State Environmental Planning Policy Amendment (Repeal of Operational SEPPs) 2019 (2019-659) LW 20 December 2019 (NSW)
| New South Wales |
State Environmental Planning Policy
Amendment (Repeal of Operational SEPPs)
2019
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.
ROBERT STOKES, MP
Minister for Planning and Public Spaces
State Environmental Planning Policy Amendment (Repeal of Operational SEPPs) 2019 [NSW]
State Environmental Planning Policy Amendment (Repeal of
Operational SEPPs) 2019
under the
Environmental Planning and Assessment Act 1979
1 Name of Policy
This Policy is State Environmental Planning Policy Amendment (Repeal of
Operational SEPPs) 2019.
2 Commencement
This Policy commences on 1 February 2020 and is required to be published on the
NSW legislation website.
3 Repeal of Policy
|
4 Repeals
The following State environmental planning policies are repealed—
| (a) | State Environmental Planning Policy No 1—Development Standards, |
| (b) | State Environmental Planning Policy (Miscellaneous Consent Provisions) 2007. |
State Environmental Planning Policy Amendment (Repeal of Operational SEPPs) 2019 [NSW]
Schedule 1 Amendments consequent on repeal of State Environmental Planning Policy No 1—
Development Standards
| Schedule 1 | Amendments consequent on repeal of State Environmental Planning Policy No 1— Development Standards |
| 1.1 | Ballina Local Environmental Plan 1987 | |
| Clause 39 | ||
| Insert after clause 38— | ||
|
| (1) | The objectives of this clause are as follows— | |||
| ||||
| (2) | Development consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this clause does not apply to a development standard that is expressly excluded from the operation of this clause. | |||
| (3) | Development consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating— | |||
| ||||
| (4) | Development consent must not be granted for development that contravenes a development standard unless— | |||
|
(i) the applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3), and
(ii) the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out, and
| (b) | the concurrence of the Planning Secretary has been obtained. |
| (5) | In deciding whether to grant concurrence, the Planning Secretary must consider— | |||||
| ||||||
| (6) | Development consent must not be granted under this clause for a subdivision of land in Zone No 1 (a1) Rural (Plateau Lands Agriculture) Zone, Zone No 1 (a2) Rural (Coastal Lands Agriculture) Zone, Zone No 1 (b) Rural |
State Environmental Planning Policy Amendment (Repeal of Operational SEPPs) 2019 [NSW]
Schedule 1 Amendments consequent on repeal of State Environmental Planning Policy No 1—
Development Standards
(Secondary Agricultural Land) Zone, Zone No 1 (d) Rural (Urban Investigation) Zone, Zone No 1 (e) Rural (Extractive and Mineral Resources) Zone, Zone No 7 (a) Environmental Protection (Wetlands) Zone, Zone No 7 (c) Environmental Protection (Water Catchment) Zone, Zone No 7 (d) Environmental Protection (Scenic/Escarpment) Zone, Zone No 7 (d1) Environmental Protection (Newrybar Scenic/Escarpment) Zone, Zone No 7 (f) Environmental Protection (Coastal Lands) Zone, Zone No 7 (i) Environmental Protection (Urban Buffer) Zone or Zone No 7 (l) Environmental Protection (Habitat) Zone if—
| (a) | the subdivision will result in 2 or more lots of less than the minimum area specified for such lots by a development standard, or |
| (b) | the subdivision will result in at least one lot that is less than 90% of the minimum area specified for such a lot by a development standard. |
| (7) | After determining a development application made pursuant to this clause, the consent authority must keep a record of its assessment of the factors required to be addressed in the applicant’s written request referred to in subclause (3). | |||
| (8) | This clause does not allow development consent to be granted for development that would contravene any of the following— | |||
|
Sustainability Index: BASIX) 2004 applies or for the land on which such
a building is situated.
| 1.2 | Bega Valley Local Environmental Plan 2002 | |
| Clause 65A | ||
| Insert after clause 65— | ||
|
| (1) | The objectives of this clause are as follows— | |||
| ||||
| (2) | Development consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this clause does not apply to a development standard that is expressly excluded from the operation of this clause. | |||
| (3) | Development consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating— | |||
|
State Environmental Planning Policy Amendment (Repeal of Operational SEPPs) 2019 [NSW]
Schedule 1 Amendments consequent on repeal of State Environmental Planning Policy No 1—
Development Standards
| (4) | Development consent must not be granted for development that contravenes a development standard unless— | |
|
(i) the applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3), and
(ii) the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out, and
| (b) | the concurrence of the Planning Secretary has been obtained. |
| (5) | In deciding whether to grant concurrence, the Planning Secretary must consider— | |||||
| ||||||
| (6) | Development consent must not be granted under this clause for a subdivision of land in Zone 1 (a) (Rural General Zone), Zone 1 (c) (Rural Small Holdings Zone), Zone 1 (f) (Rural Forestry Zone), Zone 7 (b) (Environment Protection Foreshore Zone), Zone 7 (d) (Environment Protection General Zone), Zone 7 (f1) (Coastal Lands Protection Zone) or Zone 7 (f2) (Coastal Lands Acquisition Zone) if— | |||||
| ||||||
| (7) | After determining a development application made pursuant to this clause, the consent authority must keep a record of its assessment of the factors required to be addressed in the applicant’s written request referred to in subclause (3). | |||||
| (8) | This clause does not allow development consent to be granted for development that would contravene any of the following— | |||||
|
Sustainability Index: BASIX) 2004 applies or for the land on which such
a building is situated.
| 1.3 | Blue Mountains Local Environmental Plan 1991 | |
| Clause 37 | ||
| Insert after clause 36— | ||
|
| (1) | The objectives of this clause are as follows— | |
|
State Environmental Planning Policy Amendment (Repeal of Operational SEPPs) 2019 [NSW]
Schedule 1 Amendments consequent on repeal of State Environmental Planning Policy No 1—
Development Standards
| (b) | to achieve better outcomes for and from development by allowing flexibility in particular circumstances. |
| (2) | Development consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this clause does not apply to a development standard that is expressly excluded from the operation of this clause. | |||
| (3) | Development consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating— | |||
| ||||
| (4) | Development consent must not be granted for development that contravenes a development standard unless— | |||
|
(i) the applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3), and
(ii) the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out, and
| (b) | the concurrence of the Planning Secretary has been obtained. |
| (5) | In deciding whether to grant concurrence, the Planning Secretary must consider— | |||||
| ||||||
| (6) | Development consent must not be granted under this clause for a subdivision of land in Zone: Rural Conservation (RC), Zone: Bushland Conservation (BC), Zone: Residential Bushland Conservation (RES-BC), Zone: Residential Investigation (RES-I), Zone: Recreation—Environmental Protection (REC-EP), Zone: Environmental Protection (EP) or Zone: Environmental Protection—Acquisition (EPac) if— | |||||
| ||||||
| Note. Land in Zone: Rural Conservation (RC) includes land in Berambing, Mount | ||||||
| Irvine, Mount Wilson, Mount Tomah, Shipley Plateau, Sun Valley and Megalong Valley. | ||||||
| (7) | After determining a development application made pursuant to this clause, the consent authority must keep a record of its assessment of the factors required to be addressed in the applicant’s written request referred to in subclause (3). | |||||
| (8) | This clause does not allow development consent to be granted for development that would contravene any of the following— |
State Environmental Planning Policy Amendment (Repeal of Operational SEPPs) 2019 [NSW]
Schedule 1 Amendments consequent on repeal of State Environmental Planning Policy No 1—
Development Standards
| (a) | a development standard for complying development, |
| (b) | a development standard that arises, under the regulations under the Act, in connection with a commitment set out in a BASIX certificate for a building to which State Environmental Planning Policy (Building |
Sustainability Index: BASIX) 2004 applies or for the land on which such
a building is situated.
