State Environmental Planning Policy Amendment (Arts and Cultural Activity) 2020 (2020-724) LW 11 December 2020 (NSW)
| New South Wales |
State Environmental Planning Policy
Amendment (Arts and Cultural Activity) 2020
under the
Environmental Planning and Assessment Act 1979
Her Excellency the Governor, with the advice of the Executive Council, has made the following State environmental planning policy under the Environmental Planning and Assessment Act 1979.
ROB STOKES, MP
Minister for Planning and Public Spaces
State Environmental Planning Policy Amendment (Arts and Cultural Activity) 2020 [NSW]
State Environmental Planning Policy Amendment (Arts and
Cultural Activity) 2020
under the
Environmental Planning and Assessment Act 1979
1 Name of Policy
This Policy is State Environmental Planning Policy Amendment (Arts and Cultural
Activity) 2020.
2 Commencement
This Policy commences on the commencement of Schedules 4.5 and 4.6 to the
Liquor Amendment (Night-time Economy) Act 2020 and is required to be published
on the NSW legislation website.
3 Repeal of Policy
This Policy is repealed on the day following the day on which this Policy commences.
State Environmental Planning Policy Amendment (Arts and Cultural Activity) 2020 [NSW]
Schedule 1 Amendment of local environmental plans—particular amendments relating to arts and cultural
activity
| Schedule 1 | Amendment of local environmental plans— particular amendments relating to arts and cultural activity |
| 1.1 | Blue Mountains Local Environmental Plan 1991 |
| Clause 3 Objectives | |
| Insert at the end of clause 3.1, with appropriate paragraph numbering— |
Arts and Cultural Activity
To protect and promote the use and development of land for arts and cultural activity, including music and other performance arts.
| 1.2 | Blue Mountains Local Environmental Plan 2005 |
| Clause 12 Principal objectives of the plan | |
| Insert after clause 12(m)— |
| (n) | To protect and promote the use and development of land for arts and cultural activity, including music and other performance arts. |
| 1.3 | Blue Mountains Local Environmental Plan No 4 |
| Clause 2 Aims, objectives etc | |
| Omit “environment.” from clause 2. Insert instead— |
environment, and to protect and promote the use and development of land for
arts and cultural activity, including music and other performance arts.
| 1.4 | Byron Local Environmental Plan 1988 |
| [1] | Clause 2 Aim, objectives and guiding principles |
| Omit “habitats, and” from clause 2(1)(d). Insert instead “habitats,” | |
| [2] | Clause 2(1)(f) |
| Insert after clause 2(1)(e)— |
, and
| (f) | the protection and promotion of the use and development of land for arts and cultural activity, including music and other performance arts. |
| 1.5 | Campbelltown Local Environmental Plan—District 8 (Central Hills Lands) |
| Clause 2 Aims, objectives etc | |
| Omit “that City.” from clause 2. Insert instead— |
that City, and to protect and promote the use and development of land for arts
and cultural activity, including music and other performance arts.
| 1.6 | Kiama Local Environmental Plan 1996 |
| Clause 4 Aims and objectives | |
| Insert before clause 4(1)(a)— |
State Environmental Planning Policy Amendment (Arts and Cultural Activity) 2020 [NSW]
Schedule 1 Amendment of local environmental plans—particular amendments relating to arts and cultural
activity
| (aa) | To protect and promote the use and development of land for arts and cultural activity, including music and other performance arts, |
| 1.7 | Lake Macquarie Local Environmental Plan 2004 |
| Clause 14 Aims | |
| Insert at the end of the clause, with appropriate paragraph numbering— |
, and
to protect and promote the use and development of land for arts and
cultural activity, including music and other performance arts.
| 1.8 | Leichhardt Local Environmental Plan 2000 |
| Clause 13 General objectives | |
| Insert after clause 13(3)— |
| (4) | The general objective for arts and cultural activity is to protect and promote the use and development of land for arts and cultural activity, including music and other performance arts. |
| 1.9 | Lismore Local Environmental Plan 2000 |
| Clause 2 Aims, objectives etc of plan | |
| Insert at the end of clause 2(2), with appropriate paragraph numbering— |
, and
with respect to arts and cultural activity—
to protect and promote the use and development of land for arts and
cultural activity, including music and other performance arts.
1.10 Lord Howe Island Local Environmental Plan 2010
Clause 2 Commencement and aims of Plan
Insert at the end of clause 2(2), with appropriate paragraph numbering—
to protect and promote the use and development of land for arts and
cultural activity, including music and other performance arts.
1.11 Penrith Local Environmental Plan 1991 (Environmental Heritage
Conservation)
[1] Clause 2 Heritage aims and objectives
Omit “applies, and” from clause 2(2)(f). Insert instead “applies,”.
