Campbelltown (Urban Area) Local Environmental Plan 2002 (Amendment No 12) (2006-140) [GG No 40 of 31.3.2006, p 1634] (NSW)

2006 No 140

New South Wales

Campbelltown (Urban Area) Local

Environmental Plan 2002 (Amendment

No 12)

under the

Environmental Planning and Assessment Act 1979

I, the Minister for Planning, make the following local environmental plan under the

Environmental Planning and Assessment Act 1979. (P03/00167/PC)

FRANK SARTOR, M.P.,

Minister for Planning

Published in Gazette No 40 of 31 March 2006, page 1634 Page 1

2006 No 140	Campbelltown (Urban Area) Local Environmental Plan 2002 (Amendment
Clause 1	No 12)

Campbelltown (Urban Area) Local Environmental Plan

2002 (Amendment No 12)

under the

Environmental Planning and Assessment Act 1979

1      Name of plan

This plan is Campbelltown (Urban Area) Local Environmental

Plan 2002 (Amendment No 12).

2      Aims of plan

The aims of this plan are as follows:

(a)	to establish the Edmondson Park Urban Release Area Precinct,
(b)	to rezone land within the Edmondson Park Urban Release Area Precinct for conservation, open space, residential, rural residential, commercial and employment-generating purposes,
(c)	to identify localities that respond to existing subdivision patterns and drainage catchments to facilitate the orderly phasing of the development of land and associated infrastructure,
(d)	to establish guiding principles for development within the Edmondson Park Urban Release Area Precinct to facilitate the timely provision of physical and social infrastructure, the orderly phasing of the development of land, the protection of items of environmental and cultural heritage and the management of stormwater,
(e)	to establish a framework for the preparation of locality development control plans for the Edmondson Park Urban Release Area Precinct that are consistent with and complement the provisions of this plan, and facilitate the timely provision of physical and social infrastructure, the orderly phasing of the development of land, the management of water courses and stormwater, and the appropriate management of development,
(f)	to provide for the integration of development within the Edmondson Park Urban Release Area Precinct with the existing urban pattern,

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(g)	to identify, protect and manage environmentally sensitive areas within the Edmondson Park Urban Release Area Precinct including waterways and riparian corridors, biological linkages, remnant native vegetation and associated buffers,
(h)	to ensure that water sensitive urban design solutions are incorporated into the development of the Edmondson Park Urban Release Area Precinct,

(i)      to introduce a new residential zone into Campbelltown (Urban Area) Local Environmental Plan 2002 to permit a wider range of dwelling types and residential densities,

(j)	to introduce a new zone into Campbelltown (Urban Area) Local Environmental Plan 2002 for proposed national parks and nature reserves,
(k)	to prohibit certain development in the business zones.

3      Land to which plan applies

This plan applies to land to which Campbelltown (Urban Area) Local

Environmental Plan 2002 applies.

4      Amendment of Campbelltown Local Environmental Plan No 112— Macquarie Field House

Campbelltown Local Environmental Plan No 112—Macquarie Field

House is amended by inserting at the end of clause 3:

(2)

This plan does not apply to land within Lot 100 or 101, DP

1060693, Campbelltown Road, Glenfield.

5 Amendment of Campbelltown (Urban Area) Local Environmental Plan 2002

Campbelltown (Urban Area) Local Environmental Plan 2002 is amended as set out in Schedule 1.

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Schedule 1

Amendment of Campbelltown (Urban Area) Local Environmental Plan 2002

Schedule 1 Amendment of Campbelltown (Urban Area) Local Environmental Plan 2002

(Clause 5)

[1]      Clause 2 Aims and objectives

Omit clause 2 (2) (e). Insert instead:

(e) to ensure that environmentally sensitive areas (including waterways, riparian corridors, biological linkages, remnant native vegetation and associated buffers) are protected and, where damaged, rehabilitated, and

[2]      Clause 2 (2) (q)

Insert at the end of clause 2 (2) (p):

, and

(q) to ensure that measures are adopted to minimise potential soil salinity problems.

[3]      Clause 9 Zone 2 (b)—Residential B Zone

Insert “(and not edged red)” after “pink” in clause 9 (1).

[4]      Clause 9A

Insert after clause 9:

9A Zone 2 (c)—Higher Density Residential Zone

(1)

What land is within Zone 2 (c)?

Land is within Zone 2 (c) if it is shown coloured pink and edged red on the map.

