State Environmental Planning Policy (Major Development) Amendment (Huntlee New Town Site) 2010 (2010-765) LW 21 December 2010 (NSW)

2010 No 765

New South Wales

State Environmental Planning Policy

(Major Development) Amendment

(Huntlee New Town Site) 2010

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.

TONY KELLY, MLC Minister for Planning

Published LW 21 December 2010 Page 1

2010 No 765	State Environmental Planning Policy (Major Development) Amendment
Clause 1	(Huntlee New Town Site) 2010

State Environmental Planning Policy (Major

Development) Amendment (Huntlee New Town Site)

2010

under the

Environmental Planning and Assessment Act 1979

1      Name of Policy

This Policy is State Environmental Planning Policy (Major

Development) Amendment (Huntlee New Town Site) 2010.

2      Commencement

This Policy commences on the day on which it is published on the NSW legislation website.

3      Repeal of Policy

(1)

This Policy is repealed on the day following the day on which this

Policy commences.

(2)

The repeal of this Policy does not, because of the operation of sections 5 (6) and 30 of the Interpretation Act 1987, affect any amendment made by this Policy.

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Amendment of State Environmental Planning Policy (Major Development)	Schedule 1
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Schedule 1

Amendment of State Environmental

Planning Policy (Major Development)

2005

Schedule 3 State significant sites

Insert in the Schedule with appropriate Part numbering:

Part Huntlee New Town Site

Division 1 Preliminary

1      Land to which Part applies

This Part applies to the land identified on the Land Application Map, referred to in this Schedule as the Huntlee New Town site.

2      Interpretation

(1)

In this Part:

consent authority means the relevant council.

Land Application Map means the State Environmental Planning

Policy (Major Development) 2005 Huntlee New Town Site Land

Application Map.

Land Reservation Acquisition Map means the State

Environmental Planning Policy (Major Development) 2005

Huntlee New Town Site Land Reservation Acquisition Map.

Land Zoning Map means the State Environmental Planning

Policy (Major Development) 2005 Huntlee New Town Site Land

Zoning Map.

Lot Size Map means the State Environmental Planning Policy

(Major Development) 2005 Huntlee New Town Site Lot Size

Map.

relevant Council:

(a)	in relation to development of land within the local government area of Cessnock City, means Cessnock City Council, or
(b)	in relation to development of land within the local government area of Singleton, means Singleton Council.

(2) A word or expression used in this Part has the same meaning as it has in the standard instrument prescribed by the Standard Instrument (Local Environmental Plans) Order 2006 unless it is otherwise defined in this Part.

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3      Maps

(1)

A reference in this Part to a named map adopted by this Part is a

reference to a map by that name:

(a)	approved by the Minister when the map is adopted, and
(b)	as amended or replaced from time to time by maps declared by environmental planning instruments to amend or replace that map, and approved by the Minister when the instruments are made.

(2)

Any 2 or more named maps may be combined into a single map. In that case, a reference in this Part to any such named map is a reference to the relevant part or aspect of the single map.

(3)

Any such maps are to be kept and made available for public access in accordance with arrangements approved by the Minister.

(4)

For the purposes of this Part, a map may be in, and may be kept

and made available in, electronic or paper form, or both.

4      Relationship with other environmental planning instruments

The only environmental planning instruments that apply, according to their terms, to or in respect of development within the Huntlee New Town site are as follows:

(a)	this Policy,
(b)	all other State environmental planning policies otherwise applicable to the land, except State Environmental Planning Policy No 1—Development Standards.

Division 2

Provisions relating to development within

Huntlee New Town site

5      Application of Division

(1)

This Division applies to development on land within the Huntlee

New Town site, except as provided by subclause (2).

(2)

Clauses 7–13, 15, 16 and 19–25 do not apply to development within the Huntlee New Town site to the extent that it is a project to which Part 3A of the Act applies.

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6      Land use zones

For the purposes of this Part, land within the Huntlee New Town site is in a zone as follows if the land is shown on the Land Zoning Map as being within that zone:

(a)	Zone R1 General Residential,
(b)	Zone R2 Low Density Residential,
(c)	Zone R5 Large Lot Residential,
(d)	Zone B4 Mixed Use,
(e)	Zone E1 National Parks and Nature Reserves,
(f)	Zone E3 Environmental Management.

7      Objectives of land use zones to be taken into account

The consent authority must have regard to the objectives for development in a zone when determining a development application in respect of land within the zone.