[2] Clause 2(2)(h)
Insert after clause 2(2)(g)—
, and
| (h) | to protect and promote the use and development of land for arts and cultural activity, including music and other performance arts. |
State Environmental Planning Policy Amendment (Arts and Cultural Activity) 2020 [NSW]
Schedule 1 Amendment of local environmental plans—particular amendments relating to arts and cultural
activity
1.12 Penrith Local Environmental Plan 1998 (Urban Land)
Clause 7 Aims and objectives of this plan
Insert at the end of clause 7(1), with appropriate paragraph numbering—
Arts and Cultural Activity
to protect and promote the use and development of land for arts and
cultural activity, including music and other performance arts.
1.13 Queanbeyan Local Environmental Plan 1991
Clause 2 Aims, objectives etc
Insert after clause 2(1)—
| (1A) | The plan also has the objective to protect and promote the use and development of land for arts and cultural activity, including music and other performance arts |
1.14 South Sydney Local Environmental Plan No 114 (Southern Industrial
and Rosebery/Zetland Planning Districts)
Clause 4 Aims, objectives etc
Insert after clause 4(2)(k)—
| (ka) | to protect and promote the use and development of land for arts and cultural activity, including music and other performance arts, |
1.15 Tweed Local Environmental Plan 2000
Clause 4 Aims of this plan
Insert at the end of the clause, with appropriate paragraph numbering—
, and
to protect and promote the use and development of land for arts and
cultural activity, including music and other performance arts.
1.16 Warringah Local Environmental Plan 2000
Clause 3 What are the purposes of this plan?
Insert at the end of the clause, with appropriate paragraph numbering—
, and
to protect and promote the use and development of land for arts and
cultural activity, including music and other performance arts.
State Environmental Planning Policy Amendment (Arts and Cultural Activity) 2020 [NSW]
Schedule 2 Amendment of local environmental plans—general amendment relating to arts and cultural
activity
| Schedule 2 | Amendment of local environmental plans— general amendment relating to arts and cultural activity |
[1] Amendment to aims, objectives and purpose of Plans
For each local environmental plan specified in the table below, insert the following paragraph in appropriate order in the clause specified opposite each local environmental plan—
| (aa) | to protect and promote the use and development of land for arts and cultural activity, including music and other performance arts, |
| Name of local environmental plan | Clause to be amended |
| Ballina Local Environmental Plan 1987 | clause 2(2) |
| Bega Valley Local Environmental Plan 2002 | clause 2 |
| Botany Local Environmental Plan 1995 | clause 5(7) |
| Forbes Local Environmental Plan 1986 | clause 2(1) |
| Hurstville Local Environmental Plan 1994 | clause 2 |
| Lithgow City Local Environmental Plan 1994 | clause 2 |
| Shellharbour Local Environmental Plan 2000 | clause 2 |
| Shellharbour Rural Local Environmental | clause 3 |
| Plan 2004 | |
| Shoalhaven Local Environmental Plan 1985 | clause 2(2) |
| Singleton Local Environmental Plan 1996 | clause 2 |
| Sutherland Shire Local Environmental Plan 2006 | clause 3 |
| Sydney Local Environmental Plan (Glebe | clause 1.2(2) |
| Affordable Housing Project) 2011 | |
| Sydney Local Environmental Plan (Green Square | clause 1.2(2) |
| Town Centre) 2013 | |
| Sydney Local Environmental Plan (Green Square | clause 1.2(2) |
| Town Centre—Stage 2) 2013 | |
| Waverley and Woollahra Joint Local | clause 2(1) |
| Environmental Plan 1991—Bondi Junction Commercial Centre | |
| Wollongong Local Environmental Plan 1990 | clause 4 |
| Yarrowlumla Local Environmental Plan 2002 | clause 3(2) |
[2] Amendment to aims and objectives of Plans
For each local environmental plan specified in the table below, insert the following paragraph in appropriate order in the clause specified opposite each local environmental plan—
| (aa) | to protect and promote the use and development of land for arts and cultural activity, including music and other performance arts, and |
State Environmental Planning Policy Amendment (Arts and Cultural Activity) 2020 [NSW]
Schedule 2 Amendment of local environmental plans—general amendment relating to arts and cultural
activity
| Name of local environmental plan | Clause to be amended |
| Campbelltown (Urban Area) Local Environmental | clause 2(2) |
| Plan 2002 | |
| Deniliquin Local Environmental Plan 1997 | clause 2 |
| Penrith Local Environmental Plan No 201 (Rural | clause 2(3) |
| Lands) | |
| Queanbeyan Local Environmental Plan 1998 | clause 2 |
| South Sydney Local Environmental Plan 1998 | clause 7 |
| Sydney Local Environmental Plan 2005 | clause 11 |
State Environmental Planning Policy Amendment (Arts and Cultural Activity) 2020 [NSW]
Schedule 3 Amendment of local environmental plans—development consent relating to playing and
performing music
| Schedule 3 | Amendment of local environmental plans— development consent relating to playing and performing music |
Amendment to provisions of Plans—development consent relating to playing and performing music
