State Environmental Planning Policy—Development on Kurnell Peninsula (2005-329) [GG No 81 of 1.7.2005, p 3428] (NSW)
2005 No 329
| New South Wales |
State Environmental Planning Policy—
Development on Kurnell Peninsula
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 in accordance with the recommendation made by the Minister for Infrastructure and Planning. (9038664)
CRAIG JOHN KNOWLES, M.P.,
Minister for Infrastructure and Planning
| Published in Gazette No 81 of 1 July 2005, page 3428 | Page 1 |
| 2005 No 329 |
| Clause 1 | State Environmental Planning Policy—Development on Kurnell Peninsula |
State Environmental Planning Policy—Development on
Kurnell Peninsula
under the
Environmental Planning and Assessment Act 1979
1 Name of Policy
This Policy is State Environmental Planning Policy—Development on
Kurnell Peninsula.
2 Aims of Policy
The aim of this Policy is to permit certain development on parts of Kurnell peninsula where the noise levels are between 20 and 25 ANEF, being development that is currently prohibited under Sydney Regional Environmental Plan No 17—Kurnell Peninsula (1989).
3 Land to which Policy applies
This Policy applies to land to which Sydney Regional Environmental Plan No 17—Kurnell Peninsula (1989) applies including, in particular, the land identified as Kurnell village on the map marked “State Environmental Planning Policy—Development on Kurnell Peninsula” and deposited in the head office of the Department of Infrastructure, Planning and Natural Resources.
4 Amendment of State Environmental Planning Policy No 17—Kurnell Peninsula (1989)
Sydney Regional Environmental Plan No 17—Kurnell Peninsula (1989) is amended as set out in Schedule 1.
2005 No 329
State Environmental Planning Policy—Development on Kurnell Peninsula
| Amendments | Schedule 1 |
| Schedule 1 | Amendments |
(Clause 4)
[1] Clause 5 Definitions
Insert in alphabetical order in clause 5 (1):
ANEF, in relation to land, means the Australian Noise Exposure Forecast for the land, as notified to the Council from time to time by Airservices Australia.
Australian Standard 2021 means Australian Standard AS 2021—2000, Acoustics—Aircraft noise intrusion—Building siting and construction published by Standards Australia on 10 August 2000.
Kurnell village means the land identified as Kurnell village on the map marked “State Environmental Planning Policy— Development on Kurnell Peninsula” and deposited in the head office of the Department.
[2] Clause 23 Aircraft noise—restriction on development
Omit clause 23 (1) (a). Insert instead:
| (a) | for residential purposes, where the noise level exceeds 25 ANEF, or |
[3] Clause 23 (2) (a)
Omit “(including development which would increase residential densities) in areas”.
[4] Clause 23 (3) and (4)
Insert after clause 23 (2):
| (3) | Nothing in this clause prevents the granting of consent for the reasonable repair, renovation, alteration, extension of or addition to an existing building, if there will be no resulting reduction in the degree of insulation of the building interior from noise. |
| (4) | This clause does not apply to the carrying out of development for residential purposes, or for the purpose of schools, on land within Kurnell village. |
2005 No 329
State Environmental Planning Policy—Development on Kurnell Peninsula
| Schedule 1 | Amendments |
[5] Clause 23AA
Insert after clause 23:
| 23AA | Aircraft noise—restriction on certain development on land in Kurnell village | |||
|
| (a) | for residential purposes, where the ANEF exceeds 20, or |
| (b) | for schools, where the ANEF exceeds 20, |
unless it is satisfied that the development meets Australian
Standard 2021 regarding interior noise levels.
| (3) | Nothing in this clause prevents the granting of consent for the reasonable repair, renovation, alteration, extension of or addition to an existing building, if there will be no resulting reduction in the degree of insulation of the building interior from noise. |
[6] Schedule 6 Complying development—general provisions
Omit “is between 20 and 25” where occurring. Insert instead “exceeds 20”.
BY AUTHORITY
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