| 1.4 | Blue Mountains Local Environmental Plan 2005 | |
| [1] | Clause 3 Relationship to other environmental planning instruments | |
| Omit clause 3(3). | ||
| [2] | Clause 9A | |
| Insert after clause 9— | ||
|
| (1) | The objectives of this clause are as follows— | |||
| ||||
| (2) | Development consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this clause does not apply to a development standard that is expressly excluded from the operation of this clause. | |||
| (3) | Development consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating— | |||
| ||||
| (4) | Development consent must not be granted for development that contravenes a development standard unless— | |||
|
(i) the applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3), and
(ii) the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out, and
| (b) | the concurrence of the Planning Secretary has been obtained. |
| (5) | In deciding whether to grant concurrence, the Planning Secretary must consider— | |||
|
State Environmental Planning Policy Amendment (Repeal of Operational SEPPs) 2019 [NSW]
Schedule 1 Amendments consequent on repeal of State Environmental Planning Policy No 1—
Development Standards
| (c) | any other matters required to be taken into consideration by the Planning Secretary before granting concurrence. |
| (6) | Development consent must not be granted under this clause for a subdivision of land in the Environmental Protection—Private zone, Environmental Protection—Open Space zone or Living—Bushland Conservation zone if— | |||
| ||||
| (7) | After determining a development application made pursuant to this clause, the consent authority must keep a record of its assessment of the factors required to be addressed in the applicant’s written request referred to in subclause (3). | |||
| (8) | This clause does not allow development consent to be granted for development that would contravene any of the following— | |||
|
Sustainability Index: BASIX) 2004 applies or for the land on which such
a building is situated,
| (c) | clause 90(9) (which relates to the area of a development space within the Living—Bushland Conservation zone), |
| (d) | the provisions of Schedule 1 that relate to “site coverage” or “development density” and apply to development of land within the Village—Housing zone. |
| 1.5 | Blue Mountains Local Environmental Plan No 4 |
| [1] | Clause 6 Interpretation |
| Insert after clause 6(4)— |
| (5) | Notes included in this plan do not form part of this plan. |
[2] Clause 8A
Insert after clause 8—
|
| (1) | The objectives of this clause are as follows— | |||
| ||||
| (2) | Development consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this clause does not apply to a development standard that is expressly excluded from the operation of this clause. | |||
| (3) | Development consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written |
State Environmental Planning Policy Amendment (Repeal of Operational SEPPs) 2019 [NSW]
Schedule 1 Amendments consequent on repeal of State Environmental Planning Policy No 1—
Development Standards
request from the applicant that seeks to justify the contravention of the
development standard by demonstrating—
| (a) | that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and |
| (b) | that there are sufficient environmental planning grounds to justify contravening the development standard. |
| (4) | Development consent must not be granted for development that contravenes a development standard unless— | |
|
(i) the applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3), and
(ii) the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out, and
| (b) | the concurrence of the Planning Secretary has been obtained. |
| (5) | In deciding whether to grant concurrence, the Planning Secretary must consider— | |||||
| ||||||
| (6) | Development consent must not be granted under this clause for a subdivision of land in Zone 1 (a1) Rural “A1”, Zone 1 (a2) Rural “A2”, Zone 1 (a3) Rural “A3”, Zone 1 (b) Rural “B”, Zone 1 (c1) Rural “C1”, Zone 1 (c2) Rural “C2”, Zone 1 (c3) Rural “C3”, Zone 1 (d) Rural “D” or Zone 7 (e) Environment Protection if— | |||||
| ||||||
| (7) | After determining a development application made pursuant to this clause, the consent authority must keep a record of its assessment of the factors required to be addressed in the applicant’s written request referred to in subclause (3). | |||||
| (8) | This clause does not allow development consent to be granted for development that would contravene any of the following— | |||||
|
Sustainability Index: BASIX) 2004 applies or for the land on which such
a building is situated.
| 1.6 | Botany Local Environmental Plan 1995 |
| Clause 30B | |
| Insert after clause 30A— |
State Environmental Planning Policy Amendment (Repeal of Operational SEPPs) 2019 [NSW]
Schedule 1 Amendments consequent on repeal of State Environmental Planning Policy No 1—
Development Standards
| 30B | Exceptions to development standards | |
|
| (a) | to provide an appropriate degree of flexibility in applying certain development standards to particular development, |
| (b) | to achieve better outcomes for and from development by allowing flexibility in particular circumstances. |
| (2) | Development consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this clause does not apply to a development standard that is expressly excluded from the operation of this clause. | |||
| (3) | Development consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating— | |||
| ||||
| (4) | Development consent must not be granted for development that contravenes a development standard unless— | |||
|
(i) the applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3), and
(ii) the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out, and
| (b) | the concurrence of the Planning Secretary has been obtained. |
| (5) | In deciding whether to grant concurrence, the Planning Secretary must consider— | |||||
| ||||||
| (6) | After determining a development application made pursuant to this clause, the consent authority must keep a record of its assessment of the factors required to be addressed in the applicant’s written request referred to in subclause (3). | |||||
| (7) | This clause does not allow development consent to be granted for development that would contravene any of the following— | |||||
|
Sustainability Index: BASIX) 2004 applies or for the land on which such
a building is situated.
State Environmental Planning Policy Amendment (Repeal of Operational SEPPs) 2019 [NSW]
Schedule 1 Amendments consequent on repeal of State Environmental Planning Policy No 1—
Development Standards
| 1.7 | Byron Local Environmental Plan 1988 |
| [1] | Clause 5 Definitions |
| Insert after clause 5(2)— |
| (3) | Notes included in this plan do not form part of this plan. |
[2] Clause 64A
Insert after clause 64—
|
| (1) | The objectives of this clause are as follows— | |||
| ||||
| (2) | Development consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this clause does not apply to a development standard that is expressly excluded from the operation of this clause. | |||
| (3) | Development consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating— | |||
| ||||
| (4) | Development consent must not be granted for development that contravenes a development standard unless— | |||
|
(i) the applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3), and
(ii) the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out, and
| (b) | the concurrence of the Planning Secretary has been obtained. |
| (5) | In deciding whether to grant concurrence, the Planning Secretary must consider— | |||||
| ||||||
| (6) | Development consent must not be granted under this clause for a subdivision of land in Zone No 1 (a)—(General Rural Zone), Zone No 1 (b1)— (Agricultural Protection (b1) Zone), Zone No 1 (b2)—(Agricultural |
State Environmental Planning Policy Amendment (Repeal of Operational SEPPs) 2019 [NSW]
Schedule 1 Amendments consequent on repeal of State Environmental Planning Policy No 1—
Development Standards
Protection (b2) Zone), Zone No 1 (c1)—(Small Holdings (c1) Zone), Zone No 1 (c2)—(Small Holdings (c2) Zone), Zone No 1 (d)—(Investigation Zone), Zone No 1 (e)—(Extractive Resources Zone), Zone No 1 (f)— (Forestry Zone) or Zone No 7 (k)—(Habitat Zone) if—
| (a) | the subdivision will result in 2 or more lots of less than the minimum area specified for such lots by a development standard, or |
| (b) | the subdivision will result in at least one lot that is less than 90% of the minimum area specified for such a lot by a development standard. |
| (7) | After determining a development application made pursuant to this clause, the consent authority must keep a record of its assessment of the factors required to be addressed in the applicant’s written request referred to in subclause (3). | |||
| (8) | This clause does not allow development consent to be granted for development that would contravene any of the following— | |||
|
Sustainability Index: BASIX) 2004 applies or for the land on which such
a building is situated,
| (c) | Part 4. |
[3] Clause 70 Relationship with this Part and other environmental planning instruments
Omit clause 70(a).