For each local environmental plan specified in the table below, insert the following clause at the end of the Part or the Division specified opposite each local environmental plan, with appropriate clause numbering—
Standards that cannot be used to refuse consent—playing and performing music
| (1) | The consent authority must not refuse consent to development in relation to licensed premises on the following grounds— | |
|
(i) the genre of music played or performed, or
(ii) whether the music played or performed is live or amplified, or
(iii) whether the music played or performed is original music, or
(iv) the number of musicians or live entertainment acts playing or performing, or
(v) the type of instruments played,
| (b) | whether dancing occurs, |
| (c) | the presence or use of a dance floor or another area ordinarily used for dancing, |
| (d) | the direction in which a stage for players or performers faces, |
| (e) | the decoration to be used, including, for example, mirror balls, or lighting used by players or performers. |
| (2) | The consent authority must not refuse consent to development in relation to licensed premises on the grounds of noise caused by the playing or performance of music, if the consent authority is satisfied the noise may be managed and minimised to an acceptable level. |
| (3) | In this clause— |
| licensed premises has the same meaning as in the Liquor Act 2007. |
| Name of local environmental plan | Insert at end of Part/Division specified |
| Ballina Local Environmental Plan 1987 | Part 3 |
| Bega Valley Local Environmental Plan 2002 | Part 11 |
| Blue Mountains Local Environmental Plan 1991 | Part entitled “Special provisions” |
| Blue Mountains Local Environmental Plan 2005 | Part 2, Division 3 |
| Blue Mountains Local Environmental Plan No 4 | Part 3, Division 6 |
| Botany Local Environmental Plan 1995 | Part 3 |
| Byron Local Environmental Plan 1988 | Part 3, Division 4 |
| Campbelltown Local Environmental Plan— | Part 3 |
| District 8 (Central Hills Lands) |
State Environmental Planning Policy Amendment (Arts and Cultural Activity) 2020 [NSW]
Schedule 3 Amendment of local environmental plans—development consent relating to playing and
performing music
| Name of local environmental plan | Insert at end of Part/Division specified |
| Campbelltown (Urban Area) Local Environmental | Part 3, Division 3 |
| Plan 2002 | |
| Deniliquin Local Environmental Plan 1997 | Part 3 |
| Forbes Local Environmental Plan 1986 | Part 3 |
| Hurstville Local Environmental Plan 1994 | Part 3 |
| Kiama Local Environmental Plan 1996 | Part 10 |
| Lake Macquarie Local Environmental Plan 2004 | Part 4 |
| Leichhardt Local Environmental Plan 2000 | Part 8 |
| Lismore Local Environmental Plan 2000 | Part 2 |
| Lithgow City Local Environmental Plan 1994 | Part 3 |
| Lord Howe Island Local Environmental Plan 2010 | Part 1 |
| Penrith Local Environmental Plan 1991 | Part 2 |
| (Environmental Heritage Conservation) | |
| Penrith Local Environmental Plan 1998 (Urban | Part 5 |
| Land) | |
| Penrith Local Environmental Plan No 201 (Rural | Part 3 |
| Lands) | |
| Queanbeyan Local Environmental Plan 1991 | Part 3, Division 4 |
| Queanbeyan Local Environmental Plan 1998 | Part 13 |
| Shellharbour Local Environmental Plan 2000 | Part 12 |
| Shellharbour Rural Local Environmental | Part 3, Division 4 |
| Plan 2004 | |
| Shoalhaven Local Environmental Plan 1985 | Part 3, Division 8 |
| Singleton Local Environmental Plan 1996 | Part 10 |
| South Sydney Local Environmental Plan 1998 | Part 4, Division 4 |
| South Sydney Local Environmental Plan No 114 | Part 3 |
| (Southern Industrial and Rosebery/Zetland Planning Districts) | |
| Sutherland Shire Local Environmental Plan 2006 | Part 3, Division 3 |
| Sydney Local Environmental Plan 2005 | Part 3 |
| Sydney Local Environmental Plan (Glebe | Part 5 |
| Affordable Housing Project) 2011 | |
| Sydney Local Environmental Plan (Green Square | Part 5 |
| Town Centre) 2013 | |
| Sydney Local Environmental Plan (Green Square | Part 5 |
| Town Centre—Stage 2) 2013 | |
| Tweed Local Environmental Plan 2000 | Part 12 |
| Waverley and Woollahra Joint Local | Part 3 |
| Environmental Plan 1991—Bondi Junction Commercial Centre | |
| Warringah Local Environmental Plan 2000 | Part 2 |
State Environmental Planning Policy Amendment (Arts and Cultural Activity) 2020 [NSW]
Schedule 3 Amendment of local environmental plans—development consent relating to playing and
performing music
| Name of local environmental plan | Insert at end of Part/Division specified |
| Wollongong Local Environmental Plan 1990 | Part 3 |
| Yarrowlumla Local Environmental Plan 2002 | Part 5 |
State Environmental Planning Policy Amendment (Arts and Cultural Activity) 2020 [NSW]
Schedule 4 Amendment of State Environmental Planning Policy (Exempt and Complying Development
Codes) 2008
| Schedule 4 | Amendment of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 |
Part 2, Division 1 General Exempt Development Code
Omit “food and drink” from the heading to Subdivision 15AB.
Insert instead “existing”.
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