State Environmental Planning Policy (Major Development) Amendment (UTS Ku-ring-gai Campus and Wahroonga Estate) 2012 (2012-671) LW 21 December 2012 (NSW)
2012 No 671
| New South Wales |
State Environmental Planning Policy
(Major Development) Amendment
(UTS Ku-ring-gai Campus and
Wahroonga Estate) 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 21 December 2012 | Page 1 |
| 2012 No 671 | State Environmental Planning Policy (Major Development) Amendment |
| Clause 1 | (UTS Ku-ring-gai Campus and Wahroonga Estate) 2012 |
State Environmental Planning Policy (Major Development) Amendment (UTS Ku-ring-gai Campus and Wahroonga Estate) 2012
under the
Environmental Planning and Assessment Act 1979
1 Name of Policy
This Policy is State Environmental Planning Policy (Major Development) Amendment (UTS Ku-ring-gai Campus and Wahroonga Estate) 2012.
2 Commencement
This Policy commences on the day on which it is published on the NSW legislation website.
3 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 Policy 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 Policy:
| 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) 2005 | (Major Development) 2005 |
| Wahroonga Estate Height of | Wahroonga Estate Height of |
| Buildings Map | Buildings Map |
| (SEPP_MD_WER_HOB_001_20091 | (SEPP_MD_WER_HOB_001_20120 |
| 029) | 821) |
| State Environmental Planning Policy | State Environmental Planning Policy |
| (Major Development) 2005 | (Major Development) 2005 |
| Wahroonga Estate Land Application | Wahroonga Estate Land Application |
| Map | Map |
| (SEPP_MD_WER_LAP_001_20091 | (SEPP_MD_WER_LAP_001_20120 |
| 029) | 821) |
| State Environmental Planning Policy (Major Development) Amendment | 2012 No 671 |
| (UTS Ku-ring-gai Campus and Wahroonga Estate) 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) 2005 | (Major Development) 2005 |
| Wahroonga Estate Land Zoning Map | Wahroonga Estate Land Zoning Map |
| (SEPP_MD_WER_LZN_001_20091 | (SEPP_MD_WER_LZN_001_20120 |
| 029) | 821) |
4 Repeal of Policy
|
| 2012 No 671 | State Environmental Planning Policy (Major Development) Amendment (UTS Ku-ring-gai Campus and Wahroonga Estate) 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 Gross Floor Area Map, heritage item, Heritage Map, place of Aboriginal heritage significance and relevant council from clause 2 (1) in Part 25.
[2] Schedule 3, Part 25
Omit clause 3. Insert instead:
3 Consent authority
The consent authority for development on land within the
Wahroonga Estate site is Hornsby Council.
[3] Schedule 3, Part 25
Omit clause 6. Insert instead:
6 Application of Division
This Division applies to development on land within the
Wahroonga Estate site.
[4] Schedule 3, Part 25, clauses 16, 20, 23 (7) (including the note) and 24
Omit the provisions.
[5] Schedule 3, Part 25
Omit clause 18. Insert instead:
|
The height of a building on any land within the Wahroonga Estate site is not to exceed the maximum height shown for the land on the Height of Buildings Map.
[6] Schedule 3, Part 25
Omit “—other development” from the heading to clause 21.
[7] Schedule 3, Part 25, clause 21 (1)
Omit the subclause.
| State Environmental Planning Policy (Major Development) Amendment | 2012 No 671 |
| (UTS Ku-ring-gai Campus and Wahroonga Estate) 2012 |
| Amendment of State Environmental Planning Policy (Major | Schedule 1 |
| Development) 2005 |
[8] Schedule 3, Part 25
Omit “the relevant council” from clause 23 (3) (b) and (4)–(6) wherever occurring.
Insert instead “Hornsby Council”.
