State Environmental Planning Policy (Major Projects) 2005 (Amendment No 22) (2008-557) Gazette No 155 of 5 December 2008, page 11754 (NSW)

2008 No 557

New South Wales

State Environmental Planning Policy

(Major Projects) 2005 (Amendment

No 22)

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. (S07/00744-1)

KRISTINA KENEALLY, M.P.,

Minister for Planning

Published in Gazette No 155 of 5 December 2008, page 11754 Page 1

2008 No 557	State Environmental Planning Policy (Major Projects) 2005 (Amendment
Clause 1	No 22)

State Environmental Planning Policy (Major Projects)

2005 (Amendment No 22)

under the

Environmental Planning and Assessment Act 1979

1      Name of Policy

This Policy is State Environmental Planning Policy (Major Projects)

2005 (Amendment No 22).

2      Aims of Policy

The aims of this Policy are:

(a)	to identify the land to which this Policy applies (being the Greystanes Southern Employment Lands site) 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 a business park and for light industrial uses, and
(d)	to promote economic development and the creation of employment on that land by allowing development for the purposes of light industries, warehouses, distribution centres and other related land uses, passenger transport facilities and depots.

3      Land to which Policy applies

This Policy applies to the land identified on the State Environmental Planning Policy (Major Projects) 2005 (Amendment No 22)— Greystanes Southern Employment Lands Site—Land Application Map held in the head office of the Department.

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 2008 No 557

No 22) Clause 5

5      Amendment of other environmental planning instruments

Each environmental planning instrument specified in Schedule 2 is amended as set out in that Schedule.

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Schedule 1

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Schedule 1

Amendment of State Environmental

Planning Policy (Major Projects) 2005

(Clause 4)

[1]      Clause 10B Exempt and complying development

Insert at the end of the clause:

(2) Development specified in Schedule 9 is complying development.

[2]      Schedule 3 State significant sites

Insert in appropriate order in the Schedule:

Part 22 Greystanes Southern Employment Lands

site

Division 1 Preliminary

1      Land to which Part applies

This Part applies to the land shown edged heavy black on the Land Application Map, being the Greystanes Southern Employment Lands site (referred to in this Schedule as the Greystanes SEL site).

2      Interpretation

(1)

In this Part and in Part 2 of Schedule 8:

Additional Permitted Uses Map means the State Environmental

Planning Policy (Major Projects) 2005 (Amendment No 22)—

Greystanes Southern Employment Lands Site—Additional

Permitted Uses Map.

associated office premises means premises associated with

development on land within Zone IN2 Light Industrial for

another purpose permitted by clause 8 (2) or (3).

consent authority means the relevant council.

Land Application Map means the State Environmental Planning

Policy (Major Projects) 2005 (Amendment No 22)—Greystanes

Southern Employment Lands Site—Land Application Map.

Land Zoning Map means the State Environmental Planning

Policy (Major Projects) 2005 (Amendment No 22)—Greystanes

Southern Employment Lands Site—Land Zoning Map.

relevant council, in relation to land, means the Council of the

local government area in which the land is situated.

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(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.

3      Relationship with other environmental planning instruments

The only environmental planning instruments that apply, according to their terms, to land within the Greystanes SEL site are this Policy and all other State environmental planning policies, except State Environmental Planning Policy No 1— Development Standards and State Environmental Planning Policy No 59—Central Western Sydney Economic and Employment Area.

4      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.

Division 2

Provisions relating to development within

Greystanes SEL site

5      Application of Division

(1)

This Division applies to development on land in the Greystanes

SEL site, except as provided by subclause (2).

(2)

Clauses 7, 8, 9, 11 and 20–26 do not apply to development within the Greystanes SEL 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 Division, land within the Greystanes SEL site is in a zone as follows if the land is shown on the Land Zoning Map as being within that zone:

(a)	Zone B7 Business Park,
(b)	Zone IN2 Light Industrial.

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 B7 Business Park

(1) The objectives of Zone B7 Business Park are as follows:

(a)	to provide a range of office and research and development uses,
(b)	to encourage employment opportunities,
(c)	to enable other land uses that provide facilities or services to meet the day to day needs of workers in the area,
(d)	to service the site by providing for a variety of commercial and retail facilities.

