State Environmental Planning Policy (Infrastructure) 2007 (Amendment No 1) (2008-456) Gazette No 132 of 17 October 2008, page 10004 (NSW)

2008 No 456

New South Wales

State Environmental Planning Policy

(Infrastructure) 2007 (Amendment

No 1)

under the

Environmental Planning and Assessment Act 1979

His Excellency the Lieutenant-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 Planning. (Y08/696)

KRISTINA KENEALLY, M.P.,

Minister for Planning

Published in Gazette No 132 of 17 October 2008, page 10004 Page 1

2008 No 456	State Environmental Planning Policy (Infrastructure) 2007 (Amendment
Clause 1	No 1)

State Environmental Planning Policy (Infrastructure)

2007 (Amendment No 1)

under the

Environmental Planning and Assessment Act 1979

1      Name of Policy

This Policy is State Environmental Planning Policy (Infrastructure)

2007 (Amendment No 1).

2      Aim of Policy

The aim of this Policy is to amend State Environmental Planning Policy (Infrastructure) 2007 to make certain development for the purposes of a horse riding facility for people with disabilities at Marsfield Park complying development.

3      Land to which Policy applies

This Policy applies to the land known as 118–120 Culloden Road,

Marsfield, being Lots 652 and 653, DP752035.

4 Amendment of State Environmental Planning Policy (Infrastructure) 2007

State Environmental Planning Policy (Infrastructure) 2007 is amended as set out in Schedule 1.

State Environmental Planning Policy (Infrastructure) 2007 (Amendment	2008 No 456
No 1)

Amendment Schedule 1

Schedule 1 Amendment

(Clause 3)

Part 3, Division 26

Insert after Division 25:

Division 26 Special provisions

130      Riding for the disabled centre to be complying development

(1) Subject to subclause (2), the following development for the purposes of a horse riding facility for people with disabilities, on the land known as 118–120 Culloden Road, Marsfield, being Lots 652 and 653, DP752035, is complying development:

(a)

construction or alteration of, or addition to, a single unenclosed covered arena structure, if:

(i)	it has a total area of not more than 1600m2, and
(ii)	it is not within 9m of any boundary of the site, and

(iii) the roof of the structure is less than 8.2m in height, with support poles of less than 6m in height and constructed of non-reflective material,

(b)

construction or alteration of, or addition to, a single office premises, if:

(i)	they have a total floor space of less than 220m2, and
(ii)	they have 2 storeys or less, and

(iii) the external walls and roof are constructed of non-reflective material,

(c)

construction or alteration of, or addition to, horse yards and stables, if:

(i)	the horse yards have a total area of not more than 3,150m2, and
(ii)	the area of each horse yard is not more than 230m2, and

(iii)	each horse yard is not within 6m of any boundary of the site, and
(iv)	the stable is not within 25m of any boundary of the site, and
(v)	the stable is not more than one storey, and
(vi)	the external walls and roof are constructed of non-reflective material,

2008 No 456

State Environmental Planning Policy (Infrastructure) 2007 (Amendment

No 1)

Schedule 1

Amendment

(d) car parking that is situated at ground level and that is not enclosed.

(2)

To be complying development, development referred to in

subclause (1) must:

(a)	be permissible, with consent, in the zone in which it is carried out, and
(b)	meet relevant deemed-to-satisfy provisions of the Building Code of Australia, and
(c)	comply with the requirements of any tree preservation order under any other environmental planning instrument applicable to the land, and

Note. Division 3 of Part 5 of Schedule 2 to the Local Government Act 1993 also contains requirements with which the development must comply in relation to the keeping of horses.

(d)	not be carried out within 1m of any public sewer main except with the written approval of the authority that has management or control of the main, and
(e)	comply with the waste management and minimisation and stormwater management requirements under the City of Ryde Development Control Plan 2006, as in force at the commencement of this clause, and
(f)	in the case of buildings, be constructed in accordance with level 1 construction under Australian Standard AS 3959— 1999, Construction of buildings in bushfire-prone areas.

Note. Section 76A (6) of the Act also provides that certain development cannot be complying development.

131      Complying development certificate conditions for riding for disabled centre

A complying development certificate for development referred to in clause 130 is subject to the following conditions:

(a)	any construction or demolition work must be carried out only between 7.00am and 7.00pm Monday to Friday and 8.00am and 4.00pm on Saturdays,
(b)	construction or demolition work must not be carried out on a Sunday or a public holiday,
(c)	to prevent soil erosion, water pollution or the discharge of loose sediment onto surrounding land, run-off and erosion controls must be implemented before construction,
(d)	to control dust emissions from the site, suitable screens or barricades must be erected prior to any demolition, excavation or building work,

State Environmental Planning Policy (Infrastructure) 2007 (Amendment	2008 No 456
No 1)

Amendment Schedule 1

(e)	construction or demolition work must be carried out so as to protect existing trees on the site,
(f)	building materials, plant, equipment and waste used in or arising from construction or demolition work must not be placed or stored on a public footpath or road adjacent to the site,
(g)	any public land or public place must be protected from any obstruction, inconvenience or damage that might otherwise be caused by the development,
(h)	before the facility commences to operate, a certificate of compliance, if required, must be obtained from the relevant water supply or sewer authority,

(i)      the horse riding facility is to operate only between 7.30am and 5.00pm, but the office premises may operate until 10.00pm,

(j) there are not to be more than 10 horses and stables at the facility.

BY AUTHORITY