[9] Schedule 3, Part 30
Omit the Part.
| 2012 No 671 | State Environmental Planning Policy (Major Development) Amendment (UTS Ku-ring-gai Campus and Wahroonga Estate) 2012 |
| Schedule 2 | Amendment of Ku-ring-gai Planning Scheme Ordinance |
| Schedule 2 | Amendment of Ku-ring-gai Planning Scheme Ordinance |
Parts IIIC and IIID
Insert after Part IIIB:
Part IIIC Wahroonga Estate site
| Division 1 | Preliminary |
| 25Y | Application of Part | |||
| ||||
| 25Z | Interpretation | |||
|
consent authority has the same meaning as it has in the
Environmental Planning and Assessment Act 1979.
Gross Floor Area Map means the “Ku-ring-gai Planning Scheme Ordinance—Wahroonga Estate Gross Floor Area Map” deposited in the office of the Council.
Height of Buildings Map means the “Ku-ring-gai Planning Scheme Ordinance—Wahroonga Estate Height of Buildings Map” deposited in the office of the Council.
heritage item means a building, work, archaeological site, tree or
place:
| (a) | shown on the Heritage Map as a heritage item, and |
| (b) | the location and nature of which is described in the Table to clause 26R (8). |
Heritage Map means the “Ku-ring-gai Planning Scheme Ordinance—Wahroonga Estate Heritage Map” deposited in the office of the Council.
Land Application Map means the “Ku-ring-gai Planning Scheme Ordinance —Wahroonga Estate Land Application Map” deposited in the office of the Council.
Land Zoning Map means the “Ku-ring-gai Council Planning Scheme Ordinance—Wahroonga Estate Land Zoning Map” deposited in the office of the Council.
| State Environmental Planning Policy (Major Development) Amendment | 2012 No 671 |
| (UTS Ku-ring-gai Campus and Wahroonga Estate) 2012 |
| Amendment of Ku-ring-gai Planning Scheme Ordinance | Schedule 2 |
place of Aboriginal heritage significance means an area of land, the general location of which is identified in an Aboriginal heritage study adopted by the Council after public exhibition (whether before or after the commencement of this Part) and that may be shown on the Heritage Map, that is:
| (a) | the site of one or more Aboriginal objects or a place that has the physical remains of pre-European occupation by, or is of contemporary significance to, the Aboriginal people. It may (but need not) include items and remnants of the occupation of the land by Aboriginal people, such as burial places, engraving sites, rock art, midden deposits, scarred and sacred trees and sharpening grooves, or |
| (b) | a natural Aboriginal sacred site or other sacred feature. It includes natural features such as creeks or mountains of long-standing cultural significance, as well as initiation, ceremonial or story places or areas of more contemporary cultural significance. |
| (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 (as in force immediately before the commencement of the Standard Instrument (Local Environmental Plans) Amendment Order 2011) unless it is otherwise defined in this Part. |
| 26A | Application of SEPPs |
This Part is subject to the provisions of all State environmental planning policies other than State Environmental Planning Policy No 1—Development Standards.
| Division 2 | Provisions relating to development in Wahroonga Estate site |
| 26B | Land use zones |
For the purposes of this Part, land within the Wahroonga Estate site is in one of the following zones 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 R3 Medium Density Residential, |
| (d) | Zone R4 High Density Residential, |
| (e) | Zone B1 Neighbourhood Centre, |
| 2012 No 671 | State Environmental Planning Policy (Major Development) Amendment (UTS Ku-ring-gai Campus and Wahroonga Estate) 2012 |
| Schedule 2 | Amendment of Ku-ring-gai Planning Scheme Ordinance |
| (f) | Zone SP1 Special Activities, |
| (g) | Zone E2 Environmental Conservation. |
| 26C | 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.