(2)	Development for the purpose of environmental protection works is permitted without development consent on land within Zone B7 Business Park.
(3)	Development for any of the following purposes is permitted only with development consent on land within Zone B7 Business Park:
business premises; car parks; child care centres; community facilities; food and drink premises; function centres; light industries; neighbourhood shops; office premises; passenger transport facilities; pubs; recreation facilities (indoor); restaurants; retail premises; roads; service stations; supermarkets, transport depots; truck depots; vehicle repair stations; warehouses or distribution centres.
(4)	Except as otherwise provided by this Division, development is prohibited on land within Zone B7 Business Park unless it is permitted by subclause (2) or (3).

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9      Zone IN2 Light Industrial

(1) The objectives of Zone IN2 Light Industrial are as follows:

(a)	to provide a wide range of light industrial, warehouse and related land uses,
(b)	to encourage employment opportunities,
(c)	to minimise any adverse effect of industry on other land uses,
(d)	to enable other land uses that provide facilities or services to meet the day to day needs of workers in the area,
(e)	to facilitate employment-generating development for a wide range of purposes, including light industry, technology-based industry, manufacturing, warehousing, storage and research.

(2)	Development for the purpose of environmental protection works is permitted without development consent on land within Zone IN2 Light Industrial.
(3)	Development for any of the following purposes is permitted only with development consent on land within Zone IN2 Light Industrial:
associated office premises; child care centres; depots; freight transport facilities; hotel accommodation (on land shown on the Additional Permitted Uses Map); landscape and garden supplies; light industries; materials recycling or recovery centres; neighbourhood shops; roads; passenger transport facilities; take away food and drink premises; timber and building supplies; vehicle repair stations; warehouses or distribution centres.
(4)	Except as otherwise provided by this Division, development is prohibited on land within Zone IN2 Light Industrial unless it is permitted by subclause (2) or (3).

10      Prohibited development

Development, other than development that is permitted with or without consent on land within a zone, is prohibited on land within that zone.

11      Subdivision

(1)

Land within the Greystanes SEL site may be subdivided, but only

with development consent.

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(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 buildings,
(d)	a consolidation of lots that does not create additional lots or the opportunity for additional buildings,
(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.

12      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 the 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.

13      Height of buildings

The height of a building on any land:

(a)	within Zone B7 Business Park must not exceed 25 metres, and
(b)	within Zone IN2 Light Industrial must not exceed 15 metres,

measured from ground level (finished).

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14 Gross floor area

(1) The total gross floor area of all buildings on land within Zone B7 Business Park must not exceed 104,000 square metres, and within that amount:

(a)	the total gross floor areas of all buildings, other than those buildings included in paragraph (b), must not exceed 97,500 square metres, and
(b)	the total gross floor area of all retail premises, service stations and vehicle repair stations must not exceed 6,500 square metres, and within that amount the gross floor area of all pubs must not exceed 2,500 square metres and the gross floor area of all supermarkets must not exceed 2,000 square metres, and
(c)	any building containing office premises must have a minimum gross floor area of 3,000 square metres.

(2)

The following gross floor area requirements apply to buildings on

land within Zone IN2 Light Industrial:

(a)	if the boundary of that land at every point is less than 400 metres from a bus stop, no more than 50% of the gross floor area of the buildings on that land may be used for the purpose of associated office premises,
(b)	if the boundary of that land at every point is 400 metres or more from a bus stop, no more than 30% of the gross floor area of the buildings on that land may be used for the purpose of associated office premises.

15 Floor space ratio

The floor space ratio for any building on land within Zone IN2

Light Industrial must not exceed 0.75:1.

16      Hotel accommodation

Despite any other provision of this Division, the following requirements apply to development for the purpose of hotel accommodation on land to which this Division applies:

(a)	the gross floor area must not exceed 5,000 square metres,
(b)	the height must not exceed 25 metres measured from ground level (finished),
(c)	the floor space ratio must not exceed 1:1.

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17      Child care centres

The following requirements apply to development for the purposes of a child care centre on land to which this Division applies:

(a)	the development must be intended to primarily provide services to people working in the area in which the child care centre is located,
(b)	the development must provide no more than 40 child care places,
(c)	the development must have an internal play area of at least 130 square metres and an external play area of at least 280 square metres.