| 1.8 | Campbelltown Local Environmental Plan—District 8 (Central Hills Lands) |
| [1] | Clause 5 Interpretation |
| Insert after clause 5(2)— |
| (3) | Notes included in this plan do not form part of this plan. |
[2] Clause 26
Insert after clause 25—
|
| (1) | The objectives of this clause are as follows— | |||
| ||||
| (2) | Development consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this clause does not apply to a development standard that is expressly excluded from the operation of this clause. | |||
| (3) | Development consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating— |
State Environmental Planning Policy Amendment (Repeal of Operational SEPPs) 2019 [NSW]
Schedule 1 Amendments consequent on repeal of State Environmental Planning Policy No 1—
Development Standards
| (a) | that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and |
| (b) | that there are sufficient environmental planning grounds to justify contravening the development standard. |
| (4) | Development consent must not be granted for development that contravenes a development standard unless— | |
|
(i) the applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3), and
(ii) the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out, and
| (b) | the concurrence of the Planning Secretary has been obtained. |
| (5) | In deciding whether to grant concurrence, the Planning Secretary must consider— | |||||
| ||||||
| (6) | Development consent must not be granted under this clause for a subdivision of land in Zone No 7 (d1) (Environmental Protection (Scenic)) if— | |||||
| ||||||
| (7) | After determining a development application made pursuant to this clause, the consent authority must keep a record of its assessment of the factors required to be addressed in the applicant’s written request referred to in subclause (3). | |||||
| (8) | This clause does not allow development consent to be granted for development that would contravene any of the following— | |||||
|
Sustainability Index: BASIX) 2004 applies or for the land on which such
a building is situated.
| 1.9 | Campbelltown (Urban Area) Local Environmental Plan 2002 |
| [1] | Clauses 42H(3), 51H(4) and 51I(6) |
| Omit the subclauses. | |
| [2] | Clause 67 |
| Insert after clause 66— |
State Environmental Planning Policy Amendment (Repeal of Operational SEPPs) 2019 [NSW]
Schedule 1 Amendments consequent on repeal of State Environmental Planning Policy No 1—
Development Standards
67 Exceptions to development standards
|
| (a) | to provide an appropriate degree of flexibility in applying certain development standards to particular development, |
| (b) | to achieve better outcomes for and from development by allowing flexibility in particular circumstances. |
| (2) | Development consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this clause does not apply to a development standard that is expressly excluded from the operation of this clause. | |||
| (3) | Development consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating— | |||
| ||||
| (4) | Development consent must not be granted for development that contravenes a development standard unless— | |||
|
(i) the applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3), and
(ii) the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out, and
| (b) | the concurrence of the Planning Secretary has been obtained. |
| (5) | In deciding whether to grant concurrence, the Planning Secretary must consider— | |||||
| ||||||
| (6) | Development consent must not be granted under this clause for a subdivision of land in Zone 1 (a)—Rural A Zone, Zone 1 (d)—Rural Future Urban Zone, Zone 7 (d1)—Environmental Protection 100 hectares Minimum Zone, Zone 7 (d4)—Environmental Protection 2 hectares Minimum Zone, Zone 7 (d5)—Environmental Protection 1 hectare Minimum Zone or Zone 7 (d6)—Environmental Protection 0.4 hectare Minimum Zone if— | |||||
|
State Environmental Planning Policy Amendment (Repeal of Operational SEPPs) 2019 [NSW]
Schedule 1 Amendments consequent on repeal of State Environmental Planning Policy No 1—
Development Standards
| (7) | After determining a development application made pursuant to this clause, the consent authority must keep a record of its assessment of the factors required to be addressed in the applicant’s written request referred to in subclause (3). | |||
| (8) | This clause does not allow development consent to be granted for development that would contravene any of the following— | |||
|
Sustainability Index: BASIX) 2004 applies or for the land on which such
a building is situated,
| (c) | clauses 42H, 51H and 51I. |
1.10 Coffs Harbour City Local Environmental Plan 2000
Clause 17A
Insert after clause 17—
| 17A | Exceptions to development standards | |
|
| (a) | to provide an appropriate degree of flexibility in applying certain development standards to particular development, |
| (b) | to achieve better outcomes for and from development by allowing flexibility in particular circumstances. |
| (2) | Development consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this clause does not apply to a development standard that is expressly excluded from the operation of this clause. | |||
| (3) | Development consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating— | |||
| ||||
| (4) | Development consent must not be granted for development that contravenes a development standard unless— | |||
|
(i) the applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3), and
(ii) the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out, and
| (b) | the concurrence of the Planning Secretary has been obtained. |
| (5) | In deciding whether to grant concurrence, the Planning Secretary must consider— |
State Environmental Planning Policy Amendment (Repeal of Operational SEPPs) 2019 [NSW]
Schedule 1 Amendments consequent on repeal of State Environmental Planning Policy No 1—
Development Standards
| (a) | whether contravention of the development standard raises any matter of significance for State or regional environmental planning, and |
| (b) | the public benefit of maintaining the development standard, and |
| (c) | any other matters required to be taken into consideration by the Planning Secretary before granting concurrence. |
| (6) | Development consent must not be granted under this clause for a subdivision of land in Rural 1A Agriculture Zone (Zone 1A), Rural 1B Living Zone (Zone 1B), Environmental Protection 7A Habitat and Catchment Zone (Zone 7A), Environmental Protection 7B Scenic Buffer Zone (Zone 7B) or Environmental Protection 7C Coastal Zone (Zone 7C) if— | |||
| ||||
| (7) | After determining a development application made pursuant to this clause, the consent authority must keep a record of its assessment of the factors required to be addressed in the applicant’s written request referred to in subclause (3). | |||
| (8) | This clause does not allow development consent to be granted for development that would contravene any of the following— | |||
|
Sustainability Index: BASIX) 2004 applies or for the land on which such
a building is situated.
1.11 Deniliquin Local Environmental Plan 1997
[1] Clause 5 Definitions
Insert after clause 5(3)—
| (4) | Notes included in this plan do not form part of this plan. |
[2] Clause 37
Insert after clause 36—
|
| (1) | The objectives of this clause are as follows— | |||
| ||||
| (2) | Development consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this clause does not apply to a development standard that is expressly excluded from the operation of this clause. | |||
| (3) | Development consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written |
State Environmental Planning Policy Amendment (Repeal of Operational SEPPs) 2019 [NSW]
Schedule 1 Amendments consequent on repeal of State Environmental Planning Policy No 1—
Development Standards
request from the applicant that seeks to justify the contravention of the
development standard by demonstrating—
| (a) | that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and |
| (b) | that there are sufficient environmental planning grounds to justify contravening the development standard. |
| (4) | Development consent must not be granted for development that contravenes a development standard unless— | |
|
(i) the applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3), and
(ii) the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out, and
| (b) | the concurrence of the Planning Secretary has been obtained. |
| (5) | In deciding whether to grant concurrence, the Planning Secretary must consider— | |||||
| ||||||
| (6) | Development consent must not be granted under this clause for a subdivision of land in Zone No 1 (a) (General Rural Zone), Zone No 1 (c) (Rural Small Holdings Zone) or Zone No 1 (f) (Rural (Forests) Zone) if— | |||||
| ||||||
| (7) | After determining a development application made pursuant to this clause, the consent authority must keep a record of its assessment of the factors required to be addressed in the applicant’s written request referred to in subclause (3). | |||||
| (8) | This clause does not allow development consent to be granted for development that would contravene any of the following— | |||||
|
Sustainability Index: BASIX) 2004 applies or for the land on which such
a building is situated.