8      Zone R1 General Residential

(1) The objectives of Zone R1 General Residential are as follows:

(a)	to provide for the housing needs of the community,
(b)	to provide for a variety of housing types and densities,
(c)	to enable other land uses that provide facilities or services to meet the day to day needs of residents.

(2)

Development for any of the following purposes is permitted

without consent on land within Zone R1 General Residential:

environmental protection works; home occupations.

(3)

Development for any of the following purposes is permitted only with development consent on land within Zone R1 General Residential:

attached dwellings; bed and breakfast accommodation; child care centres; community facilities; dwelling houses; exhibition villages; food and drink premises; home-based child care; home businesses; home industries; home occupations; hostels; kiosks; markets; multi dwelling housing; neighbourhood shops; places of public worship; recreation areas; recreation facilities (indoor); recreation facilities (outdoor); residential flat buildings; roads; semi-detached dwellings; seniors housing; serviced apartments; shop top housing.

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(4) Except as otherwise provided by this Policy, development is prohibited on land within Zone R1 General Residential unless it is permitted by subclause (2) or (3).

9      Zone R2 Low Density Residential

(1)

The objectives of Zone R2 Low Density Residential are as

follows:

(a)	to provide for the housing needs of the community within a low density residential environment,
(b)	to enable other land uses that provide facilities or services to meet the day to day needs of residents.

(2)	Development for any of the following purposes is permitted without consent on land within Zone R2 Low Density Residential:
environmental protection works; home occupations.
(3)	Development for any of the following purposes is permitted only with development consent on land within Zone R2 Low Density Residential:
bed and breakfast accommodation; child care centres; dwelling houses; environmental facilities; home-based child care; recreation areas; recreation facilities (outdoor); roads; semi-detached dwellings; seniors housing.
(4)	Except as otherwise provided by this Policy, development is prohibited on land within Zone R2 Low Density Residential unless it is permitted by subclause (2) or (3).

10      Zone R5 Large Lot Residential

(1) The objectives of Zone R5 Large Lot Residential are as follows:

(a)	to provide residential housing in a rural setting while preserving environmentally sensitive locations and scenic quality,
(b)	to ensure that large residential allotments do not hinder the proper and orderly development of urban areas in the future,
(c)	to ensure that development in the area does not unreasonably increase the demand for public services or public facilities,
(d)	to minimise conflict between land uses within the zone and adjoining zones,

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(e)	to enable land to be used for public open space or recreational purposes,
(f)	to protect the natural environment for recreational purposes.

(2)	Development for any of the following purposes is permitted without consent on land within Zone R5 Large Lot Residential: environmental protection works; home occupations.
(3)	Development for any of the following purposes is permitted only with development consent on land within Zone R5 Large Lot Residential:
bed and breakfast accommodation; cellar door premises; dwelling houses; environmental facilities; farm stay accommodation; home businesses; home industries; horticulture; neighbourhood shops; recreation areas; roads; roadside stalls; viticulture.
(4)	Except as otherwise provided by this Policy, development is prohibited on land within Zone R5 Large Lot Residential unless it is permitted by subclause (2) or (3).

11      Zone B4 Mixed Use

(1) The objectives of Zone B4 Mixed Use are as follows:

(a)	to provide a mixture of compatible land uses,
(b)	to integrate suitable development in accessible locations so as to maximise public transport patronage and encourage walking and cycling.

(2)

Development for any of the following purposes is permitted

without consent on land within Zone B4 Mixed Use:

environmental protection works; home occupations.

(3)

Development for any of the following purposes is permitted only

with development consent on land within Zone B4 Mixed Use:

business premises; car parks; child care centres; community

facilities; dwelling houses; entertainment facilities; function

centres; highway service centres; information and education

facilities; light industries; multi dwelling housing; office

premises; passenger transport facilities; places of public worship;

recreation areas; recreation facilities (indoor); recreation

facilities (outdoor); registered clubs; residential flat buildings;

retail premises; roads; seniors housing; shop top housing; tourist

and visitor accommodation.

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(4) Except as otherwise provided by this Policy, development is prohibited on land within Zone B4 Mixed Use unless it is permitted by subclause (2) or (3).

