State Environmental Planning Policy (Major Projects) 2005 (Amendment No 14) (2007-202) [GG No 66 of 11.5.2007, p 2687] (NSW)

2007 No 202

New South Wales

State Environmental Planning Policy

(Major Projects) 2005 (Amendment No

14)

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. (S07/00365-1)

FRANK SARTOR, M.P.,

Minister for Planning

Published in Gazette No 66 of 11 May 2007, page 2687 Page 1

2007 No 202	State Environmental Planning Policy (Major Projects) 2005 (Amendment No
Clause 1	14)

State Environmental Planning Policy (Major Projects)

2005 (Amendment No 14)

under the

Environmental Planning and Assessment Act 1979

1      Name of Policy

This Policy is State Environmental Planning Policy (Major Projects)

2005 (Amendment No 14).

2      Aims of Policy

The aims of this Policy are:

(a)	to identify the land to which this Policy applies as a State significant site under State Environmental Planning Policy (Major Projects) 2005, and
(b)	to establish appropriate zoning and other development controls for that land, and
(c)	to rezone that land for industrial uses, and
(d)	to promote economic development and the creation of employment on that land by allowing development for the purposes of warehouses or distribution centres, light industries, freight transport facilities and depots, and
(e)	to amend Sydney Regional Environmental Plan No 31—Regional Parklands to exclude its operation with respect to that land.

3      Land to which Policy applies

This Policy applies to land shown edged heavy black on Map 7 to Schedule 3 to State Environmental Planning Policy (Major Projects) 2005 (to be inserted by Schedule 1 [2]).

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.

State Environmental Planning Policy (Major Projects) 2005 (Amendment No 2007 No 202

14)   Clause 5

5 Amendment of Sydney Regional Environmental Plan No 31—Regional Parklands

Sydney Regional Environmental Plan No 31—Regional Parklands is amended as set out in Schedule 2.

2007 No 202

State Environmental Planning Policy (Major Projects) 2005 (Amendment No

14)

Schedule 1

Amendment of State Environmental Planning Policy (Major Projects) 2005

Schedule 1

Amendment of State Environmental

Planning Policy (Major Projects) 2005

(Clause 4)

[1]      Schedule 3 State significant sites

Insert at the end of the Schedule (before the maps):

Part 9 Huntingwood West Precinct

Division 1 Preliminary

1      Land to which Part applies

This Part applies to the land identified on Map 7 to this Schedule, referred to in this Schedule as the Huntingwood West Precinct.

2      Interpretation

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.

Division 2 Part 3A projects

3      Part 3A projects

Subdivision of land within the Huntingwood West Precinct, other than a strata title subdivision, a community title subdivision, or a subdivision for any one or more of the following purposes:

(a)	widening a public road,
(b)	making an adjustment to a boundary between lots, being an adjustment that does not involve the creation of a greater number of lots,
(c)	a minor realignment of boundaries that does not create additional lots or the opportunity for additional dwellings,
(d)	a consolidation of lots that does not create additional lots or the opportunity for additional dwellings,
(e)	rectifying an encroachment on a lot,
(f)	creating a public reserve,

State Environmental Planning Policy (Major Projects) 2005 (Amendment No	2007 No 202
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Amendment of State Environmental Planning Policy (Major Projects) 2005 Schedule 1

(g) 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 conveniences.

Division 3

Provisions relating to development within

Huntingwood West Precinct

4      Application of Division

This Division applies with respect to development within the Huntingwood West Precinct and so applies whether or not the development is a project to which Part 3A of the Act applies.

5      Land use zones

(1)

Land within the Huntingwood West Precinct is within Zone IN1

General Industrial.

(2)

The consent authority must take into consideration each of the objectives for development in Zone IN1 General Industrial when determining a development application in respect of land within that zone.

6      Zone IN1 General Industrial

(1) The objectives of Zone IN1 General Industrial are as follows:

(a)	to facilitate development for a wide range of
employment-generating industrial, manufacturing,
warehousing, storage or research purposes, including ancillary office space,
(b)	to ensure development enhances the amenity of the Huntingwood West Precinct by including high quality landscaping, adequate building setbacks, high quality external finishes and the like,
(c)	to encourage employment opportunities,
(d)	to minimise any adverse effect of industry on other land uses.

(2) Development for the purpose of environmental protection works is permitted without development consent on land within Zone IN1 General Industrial.

2007 No 202

State Environmental Planning Policy (Major Projects) 2005 (Amendment No

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Schedule 1

Amendment of State Environmental Planning Policy (Major Projects) 2005

(3)	Development for any of the following purposes is permitted only with development consent on land within Zone IN1 General Industrial:
automotive and motor sport industry related uses; depots; freight transport facilities; light industries; neighbourhood shops; roads; transport depots; truck depots; warehouse or distribution centres.
(4)	Except as otherwise provided by this Policy, development is prohibited on land within Zone IN1 General Industrial unless it is permitted by subclause (2) or (3).

7      Public utility undertakings excepted

Development for the purpose of a public utility undertaking that is carried out on land within the Huntingwood West Precinct does not require development consent.