(2)

What are the zone objectives and what effect do they have?

The objectives of this zone are:

(a)	to make provision for land to be used for housing and a range of associated uses, and
(b)	to permit a range of housing types, with identified density standards, and
(c)	to encourage the provision of a variety of housing types that are higher in density than traditional dwelling houses within locations that are accessible to public transport, employment and retail, commercial and service facilities, and

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(d)	to permit the carrying out of a range of activities from dwellings, where such activities are not likely to adversely affect the amenity of residents of the locality, and
(e)	to permit development that is supported by physical and social infrastructure required to meet the needs of the future residents within the zone, and
(f)	to permit development that acknowledges and protects areas of environmental and cultural sensitivity, and
(g)	to permit development that incorporates measures to minimise potential soil salinity problems, and
(h)	to permit development that will maximise the retention of remnant native vegetation.

Except as otherwise provided by this plan, consent must not be granted for development on land within this zone unless the consent authority is of the opinion that the proposed development would be consistent with one or more of the objectives of this zone.

(3)

What development may be carried out without consent?

Development may be carried out on land within this zone without consent for the purpose of utility installations.

(4)

What development may be carried out only with consent?

Development that is not included in subclause (3) or (5) may be carried out with consent on land within this zone.

(5)

What development is prohibited?

Development is prohibited on land within this zone if it is for the

purpose of:

Agriculture; amusement centres; animal boarding or training

establishments; auction premises; brothels; bulky goods

retailing; bus depots; caravan parks; clubs; commercial premises;

computer processing centres; extractive industries; forestry;

hazardous industries; hazardous storage establishments;

helipads; heliports; hospitals; hotels; industrial machinery

showrooms; industries; institutions; intensive horticulture;

intensive livestock keeping; junk yards; landscape supply

establishments; liquor stores; local markets; mines (except

underground mining); motels; motor showrooms; motor vehicle

body repair workshops; motor vehicle repair stations; motor

vehicle spare parts and accessories outlets; offensive industries;

offensive storage establishments; places of assembly; plant hire;

potentially hazardous industries; potentially offensive industries;

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public buildings; recreation establishments; refreshment rooms; religious establishments; research establishments; retail plant nurseries; retail plant propagation nurseries; roadside stalls; rural industries; sawmills; service stations; shops; storage establishments; towing services; transport terminals; veterinary establishments; warehouses; wholesale plant nurseries.

[5]      Clause 10 Zone 3 (a)—General Business Zone

Insert “and Edmondson Park” after “Ingleburn” in clause 10 (2) (a).

[6]      Clause 10 (2) (e)

Omit the paragraph. Insert instead:

(e) to facilitate the establishment of the Edmondson Park Town Centre as a transport node servicing the Edmondson Park Urban Release Area Precinct and adjoining lands.

[7]      Clause 10 (5)

Omit the subclause. Insert instead:

(5)

What development is prohibited?

Development is prohibited on land within this zone if it is for the

purpose of:

Agriculture; animal boarding or training establishments;

brothels; bulky goods retailing; bus depots; caravan parks; dual

occupancies; dual occupancies (attached); dwelling houses;

exhibition homes; extractive industries; forestry; hazardous

industries; hazardous storage establishments; helipads; heliports;

hospitals; industrial machinery show rooms; industries;

institutions; integrated housing development; intensive

horticulture; intensive livestock keeping; junkyards; landscape

supply establishments; mines (except underground mining);

motor vehicle body repair workshops; motor vehicle repair

stations; motor vehicle spare parts and accessories outlets;

offensive industries; offensive storage establishments;

potentially hazardous industries; potentially offensive industries;

recreation establishments; religious establishments; retail plant

propagation nurseries; roadside stalls; rural industries; sawmills;

storage establishments; towing services; warehouses; wholesale

plant nurseries.

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[8]      Clause 11 Zone 3 (c)—Neighbourhood Business Zone

Omit clause 11 (5). Insert instead:

(5)

What development is prohibited?