18      Car parking in new or existing buildings

(1)

Development for the purpose of erecting a new building, or altering an existing building that increases the gross floor area of the building, being a building that is to be used for a purpose set out in Column 1 of the Table to this clause, must make provision for the car parking set out opposite that purpose in Column 2 of the Table.

(2)

For the purposes of this clause, the following are to be included

as part of a building’s gross floor area:

(a)	any area of the building that is used for car parking and is at or above existing ground level,
(b)	any area of the building that is used for car parking below existing ground level, except where the car parking is provided as required by this clause.

(3)

Council owned public car parking is not to be included as part of

a building’s gross floor area.

Table

Column 1	Column 2
Proposed use of	Number of parking spaces required

building

Light industry

1 parking space to be provided for every

77 square metres of gross floor area

Office premises

1 parking space to be provided for every

40 square metres of gross floor area

Retail

1 parking space to be provided for every

20 square metres of gross floor area

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Column 1	Column 2
Proposed use of	Number of parking spaces required
building
Warehouses or	1 parking space to be provided for every
distribution centres	300 square metres of gross floor area

19      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 Greystanes SEL 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.

20      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

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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 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)

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).

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(8) This clause does not allow consent to be granted for development that would contravene a development standard for complying development.

21      Design excellence

(1)	Consent must not be granted to development involving the erection of a new building or external alterations to an existing building unless the consent authority has considered whether the proposed building exhibits design excellence.
(2)	In considering whether the proposed building exhibits design excellence, the consent authority must have regard to the following matters:

(a)	whether a high standard of architectural design, materials and detailing appropriate to the building type and location will be achieved,
(b)	whether the form and external appearance of the building will improve the quality and amenity of the public domain,
(c)	whether the building will meet sustainable design principles in terms of sunlight, natural ventilation, wind, reflectivity, visual and acoustic privacy, safety and security and resource, energy and water efficiency, and in accordance with any development control plan applying to the site area for the building.

22      Architectural roof features

(1) The objectives of this clause are:

(a)	to ensure that architectural roof features to which this clause applies are decorative elements only, and
(b)	to ensure that the majority of the roof features are contained within the prescribed building height.

(2) Development that includes an architectural roof feature that exceeds, or causes a building to exceed, the height limits set by clause 13 may be carried out, but only with consent.

(3) Development consent must not be granted to any such development unless the consent authority is satisfied that:

(a)

the architectural roof feature:

(i)	comprises a decorative element on the uppermost portion of a building, and
(ii)	is not an advertising structure, and

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(iii)      does not include floor space area and is not reasonably capable of modification to include floor space area, and

(iv)      will cause minimal overshadowing, and

(b) any building identification signage or equipment for servicing the building (such as plant, lift motor rooms, fire stairs and the like) contained in or supported by the roof feature is fully integrated into the design of the roof feature.

23 Public utility infrastructure

(1)

Consent must not be granted to development on land within the Greystanes SEL site 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.

(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.

24      Exempt development

Note. Under section 76 of the Act, exempt development may be carried out without the need for development consent under Part 4 of the Act or for assessment under Part 5 of the Act.

Under the section, exempt development:

(a)	must be of minimal environmental impact, and
(b)	cannot be carried out in critical habitat of an endangered species, population or ecological community (identified under the Threatened Species Conservation Act 1995 or the Fisheries Management Act 1994), and
(c)	cannot be carried out in a wilderness area (identified under the Wilderness Act 1987).

(1)

The objective of this clause is to identify development of minimal

environmental impact as exempt development.

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(2)

Development specified in Part 2 of Schedule 8 that meets the standards for the development contained in that Part and that complies with the requirements of this Division is exempt development.

(3)

To be exempt development, the development:

(a)	must meet the relevant deemed-to-satisfy provisions of the Building Code of Australia, and
(b)	must not, if it relates to an existing building, cause the building to contravene the Building Code of Australia, and
(c)	must not be designated development, and
(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, and
(e)	must not be carried out in an environmentally sensitive area for exempt or complying development (as defined in clause 26).

(4)

Development that relates to an existing building that is classified under the Building Code of Australia as class 1b or class 2–9 is exempt development only if:

(a)	the building has a current fire safety certificate or fire safety statement, or
(b)	no fire safety measures are currently implemented, required or proposed for the building.