| 26D | Zone R1 General Residential | |
|
| (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 development consent on land within Zone R1 General Residential: |
| 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; boarding houses; child care centres; community facilities; dwelling houses; group homes; hostels; multi dwelling housing; neighbourhood shops; places of public worship; residential flat buildings; respite day care centres; roads; semi-detached dwellings; seniors housing; shop top housing. | |
| (4) | Except as otherwise provided by this Part, development is prohibited on land within Zone R1 General Residential unless it is permitted by subclause (2) or (3). |
| 26E | Zone R2 Low Density Residential | |
|
| (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, |
| (c) | to ensure that housing is compatible with the existing environmental character of the area. |
| State Environmental Planning Policy (Major Development) Amendment | 2012 No 671 |
| (UTS Ku-ring-gai Campus and Wahroonga Estate) 2012 |
| Amendment of Ku-ring-gai Planning Scheme Ordinance | Schedule 2 |
| (2) | Development for any of the following purposes is permitted without development consent on land within Zone R2 Low Density Residential: |
| home-based child care; 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; boarding houses; child care centres; community facilities; dual occupancies; dwelling houses; educational establishments; environmental protection works; health consulting rooms; home businesses; home industries; neighbourhood shops; places of public worship; recreation areas; respite day care centres; roads; secondary dwellings; seniors housing; signage. | |
| (4) | Except as otherwise provided by this Part, development is prohibited on land within Zone R2 Low Density Residential unless it is permitted by subclause (2) or (3). |
| 26F | Zone R3 Medium Density Residential | |
|
| (a) | to provide for the housing needs of the community within a medium density residential environment, |
| (b) | to provide a variety of housing types within a medium density residential environment, |
| (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 development consent on land within Zone R3 Medium Density Residential: |
| home-based child care; home occupations. | |
| (3) | Development for any of the following purposes is permitted only with development consent on land within Zone R3 Medium Density Residential: |
| attached dwellings; bed and breakfast accommodation; boarding houses; child care centres; community facilities; dual occupancies; dwelling houses; educational establishments; environmental protection works; group homes; home businesses; home industries; hostels; multi dwelling housing; neighbourhood shops; places of public worship; recreation areas; respite day care |
| 2012 No 671 | State Environmental Planning Policy (Major Development) Amendment (UTS Ku-ring-gai Campus and Wahroonga Estate) 2012 |
| Schedule 2 | Amendment of Ku-ring-gai Planning Scheme Ordinance |
centres; roads; secondary dwellings; semi-detached dwellings;
seniors housing.
| (4) | Except as otherwise provided by this Part, development is prohibited on land within Zone R3 Medium Density Residential unless it is permitted by subclause (2) or (3). |
| 26G | Zone R4 High Density Residential | |
|
| (a) | to provide for the housing needs of the community within a high density residential environment, |
| (b) | to provide a variety of housing types within a high density residential environment, |
| (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 development consent on land within Zone R4 High Density Residential: |
| home occupations. | |
| (3) | Development for any of the following purposes is permitted only with development consent on land within Zone R4 High Density Residential: |
| bed and breakfast accommodation; boarding houses; child care centres; community facilities; dwelling houses; educational establishments; environmental protection works; group homes; health consulting rooms; home businesses; home industries; hostels; medical centres; multi dwelling housing; neighbourhood shops; places of public worship; recreation areas; residential flat buildings; respite day care centres; roads; seniors housing; serviced apartments; shop top housing. | |
| (4) | Except as otherwise provided by this Part, development is prohibited on land within Zone R4 High Density Residential unless it is permitted by subclause (2) or (3). |
| 26H | Zone B1 Neighbourhood Centre | |
|
| State Environmental Planning Policy (Major Development) Amendment | 2012 No 671 |
| (UTS Ku-ring-gai Campus and Wahroonga Estate) 2012 |
| Amendment of Ku-ring-gai Planning Scheme Ordinance | Schedule 2 |
| (2) | Development for any of the following purposes is permitted without development consent on land within Zone B1 Neighbourhood Centre: |
| home occupations. | |
| (3) | Development for any of the following purposes is permitted only with development consent on land within Zone B1 Neighbourhood Centre: |