Development is prohibited on land within this zone if it is for the

purpose of:

Agriculture, amusement centres; animal boarding or training

establishments; auction premises; brothels; bulky goods

retailing; bus depots; caravan parks; clubs; computer processing

centres; dual occupancies; dual occupancies (attached); dwelling

houses; exhibition homes; extractive industries; forestry;

hazardous industries; hazardous storage establishments;

helipads; heliports; hospitals; hotels; industrial machinery

showrooms; industries; institutions; intensive horticulture;

intensive livestock keeping; junk yards; landscape supply

establishments; mines (except underground mining); motels;

motor showrooms; motor vehicle body repair workshops; motor

vehicle repair stations; motor vehicle spare parts and accessories

outlets; offensive industries; offensive storage establishments;

places of assembly; plant hire; potentially hazardous industries;

potentially offensive industries; recreation establishments;

religious establishments; research establishments; retail plant

nurseries; retail plant propagation nurseries; roadside stalls; rural

industries; sawmills; storage establishments; towing services;

transport terminals; warehouses; wholesale plant nurseries.

[9]      Clause 26A

Insert after clause 26:

26A Zone 8 (b)—National Parks and Nature Reserves Zone

Note. Until such time as a Ministerial order is published under clause 64, this clause will not apply to any land.

(1)

What land is within Zone 8 (b)?

Land is within Zone 8 (b) if it is marked “8 (b)” on the map.

(2)

What are the zone objectives?

The objectives of this zone are:

(a)	to identify land that is or is to be reserved under the National Parks and Wildlife Act 1974, and
(b)	to permit development for a purpose authorised under that Act to be carried out on the land without consent.

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(3)	What development may be carried out without consent?
Development for any purpose authorised under the National Parks and Wildlife Act 1974 may be carried out on land within this zone without consent.
(4)	What development is prohibited?
Development that is not included in subclause (3) is prohibited on land within this zone.

[10]      Clause 38A

Insert after clause 38:

38A

Development near Zone 5 (e)—Special Uses Public Purposes

Corridor Zone

(1)	The consent authority must not grant consent to development on land adjoining or adjacent to land within Zone 5 (e) unless the consent authority has taken into consideration the effect that the development is likely to have on the practicability and cost of future development of the public transport corridor within that zone.
(2)	Nothing in subclause (1) requires consent to be obtained for development on land adjoining or adjacent to land within Zone 5 (e) if the development may be carried out without consent under other provisions of this plan.
(3)	The consent authority may consent to development on land adjoining or adjacent to land within Zone 5 (e) only if it has referred the development application concerned to the Director-General and considered any comments received from the Director-General within 28 days of the date of referral.
(4)	Nothing in this clause precludes the consent authority from determining an application if no comments are received from the Director-General within that 28-day period.

[11]      Division 2A, Part 3

Insert after Division 2 of Part 3:

Division 2A

Edmondson Park Urban Release Area

Precinct

51A Meaning of “locality”

A reference in this Division to land within a particular locality is a reference to land that is within an area shown edged heavy black

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and designated as that locality on Sheet 3 of the map marked “Campbelltown (Urban Area) Local Environmental Plan 2002 (Amendment No 12)”.

51B Objectives of this Division

The objectives of this Division are as follows:

(a)

to adopt and promote measures for the development of land within the Edmondson Park Urban Release Area Precinct to provide for the location of appropriate land uses, supported by social and physical infrastructure,

(b)

to ensure that water sensitive urban design solutions are incorporated into development of the Edmondson Park Urban Release Area Precinct that minimise the impacts of development on the natural water cycle and consider the management of the total water cycle, including solutions that:

(i)	protect and improve waterways as natural systems, and
(ii)	prevent increased flooding risk, and

(iii)	improve water quality and quantity, and reduce the frequency of stormwater run-off from urban development, and
(iv)	conserve water and reduce the demand on potable water supply through the provision of recycled water, and
(v)	integrate stormwater outcomes with flooding and riparian functions,

(c)

to ensure that development within the Edmondson Park Urban Release Area Precinct is carried out in appropriate sequence and is supported by physical and social infrastructure, the need for which is generated by that development.

51C Matters for consideration

The consent authority must not grant consent to any development within a locality in the Edmondson Park Urban Release Area Precinct unless the consent authority has considered the following:

(a)	the objectives of this Division set out in clause 51B,
(b)	the objectives for development within the Precinct set out in clause 51D,

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(c) the guiding principles for development within the Precinct set out in clause 51E.