12      Zone E1 National Parks and Nature Reserves

(1)

The objectives of Zone E1 National Parks and Nature Reserves

are as follows:

(a)	to enable the management and appropriate use of land that is reserved under the National Parks and Wildlife Act 1974 or acquired under Part 11 of that Act,
(b)	to enable uses authorised under the National Parks and Wildlife Act 1974,
(c)	to identify land that is to be reserved under the National Parks and Wildlife Act 1974 and to protect the environmental significance of that land.

(2)	Development for any of the following purposes is permitted without consent on land within Zone E1 National Parks and Nature Reserves:
uses authorised under the National Parks and Wildlife Act 1974.
(3)	Development for any of the following purposes is permitted only with development consent on land within Zone E1 National Parks and Nature Reserves:
nil.
(4)	Except as otherwise provided by this Policy, development is prohibited on land within Zone E1 National Parks and Nature Reserves unless it is permitted by subclause (2) or (3).

13      Zone E3 Environmental Management

(1)

The objectives of Zone E3 Environmental Management are as

follows:

(a)	to protect, manage and restore areas with special ecological, scientific, cultural or aesthetic values,
(b)	to provide for a limited range of development that does not have an adverse effect on those values.

(2)	Development for any of the following purposes is permitted without consent on land within Zone E3 Environmental Management:
environment protection works; home occupations.

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(3)	Development for any of the following purposes is permitted only with development consent on land within Zone E3 Environmental Management:
dwelling houses; environmental facilities; filming; flood mitigation works; home industries; information and education facilities; kiosks; neighbourhood shops; recreation areas; roads; roadside stalls.
(4)	Except as otherwise provided by this Policy, development is prohibited on land within Zone E3 Environmental Management unless it is permitted by subclause (2) or (3).

14      Prohibited development

Development on land within the Huntlee New Town Site that is part of a project to which Part 3A of the Act applies is prohibited if it would be prohibited were it development to which Part 4 of the Act applies.

15      Interim land uses

(1) Despite any other provision of this Part, development on land in Zone R1 General Residential, Zone R2 Low Density Residential or Zone B4 Mixed Use within the Huntlee New Town site for the purposes specified in subclause (2) is permitted with consent and is not prohibited under clause 14 if:

(a)	the development is for a specified interim period, and
(b)	the development will not adversely affect the use of the land for permissible development in accordance with this Part at the end of the specified interim period, and
(c)	the development will not adversely affect the use of other land in the same locality for permissible development in accordance with this Part.

(2)

Development specified for the purposes of this clause is any one

or more of the following:

(a)	extensive agriculture,
(b)	extractive industries,
(c)	farm forestry,
(d)	intensive plant agriculture,
(e)	mining.

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16      Subdivision—consent requirements

(1)

Land within the Huntlee New Town site may be subdivided, but

only with development consent.

(2)

However, development consent is not required for a subdivision

for the purpose only of any one or more of the following:

(a)

widening a public road,

(b)

a minor realignment of boundaries that does not create:

(i)	additional lots or the opportunity for additional buildings, or
(ii)	lots that are smaller than the minimum size shown on the Lot Size Map in relation to the land concerned,

(c)

a consolidation of lots that does not create additional lots or the opportunity for additional buildings,

(d)

rectifying an encroachment on a lot,

(e)

creating a public reserve,

(f)

excising from a lot land that is, or is intended to be, used for public purposes, including drainage purposes, rural fire brigade or other emergency service purposes or public toilets.

17      Minimum subdivision lot size

(1) The objectives of this clause are as follows:

(a)	to ensure that lot sizes are able to accommodate development that is suitable for its purpose and consistent with relevant development standards,
(b)	to ensure that lot sizes allow buildings to be sited to protect natural features.

(2)

This clause applies to a subdivision of any land shown on the Lot Size Map that requires development consent and that is carried out after the commencement of this Part.

(3)

The size of any lot resulting from a subdivision of land to which this clause applies is not to be less than the minimum size shown on the Lot Size Map in relation to that land.

(4)

This clause does not apply in relation to the subdivision of

individual lots in a strata plan or community title scheme.

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18      Exceptions to development standards—Part 3A projects

(1) A development standard imposed by this or any other environmental planning instrument on development that is part of a project to which Part 3A of the Act applies, and is within the Huntlee New Town site, does not apply to that development if the Director-General is satisfied, and issues a certificate to the effect, that:

(a)	compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and
(b)	there are sufficient environmental planning grounds to justify exempting the development from that development standard.