| business premises; car parks; child care centres; community facilities; environmental protection works; food and drink premises (other than pubs); office premises; places of public worship; public administration buildings; respite day care centres; roads; shop top housing; shops; signage; veterinary hospitals. | |
| (4) | Except as otherwise provided by this Part, development is prohibited on land within Zone B1 Neighbourhood Centre unless it is permitted by subclause (2) or (3). |
| 26I | Zone SP1 Special Activities | |
|
| (a) | to provide for special land uses that are not provided for in other zones, |
| (b) | to provide for sites with special natural characteristics that are not provided for in other zones, |
| (c) | to facilitate development that is in keeping with the special characteristics of the site or its existing or intended special use, and that minimises any adverse impacts on surrounding land. |
| (2) | Development for any of the following purposes is permitted without development consent on land within Zone SP1 Special Activities: |
| nil. | |
| (3) | Development for any of the following purposes is permitted only with development consent on land within Zone SP1 Special Activities: |
| roads; the purpose shown on the Land Zoning Map, including any development that is ordinarily incidental or ancillary to development for that purpose. | |
| (4) | Except as otherwise provided by this Part, development is prohibited on land within Zone SP1 Special Activities unless it is permitted by subclause (2) or (3). |
| 2012 No 671 | State Environmental Planning Policy (Major Development) Amendment (UTS Ku-ring-gai Campus and Wahroonga Estate) 2012 |
| Schedule 2 | Amendment of Ku-ring-gai Planning Scheme Ordinance |
| 26J | Zone E2 Environmental Conservation | |
|
| (a) | to protect, manage and restore areas of high ecological, scientific, cultural or aesthetic values, |
| (b) | to prevent development that could destroy, damage or otherwise have an adverse effect on those values. |
| (2) | Development for any of the following purposes is permitted without development consent on land within Zone E2 Environmental Conservation: |
| environmental protection works. | |
| (3) | Development for any of the following purposes is permitted only with development consent on land within Zone E2 Environmental Conservation: |
| environmental facilities. | |
| (4) | Except as otherwise provided by this Part, development is prohibited on land within Zone E2 Environmental Conservation unless it is permitted by subclause (2) or (3). |
| 26K | Prohibited development |
Development on land within the Wahroonga Estate site that is part of a transitional Part 3A project is prohibited if it would be prohibited were it development to which Part 4 of the Act applies.
| 26L | Subdivision—consent requirements | |||
|
| (a) | widening a public road, |
| (b) | a minor realignment of boundaries that does not create additional lots or the opportunity for additional dwellings, |
| (c) | a consolidation of lots that does not create additional lots or the opportunity for additional dwellings, |
| (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 |
| State Environmental Planning Policy (Major Development) Amendment | 2012 No 671 |
| (UTS Ku-ring-gai Campus and Wahroonga Estate) 2012 |
| Amendment of Ku-ring-gai Planning Scheme Ordinance | Schedule 2 |
brigade or other emergency service purposes or public
toilets.
| 26M | Height and gross floor area restrictions | |||||||
| ||||||||
| 26N | Maximum number of dwellings |
A person must not erect a dwelling on land within the Wahroonga Estate site if, as a result, the number of dwellings within that site would exceed 500.
| 26O | Exceptions to development standards | |
|
| (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. |
| (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 |
| 2012 No 671 | State Environmental Planning Policy (Major Development) Amendment (UTS Ku-ring-gai Campus and Wahroonga Estate) 2012 |
| Schedule 2 | Amendment of Ku-ring-gai Planning Scheme Ordinance |
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 (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. |
| (5) | In deciding whether to grant concurrence, the Director-General must consider: | |||||
| ||||||
| (6) | Development consent must not be granted under this clause for a subdivision of land in Zone SP1 Special Activities or Zone E2 Environmental Conservation. | |||||
| (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 development consent to be granted for development that would contravene any of the following: | |||||
|
| State Environmental Planning Policy (Major Development) Amendment | 2012 No 671 |
| (UTS Ku-ring-gai Campus and Wahroonga Estate) 2012 |
| Amendment of Ku-ring-gai Planning Scheme Ordinance | Schedule 2 |
| (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. |
| 26P | Bush fire hazard reduction |
Bush fire hazard reduction work authorised by the Rural Fires
Act 1997 may be carried out on any land without consent.