1.12 Fairfield Local Environmental Plan 1994
Clause 20D
Insert after clause 20C—
State Environmental Planning Policy Amendment (Repeal of Operational SEPPs) 2019 [NSW]
Schedule 1 Amendments consequent on repeal of State Environmental Planning Policy No 1—
Development Standards
| 20D | Exceptions to development standards | |
|
| (a) | to provide an appropriate degree of flexibility in applying certain development standards to particular development, |
| (b) | to achieve better outcomes for and from development by allowing flexibility in particular circumstances. |
| (2) | Development consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this clause does not apply to a development standard that is expressly excluded from the operation of this clause. | |||
| (3) | Development consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating— | |||
| ||||
| (4) | Development consent must not be granted for development that contravenes a development standard unless— | |||
|
(i) the applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3), and
(ii) the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out, and
| (b) | the concurrence of the Planning Secretary has been obtained. |
| (5) | In deciding whether to grant concurrence, the Planning Secretary must consider— | |||||
| ||||||
| (6) | Development consent must not be granted under this clause for a subdivision of land in Zone 1 (a) Non Urban—Residential, Zone 1 (b) Non Urban— Extractive Industry or Zone 1 (v) Non Urban—Village if— | |||||
| ||||||
| (7) | After determining a development application made pursuant to this clause, the consent authority must keep a record of its assessment of the factors required to be addressed in the applicant’s written request referred to in subclause (3). |
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| (8) | This clause does not allow development consent to be granted for development that would contravene any of the following— | |||
|
Sustainability Index: BASIX) 2004 applies or for the land on which such
a building is situated.
1.13 Forbes Local Environmental Plan 1986
Clause 9B
Insert after clause 9A—
| 9B | Exceptions to development standards | |
|
| (a) | to provide an appropriate degree of flexibility in applying certain development standards to particular development, |
| (b) | to achieve better outcomes for and from development by allowing flexibility in particular circumstances. |
| (2) | Development consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this clause does not apply to a development standard that is expressly excluded from the operation of this clause. | |||
| (3) | Development consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating— | |||
| ||||
| (4) | Development consent must not be granted for development that contravenes a development standard unless— | |||
|
(i) the applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3), and
(ii) the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out, and
| (b) | the concurrence of the Planning Secretary has been obtained. |
| (5) | In deciding whether to grant concurrence, the Planning Secretary must consider— | |||
|
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| (c) | any other matters required to be taken into consideration by the Planning Secretary before granting concurrence. |
| (6) | Development consent must not be granted under this clause for a subdivision of land in Zone No 1 (a) (Rural Zone), Zone No 1 (c) (Rural Residential Zone) or Zone No 7 (Environment Protection (Floodway) Zone) if— | |||
| ||||
| (7) | After determining a development application made pursuant to this clause, the consent authority must keep a record of its assessment of the factors required to be addressed in the applicant’s written request referred to in subclause (3). | |||
| (8) | This clause does not allow development consent to be granted for development that would contravene any of the following— | |||
|
Sustainability Index: BASIX) 2004 applies or for the land on which such
a building is situated.
1.14 Hurstville Local Environmental Plan 1994
[1] Clause 5 Interpretation
Insert after clause 5(2)—
| (3) | Notes included in this plan do not form part of this plan. |
[2] Clause 9B
Insert after clause 9A—
|
| (1) | The objectives of this clause are as follows— | |||
| ||||
| (2) | Development consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this clause does not apply to a development standard that is expressly excluded from the operation of this clause. | |||
| (3) | Development consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating— | |||
|
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| (4) | Development consent must not be granted for development that contravenes a development standard unless— | |
|
(i) the applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3), and
(ii) the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out, and
| (b) | the concurrence of the Planning Secretary has been obtained. |
| (5) | In deciding whether to grant concurrence, the Planning Secretary must consider— | |||||
| ||||||
| (6) | After determining a development application made pursuant to this clause, the consent authority must keep a record of its assessment of the factors required to be addressed in the applicant’s written request referred to in subclause (3). | |||||
| (7) | This clause does not allow development consent to be granted for development that would contravene any of the following— | |||||
|
Sustainability Index: BASIX) 2004 applies or for the land on which such
a building is situated,
| (c) | clause 15A. |
1.15 Lake Macquarie Local Environmental Plan 2004
Clause 21
Omit the clause. Insert instead—
21 Exceptions to development standards
|
| (a) | to provide an appropriate degree of flexibility in applying certain development standards to particular development, |
| (b) | to achieve better outcomes for and from development by allowing flexibility in particular circumstances. |
| (2) | Development consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this clause does not apply to a development standard that is expressly excluded from the operation of this clause. |
| (3) | Development consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written |
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request from the applicant that seeks to justify the contravention of the
development standard by demonstrating—
| (a) | that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and |
| (b) | that there are sufficient environmental planning grounds to justify contravening the development standard. |
| (4) | Development consent must not be granted for development that contravenes a development standard unless— | |
|
(i) the applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3), and
(ii) the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out, and
| (b) | the concurrence of the Planning Secretary has been obtained. |
| (5) | In deciding whether to grant concurrence, the Planning Secretary must consider— | |||||
| ||||||
| (6) | Development consent must not be granted under this clause for a subdivision of land in Zone 1 (1) Rural (Production) Zone and Zone 1 (2) Rural (Living) Zone if— | |||||
| ||||||
| (7) | After determining a development application made pursuant to this clause, the consent authority must keep a record of its assessment of the factors required to be addressed in the applicant’s written request referred to in subclause (3). | |||||
| (8) | This clause does not allow development consent to be granted for development that would contravene any of the following— | |||||
|
Sustainability Index: BASIX) 2004 applies or for the land on which such
a building is situated.
| (9) | The consent authority, in considering a written request, is to consider the following, to the extent that they are relevant to the proposed development— | |||||||
|
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| (e) | privacy, |
| (f) | overshadowing, |
| (g) | security, safety and access, |
| (h) | local infrastructure, |
(i) landscape design,
| (j) | waste disposal. |
1.16 Leichhardt Local Environmental Plan 2000
Clause 40
Insert after clause 39—
40 Exceptions to development standards
|
| (a) | to provide an appropriate degree of flexibility in applying certain development standards to particular development, |
| (b) | to achieve better outcomes for and from development by allowing flexibility in particular circumstances. |
| (2) | Development consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this clause does not apply to a development standard that is expressly excluded from the operation of this clause. | |||
| (3) | Development consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating— | |||
| ||||
| (4) | Development consent must not be granted for development that contravenes a development standard unless— | |||
|
(i) the applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3), and
(ii) the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out, and
| (b) | the concurrence of the Planning Secretary has been obtained. |
| (5) | In deciding whether to grant concurrence, the Planning Secretary must consider— | |||
|
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| (c) | any other matters required to be taken into consideration by the Planning Secretary before granting concurrence. |
| (6) | After determining a development application made pursuant to this clause, the consent authority must keep a record of its assessment of the factors required to be addressed in the applicant’s written request referred to in subclause (3). | |||
| (7) | This clause does not allow development consent to be granted for development that would contravene any of the following— | |||
|
Sustainability Index: BASIX) 2004 applies or for the land on which such
a building is situated.