51D Objectives for development

The objectives for development within the Edmondson Park

Urban Release Area Precinct are as follows:

(a)

in relation to accessibility:

(i)	to integrate future transport opportunities into the planning process, and
(ii)	to ensure roads, pedestrian pathways and cycleways link into and between residential areas, employment areas, and civic and cultural facilities, and

(iii) to accommodate people with disabilities throughout the Precinct,

(b)

in relation to the natural environment:

(i)	to conserve and enhance the biodiversity of the Precinct through the management of areas of conservation significance and riparian corridors and the retention of remnant native vegetation within residential and business zones, and
(ii)	to incorporate areas of vegetation conservation and existing creeks into the riparian corridor, and open space networks, within the Precinct, and

(iii)	to minimise pollution by encouraging a reduction in the use of private automobiles, and
(iv)	to incorporate water sensitive urban design solutions and provide opportunities for a reduction in water consumption and best practice management of stormwater run-off, and
(v)	to minimise disturbance to natural hydrological systems as a result of development and minimise, or appropriately manage, development causing or increasing soil salinity, and
(vi)	to minimise any impact on occupants in the locality of potential noise sources through quality design and the appropriate location of uses, and
(vii)	to minimise potable water consumption by providing recycled water to the Precinct,

(c)

in relation to the built environment:

(i) to respond to the physical, cultural and urban heritage of the Precinct through planning and design

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that responds to landform, remnant vegetation, riparian corridors, soil salinity, climate and patterns of land use, and

(ii)      to create compact urban centres, including a town centre and village, that are surrounded by residential development offering a variety of housing choices at a sustainable density, and

(iii)      to ensure proposed development relates to regional access routes, proposed public transport routes, local road network and the open space network, and

(iv)      to provide an interconnected local road network that provides easy access into and between residential areas and the town centre, villages and the open space network, and

(v)     to provide a clear interconnected pedestrian pathway and cycleway system, linking the town centre, villages, residential areas and the open space network, and

(vi)      to provide an integrated open space system, and

(vii)      to ensure adequate provision for, and design of, key public places and spaces, and

(viii)      to ensure all buildings are designed with the amenity of the occupant in mind, including ensuring adequate solar access, cross-ventilation and access to views, and appropriate house and apartment sizes, and

(ix)      to conserve resources, including land, energy in the construction and use of buildings, remnant native vegetation, water and soils, and

(x)      to ensure that land is used and developed in a manner that does not significantly increase water infiltration to groundwater systems, and does not significantly increase salt loads in waterways, wetlands or soils, and

(xi)      to ensure that any off-site impacts of development on groundwater and soil salinity are recognised and assessed, and

(xii)      to ensure that any potential risk to human health or the environment arising from any contamination of land is recognised and that suitable measures are adopted to address that risk,

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(d)

in relation to social and cultural issues:

(i)	to facilitate the provision of a diverse range of housing types, and of retail, civic and cultural facilities, and to ensure that these are strategically located throughout the Precinct, and
(ii)	to ensure the provision of places for a range of recreational activities and facilities that will accommodate structured and unstructured activities, and

(iii) to provide transport choice by enabling the provision of public transport infrastructure,

(e)

in relation to the economy:

(i)	to encourage the provision of employment opportunities for a wide range of age and socio-economic groups, and
(ii)	to ensure appropriate physical and social infrastructure is provided as land is developed to meet the needs of the incoming population, and

(iii)	to encourage the provision of affordable housing, and
(iv)	to ensure the efficient use of land and available infrastructure, and
(v)	to ensure that consideration is given to any physical limitations of land, including soil salinity and the impacts of that salinity, to minimise the potential for future adverse economic impacts arising from development.

51E	Guiding principles for development
(1) The guiding principles for development within the Edmondson Park Urban Release Area Precinct are as set out in this clause. (2) Construction sites

Construction sites will not unreasonably impact on the amenity of surrounding land, pedestrian or road safety, or the natural environment. In particular:

(a) adequate areas will be allocated for the handling and storage of construction materials, which will be safe and will not interfere with pedestrian or traffic movement, and

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(b)	the timing, frequency, and routes of construction vehicle movements will be safe and will minimise adverse impacts on roads, pedestrian and traffic movement and surrounding residents, and
(c)	construction waste will be minimised, legally handled, transported and disposed of, and
(d)	dedicated safe pedestrian access will, at all times, be provided around each construction site, and
(e)	construction sites will be managed to ensure air and water borne pollutants, such as noise, dust, odour and liquids, are minimised.

(3)

Noise

Development will not result in noise emission that will unreasonably diminish the amenity of the locality and will not result in noise intrusion that would be unreasonable to the occupants of the locality. In particular:

(a)	noise emissions will not exceed the background noise level (LA 90) by more that 5 dB(A) when measured at the receiving boundary of residential and other noise-sensitive land uses, and
(b)	buildings near existing noise-generating activities (such as industry) and areas (such as roads) will be designed to mitigate the adverse impacts of that noise on users or occupiers of those buildings.