(2)

In deciding whether to issue a certificate, the Director-General

must consider:

(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 Director-General.

19      Exceptions to development standards—other development

(1)

This clause applies to development, other than development that

is part of a project to which Part 3A of the Act applies.

(2)

The objectives of this clause are:

(a)	to provide an appropriate degree of flexibility in applying certain development standards to particular development, and
(b)	to achieve better outcomes for and from development by allowing flexibility in particular circumstances.

(3)	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.
(4)	Consent must not be granted for development that contravenes a development standard unless the consent authority has

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considered a written 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.

(5)

Development consent must not be granted for development that

contravenes a development standard unless:

(a) the consent authority is satisfied that:

(i)     the applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (4), 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 Director-General has been obtained.

(6)

In deciding whether to grant concurrence, the Director-General

must consider:

(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 Director-General before granting concurrence.

(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 (4).

(8)

This clause does not allow consent to be granted for development

that would contravene any of the following:

(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

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Index: BASIX) 2004 applies or for the land on which such a building is situated.

20      Arrangements for designated State public infrastructure

(1) This clause applies to land in Zone R1 General Residential, Zone R2 Low Density Residential or Zone B4 Mixed Use within the Huntlee New Town site, but does not apply to any such land if the whole or any part of it is in a special contributions area (as defined by section 93C of the Act).

(2) The objective of this clause is to require satisfactory arrangements to be made for the provision of designated State public infrastructure before the subdivision of land to which this clause applies to satisfy needs that arise from development on the land, but only if the land is developed intensively for urban purposes.

(3)	Land to which this clause applies must not be subdivided if the subdivision would create a lot smaller than the minimum lot size permitted on the land immediately before the commencement of this Part, unless the Director-General has certified in writing that satisfactory arrangements have been made to contribute to the provision of designated State public infrastructure in relation to that lot.
(4)	Subclause (3) does not apply in relation to:

(a)	any lot identified in the certificate as a residue lot, or
(b)	any lot created by a previous subdivision of land in accordance with this clause, or
(c)	any lot that is proposed to be reserved or dedicated for public open space, public roads, public utilities, educational facilities, or any other public purpose, or
(d)	a subdivision for the purpose only of rectifying an encroachment on any existing lot.

(5)

In this clause, designated State public infrastructure means public facilities or services that are provided or financed by the State (or if provided or financed by the private sector, to the extent of any financial or in-kind contribution by the State) of the following kinds:

(a)	State and regional roads,
(b)	bus interchanges, bus services and bus lanes,
(c)	land required for regional open space,

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(d) land required for social infrastructure and facilities (such as land for schools, hospitals, emergency services and justice purposes).

21 Public utility infrastructure

(1)

This clause applies to land in Zone R1 General Residential, Zone R2 Low Density Residential or Zone B4 Mixed Use within the Huntlee New Town site.

(2)

Development consent must not be granted for development on land to which this clause applies unless the consent authority is satisfied that any public utility infrastructure that is essential for the proposed development is available or that adequate arrangements have been made to make that infrastructure available when required.

(3)

This clause does not apply to development for the purpose of providing, extending, augmenting, maintaining or repairing any public utility infrastructure.

(4)

In this clause, public utility infrastructure includes infrastructure

for any of the following:

(a)	the supply of water,
(b)	the supply of electricity or gas,
(c)	the disposal and management of sewage.

22      Infrastructure development and the use of existing buildings of the Crown

(1)	This Division does not restrict or prohibit, or enable the restriction or prohibition of, the carrying out of any development, by or on behalf of a public authority, that is permitted to be carried out without consent under State Environmental Planning Policy (Infrastructure) 2007.
(2)	This Division does not restrict or prohibit, or enable the restriction or prohibition of, the use of existing buildings of the Crown by the Crown.

23      Relevant acquisition authority

(1) The objective of this clause is to identify, for the purposes of section 27 of the Act, the authority of the State that will be the relevant authority to acquire land reserved for certain public purposes if the land is required to be acquired under Division 3 of

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Part 2 of the Land Acquisition (Just Terms Compensation) Act

1991 (the owner-initiated acquisition provisions).

Note. If the landholder will suffer hardship if there is any delay in the land being acquired by the relevant authority, section 23 of the Land Acquisition (Just Terms Compensation) Act 1991 requires the authority to acquire the land.