1.17 Lismore Local Environmental Plan 2000
Clause 28C
Insert after clause 28B—
| 28C | Exceptions to development standards | |
|
| (a) | to provide an appropriate degree of flexibility in applying certain development standards to particular development, |
| (b) | to achieve better outcomes for and from development by allowing flexibility in particular circumstances. |
| (2) | Development consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this clause does not apply to a development standard that is expressly excluded from the operation of this clause. | |||
| (3) | Development consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating— | |||
| ||||
| (4) | Development consent must not be granted for development that contravenes a development standard unless— | |||
|
(i) the applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3), and
(ii) the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out, and
| (b) | the concurrence of the Planning Secretary has been obtained. |
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| (5) | In deciding whether to grant concurrence, the Planning Secretary must consider— | |||||
| ||||||
| (6) | Development consent must not be granted under this clause for a subdivision of land in Zone No 1 (a) (General Rural Zone), Zone No 1 (b) (Agricultural Zone), Zone No 1 (c) (Rural Residential Zone), Zone No 1 (d) (Investigation Zone), Zone No 1 (f) (Forestry Zone), Zone No 1 (r) (Riverlands Zone), Zone No 7 (a) (Environment Protection (Natural Vegetation and Wetlands) Zone), Zone No 7 (b) (Environment Protection (Habitat) Zone) or Zone No 8 (National Parks and Nature Reserves Zone) if— | |||||
| ||||||
| (7) | After determining a development application made pursuant to this clause, the consent authority must keep a record of its assessment of the factors required to be addressed in the applicant’s written request referred to in subclause (3). | |||||
| (8) | This clause does not allow development consent to be granted for development that would contravene any of the following— | |||||
|
Sustainability Index: BASIX) 2004 applies or for the land on which such
a building is situated.
1.18 Lithgow City Local Environmental Plan 1994
Clause 38B
Insert after clause 38A—
| 38B | Exceptions to development standards | |
|
| (a) | to provide an appropriate degree of flexibility in applying certain development standards to particular development, |
| (b) | to achieve better outcomes for and from development by allowing flexibility in particular circumstances. |
| (2) | Development consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this clause does not apply to a development standard that is expressly excluded from the operation of this clause. |
| (3) | Development consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written |
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request from the applicant that seeks to justify the contravention of the
development standard by demonstrating—
| (a) | that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and |
| (b) | that there are sufficient environmental planning grounds to justify contravening the development standard. |
| (4) | Development consent must not be granted for development that contravenes a development standard unless— | |
|
(i) the applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3), and
(ii) the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out, and
| (b) | the concurrence of the Planning Secretary has been obtained. |
| (5) | In deciding whether to grant concurrence, the Planning Secretary must consider— | |||||
| ||||||
| (6) | Development consent must not be granted under this clause for a subdivision of land in Zone No 1 (a)—Rural (General), Zone No 1 (c)—Rural (Small holdings), Zone No 1 (d)—Rural (Future urban), Zone No 1 (e)—Outer Rural or Zone No 1 (f)—Rural (Forestry) if— | |||||
| ||||||
| (7) | After determining a development application made pursuant to this clause, the consent authority must keep a record of its assessment of the factors required to be addressed in the applicant’s written request referred to in subclause (3). | |||||
| (8) | This clause does not allow development consent to be granted for development that would contravene any of the following— | |||||
|
Sustainability Index: BASIX) 2004 applies or for the land on which such
a building is situated.
1.19 Penrith Local Environmental Plan No 201 (Rural Lands)
[1] Clause 5 Interpretation
Insert after clause 5(2)—
| (3) | Notes included in this plan do not form part of this plan. |
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[2] Clause 22
Insert after clause 21—
|
| (1) | The objectives of this clause are as follows— | |||
| ||||
| (2) | Development consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this clause does not apply to a development standard that is expressly excluded from the operation of this clause. | |||
| (3) | Development consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating— | |||
| ||||
| (4) | Development consent must not be granted for development that contravenes a development standard unless— | |||
|
(i) the applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3), and
(ii) the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out, and
| (b) | the concurrence of the Planning Secretary has been obtained. |
| (5) | In deciding whether to grant concurrence, the Planning Secretary must consider— | |||||
| ||||||
| (6) | Development consent must not be granted under this clause for a subdivision of land in Zone No 1 (a) (Rural “A” Zone—General), Zone No 1 (b) (Rural “B” Zone—Smallholdings), Zone No 1 (c) (Rural “C” Zone— Rural/Residential) or Zone No 7 (Environment/Scenic Protection Zone) if— | |||||
|
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| (7) | After determining a development application made pursuant to this clause, the consent authority must keep a record of its assessment of the factors required to be addressed in the applicant’s written request referred to in subclause (3). | |||
| (8) | This clause does not allow development consent to be granted for development that would contravene any of the following— | |||
|
Sustainability Index: BASIX) 2004 applies or for the land on which such
a building is situated.
1.20 Penrith Local Environmental Plan 1998 (Urban Land)
[1] Clause 4 Interpretation
Insert after clause 4(3)—
| (4) | Notes included in this plan do not form part of this plan. |
[2] Clause 39
Insert after clause 38—
|
| (1) | The objectives of this clause are as follows— | |||
| ||||
| (2) | Development consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this clause does not apply to a development standard that is expressly excluded from the operation of this clause. | |||
| (3) | Development consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating— | |||
| ||||
| (4) | Development consent must not be granted for development that contravenes a development standard unless— | |||
|
(i) the applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3), and
(ii) the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out, and
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| (b) | the concurrence of the Planning Secretary has been obtained. |
| (5) | In deciding whether to grant concurrence, the Planning Secretary must consider— | |||||
| ||||||
| (6) | Development consent must not be granted under this clause for a subdivision of land in Zone No 2 (r) Rural-Residential (1 Dwelling/Hectare) or Zone No 2 (r1) Rural-Residential if— | |||||
| ||||||
| (7) | After determining a development application made pursuant to this clause, the consent authority must keep a record of its assessment of the factors required to be addressed in the applicant’s written request referred to in subclause (3). | |||||
| (8) | This clause does not allow development consent to be granted for development that would contravene any of the following— | |||||
|
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| (a) | the temporary use will not prejudice the subsequent carrying out of development on the land in accordance with this Policy and any other applicable environmental planning instrument, and |
| (b) | the temporary use will not adversely impact on any adjoining land or the amenity of the neighbourhood, and |
| (c) | the temporary use and location of any structures related to the use will not adversely impact on environmental attributes or features of the land, or increase the risk of natural hazards that may affect the land, and |
| (d) | at the end of the temporary use period the land will, as far as is practicable, be restored to the condition in which it was before the commencement of the use. |
| (4) | Despite subclause (2), the temporary use of a dwelling as a sales office for a new release area or a new housing estate may exceed the maximum number of days specified in that subclause. |
| (5) | Subclause (3)(d) does not apply to the temporary use of a dwelling as a sales office mentioned in subclause (4). |
[22] Schedule 3, Part 26, clause 16A
Insert after clause 16—
|
| (1) | This clause applies to a fire alarm system that can be monitored by Fire and Rescue NSW or by a private service provider. | |||||
| (2) | The following development may be carried out, but only with development consent— | |||||
| ||||||
| (3) | Development to which subclause (2) applies is complying development if it consists only of— | |||||
| ||||||
| (4) | A complying development certificate for any such complying development is subject to a condition that any building work may only be carried out between 7.00 am and 6.00 pm on Monday to Friday and between 7.00 am and 5.00 pm on Saturday, and must not be carried out on a Sunday or a public holiday. | |||||
| (5) | In this clause— | |||||
| private service provider means a person or body that has entered into an | ||||||
| agreement that is in force with Fire and Rescue NSW to monitor fire alarm systems. |
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[23] Schedule 3, Part 28, clause 17A
Insert after clause 17—
|
The demolition of a building or work may be carried out only with development consent.