(4)

Pollutants

No development will be carried out that would result in the emission of atmospheric pollutants (including odours), or liquid or other pollutants, that would unreasonably diminish the amenity of adjacent properties, the locality or waterways.

(5)

Salinity and water pollution

Development will be designed and carried out so as not to cause or increase the salinity of soil, surface water or groundwater or cause any water pollution. In particular:

(a)	measures will be adopted to minimise erosion and sediment loss before, during and after any construction work, and
(b)	water pollution arising from any erosion, siltation and sedimentation will be minimised.

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(6)

Hazardous uses

Development will not pose a significant risk to:

(a)	human health, life or property, or
(b)	the biophysical environment.

(7)

Radiation emission levels

Development on land near mobile phone base stations, antennas and transmitters that emit electromagnetic radiation will be carried out on sites and designed to mitigate any adverse impacts of that radiation on users or occupiers of the land.

Development for the purposes of mobile phone base stations, antennas and transmitters that emit electromagnetic radiation will be carried out on sites and designed to mitigate any adverse impacts of that radiation on the users or occupiers of adjoining land.

(8)

Safety and security

Development will not detract from and, where possible, will enhance the safety and security of persons within the locality. In particular:

(a)	buildings will overlook streets as well as public and communal places to allow casual surveillance, and
(b)	service areas and access ways will be either secured or allow casual surveillance, and
(c)	there will be adequate lighting of entrances and pedestrian areas, and
(d)	after-hours land uses will take place along primary pedestrian routes, and
(e)	public toilets, telephones and other public facilities will be located so as to give users direct access to them and will be clearly visible from well-trafficked public spaces, and
(f)	entrances to buildings will be from public streets wherever possible, and
(g)	buildings and structures will be robust and durable to discourage vandalism.

(9)

Development near parks, bushland reserves and other public

open spaces

Development adjacent to parks, bushland reserves and other public open spaces, including land reserved for public open space, will complement the landscape character and public use and enjoyment of that land. In carrying out development adjacent

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to bushland, measures will be adopted to mitigate or control the erosion of soils, the siltation of streams and waterways and the spread of weeds and exotic plants within those reserves that arise directly or indirectly from the development. In particular:

(a)	where appropriate, the frontages of housing will face public open spaces, and
(b)	public access to public open spaces will be maximised, and
(c)	buildings will be located to provide an outlook to public open spaces, without appearing to privatise that space, and
(d)	there will be a visual transition between open space and buildings, which will be achieved by, among other things, avoiding the abutting of public open spaces by back fences, and
(e)	views to public open spaces from adjoining land and other public places will be maximised, and
(f)	if public open space or land reserved for public open space contains bushland, development on that land will be designed and carried out so as to not threaten the protection or preservation of the bushland, and
(g)	in the carrying out of development adjacent to any bushland, measures will be adopted to mitigate or control the erosion of soils, the siltation of streams and waterways, alteration of the natural surface water and groundwater characteristics and the spread of weeds and exotic plants within the bushland.

(10)

Signs

The number, size, shape and placement of signs will be limited to the extent necessary to:

(a)	allow the reasonable identification of the land use, business, activity or building to which the sign relates, and
(b)	ensure that the sign is compatible with the design, scale and architectural character of the building or site upon which it is to be placed, and
(c)	ensure that the sign does not dominate or obscure other signs or result in visual clutter, and
(d)	ensure that the sign does not endanger the public or diminish the amenity of nearby properties.

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(11)

Provision and location of utility services

With the exception of reservoirs, utility services, including service structures, plant and equipment, will be located below ground or be designed to be an integral part of the development and suitably screened from public places or streets. Where possible, underground utility services will be provided in a common trench.

(12)

Retaining unique environmental features on sites, including

archeological sites and places of Aboriginal heritage

significance

Development will be designed to retain and complement any unique environmental features of its site, or of adjoining or nearby land. In particular:

(a)	development will be designed to incorporate or be sympathetic to environmental features, such as rock outcrops, remnant bushland and watercourses, and
(b)	in the case of development involving any ground disturbance or the removal of any trees—consideration should be given to whether it falls within the description of development set out in clause 44 (1) (d).

