State Environmental Planning Policy Amendment (Miscellaneous) 2017 (2017-350) LW 7 July 2017 (NSW)

New South Wales

State Environmental Planning Policy

Amendment (Miscellaneous) 2017

under the

Environmental Planning and Assessment Act 1979

His 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.

ANTHONY ROBERTS, MP

Minister for Planning

State Environmental Planning Policy Amendment

(Miscellaneous) 2017

under the

Environmental Planning and Assessment Act 1979

1      Name of Policy

This Policy is State Environmental Planning Policy Amendment (Miscellaneous)

2017.

2      Commencement

This Policy commences on the day on which State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Housing Code) 2017 commences and is required to be published on the NSW legislation website.

3      Repeal of Policy

(1)

This Policy is repealed on the day following the day on which this Policy

commences.

(2)

The repeal of this Policy does not, because of the operation of sections 5 (6) and 30

of the Interpretation Act 1987, affect any amendment made by this Policy.

Schedule 1

Amendment of environmental planning

instruments

1.1

Bankstown Local Environmental Plan 2015

Clause 1.8B Amendment of SEPP applying to land

Omit the clause.

1.2

Ku-ring-gai Local Environmental Plan 2015

Schedule 3 Complying development

Omit “General Housing Code under State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, other than clauses 3.9, 3.10, 3.11 and 3.24” from subclause (1) of the matter relating to Dwelling houses in Zone E4 Environmental Living in Part 1.

Insert instead “Housing Code under State Environmental Planning Policy (Exempt and

Complying Development Codes) 2008, other than clauses 3.9, 3.13 and 3.20”.

1.3

Liverpool Local Environmental Plan 2008

Schedule 3 Complying development

450m2.Zones R1, R2, R3 and R4 on a property that is equal to or greater than 400m2 and less than Omit “in clause 3.25 of” from subclause (29B) in the matter relating to Dwelling houses in

Insert instead “it has in”.

1.4

State Environmental Planning Policy (Exempt and Complying

Development Codes) 2008

[1]

Schedule 3 Complying development codes—variations

Omit the matter in Column 2 relating to Bankstown. Insert instead:

The Housing Code is varied in its application by inserting the following after clauses 3.9 (2) and 3.19 (2):

(3) However, the total floor area of a dwelling house, detached studio, basement and any secondary dwelling on a lot must not be more than 50% of the area of the lot.

[2]      Schedule 3

Omit the matter in Column 2 relating to Fairfield City. Insert instead:

The Housing Code is varied in its application by omitting clauses 3.16 (1) (a) and (4) and 3.23 (3).

[3]      Schedule 3

Omit the matter relating to Holroyd City.

[4]      Schedule 3

Insert in appropriate order:

Cumberland/Parramatta (formerly Holroyd City)

All of the land in the local

The Housing Code is varied in its application by omitting

government areas of

clauses 3.16 (1) (a) and (4) and 3.23 (3).

Cumberland and City of

Parramatta that was formerly

within Holroyd City

[5]      Schedule 3

Omit the matter in Column 2 relating to Port Macquarie-Hastings. Insert instead:

The Housing Code is varied in its application as follows:

(a)

by omitting clause 3.10 (1),

(b)

by omitting the table to clause 3.10 (3) and inserting instead:

Lot size

Minimum setback from primary

road

less than or equal to 300m2

3m

>300m2

4.5m

(c)

by omitting the table to clause 3.10 (4) and inserting instead:

Lot width at the	Building height	Minimum required setback
building line	at any point	from each side boundary
6m–10m	0m–5.5m	900mm
6m–10m	>5.5m–8.5m	(building height–5.5m)  4 + 0.9m
>10m	0m–4.5m	900mm
>10m	>4.5m–8.5m	(building height–4.5m)  4 + 0.9m

[6]      Schedule 3

Omit the matter in Column 2 relating to Riverstone Scheduled Lands. Insert instead:

The Housing Code is varied in its application by inserting the following after clause 3.1 (1):

(1A) However, development referred to in subclause (1) (a) is only complying development under this code if it is carried out on a lot created in accordance with the provisions of Appendix 4 (Alex Avenue and Riverstone Precinct Plan 2010) to State Environmental Planning Policy (Sydney Region Growth Centres) 2006.

[7]      Schedule 3

Omit the matter in Column 2 relating to Tamworth Regional. Insert instead:

The Housing Code is varied in its application by omitting the table to clause 3.10 (4) and inserting instead:

Lot width at the	Building height	Minimum required setback from
building line	at any point	each side boundary
6m–10m	0m–5.5m	900mm
6m–10m	>5.5m–8.5m	(building height–5.5m)  4 + 0.9m
>10m	0m–4.5m	900mm
>10m	>4.5m–8.5m	(building height–4.5m)  4 + 0.9m

[8]      Schedule 3

Omit the matter in Column 2 relating to Wingecarribee. Insert instead:

The Housing Code is varied in its application as follows:

(a)	by inserting “–4,000m2” after “>1,500m2” in the first column of the table to clause 3.10 (3),
(b)	by inserting in appropriate order in the table to clause 3.10 (3):
>4,000m2 15m
(c)	by inserting after clause 3.10 (4):

(4A)	Despite the table to subclause (4), if the lot has an area of at least 4,000m2 the minimum required setback from each
side boundary is 7.5m.

(d)	by inserting “–4,000m2” after “>300m2” in the first column of the table to clause 3.13 (1),
(e)	by inserting in appropriate order in the table to clause 3.13 (1):
>4,000m2 75% of lot area

1.5

State Environmental Planning Policy (Western Sydney Parklands)

2009

Schedule 2 Exempt development

Omit “clause 2.30 (b)–(g), (h1) and (j)” from subclause (2) of the matter relating to

Earthworks and retaining walls.

Insert instead “clause 2.30 (a), (b), (d)–(f) and (h)”.

1.6

Sutherland Shire Local Environmental Plan 2015

Schedule 3 Complying development

Omit “Clause 3.36C (2)–(6)” from clause 11. Insert instead “Clause 3.5”.