(2)	The authority of the State that will be the relevant authority to acquire land, if the land is required to be acquired under the owner-initiated acquisition provisions, is the authority of the State specified below in relation to the land shown coloured yellow on the Land Reservation Acquisition Map (or, if an authority of the State is not specified in relation to land required to be so acquired, the authority designated or determined under those provisions).
Type of land shown on Land Authority of the State
Reservation Acquisition Map
Zone E1 National Parks and Minister administering the Nature Reserves National Parks and Wildlife Act 1974
(3)	Development on land acquired by an authority of the State under the owner-initiated acquisition provisions may, before it is used for the purpose for which it is reserved, be carried out, with development consent, for any purpose.
Note. If land, other than land specified in the Table to subclause (2), is required to be acquired under the owner-initiated acquisition provisions, the Minister for Planning is required to take action to enable the designation of the acquiring authority under this clause. Pending the designation of the acquiring authority for that land, the acquiring authority is to be the authority determined by order of the Minister for Planning (see section 21 of the Land Acquisition (Just Terms Compensation) Act 1991).

24      Suspension of covenants, agreements and instruments

(1)	For the purpose of enabling development on land in the Huntlee New Town site to be carried out in accordance with this Policy or with a development consent granted under the Act, any agreement, covenant or other similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose.
(2)	This clause does not apply:

(a) to a covenant imposed by Cessnock City Council or Singleton Council or that either of those councils requires to be imposed, or

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(b)	to any prescribed instrument within the meaning of section 183A of the Crown Lands Act 1989, or
(c)	to any conservation agreement within the meaning of the National Parks and Wildlife Act 1974, or
(d)	to any Trust agreement within the meaning of the Nature Conservation Trust Act 2001, or
(e)	to any property vegetation plan within the meaning of the Native Vegetation Act 2003, or
(f)	to any biobanking agreement within the meaning of Part 7A of the Threatened Species Conservation Act 1995, or
(g)	to any planning agreement within the meaning of Division 6 of Part 4 of the Act.

(3)

This clause does not affect the rights or interests of any public

authority under any registered instrument.

(4)

Pursuant to section 28 of the Act, before the making of this

clause, the Governor approved of subclauses (1)–(3).

25      Development control plan

(1)

Development consent must not be granted for development on land in Zone R1 General Residential, Zone R2 Low Density Residential or Zone B4 Mixed Use within the Huntlee New Town site unless a development control plan that provides for the matters specified in subclause (3) has been prepared for the land.

(2)

The development control plan must provide for all of the

following:

(a)	a staging plan for the timely and efficient release of urban land making provision for necessary infrastructure and sequencing,
(b)	an overall transport movement hierarchy showing the major circulation routes and connections to achieve a simple and safe movement system for private vehicles, public transport, pedestrians and cyclists,
(c)	traffic, parking and key transport access points,
(d)	an overall landscaping strategy for the protection and enhancement of riparian areas and remnant vegetation, including visually prominent locations, and detailed landscaping requirements for both the public and private domain,

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(e)	stormwater and water quality management controls, including appropriate on-site measures,
(f)	amelioration of natural and environmental hazards, including bushfire, flooding and site contamination and, in relation to natural hazards, the safe occupation of, and the evacuation from, any land so affected,
(g)	detailed urban design controls for significant development sites, including setbacks, height controls, building materials and colours, identification of areas of high visibility and sites for landmark buildings,
(h)	measures to accommodate and control appropriate neighbourhood commercial and retail uses,

(i)      measures to encourage higher density living around transport, open space and service nodes,

(j)	community and neighbourhood facilities, including suitably located public facilities and services and provision for appropriate traffic management facilities and parking,
(k)	infrastructure services and opportunities for shared corridors and water re-cycling,
(l)	subdivision layout, including access for all forms of transport (including pedestrian access), lot size and mix, location of open space and the road network and finished contour levels of the site (including earthworks required to achieve the finished contours),
(m)	provision for biodiversity, including retention of existing remnant vegetation, and existing conservation offset strategies.

(3) Subclause (2) does not apply to any of the following

development:

(a)	a subdivision of land if any of the lots proposed to be created is to be reserved or dedicated for public open space, public roads or any other public or environmental protection purpose,
(b)	a subdivision of land in a zone in which the erection of structures is prohibited,
(c)	proposed development on land that is of a minor nature only, if the consent authority is of the opinion that the carrying out of the proposed development would be consistent with the objectives of the zone in which the land is situated.

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(4) The Minister