Note. As a consequence of the removal of the requirement for development consent under Part 4 of the Act, development for the purposes of public utility undertakings is subject to the environmental assessment and approval requirements of Part 5 of the Act or, if it is applicable, Part 3A of the Act.

8      Child care centres

(1)	Despite any other provision of this Policy, a person may, with development consent, carry out development for the purposes of a child care centre on land within the Huntingwood West Precinct.
(2)	The consent authority may grant development consent as referred to in subclause (1) only if it is satisfied that the child care centre is intended to provide services to people working in the area in which the child care centre is located.

9      Additional permitted uses

Despite any other provision of this Policy, a person may, with development consent, carry out development for the following purposes on the following land:

(a)	a tyre repair station on Lot 100, DP 1030393,
(b)	a service station on Lot 101, DP 1030393.

State Environmental Planning Policy (Major Projects) 2005 (Amendment No	2007 No 202
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Amendment of State Environmental Planning Policy (Major Projects) 2005 Schedule 1

10      Subdivision—consent requirements

(1)

Land within the Huntingwood West Precinct 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)	making an adjustment to a boundary between lots, being an adjustment that does not involve the creation of a greater number of lots,
(c)	a minor realignment of boundaries that does not create additional lots or the opportunity for additional dwellings,
(d)	a consolidation of lots that does not create additional lots or the opportunity for additional dwellings,
(e)	rectifying an encroachment on a lot,
(f)	creating a public reserve,
(g)	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 conveniences.

11      Design

The consent authority must not grant consent to development on land within the Huntingwood West Precinct unless it is satisfied that:

(a)	the development is of a high quality design, and
(b)	a variety of materials and external finishes for the external facades are incorporated, and
(c)	high quality landscaping is provided, and
(d)	the scale and character of the development is compatible with other employment-generating development in the Huntingwood West Precinct.

2007 No 202

State Environmental Planning Policy (Major Projects) 2005 (Amendment No

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Schedule 1

Amendment of State Environmental Planning Policy (Major Projects) 2005

12      Height of buildings

The consent authority must not grant consent to development on land within the Huntingwood West Precinct unless it is satisfied that building heights will not adversely impact on the amenity of adjacent residential areas, taking site topography into consideration.

13 Public utility infrastructure

(1)

The consent authority must not grant consent to development on land within the Huntingwood West Precinct unless it 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.

(2)

In this clause, public utility infrastructure includes infrastructure

for any of the following:

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

(3) This clause does not apply to development for the purpose of providing, extending, augmenting, maintaining or repairing any public utility infrastructure referred to in this clause.

Division 4 Miscellaneous

14      Relationship with other environmental planning instruments

(1)

This Policy and all other State environmental planning policies apply, according to their terms, to land within the Huntingwood West Precinct.

(2)

Blacktown Local Environmental Plan 1988 does not apply to

land within the Huntingwood West Precinct.

15      Consent authority

The consent authority for development on land within the Huntingwood West Precinct, other than development that is a project to which Part 3A of the Act applies, is Blacktown City Council.

State Environmental Planning Policy (Major Projects) 2005 (Amendment No	2007 No 202
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Amendment of State Environmental Planning Policy (Major Projects) 2005 Schedule 1

16      Exempt and complying development

Development within the Huntingwood West Precinct that satisfies the requirements for exempt development or complying development contained in Blacktown Local Environmental Plan 1988 is exempt development or complying development, as appropriate.

17      Suspension of covenants, agreements and instruments

(1)

For the purpose of enabling development on land within any zone to be carried out in accordance with this Policy or with a consent granted under the Act, any agreement, covenant or similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose.

(2)

Nothing in subclause (1) affects the rights or interests of any

public authority under any registered instrument.

(3)

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

clause, the Governor approved of subclauses (1) and (2).

18      Savings provision

(1)	In this clause, relevant order means the order made under section 75B (1) of the Act and published in Gazette No 117 of 15 September 2006 at page 8077.
(2)	Anything done under Part 3A of the Act in reliance on the declaration of development as a project to which Part 3A of the Act applies by the relevant order is not affected by the repeal of that order.
(3)	Subclause (2) has effect only to the extent that the development referred to in that subclause is development referred to in clause 3 of Division 2 of this Part.

2007 No 202

State Environmental Planning Policy (Major Projects) 2005 (Amendment No

14)

Schedule 1

Amendment of State Environmental Planning Policy (Major Projects) 2005

[2]      Schedule 3

Insert at the end of the Schedule:

Map 7—Schedule 3—Huntingwood West Precinct

State Environmental Planning Policy (Major Projects) 2005 (Amendment No	2007 No 202
14)

Amendment of Sydney Regional Environmental Plan No 31—Regional	Schedule 2
Parklands

Schedule 2

Amendment of Sydney Regional

Environmental Plan No 31—Regional

Parklands

(Clause 5)

[1]      Clause 2 Land to which plan applies

Insert in appropriate order in clause 2 (1A):

State Environmental Planning Policy (Major Projects) 2005

(Amendment No 14)—Huntingwood West

[2]      Dictionary

Insert in appropriate order in the definition of the map:

State Environmental Planning Policy (Major Projects) 2005

(Amendment No 14)—Huntingwood West

BY AUTHORITY