State Environmental Planning Policy (Major Development) Amendment (Sydney Olympic Park) 2012 (2012-120) LW 23 March 2012 (NSW)

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2012 No 120

New South Wales

State Environmental Planning Policy

(Major Development) Amendment

(Sydney Olympic Park) 2012

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.

BRAD HAZZARD, MP

Minister for Planning and Infrastructure

Published LW 23 March 2012

Page 1

2012 No 120

State Environmental Planning Policy (Major Development) Amendment

Clause 1

(Sydney Olympic Park) 2012

State Environmental Planning Policy (Major

Development) Amendment (Sydney Olympic Park) 2012

under the

Environmental Planning and Assessment Act 1979

1      Name of Policy

This Policy is State Environmental Planning Policy (Major

Development) Amendment (Sydney Olympic Park) 2012.

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This Policy is repealed on the day following the day on which this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

4      Maps

Each map adopted by State Environmental Planning Policy (Major Development) 2005 that is specified in Column 1 of the following table is declared by this Plan to be amended or replaced, as the case requires, by the map specified opposite in Column 2 of the table as approved by the Minister on the making of this Plan:

Column 1

Column 2

Name of map being amended or

Name of amending or

replaced

replacement map

State Environmental Planning Policy

State Environmental Planning Policy

(Major Development) Amendment

(Major Development) 2005 Sydney

(Sydney Olympic Park) 2009 Acid

Olympic Park Acid Sulfate Soils Map

Sulfate Soils Map

(SEPP_MD_SOP_ASS_001_20110915)

(SEPP_MD_SOP_ASS_001_20090709)

State Environmental Planning Policy (Major Development) Amendment

2012 No 120

(Sydney Olympic Park) 2012

Clause 4

Column 1

Column 2

Name of map being amended or

Name of amending or

replaced

replacement map

State Environmental Planning Policy

State Environmental Planning Policy

(Major Development) Amendment

(Major Development) 2005 Sydney

(Sydney Olympic Park) 2009

Olympic Park Environmental

Environmental Conservation Areas

Conservation Areas Map

Map

(SEPP_MD_SOP_ENV_001_20110915)

(SEPP_MD_SOP_ENV_001_20090709)

State Environmental Planning Policy

State Environmental Planning Policy

(Major Development) Amendment

(Major Development) 2005 Sydney

(Sydney Olympic Park) 2009 Floor

Olympic Park Floor Space Ratio Map

Space Ratio Map

(SEPP_MD_SOP_FSR_001_20110915)

(SEPP_MD_SOP_FSR_001_20090709)

State Environmental Planning Policy

State Environmental Planning Policy

(Major Development) Amendment

(Major Development) 2005 Sydney

(Sydney Olympic Park) 2009 Height

Olympic Park Height of Buildings

of Buildings Map

Map

(SEPP_MD_SOP_HOB_001_20090709)

(SEPP_MD_SOP_HOB_001_20111020)

State Environmental Planning Policy

State Environmental Planning Policy

(Major Development) Amendment

(Major Development) 2005 Sydney

(Sydney Olympic Park) 2009

Olympic Park Heritage Map

Heritage Map

(SEPP_MD_SOP_HER_001_20110915)

(SEPP_MD_SOP_HER_001_20090709)

State Environmental Planning Policy

State Environmental Planning Policy

(Major Development) Amendment

(Major Development) 2005 Sydney

(Sydney Olympic Park) 2009 Land

Olympic Park Land Application Map

Application Map

(SEPP_MD_SOP_LAP_001_20110915)

(SEPP_MD_SOP_LAP_001_20090709)

State Environmental Planning Policy

State Environmental Planning Policy

(Major Development) Amendment

(Major Development) 2005 Sydney

(Sydney Olympic Park) 2009 Land

Olympic Park Land Zoning Map

Zoning Map

(SEPP_MD_SOP_LZN_001_20110915)

(SEPP_MD_SOP_LZN_001_20090709)

State Environmental Planning Policy

State Environmental Planning Policy

(Major Development) Amendment

(Major Development) 2005 Sydney

(Sydney Olympic Park) 2009

Olympic Park Reduced Level Map

Reduced Level Map

(SEPP_MD_SOP_RDL_001_20110915)

(SEPP_MD_SOP_RDL_001_20090709)

2012 No 120

State Environmental Planning Policy (Major Development) Amendment

(Sydney Olympic Park) 2012

Schedule 1

Amendment of State Environmental Planning Policy (Major Development)

2005

Schedule 1

Amendment of State Environmental

Planning Policy (Major Development)

2005

[1]      Schedule 3 State significant sites

Omit the definitions of Acid Sulfate Soils Map, Environmental Conservation Areas Map, Floor Space Ratio Map, Height of Buildings Map, Heritage Map, Land Application Map, Land Zoning Map and Reduced Level Map in clause 2 (1) of Part 23.

Insert instead in alphabetical order:

Acid Sulfate Soils Map means the State Environmental Planning Policy (Major Development) 2005 Sydney Olympic Park Acid Sulfate Soils Map.