Note. The Rural Fires Act 1997 also makes provision relating to the carrying out of development on bush fire prone land.
| 26Q | Preservation of trees or vegetation | |||||
|
| (a) | development consent, or |
| (b) | a permit granted by the Council. |
| (4) | The refusal by the Council to grant a permit to a person who has duly applied for the grant of the permit is taken for the purposes of the Act to be a refusal by the Council to grant consent for the carrying out of the activity for which a permit was sought. |
| (5) | This clause does not apply to a tree that the Council is satisfied is dying or dead and is not required as the habitat of native fauna. |
| (6) | This clause does not apply to a tree that the Council is satisfied is a risk to human life or property. |
| (7) | A permit under this clause cannot allow any ringbarking, cutting down, topping, lopping, removal, injuring or destruction of a tree that is or forms part of a heritage item. |
| Note. As a consequence of this subclause, the activities concerned will require development consent. The heritage provisions of clause 26T will be applicable to any such consent. |
| 2012 No 671 | State Environmental Planning Policy (Major Development) Amendment (UTS Ku-ring-gai Campus and Wahroonga Estate) 2012 |
| Schedule 2 | Amendment of Ku-ring-gai Planning Scheme Ordinance |
| (8) | This clause does not apply to or in respect of: | |||||
|
| 26R | Heritage conservation | |
|
The objectives of this clause are:
| (a) | to conserve the environmental heritage of the Wahroonga Estate site, and |
| (b) | to conserve the heritage significance of heritage items and heritage conservation areas including associated fabric, settings and views, and |
| (c) | to conserve places of Aboriginal heritage significance. |
| (2) | Requirement for consent | |||||||||||||
| Development consent is required for any of the following: | ||||||||||||||
|
| State Environmental Planning Policy (Major Development) Amendment | 2012 No 671 |
| (UTS Ku-ring-gai Campus and Wahroonga Estate) 2012 |
| Amendment of Ku-ring-gai Planning Scheme Ordinance | Schedule 2 |
| (3) | When consent not required | |
| However, consent under this clause is not required if: | ||
|
(i) is of a minor nature, or is for the maintenance of the heritage item or archaeological site, and
(ii) would not adversely affect the significance of the heritage item or archaeological site, or
| (b) | the development is limited to the removal of a tree or other vegetation that the consent authority is satisfied is a risk to human life or property, or |
| (c) | the development is exempt development. |
| (4) | Effect on heritage significance | |||
| The consent authority must, before granting consent under this clause, consider the effect of the proposed development on the heritage significance of the heritage item concerned. | ||||
| (5) | Heritage impact assessment | |||
| The consent authority may, before granting consent to any development on land: | ||||
| ||||
| require a heritage impact statement to be prepared that assesses the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item concerned. | ||||
| (6) | Places of Aboriginal heritage significance | |||
| The consent authority must, before granting consent under this clause to the carrying out of development in a place of Aboriginal heritage significance: | ||||
|
| 2012 No 671 | State Environmental Planning Policy (Major Development) Amendment (UTS Ku-ring-gai Campus and Wahroonga Estate) 2012 |
| Schedule 2 | Amendment of Ku-ring-gai Planning Scheme Ordinance |
consideration any response received within 28 days after
the notice is sent.
| (7) | Conservation incentives | |||||||||
| The consent authority may grant consent to development for any purpose of a building that is a heritage item, or of the land on which such a building is erected, even though development for that purpose would otherwise not be allowed by this Part, if the consent authority is satisfied that: | ||||||||||
| ||||||||||
| (8) | For the purposes of paragraph (b) of the definition of heritage item in clause 2 (1), the location and nature of a heritage item is specified in the following Table: | |||||||||
| Table—heritage items | ||||||||||
| ||||||||||
| ||||||||||
| Day Adventist Church |
| 26S | Earthworks | |
|
| State Environmental Planning Policy (Major Development) Amendment | 2012 No 671 |
| (UTS Ku-ring-gai Campus and Wahroonga Estate) 2012 |
| Amendment of Ku-ring-gai Planning Scheme Ordinance | Schedule 2 |