Note. If the demolition of a building or work is identified in an applicable environmental
planning instrument, such as this Policy or State Environmental Planning Policy
(Exempt and Complying Development Codes) 2008, as exempt development, the Act
enables it to be carried out without development consent.
[24] Schedule 3, Part 31, clause 32A
Insert after clause 32—
|
| (1) | This clause applies to a fire alarm system that can be monitored by Fire and Rescue NSW or by a private service provider. | |||||
| (2) | The following development may be carried out, but only with development consent— | |||||
| ||||||
| (3) | Development to which subclause (2) applies is complying development if it consists only of— | |||||
| ||||||
| (4) | A complying development certificate for any such complying development is subject to a condition that any building work may only be carried out between 7.00 am and 6.00 pm on Monday to Friday and between 7.00 am and 5.00 pm on Saturday, and must not be carried out on a Sunday or a public holiday. | |||||
| (5) | In this clause— | |||||
| private service provider means a person or body that has entered into an | ||||||
| agreement that is in force with Fire and Rescue NSW to monitor fire alarm systems. |
[25] Schedule 3, Part 33, clauses 17–20
Insert after clause 16—
|
Land to which this Appendix applies may be subdivided, but only with development consent.
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Notes.
1 If a subdivision is specified as exempt development in an applicable environmental planning instrument, such as this Policy or State Environmental
Planning Policy (Exempt and Complying Development Codes) 2008, the Act
enables it to be carried out without development consent.
2 Part 6 of State Environmental Planning Policy (Exempt and Complying
Development Codes) 2008 provides that the strata subdivision of a building in
certain circumstances is complying development.
18 Demolition requires development consent
The demolition of a building or work may be carried out only with development consent.
Note. If the demolition of a building or work is identified in an applicable environmental
planning instrument, such as this Policy or State Environmental Planning Policy
(Exempt and Complying Development Codes) 2008, as exempt development, the Act
enables it to be carried out without development consent.
19 Temporary use of land
|
| (a) | the temporary use will not prejudice the subsequent carrying out of development on the land in accordance with this Policy and any other applicable environmental planning instrument, and |
| (b) | the temporary use will not adversely impact on any adjoining land or the amenity of the neighbourhood, and |
| (c) | the temporary use and location of any structures related to the use will not adversely impact on environmental attributes or features of the land, or increase the risk of natural hazards that may affect the land, and |
| (d) | at the end of the temporary use period the land will, as far as is practicable, be restored to the condition in which it was before the commencement of the use. |
| (4) | Despite subclause (2), the temporary use of a dwelling as a sales office for a new release area or a new housing estate may exceed the maximum number of days specified in that subclause. |
| (5) | Subclause (3)(d) does not apply to the temporary use of a dwelling as a sales office mentioned in subclause (4). |
20 Conversion of fire alarms
|
| (a) | converting a fire alarm system from connection with the alarm monitoring system of Fire and Rescue NSW to connection with the alarm monitoring system of a private service provider, |
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| (b) | converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with the alarm monitoring system of another private service provider, |
| (c) | converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with a different alarm monitoring system of the same private service provider. |
| (3) | Development to which subclause (2) applies is complying development if it consists only of— | |||
| ||||
| (4) | A complying development certificate for any such complying development is subject to a condition that any building work may only be carried out between 7.00 am and 6.00 pm on Monday to Friday and between 7.00 am and 5.00 pm on Saturday, and must not be carried out on a Sunday or a public holiday. | |||
| (5) | In this clause— | |||
| private service provider means a person or body that has entered into an | ||||
| agreement that is in force with Fire and Rescue NSW to monitor fire alarm systems. |
2.33 State Environmental Planning Policy (Three Ports) 2013
Clause 23B
Insert after clause 23A (as inserted by Schedule 1.33)—
| 23B | Conversion of fire alarms | |||
|
| (a) | converting a fire alarm system from connection with the alarm monitoring system of Fire and Rescue NSW to connection with the alarm monitoring system of a private service provider, |
| (b) | converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with the alarm monitoring system of another private service provider, |
| (c) | converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with a different alarm monitoring system of the same private service provider. |
| (3) | Development to which subclause (2) applies is complying development if it consists only of— | |||
|
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| (4) | A complying development certificate for any such complying development is subject to a condition that any building work may only be carried out between 7.00 am and 6.00 pm on Monday to Friday and between 7.00 am and 5.00 pm on Saturday, and must not be carried out on a Sunday or a public holiday. |
| (5) | In this clause— |
| private service provider means a person or body that has entered into an | |
| agreement that is in force with Fire and Rescue NSW to monitor fire alarm systems. |
2.34 State Environmental Planning Policy (Western Sydney Employment
Area) 2009
Clauses 15A–15C
Insert after clause 15—
| 15A | Demolition requires development consent |
The demolition of a building or work may be carried out only with development consent.
Note. If the demolition of a building or work is identified in an applicable environmental
planning instrument, such as this Policy or State Environmental Planning Policy
(Exempt and Complying Development Codes) 2008, as exempt development, the Act
enables it to be carried out without development consent.