Note. Clause 44 (1) (d) refers to development comprising the disturbance or excavation of a place of Aboriginal heritage significance or an archaeological site while knowing or having reasonable cause to suspect, that the disturbance or excavation will or is likely to result in a relic being discovered, exposed, moved, damaged or destroyed. Under clause 44, such development generally requires consent and, where it does, certain controls apply.

51F	Locality development control plans
(1) Despite any other provisions of this plan (other than clause 51G), the consent authority must not grant consent to development on land within locality CA, CC, CD, CE or CF unless the consent authority has:

(a)	made a development control plan for the locality that contains the matters provided for by this clause, and
(b)	taken the development control plan into consideration.

(2) The consent authority may waive the requirement under subclause (1) for a development control plan to be made and considered before granting consent to development on land within the locality if it is satisfied:

(a) that the proposed development is of a minor nature only and is ancillary to the existing use of the land, or

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(b)	that adequate guidelines and controls applying to the land are already in place, or
(c)	that the proposed development is for the purpose of drainage.

(3)

A development control plan for a locality is to outline the development of all the land to which it applies. In particular, such a plan is:

(a)	in the opinion of the consent authority, to reflect the objectives for the Edmondson Park Urban Release Area Precinct set out in clause 51D, and
(b)	to assess the impact of development within the locality on adjoining localities within the Edmondson Park Urban Release Area Precinct, including on existing or future development within those localities (as detailed in any development control plans for those localities), and
(c)	to detail proposed stages of development within the locality and identify any infrastructure that is proposed to be provided at, and in connection with, each stage, and
(d)	to discuss and contain diagrams showing the following matters in relation to proposed subdivision of land within the locality:

(i)      indicative subdivision patterns for land within the locality,

(ii)      a proposed road layout and circulation network within the locality, being a road layout and circulation network that, in the opinion of the consent authority, has been designed with regard to drainage constraints and topography,

(iii)      detailed cross-sections of proposed roads, including proposed verge widths and treatments, and

(e)

to contain proposals for the erection of dwellings at a density that would not result in the consent authority being unable to grant consent as a result of clause 51H, and

(f)

to contain proposals that, in the opinion of the consent authority:

(i)	would ensure that natural water cycle systems are supported and integrated into proposed development, and
(ii)	reflect best practice for stormwater quality and quantity control and associated uses, and

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(g)

to contain a detailed plan for water cycle management that illustrates and explains how all staged works can be integrated into a final drainage design (as described in the development control plan) for the Edmondson Park Urban Release Area Precinct, including detailed proposals for the provision and decommissioning of any temporary drainage arrangements, and

(h)

to contain a financial model explaining the staging of development and corresponding provision of infrastructure that identifies the following:

(i)	infrastructure proposed to be provided by the developer and infrastructure proposed to be provided by the Council,
(ii)	any financial limitations or impediments to the delivery of infrastructure,

(iii) any proposed strategies to overcome these limitations or impediments.

51G

Development on land across or adjoining locality boundaries

(1)	This clause applies to land in a relevant lot that is in two localities within the Edmondson Park Urban Release Area Precinct if a development control plan for one of those localities has been made, and a development control plan for the other locality has not been made, under clause 51F.
(2)	This clause also applies to land in a relevant lot that:

(a)	is within a locality for which a development control plan has not been made under clause 51F, and
(b)	adjoins another locality for which a development control plan has been made under that clause.

(3)

Despite clause 51F, the consent authority may consent to development on land to which this clause applies if the consent authority is satisfied that:

(a)	the proposed development is consistent with the general objectives of this plan, and
(b)	the carrying out of the proposed development is appropriate in terms of servicing and achieves the optimum balanced development of the land, and
(c)	the development control plan that has been made under clause 51F for one of the localities concerned:

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(i)      in the case of land referred to in subclause (1)— proposes that development be carried out on the part of the land that is not within that locality, and

(ii)      in the case of land referred to in subclause (2)— proposes that development be carried out on the land, and

(d)	the development is proposed to be integrated and carried out in conjunction with the development of land in the locality for which the development control plan has been made, including the part of the lot that is within the locality in the case of land referred to in subclause (1), and
(e)	the proposed development is consistent with the proposals for development contained in the development control plan (particularly, the proposed subdivision patterns and roads, plan for water cycle management and character of development described in the development control plan), and
(f)	appropriate arrangements have been made for the collection, treatment and discharge of stormwater from the land.