| (2) | Development consent is required for earthworks unless: | |||||||||||||||
| ||||||||||||||||
| (3) | Before granting development consent for earthworks (or for development involving ancillary earthworks), the consent authority must consider the following matters: | |||||||||||||||
| ||||||||||||||||
| Note. The National Parks and Wildlife Act 1974, particularly section 86, deals with harming Aboriginal objects. |
| 26T | Public utility infrastructure | |||
|
| 2012 No 671 | State Environmental Planning Policy (Major Development) Amendment (UTS Ku-ring-gai Campus and Wahroonga Estate) 2012 |
| Schedule 2 | Amendment of Ku-ring-gai Planning Scheme Ordinance |
| (3) | In this clause, public utility infrastructure includes infrastructure for any of the following: | |||||
|
| 26U | Infrastructure development and use of existing buildings of the Crown | |||||
| ||||||
| 26V | Temporary use of land | |||||
|
| (a) | the temporary use will not prejudice the subsequent carrying out of development on the land in accordance with this Part 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 |
| State Environmental Planning Policy (Major Development) Amendment | 2012 No 671 |
| (UTS Ku-ring-gai Campus and Wahroonga Estate) 2012 |
| Amendment of Ku-ring-gai Planning Scheme Ordinance | Schedule 2 |
| (d) | at the end of the temporary use period the site 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 housing estate may exceed 52 days (whether or not consecutive days) in any period of 12 months. |
| (5) | Subclause (3) (d) does not apply to the temporary use of a dwelling as a sales office mentioned in subclause (4). |
Part IIID UTS Ku-ring-gai Campus site
| Division 1 | Preliminary |
| 26W | Application of Part | |||
| ||||
| 26X | Interpretation | |||
|
| 2012 No 671 | State Environmental Planning Policy (Major Development) Amendment (UTS Ku-ring-gai Campus and Wahroonga Estate) 2012 |
| Schedule 2 | Amendment of Ku-ring-gai Planning Scheme Ordinance |
| Instrument | (Local | Environmental | Plans) | Amendment |
Order 2011) unless it is otherwise defined in this Part.
| 26Y | Application of SEPPs |
This Part is subject to the provisions of all State environmental planning policies other than State Environmental Planning Policy No 1—Development Standards.
| Division 2 | Provisions applying to development within UTS Ku-ring-gai Campus site |
| 26Z | Application of Part |
This Part applies with respect to development within the UTS
Ku-ring-gai Campus site.
| 26ZA | Land use zones | |
|
| (a) | Zone R1 General Residential, |
| (b) | Zone R2 Low Density Residential, |
| (c) | Zone B4 Mixed Use, |
| (d) | Zone RE1 Public Recreation, |
| (e) | Zone E1 National Parks and Nature Reserves, |
| (f) | Zone E3 Environmental Management. |
| (2) | 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. |
| 26ZB | Zone R1 General Residential | |
|
| (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, |
| (d) | to provide for development that is compatible with the environmental and heritage qualities of the locality, |
| State Environmental Planning Policy (Major Development) Amendment | 2012 No 671 |
| (UTS Ku-ring-gai Campus and Wahroonga Estate) 2012 |
| Amendment of Ku-ring-gai Planning Scheme Ordinance | Schedule 2 |
| (e) | to promote a high standard of urban and architectural design of development, |
| (f) | to promote the establishment of a sustainable community. |
| (2) | Development for any of the following purposes is permitted without consent in Zone R1 General Residential: home occupations; roads. |
| (3) | Development for any of the following purposes is permitted only with development consent in Zone R1 General Residential: attached dwellings; boarding houses; child care centres; community facilities; dwelling houses; educational facilities; group homes; hostels; multi dwelling housing; neighbourhood shops; places of public worship; recreational facilities (indoor); residential flat buildings; residential care facilities; respite day care centres; semi-detached dwellings; seniors housing; shop top housing. |
| (4) | Except as otherwise provided by this Part, development is prohibited on land within Zone R1 General Residential unless it is permitted by subclause (2) or (3). |
| 26ZC | Zone R2 Low Density Residential | |
|
| (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 in Zone R2 Low Density Residential: home occupations; roads. |
| (3) | Development for any of the following purposes is permitted only with development consent in Zone R2 Low Density Residential: dwelling houses; group homes. |