| 15B | Temporary use of land | |||||
|
| (a) | the temporary use will not prejudice the subsequent carrying out of development on the land in accordance with this Policy and any other applicable environmental planning instrument, and |
| (b) | the temporary use will not adversely impact on any adjoining land or the amenity of the neighbourhood, and |
| (c) | the temporary use and location of any structures related to the use will not adversely impact on environmental attributes or features of the land, or increase the risk of natural hazards that may affect the land, and |
| (d) | at the end of the temporary use period the land will, as far as is practicable, be restored to the condition in which it was before the commencement of the use. |
| (4) | Despite subclause (2), the temporary use of a dwelling as a sales office for a new release area or a new housing estate may exceed the maximum number of days specified in that subclause. |
| (5) | Subclause (3)(d) does not apply to the temporary use of a dwelling as a sales office mentioned in subclause (4). |
State Environmental Planning Policy Amendment (Repeal of Operational SEPPs) 2019 [NSW]
Schedule 2 Amendments consequent on repeal of State Environmental Planning Policy (Miscellaneous
Consent Provisions) 2007
| 15C | Conversion of fire alarms | |||
|
| (a) | converting a fire alarm system from connection with the alarm monitoring system of Fire and Rescue NSW to connection with the alarm monitoring system of a private service provider, |
| (b) | converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with the alarm monitoring system of another private service provider, |
| (c) | converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with a different alarm monitoring system of the same private service provider. |
| (3) | Development to which subclause (2) applies is complying development if it consists only of— | |||
| ||||
| (4) | A complying development certificate for any such complying development is subject to a condition that any building work may only be carried out between 7.00 am and 6.00 pm on Monday to Friday and between 7.00 am and 5.00 pm on Saturday, and must not be carried out on a Sunday or a public holiday. | |||
| (5) | In this clause— | |||
| private service provider means a person or body that has entered into an | ||||
| agreement that is in force with Fire and Rescue NSW to monitor fire alarm systems. |
2.35 Sydney Local Environmental Plan 2005
Clauses 18A and 18B
Insert after clause 18—
| 18A | Temporary use of land | |||||
|
| (a) | the temporary use will not prejudice the subsequent carrying out of development on the land in accordance with this plan and any other applicable environmental planning instrument, and |
State Environmental Planning Policy Amendment (Repeal of Operational SEPPs) 2019 [NSW]
Schedule 2 Amendments consequent on repeal of State Environmental Planning Policy (Miscellaneous
Consent Provisions) 2007
| (b) | the temporary use will not adversely impact on any adjoining land or the amenity of the neighbourhood, and |
| (c) | the temporary use and location of any structures related to the use will not adversely impact on environmental attributes or features of the land, or increase the risk of natural hazards that may affect the land, and |
| (d) | at the end of the temporary use period the land will, as far as is practicable, be restored to the condition in which it was before the commencement of the use. |
| (4) | Despite subclause (2), the temporary use of a dwelling as a sales office for a new release area or a new housing estate may exceed the maximum number of days specified in that subclause. |
| (5) | Subclause (3)(d) does not apply to the temporary use of a dwelling as a sales office mentioned in subclause (4). |
| 18B | Conversion of fire alarms | |||
|
| (a) | converting a fire alarm system from connection with the alarm monitoring system of Fire and Rescue NSW to connection with the alarm monitoring system of a private service provider, |
| (b) | converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with the alarm monitoring system of another private service provider, |
| (c) | converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with a different alarm monitoring system of the same private service provider. |
| (3) | Development to which subclause (2) applies is complying development if it consists only of— | |||
| ||||
| (4) | A complying development certificate for any such complying development is subject to a condition that any building work may only be carried out between 7.00 am and 6.00 pm on Monday to Friday and between 7.00 am and 5.00 pm on Saturday, and must not be carried out on a Sunday or a public holiday. | |||
| (5) | In this clause— | |||
| private service provider means a person or body that has entered into an | ||||
| agreement that is in force with Fire and Rescue NSW to monitor fire alarm systems. |
2.36 Sydney Regional Environmental Plan No 16—Walsh Bay
Clause 12B
Insert after clause 12A (as inserted by Schedule 1.36)—
State Environmental Planning Policy Amendment (Repeal of Operational SEPPs) 2019 [NSW]
Schedule 2 Amendments consequent on repeal of State Environmental Planning Policy (Miscellaneous
Consent Provisions) 2007
| 12B | Conversion of fire alarms | |||
|
| (a) | converting a fire alarm system from connection with the alarm monitoring system of Fire and Rescue NSW to connection with the alarm monitoring system of a private service provider, |
| (b) | converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with the alarm monitoring system of another private service provider, |
| (c) | converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with a different alarm monitoring system of the same private service provider. |
| (3) | Development to which subclause (2) applies is complying development if it consists only of— | |||
| ||||
| (4) | A complying development certificate for any such complying development is subject to a condition that any building work may only be carried out between 7.00 am and 6.00 pm on Monday to Friday and between 7.00 am and 5.00 pm on Saturday, and must not be carried out on a Sunday or a public holiday. | |||
| (5) | In this clause— | |||
| private service provider means a person or body that has entered into an | ||||
| agreement that is in force with Fire and Rescue NSW to monitor fire alarm systems. |
2.37 Sydney Regional Environmental Plan No 26—City West
Part 3 Precincts
Insert at the end of Division 2, with appropriate clause numbering—
Subdivision—consent requirements
Land to which this plan applies may be subdivided, but only with development consent.
Notes.
1 If a subdivision is specified as exempt development in an applicable environmental planning instrument, such as this plan or State Environmental
Planning Policy (Exempt and Complying Development Codes) 2008, the Act
enables it to be carried out without development consent.
2 Part 6 of State Environmental Planning Policy (Exempt and Complying
Development Codes) 2008 provides that the strata subdivision of a building in
certain circumstances is complying development.
2.38 Sydney Regional Environmental Plan No 30—St Marys
Clauses 62A and 62B
Insert after clause 62—
State Environmental Planning Policy Amendment (Repeal of Operational SEPPs) 2019 [NSW]
Schedule 2 Amendments consequent on repeal of State Environmental Planning Policy (Miscellaneous
Consent Provisions) 2007
| 62A | Temporary use of land | |||||
|
| (a) | the temporary use will not prejudice the subsequent carrying out of development on the land in accordance with this plan and any other applicable environmental planning instrument, and |
| (b) | the temporary use will not adversely impact on any adjoining land or the amenity of the neighbourhood, and |
| (c) | the temporary use and location of any structures related to the use will not adversely impact on environmental attributes or features of the land, or increase the risk of natural hazards that may affect the land, and |
| (d) | at the end of the temporary use period the land will, as far as is practicable, be restored to the condition in which it was before the commencement of the use. |
| (4) | Despite subclause (2), the temporary use of a dwelling as a sales office for a new release area or a new housing estate may exceed the maximum number of days specified in that subclause. |
| (5) | Subclause (3)(d) does not apply to the temporary use of a dwelling as a sales office mentioned in subclause (4). |
| 62B | Conversion of fire alarms | |||
|
| (a) | converting a fire alarm system from connection with the alarm monitoring system of Fire and Rescue NSW to connection with the alarm monitoring system of a private service provider, |
| (b) | converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with the alarm monitoring system of another private service provider, |
| (c) | converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with a different alarm monitoring system of the same private service provider. |
| (3) | Development to which subclause (2) applies is complying development if it consists only of— | |||
|
State Environmental Planning Policy Amendment (Repeal of Operational SEPPs) 2019 [NSW]
Schedule 2 Amendments consequent on repeal of State Environmental Planning Policy (Miscellaneous
Consent Provisions) 2007
| (4) | A complying development certificate for any such complying development is subject to a condition that any building work may only be carried out between 7.00 am and 6.00 pm on Monday to Friday and between 7.00 am and 5.00 pm on Saturday, and must not be carried out on a Sunday or a public holiday. |
| (5) | In this clause— |
| private service provider means a person or body that has entered into an | |
| agreement that is in force with Fire and Rescue NSW to monitor fire alarm systems. |
2.39 Sydney Regional Environmental Plan No 33—Cooks Cove
Clause 27
Insert after clause 26—
27 Temporary use of land
|
| (a) | the temporary use will not prejudice the subsequent carrying out of development on the land in accordance with this plan and any other applicable environmental planning instrument, and |
| (b) | the temporary use will not adversely impact on any adjoining land or the amenity of the neighbourhood, and |
| (c) | the temporary use and location of any structures related to the use will not adversely impact on environmental attributes or features of the land, or increase the risk of natural hazards that may affect the land, and |
| (d) | at the end of the temporary use period the land will, as far as is practicable, be restored to the condition in which it was before the commencement of the use. |
| (4) | Despite subclause (2), the temporary use of a dwelling as a sales office for a new release area or a new housing estate may exceed the maximum number of days specified in that subclause. |
| (5) | Subclause (3)(d) does not apply to the temporary use of a dwelling as a sales office mentioned in subclause (4). |
2.40 Sydney Regional Environmental Plan (Sydney Harbour Catchment)
2005
Part 7
Insert after Part 6—
State Environmental Planning Policy Amendment (Repeal of Operational SEPPs) 2019 [NSW]
Schedule 2 Amendments consequent on repeal of State Environmental Planning Policy (Miscellaneous
Consent Provisions) 2007
| Part 7 | Miscellaneous consent provisions |
64 Subdivision—consent requirements
Land to which this plan applies may be subdivided, but only with development consent.
