State Environmental Planning Policy (Major Projects) 2005 (Amendment No 10) (2006-665) [GG No 135 of 10.11.2006, p 9515] (NSW)

2006 No 665

New South Wales

State Environmental Planning Policy

(Major Projects) 2005 (Amendment

No 10)

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 Planning. (S06/00623)

FRANK SARTOR, M.P.,

Minister for Planning

Published in Gazette No 135 of 10 November 2006, page 9515 Page 1

2006 No 665	State Environmental Planning Policy (Major Projects) 2005 (Amendment
Clause 1	No 10)

State Environmental Planning Policy (Major Projects)

2005 (Amendment No 10)

under the

Environmental Planning and Assessment Act 1979

1      Name of Policy

This Policy is State Environmental Planning Policy (Major Projects)

2005 (Amendment No 10).

2      Aims of Policy

The aims of this Policy are:

(a)	to identify the land to which this Plan applies as a State significant site under the State Environmental Planning Policy (Major Projects) 2005, and
(b)	to establish appropriate zoning and other development controls for that land, and
(c)	to protect with environmental protection zoning those parts of the land that have been identified as having a high conservation value, and
(d)	to zone parts of the land for future urban development and special uses, and
(e)	to establish ecological buffers between that future urban development and high conservation value land, and
(f)	to establish other buffers between the future urban development and agricultural land.

3      Land to which Policy applies

This Policy applies to certain land at Kings Forest in the local government area of Tweed, as shown edged heavy black on Map 4 to Schedule 3 to State Environmental Planning Policy (Major Projects) 2005 (to be inserted by Schedule 1 [4] to this Policy).

4      Amendment of State Environmental Planning Policy (Major Projects) 2005

State Environmental Planning Policy (Major Projects) 2005 is amended as set out in Schedule 1.

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Amendments Schedule 1

Schedule 1 Amendments

(Clause 4)

[1]      Clause 16

Omit the clause. Insert instead:

16 Savings and transitional provision

Despite clause 6 (3), the amendments made to this Policy by the following Policies extend to project applications under Part 3A of the Act, and development applications under Part 4 of the Act, made but not finally determined before the commencement of those amendments:

State Environmental Planning Policy (Major Projects) 2005

(Amendment No 7)

State Environmental Planning Policy (Major Projects) 2005

(Amendment No 10)

[2]      Schedule 3 State significant sites

Omit “Part 3 The Redfern–Waterloo Authority Sites”.

Insert instead “Part 5 The Redfern–Waterloo Authority Sites”.

[3]      Schedule 3

Insert (with appropriate numbering) at the end of the Schedule (before the maps):

Part Kings Forest site

1      Definitions

In this Part:

agricultural buffer means an area within the Kings Forest site

indicated by distinctive marking as “Agricultural Buffer—150m”

on the Zoning Map.

ecological buffer means an area within the Kings Forest site

indicated by distinctive marking as “Ecological Buffer—50m”

on the Zoning Map.

Kings Forest site means the land at Kings Forest as shown edged

heavy black on Map 4 to this Schedule.

native vegetation has the same meaning as in the Native

Vegetation Act 2003.

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State Environmental Planning Policy (Major Projects) 2005 (Amendment

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Zoning Map means the map marked “State Environmental Planning Policy (Major Projects) 2005 (Amendment No 10)— Kings Forest—Zoning Map”.

2      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 from time to time by maps declared by environmental planning instruments to amend 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.

3      Application of Part

(1)

Subject to subclauses (2) and (3), this Part applies with respect to development within the Kings Forest site and so applies whether or not the development is a project to which Part 3A of the Act applies.

(2)

This Part does not apply to the land comprising Lot 19, DP 112061 unless and until that land has been vacant for one continuous period of 12 months, being a period that commences on or after the commencement of this Part.

(3)

Nothing in this Part applies to or with respect to development for

the purposes of a public utility undertaking.

Note. Development for the purposes of a public utility undertaking may, by operation of another Schedule to this Policy, be a project to which Part 3A of the Act applies.

4      Land use zones and objectives

(1) For the purposes of this Policy, land within the Kings Forest site is in a zone specified below if the land is shown on the Zoning Map as being within that zone:

(a)	Zone 2 (c) Urban Expansion,
(b)	Zone 5 (a) Special Uses,

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(c)	Zone 7 (a) Environmental Protection (Wetlands and Littoral Rainforests),
(d)	Zone 7 (l) Environmental Protection (Habitat).

(2)	Subject to the other provisions of this Part, the provisions of Tweed Local Environmental Plan 2000, as in force at the commencement of this clause, apply to land within a zone in the same way as they apply to land within a zone of the same name under that Plan and so apply as if those provisions were provisions of this Policy.
(3)	The consent authority must have regard to the objectives for development in a zone within the Kings Forest site when determining a development application in respect of land within that zone.

5      Zone 2 (c)

(1) Subdivision

Subdivision of land within Zone 2 (c) is permitted with consent regardless of the size of each allotment to be created by the subdivision.