| (4) | Except as otherwise provided by this Part, development is prohibited on land within Zone R2 Low Density Residential unless it is permitted by subclause (2) or (3). |
| 26ZD | Zone B4 Mixed Use | |
|
| (a) | to provide a mixture of compatible land uses, |
| 2012 No 671 | State Environmental Planning Policy (Major Development) Amendment (UTS Ku-ring-gai Campus and Wahroonga Estate) 2012 |
| Schedule 2 | Amendment of Ku-ring-gai Planning Scheme Ordinance |
| (b) | to integrate suitable business, office, residential, retail and other development so as to maximise public transport patronage and encourage walking and cycling and without adversely impacting on heritage items. |
| (2) | Development for any of the following purposes is permitted only with development consent in Zone B4 Mixed Use: boarding houses; business premises; child care centres; community facilities; educational establishments; entertainment facilities; function centres; hotel or motel accommodation; information and education facilities; kiosks; neighbourhood shops; office premises; passenger transport facilities; recreation facilities (indoor); registered clubs; respite day care centres; retail premises; roads; seniors housing; shop top housing. |
| (3) | Except as otherwise provided by this Part, development is prohibited on land within Zone B4 Mixed Use unless it is permitted by subclause (2). |
| 26ZE | Zone RE1 Public Recreation | |
|
| (a) | to enable land to be used for public open space or recreational purposes, |
| (b) | to provide a range of recreational settings and activities and compatible land uses, |
| (c) | to protect and enhance the natural environment for recreational purposes. |
| (2) | Development for any of the following purposes is permitted without development consent on land within Zone RE1 Public Recreation: |
| car parks; roads. | |
| (3) | Development for any of the following purposes is permitted only with development consent in Zone RE1 Public Recreation: community facilities; kiosks; recreation areas. |
| (4) | Except as otherwise provided by this Part, development is prohibited on land within Zone RE1 Public Recreation unless it is permitted by subclause (2) or (3). |
| State Environmental Planning Policy (Major Development) Amendment | 2012 No 671 |
| (UTS Ku-ring-gai Campus and Wahroonga Estate) 2012 |
| Amendment of Ku-ring-gai Planning Scheme Ordinance | Schedule 2 |
| 26ZF | Zone E1 National Parks and Nature Reserves | |
|
| (a) | to enable the management and appropriate use of land that is reserved under the National Parks and Wildlife Act 1974 or that is 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 development consent on land within Zone E1 National Parks and Nature Reserves: |
| uses authorised under the National Parks and Wildlife Act 1974. | |
| (3) | Except as otherwise provided by this Part, development is prohibited on land within Zone E1 National Parks and Nature Reserves unless it is permitted by subclause (2). |
| 26ZG | Zone E3 Environmental Management | |
|
| (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 development consent on land within Zone E3 Environmental Management: |
| environmental protection works. | |
| (3) | Development for any of the following purposes is permitted only with development consent on land within Zone E3 Environmental Management: |
| dwelling houses; roads. | |
| (4) | Except as otherwise provided by this Part, development for any of the following purposes is prohibited on land within Zone E3 Environmental Management: |
| industries; multi dwelling housing; residential flat buildings; retail premises; seniors housing; service stations; warehouse or |
| 2012 No 671 | State Environmental Planning Policy (Major Development) Amendment (UTS Ku-ring-gai Campus and Wahroonga Estate) 2012 |
| Schedule 2 | Amendment of Ku-ring-gai Planning Scheme Ordinance |
distribution centres; any other development not specified in
subclause (2) or (3).
| 26ZH | Subdivision—consent requirements |
Land within the UTS Ku-ring-gai Campus site may be subdivided, but only with development consent.
| 26ZI | Demolition requires development consent |
The demolition of a building or work on land within the UTS Ku-ring-gai Campus site may be carried out only with development consent.
| 26ZJ | Public utility undertakings excepted |
Development for the purpose of a public utility undertaking that is carried out on land within the UTS Ku-ring-gai Campus site does not require development consent.