Notes.
1 If a subdivision is specified as exempt development in an applicable environmental planning instrument, such as this plan or State Environmental
Planning Policy (Exempt and Complying Development Codes) 2008, the Act
enables it to be carried out without development consent.
2 Part 6 of State Environmental Planning Policy (Exempt and Complying
Development Codes) 2008 provides that the strata subdivision of a building in
certain circumstances is complying development.
65 Demolition requires development consent
The demolition of a building or work may be carried out only with development consent.
Note. If the demolition of a building or work is identified in an applicable environmental
planning instrument, such as this plan or State Environmental Planning Policy (Exempt
and Complying Development Codes) 2008, as exempt development, the Act enables
it to be carried out without development consent.
66 Temporary use of land
|
| (a) | the temporary use will not prejudice the subsequent carrying out of development on the land in accordance with this plan and any other applicable environmental planning instrument, and |
| (b) | the temporary use will not adversely impact on any adjoining land or the amenity of the neighbourhood, and |
| (c) | the temporary use and location of any structures related to the use will not adversely impact on environmental attributes or features of the land, or increase the risk of natural hazards that may affect the land, and |
| (d) | at the end of the temporary use period the land will, as far as is practicable, be restored to the condition in which it was before the commencement of the use. |
| (4) | Despite subclause (2), the temporary use of a dwelling as a sales office for a new release area or a new housing estate may exceed the maximum number of days specified in that subclause. |
| (5) | Subclause (3)(d) does not apply to the temporary use of a dwelling as a sales office mentioned in subclause (4). |
State Environmental Planning Policy Amendment (Repeal of Operational SEPPs) 2019 [NSW]
Schedule 2 Amendments consequent on repeal of State Environmental Planning Policy (Miscellaneous
Consent Provisions) 2007
2.41 Tweed Local Environmental Plan 2000
Clause 3 Relationship to other environmental planning instruments
Insert after clause 3(4) (as inserted by Schedule 1)—
| (5) | Tweed Local Environmental Plan 1987 is amended by inserting after clause 4 |
| (Relationship to other environmental planning instruments)— |
| 4A | Application of additional provisions |
| (1) | Clauses 2.7, 2.8A and 5.8 of Tweed Local Environmental |
| Plan 2014 apply to development on land to which this plan | |
| applies. | |
| (2) | To avoid doubt, this clause prevails to the extent of any inconsistency with any other provision of this plan. |
2.42 Wollongong Local Environmental Plan 1990
[1] Clause 10 Development requiring consent or for a temporary period
Omit clause 10(5).
[2] Clauses 44 and 45
Insert after clause 43 (as inserted by Schedule 1.39)—
|
| (1) | The objective of this clause is to provide for the temporary use of land if the use does not compromise future development of the land, or have detrimental economic, social, amenity or environmental effects on the land. | |||||||
| (2) | Despite any other provision of this plan, development consent may be granted for development on land in any zone for a temporary use for a maximum period of 52 days (whether or not consecutive days) in any period of 12 months. | |||||||
| (3) | Development consent must not be granted unless the consent authority is satisfied that— | |||||||
| ||||||||
| (4) | Despite subclause (2), the temporary use of a dwelling as a sales office for a new release area or a new housing estate may exceed the maximum number of days specified in that subclause. | |||||||
| (5) | Subclause (3)(d) does not apply to the temporary use of a dwelling as a sales office mentioned in subclause (4). |
State Environmental Planning Policy Amendment (Repeal of Operational SEPPs) 2019 [NSW]
Schedule 2 Amendments consequent on repeal of State Environmental Planning Policy (Miscellaneous
Consent Provisions) 2007
45 Conversion of fire alarms
|
| (a) | converting a fire alarm system from connection with the alarm monitoring system of Fire and Rescue NSW to connection with the alarm monitoring system of a private service provider, |
| (b) | converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with the alarm monitoring system of another private service provider, |
| (c) | converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with a different alarm monitoring system of the same private service provider. |
| (3) | Development to which subclause (2) applies is complying development if it consists only of— | |||
| ||||
| (4) | A complying development certificate for any such complying development is subject to a condition that any building work may only be carried out between 7.00 am and 6.00 pm on Monday to Friday and between 7.00 am and 5.00 pm on Saturday, and must not be carried out on a Sunday or a public holiday. | |||
| (5) | In this clause— | |||
| private service provider means a person or body that has entered into an | ||||
| agreement that is in force with Fire and Rescue NSW to monitor fire alarm systems. |
2.43 Yarrowlumla Local Environmental Plan 2002
Clauses 66 and 67
Insert after clause 65 (as inserted by Schedule 1.40)—
66 Demolition requires development consent
The demolition of a building or work may be carried out only with development consent.
Note. If the demolition of a building or work is identified in an applicable environmental
planning instrument, such as this plan or State Environmental Planning Policy (Exempt
and Complying Development Codes) 2008, as exempt development, the Act enables
it to be carried out without development consent.
67 Conversion of fire alarms
|
State Environmental Planning Policy Amendment (Repeal of Operational SEPPs) 2019 [NSW]
Schedule 2 Amendments consequent on repeal of State Environmental Planning Policy (Miscellaneous
Consent Provisions) 2007
| (a) | converting a fire alarm system from connection with the alarm monitoring system of Fire and Rescue NSW to connection with the alarm monitoring system of a private service provider, |
| (b) | converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with the alarm monitoring system of another private service provider, |
| (c) | converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with a different alarm monitoring system of the same private service provider. |
| (3) | Development to which subclause (2) applies is complying development if it consists only of— | |||
| ||||
| (4) | A complying development certificate for any such complying development is subject to a condition that any building work may only be carried out between 7.00 am and 6.00 pm on Monday to Friday and between 7.00 am and 5.00 pm on Saturday, and must not be carried out on a Sunday or a public holiday. | |||
| (5) | In this clause— | |||
| private service provider means a person or body that has entered into an | ||||
| agreement that is in force with Fire and Rescue NSW to monitor fire alarm systems. |
State Environmental Planning Policy Amendment (Repeal of Operational SEPPs) 2019 [NSW]
Schedule 3 Miscellaneous amendments
| Schedule 3 | Miscellaneous amendments |
| 3.1 | State Environmental Planning Policy (Affordable Rental Housing) 2009 |
| Schedule 3 | |
| Omit the Schedule. | |
| 3.2 | State Environmental Planning Policy (State Significant Precincts) 2005 |
| [1] | Clause 7 State significant precincts |
| Omit clause 7(1). Insert instead— |
| (1) | Each Appendix to this Policy describes a State significant precinct. |
[2] Clauses 7(2) and 8
Omit “Schedule 3” wherever occurring. Insert instead “an Appendix to this Policy”.
[3] Schedule 3, Part 35
Insert before Map 1—
Part 35 Maps
[4] Appendices 1–19 (as amended by item [3])
Renumber Parts 1, 2, 4–6, 8–10, 12, 22–26, 28, 31 and 33–35 of Schedule 3 as Appendix 1–19 respectively, renumber each Division in those Appendices as a Part and renumber any cross-references in those Appendices accordingly.
[5] Schedule 3 (as amended by item [4])
Omit the Schedule.
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