(4)

In this clause:

relevant lot means a lot that was lawfully created and in existence

immediately before the commencement of Campbelltown

(Urban Area) Local Environmental Plan 2002 (Amendment

No 12).

51H

Density controls

(1)	The consent authority must not grant consent to the erection of dwellings on land within the Edmondson Park Urban Release Area Precinct unless the net site density applying in relation to the proposed dwellings on the land is not less than the prescribed net site density applying in relation to the land.
(2)	The consent authority must not grant consent to the subdivision of land within the Edmondson Park Urban Release Area Precinct unless the consent authority is of the opinion that the proposal is not inconsistent with the prescribed net site density applying in relation to the land.
(3)	Despite subclause (1), the consent authority may consent to the erection of dwellings on land within Zone 2 (c), 3 (a) or 3 (c) even though the net site density applying in relation to the proposed dwellings is less than the prescribed net site density if:

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(a)

the proposed net site density is not less than the prescribed net site density (if any) that would apply if the boundary of the land was located 60 metres away in at least one direction, and

(b)

the consent authority is satisfied that the proposed density is required:

(i)	to incorporate an efficient road layout in connection with the proposed development, or
(ii)	to achieve the optimum development of the land in a planning and urban design sense.

(4) State Environmental Planning Policy No 1—Development Standards does not apply in relation to any prescribed net site density.

(5)

In this clause:

net site density, in relation to dwellings, means the ratio that the

number of dwellings concerned bears to the area occupied by

those dwellings, excluding any public roads, open space or

drainage corridors.

prescribed net site density, in relation to land, means the

minimum net site density applying in relation to dwellings on the

land, as identified on Sheet 2 of the map marked “Campbelltown

(Urban Area) Local Environmental Plan 2002 (Amendment

No 12)”.

51I

Certain subdivisions and regional transport infrastructure

(1) This clause applies to land that is within the Edmondson Park Urban Release Area Precinct and Zone 2 (c), 3 (a) or 3 (c). (2) The consent authority must not consent to the subdivision of land to which this clause applies that will create a lot with an area of less than 40 hectares unless the Director-General has certified in writing to the consent authority that satisfactory arrangements have been made for contributions to the provision of regional transport infrastructure and services in relation to the land comprising that lot. (3) The object of contributions referred to in subclause (2) is to require assistance towards the provision of regional transport infrastructure and services to satisfy needs that will arise from intensive urban development of land to which this clause applies. (4) The reference in subclause (2) to a lot of less than 40 hectares does not include a reference to any such lot that is:

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(a)	identified in the certificate of the Director-General as a residue lot, or
(b)	proposed in the development application to be reserved or dedicated for public open space, public roads, public utilities, educational facilities or any other public purpose.

(5) This clause does not apply to a subdivision of land for the purpose of rectifying an encroachment on any existing allotment.

(6) State Environmental Planning Policy No 1—Development Standards does not apply to development to which this clause applies.

(7) This clause has effect despite any other provisions of this plan.

51J

Vehicle access to development adjoining Campbelltown Road or

Macdonald Road

(1)	The consent authority must not grant consent to development on land within the Edmondson Park Urban Release Area Precinct adjoining Campbelltown Road or Macdonald Road unless vehicular access to the land from that road is by way of another road (not being the road reserve for that road or a State road).
(2)	Despite subclause (1), the consent authority may consent to permanent vehicular access to Campbelltown Road or Macdonald Road if, in the opinion of the consent authority, alternative access to the development is neither practicable, nor provided, by another road.

51K

Vehicle access to development adjoining the M5 Motorway

The consent authority must not grant consent to development on land adjoining the M5 Motorway that is within the Edmondson Park Urban Release Area Precinct and Zone 6 (c) unless vehicular access to the land from that road is by way of another road.

51L

Noise and vibration attenuation—residential development near

arterial road, transitway or rail corridor

The consent authority must not grant consent to the carrying out of residential development within the Edmondson Park Urban Release Area Precinct that is within 100 metres of an arterial road, transitway or rail corridor unless it has considered an assessment of the effects on the development of noise and vibration from the road, transitway or corridor and is satisfied that appropriate measures to minimise any such effects will be incorporated in any such development.