| 26ZK | Exceptions to development standards | |
|
| (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. |
| (2) | 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) | 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 (Major Development) Amendment | 2012 No 671 |
| (UTS Ku-ring-gai Campus and Wahroonga Estate) 2012 |
| Amendment of Ku-ring-gai Planning Scheme Ordinance | Schedule 2 |
| (4) | 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 Director-General has been obtained. |
| (5) | In deciding whether to grant concurrence, the Director-General 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 consent to be granted for development that would contravene any of the following: | |||||
|
| 26ZL | Height of buildings | |
|
| (a) | to protect the heritage significance of the UTS Ku-ring-gai Campus main building, |
| 2012 No 671 | State Environmental Planning Policy (Major Development) Amendment (UTS Ku-ring-gai Campus and Wahroonga Estate) 2012 |
| Schedule 2 | Amendment of Ku-ring-gai Planning Scheme Ordinance |
| (b) | to protect the views to the UTS Ku-ring-gai Campus main building. |
| (2) | The height of a building on any land within the UTS Ku-ring-gai Campus site is not to exceed the maximum height shown for the land on the Height of Buildings Map. |
| 26ZM | Interim land use for exhibition and sales office | |||
|
| (a) | the use will not prejudice the subsequent carrying out of development on the land in accordance with this Part and any other applicable environmental planning instrument, and |
| (b) | the use will not adversely impact on any adjoining land or the amenity of the neighbourhood, and |
| (c) | the use and location of any structures related to the use will not adversely impact on environmental attributes, heritage significance, or features of the land, or increase the risk of natural hazards that may affect the land. |
| (3) | In this clause, exhibition and sales office means a building or place, used for house, apartment and land sales, site offices, advisory services, car parking and other associated purposes. |
| 26ZN | Maximum number of dwellings |
The consent authority must not grant development consent for the erection of a dwelling on land within the UTS Ku-ring-gai Campus site if the number of dwellings within that site would exceed 345.
| 26ZO | Controls relating to miscellaneous permissible uses | |
|
If development for the purposes of a kiosk is permitted under this
Part, the gross floor area must not exceed 40 square metres.
| (2) | Neighbourhood shops |
| If development for the purposes of a neighbourhood shop is permitted under this Part, the gross floor area must not exceed 80 square metres. |
| State Environmental Planning Policy (Major Development) Amendment | 2012 No 671 |
| (UTS Ku-ring-gai Campus and Wahroonga Estate) 2012 |
| Amendment of Ku-ring-gai Planning Scheme Ordinance | Schedule 2 |
| (3) | Retail premises |
| If development for the purposes of retail premises is permitted under this Part, the gross floor area must not exceed 80 square metres. |
| 26ZP | Heritage conservation | |
|
| (a) | demolish, dismantle, move or alter the building, work, relic, tree or place, or |
| (b) | damage or remove the relic, or |
| (c) | excavate land for the purpose of discovering, exposing or moving the relic, or |
| (d) | damage or despoil the tree or place, or |
| (e) | erect a building on, or subdivide, land on which the building, work or relic is situated or that comprises the place, or |
| (f) | damage any tree or land on which the building, work or relic is situated or on the land which comprises the place, or |
| (g) | make structural changes to the interior of the building or work, |
except with the consent of the consent authority.
| (2) | The consent authority may grant consent to development for any purpose of a building that is a heritage item, or of the land on which such a building is erected, even though development for that purpose would otherwise not be allowed by this Part, if the consent authority is satisfied that: | |||||||
|
| 2012 No 671 | State Environmental Planning Policy (Major Development) Amendment (UTS Ku-ring-gai Campus and Wahroonga Estate) 2012 |
| Schedule 2 | Amendment of Ku-ring-gai Planning Scheme Ordinance |
| (e) | the proposed development would not have any significant adverse effect on the amenity of the surrounding area. |
| (3) | Consent is not required under this clause if the applicant has notified the consent authority of the proposed development and the consent authority has advised the applicant in writing before any work is carried out that it is satisfied that the proposed development: | |||
| ||||
| (4) | In this clause, heritage item means the building known as the UTS Ku-ring-gai Campus main building, including the gymnasium and footbridge, as shown on the Heritage Map. |
| 26ZQ | Bush fire hazard reduction |
Bush fire hazard reduction work authorised by the Rural Fires
Act 1997 may be carried out on any land without consent.
Note. The Rural Fires Act 1997 also makes provision relating to the carrying out of development on bush fire prone land.
| 26ZR | Infrastructure development and the use of existing buildings of the Crown | |||
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