(2)	Dwelling houses
Development for the purposes of a dwelling house is permitted with consent on land within Zone 2 (c) regardless of the size of the allotment on which the house is to be located.

6      Zones 7 (a) and 7 (l)

(1) Subdivision that is permitted

Subdivision of land within Zone 7 (a) or 7 (l) is permitted with consent if the subdivision is for one or more of the following purposes:

(a)	making an adjustment to a boundary between lots, being an adjustment that does not involve the creation of a greater number of lots,
(b)	a minor realignment of boundaries to reflect the zone boundaries, being a realignment that does not involve the creation of a greater number of lots.

(2)	Other subdivision
Subdivision of land within Zone 7 (a) or 7 (l) for any other purpose is prohibited.

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(3)	Temporary development
The consent authority must not consent to development on land within Zone 7 (a) or 7 (l) for which consent may be granted under Tweed Local Environmental Plan 2000 only because the development is carried out for not more than 14 days, whether consecutive or not, in any one year.
(4)	Dwelling houses
Development for the purposes of a dwelling house is prohibited on land within Zone 7 (l).
(5)	Earthworks
Development for the purposes of earthworks is permitted with consent on land within Zone 7 (l), but only if the applicant for consent has demonstrated to the consent authority’s satisfaction that:
(a) the development is necessary for any one of the following reasons:

(i)      it needs to be in the locality in which it is proposed to be carried out due to the nature, function or service catchment of the development,

(ii)      it meets an identified urgent community need,

(iii)      it comprises a major employment generator, and

(b)	there is no other appropriate site on which the development is permitted with consent (other than as advertised development) in reasonable proximity, and
(c)	the development is generally consistent with the scale and character of existing and future lawful development in the immediate area, and
(d)	the development is consistent with the aims of Tweed Local Environmental Plan 2000 (to the extent that those aims are consistent with this Policy) and at least one of the objectives of Zone 7 (l).

7      Ecological buffers

(1) Consent must not be granted to development on land within an ecological buffer unless the consent authority is satisfied, after considering a detailed environmental assessment, that:

(a)	the development complies with the objectives for ecological buffers and other provisions of this clause, and
(b)	there is no practicable alternative to siting the development within the buffer.

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(2)

The objectives for ecological buffers are:

(a)	to protect wetlands or areas of particular habitat significance, and
(b)	to restrict development so that, as far as practicable, it does not occur within ecological buffers, and
(c)	to help ensure that development is designed, sited and managed so as to minimise its impact on the ecological and hydrological functions of ecological buffers, and
(d)	to encourage the restoration and maintenance of native vegetation and the ecological processes of land within and adjacent to wetlands or areas of particular habitat significance.

(3)

Development on land within an ecological buffer is to:

(a)	incorporate effective measures to manage wetlands or areas of particular habitat significance, and
(b)	be designed and sited to maintain connectivity of vegetation and minimise vegetation clearing, soil disturbance and alterations to the rate, volume or quality of surface and ground-water flows, and
(c)	retain and maintain all existing native vegetation outside the area immediately required for the development, and
(d)	incorporate measures to regenerate native vegetation for all disturbed areas within the buffer, and
(e)	incorporate appropriate stormwater and erosion control measures to protect the buffer from surface water run-off or other disturbance.

(4)

When considering whether or not there is a practicable alternative to siting development inside an ecological buffer, the consent authority must consider:

(a)	the design, type and site cover of the proposed development, and
(b)	the physical characteristics of the land on which the development is proposed to be carried out, and
(c)	the suitability of the land for the proposed development.

(5)

Before deciding whether or not to grant consent to development on land within an ecological buffer, the consent authority must consult the Department.

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8      Agricultural buffers

Consent must not be granted to development on land within an agricultural buffer unless the consent authority:

(a)	has considered the potential impact of the proposed development on agricultural activities on land adjoining the buffer and of those agricultural activities on future occupiers of land within the buffer, and
(b)	has consulted the Department of Primary Industries.

9      Complying development

For the purposes of determining whether development within the Kings Forest site is complying development, the provisions in Tweed Development Control Plan No 40 (as adopted by Tweed Shire Council on 6 October 2004) relating to single dwelling houses, or to development ancillary to single dwelling houses, are taken not to apply to the Kings Forest site.

10      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 Kings Forest site are as follows:

(a)	in the case of development that is a project to which Part 3A of the Act applies—this Policy and all other State environmental planning policies otherwise applicable to the land, except State Environmental Planning Policy No 1—Development Standards,
(b)	in the case of all other development—all environmental planning instruments otherwise applicable to the land, except State Environmental Planning Policy No 1— Development Standards, but only to the extent that those instruments are not inconsistent with this Policy.

State Environmental Planning Policy (Major Projects) 2005 (Amendment	2006 No 665
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Amendments Schedule 1

[4]      Schedule 3

Insert at the end of the Schedule:

Map 4—Schedule 3—Kings Forest

BY AUTHORITY