Environmental Conservation Areas Map means the State Environmental Planning Policy (Major Development) 2005 Sydney Olympic Park Environmental Conservation Areas Map. Floor Space Ratio Map means the State Environmental Planning Policy (Major Development) 2005 Sydney Olympic Park Floor Space Ratio Map.

Height of Buildings Map means the State Environmental Planning Policy (Major Development) 2005 Sydney Olympic Park Height of Buildings Map.

Heritage Map means the State Environmental Planning Policy (Major Development) 2005 Sydney Olympic Park Heritage Map. Land Application Map means the State Environmental Planning Policy (Major Development) 2005 Sydney Olympic Park Land Application Map.

Land Zoning Map means the State Environmental Planning Policy (Major Development) 2005 Sydney Olympic Park Land Zoning Map.

Reduced Level Map means the State Environmental Planning Policy (Major Development) 2005 Sydney Olympic Park Reduced Level Map.

State Environmental Planning Policy (Major Development) Amendment

2012 No 120

(Sydney Olympic Park) 2012

Amendment of State Environmental Planning Policy (Major Development)

Schedule 1

2005

[2]      Schedule 3, Part 23, clause 2 (1)

Omit the definition of major event. Insert instead:

major event means a business-oriented occasion or a cultural, social or sporting related occasion (such as an exhibition, a festival, a show or other like happening) occurring on one or more days and:

(a)

designed for more than 10,000 patrons or participants per day at a single major event venue, or

(b)

designed for more than 20,000 patrons or participants per day at two or more major event venues, or

(c)

involving a total floor area of temporary tents or marquees of more than 1,000 square metres each day, or

(d)

involving a temporary floor area of a temporary stage or platform of more than 3,000 square metres each day,

but does not include the use of a major event venue that is consistent with any existing development consent applying to the major event venue.

[3]      Schedule 3, Part 23, clause 2 (1)

Insert in alphabetical order:

minor event means a business-oriented occasion or a cultural, social or sporting-related occasion (such as an exhibition, a festival, a show or other like happening) occurring on one or more days, at any place or venue (including a major event venue), but does not include an occasion that is a major event.

[4]      Schedule 3, Part 23, clause 6 (2)

Insert “, 20A” after “16”.

[5]      Schedule 3, Part 23, clause 10 (3)

Omit “the purpose shown on the Land Zoning Map, including any development that is ordinarily incidental or ancillary to development for that purpose;”.

[6]      Schedule 3, Part 23, clause 11 (2)

Insert “minor events;” after “environmental protection works;”.

[7]      Schedule 3, Part 23, clause 14 (2)

Insert “; minor events” after “home occupations”.

2012 No 120

State Environmental Planning Policy (Major Development) Amendment

(Sydney Olympic Park) 2012

Schedule 1

Amendment of State Environmental Planning Policy (Major Development)

2005

[8]      Schedule 3, Part 23, clause 20A

Insert after clause 20:

20A

Demolition requires consent

The demolition of a building or work may be carried out only with consent.

Note. If the demolition of a building or work is identified in an applicable environmental planning instrument, such as this Part or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, as exempt development, the Act enables it to be carried out without consent.

[9]      Schedule 3, Part 23, clause 33 (3) (d) and (d1)

Omit clause 33 (3) (d) from Part 23 of Schedule 3. Insert instead:

(d)

must not be carried out on land that comprises, or on which there is, an item that is listed on the State Heritage Register under the Heritage Act 1977 or that is subject to an interim heritage order under the Heritage Act 1977 (unless the Minister has granted an exemption under section 57 (2) of that Act), and

(d1)

must not be carried out on land that comprises, or on which there is, an item that is a heritage item under this Part, and

[10]      Schedule 3, Part 23, clause 34 (1)

Insert “and specify conditions to which a complying development certificate issued in respect of such development is subject” after “complying development”.

[11]      Schedule 3, Part 23, clause 34 (4)

Insert after clause 34 (3):

(4)

A complying development certificate issued in respect of development identified as complying development under this clause is subject to the conditions set out in Division 2 of Part 5 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.

[12]      Schedule 8 Exempt development

Insert “include details of the ancillary event development (such as relevant dates and locations and the nature of the development) and” after “approval must” in clause 1 (1) (a) of Part 4.

[13]      Schedule 8, Part 4, clause 1 (1) (b)

Insert “consecutive” after “40”.

State Environmental Planning Policy (Major Development) Amendment

2012 No 120

(Sydney Olympic Park) 2012

Amendment of State Environmental Planning Policy (Major Development)

Schedule 1

2005

[14]      Schedule 8, Part 4, clause 1 (1) (f)

Omit “10.00 pm on any day, except Australia Day (when it may occur until midnight) and”.

Insert instead “midnight on any day, except”.

[15]      Schedule 8, Part 4, clause 1 (1) (k)

Omit the paragraph.

[16]      Schedule 9 Complying development

Omit clause 1 (a) and (b) from Part 2. Insert instead:

(a)

an internal alteration or addition or new seating area within a building footprint that does not add more than 1,000m2 to the existing major event venue,

(b)

an external alteration or addition that does not add more than 150m2 of gross floor area to an existing major event venue and that does not exceed the existing building height level,

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