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51M	Ingleburn Gardens
(1) This clause applies to Lot 100 or 101, DP 1060693, Campbelltown Road, Glenfield.
(2) Clauses 51F, 51G, 51H and 51I do not apply to land to which this clause applies. (3) The consent authority must not consent to development on land to which this clause applies unless it has considered Edmondson Park Smart Growth Development Control Plan—Locality CB (as adopted by the Council on 16 November 2004).
51N	General stores—Zone 2 (c)
(1) Despite any other provision of this plan, development for the purpose of a general store may be carried out with consent on land that is within the Edmondson Park Urban Release Area Precinct and Zone 2 (c). (2) In this clause: general store means a shop used for selling general merchandise by retail that has a floor area of no more than 50 square metres.

[12]      Clause 53 Development within Zone 5 (e)

Insert “, a public transport corridor” after “road” in clause 53 (3).

[13]      Clauses 62–64

Insert after clause 61:

62 Development on land that may be affected by salinity

(1)

The consent authority must not grant consent to development on

land if, in the opinion of the consent authority:

(a)	it is likely that the land has saline soil, or
(b)	the development may cause the soil on the land to become, or become more saline,

unless it has considered a salinity management report in relation

to the development.

(2)

A salinity management report is a report that recommends measures to be adopted, as part of proposed development, to reduce:

(a)	any existing soil salinity, or any impact of that salinity, on the land concerned, and
(b)	the likelihood and impact of the soil becoming, or becoming more, saline as a result of the development.

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(3)

The salinity management report is to include measures that are

based on the following principles (to the extent relevant):

(a)	the removal of any native vegetation should be minimised,
(b)	deep-rooted species of vegetation that are salt tolerant and able to reduce ground water levels should be planted,
(c)	footings of buildings should be constructed so as not to impede groundwater movement,
(d)	building materials that are resistant to salt effects should be used in building works,
(e)	surface water infiltration should be reduced by constraining irrigation systems,
(f)	roadways, utility services and other infrastructure should be located so as to reduce:

(i)      any existing soil salinity or any impact of that salinity, and

(ii)      the likelihood and impact of the soil becoming, or becoming more, saline as a result of the development.

63      Mines

The consent authority may grant consent to development for the purpose of mines only if the consent authority is satisfied that:

(a)

the development will not compromise:

(i)	the quality, significance or integrity of the ecological attributes of the land on which the development is proposed to be carried out, or
(ii)	the objectives of the zoning of that land, as set out in this plan, at ground level, and

(b)

any proposed surface facilities for the mine do not adversely affect the amenity of the locality.

64      Delayed rezoning of certain Commonwealth land

(1)	The zoning of land effected by Sheet 4 of the map marked “Campbelltown (Urban Area) Local Environmental Plan 2002 (Amendment No 12)” (the relevant map) does not commence until a date specified by the Minister by order published in the Gazette.
(2)	The Minister is not to make such an order unless the Minister is satisfied that the land shown coloured dark green with red hatching on Sheet 4 of the relevant map:

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(a)	is vested in the State of New South Wales or a public authority of the State of New South Wales, and
(b)	is reserved under the National Parks and Wildlife Act 1974 or is held for the purpose of being so reserved.

(3)

For the avoidance of doubt:

(a)	nothing in this clause affects the zone applying to any land shown distinctively coloured on Sheet 1 of the relevant map, and
(b)	until such time as the Minister makes an order under this clause, the zone applying to any land shown distinctively coloured on Sheet 4 of the relevant map is the zone applying to that land immediately before the commencement of Campbelltown (Urban Area) Local Environmental Plan 2002 (Amendment No 12).

[14]      Schedule 1 Heritage items and heritage conservation areas

Insert in appropriate order under the heading “Campbelltown Road” in Part

1 of the Schedule:

Mont St Quentin Oval, including entry gates

Part of Lot 2 DP 831150, Edmondson Park

Significance: National

Mess Hall, Ingleburn Army Camp

Part of Lot 2 DP 831150, Edmondson Park

Significance: National

[15]      Schedule 3 Dictionary

Insert in alphabetical order:

development has the same meaning as it has in the Act.

Edmondson Park Urban Release Area Precinct means the land

shown edged heavy black on Sheet 1 of the map marked

“Campbelltown (Urban Area) Local Environmental Plan 2002

(Amendment No 12)”.

[16]      Schedule 3, definition of “mine”

Insert “, natural gas” after “metal”.

[17]      Schedule 3, definition of “the map”

Insert in appropriate order:

Campbelltown (Urban Area) Local Environmental Plan 2002 Amendment No 12, Sheets 1–3 and, subject to clause 64, Sheet 4.

BY AUTHORITY