25      Complying development

Note. Under section 76A of the Act, development consent for the carrying out of complying development may be obtained by the issue of a complying development certificate.

Under the section, development cannot be complying development if:

(a)	it is on land that is critical habitat of an endangered species, population or ecological community (identified under the Threatened Species Conservation Act 1995 or the Fisheries Management Act 1994), or
(b)	it is on land within a wilderness area (identified under the Wilderness Act 1987), or
(c)	the development is designated development, or
(d)	the development is on land that comprises, or on which there is, an item of environmental heritage (that is listed on the State Heritage Register or that is subject to an interim heritage order under the Heritage Act 1977), or
(e)	the development requires concurrence (except a concurrence of the Director-General of the Department of Environment and

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Climate Change in respect of development that is likely to significantly affect a threatened species, population, or ecological community, or its habitat (identified under the Threatened Species Conservation Act 1995), or

(f) the development is on land identified as an environmentally sensitive area.

(1)

The objective of this clause is to identify development as

complying development.

(2)

Development specified in Part 1 of Schedule 9 that is carried out

in compliance with:

(a)	the development standards specified in that Part, and
(b)	the requirements of this Division,

is complying development.

(3)

To be complying development, the development must:

(a)	be permissible, with consent, in the zone in which it is carried out, and
(b)	meet the relevant deemed-to-satisfy provisions of the Building Code of Australia, and
(c)	have an approval, if required by the Local Government Act 1993, from the relevant Council for an on-site effluent disposal system if the development is undertaken on unsewered land.

26      Environmentally sensitive areas excluded

(1)

Exempt or complying development must not be carried out on any environmentally sensitive area for exempt or complying development.

(2)

For the purposes of this clause:

environmentally sensitive area for exempt or complying

development means any of the following:

(a)	land identified in this or any other environmental planning instrument as being of high Aboriginal cultural significance or high biodiversity significance,
(b)	land reserved as a State conservation area under the National Parks and Wildlife Act 1974,
(c)	land reserved or dedicated under the Crown Lands Act 1989 for the preservation of flora, fauna, geological formations or for other environmental protection purposes,

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(d) land identified as being critical habitat under the Threatened Species Conservation Act 1995 or Part 7A of the Fisheries Management Act 1994.

27      Suspension of covenants, agreements and instruments

(1)	For the purpose of enabling development on land within the Greystanes SEL site to be carried out in accordance with this Policy or with a 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 a relevant Council or that a relevant Council requires to be imposed, or
(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.

(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).

[3]      Schedule 8 Exempt development

Omit “(Clause 10B)”. Insert instead:

(Clause 10B (1) and Schedule 3)

Part 1 Sydney Cricket Ground

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[4]      Schedule 8, Part 2

Insert after clause 1:

Part 2 Greystanes SEL site

1 Access ramps

(1)

Maximum height of less than 1m above ground level (existing).

(2)

Located behind the building line to any street frontage and at least

900mm from the side boundary.

(3)

Maximum grade 1:14 (vertical: horizontal).

2      Air conditioning units

(1)

Attached to an external wall or mounted on the ground.

(2)

Located at least 3m from property boundaries and behind

required street setback to any street frontage.

(3)

Must not affect the structural integrity of the section of the

building affected by the installation of the unit.

(4)

Any opening created by the installation must be adequately weather-proofed and the required fire-rating must not be reduced.

3      Awnings, canopies and storm blinds

(1)	Attached to a building.
(2)	Maximum area 10m2.
(3)	Located behind building line to any street frontage.
(4)	Located at least 900mm from property boundaries.
(5)	Installed to manufacturer’s specifications.

4      Barbecue

(1)	Located at least 900mm from property boundaries.
(2)	Located behind building line to any street frontage.
(3)	Maximum height 2.1m above ground level (existing).
(4)	Maximum area of base 4m2.

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5      Change of use

(1)

Change of use from a shop to another shop or an office to another

office.

(2)

Must be an existing legal use.

(3)

The proposed use:

(a)	must not involve a change of class of building as defined in the Building Code of Australia, and
(b)	must comply with the conditions of any existing consent for the use of the building or land, and
(c)	must not involve displaying or selling or rendering accessible or available to the public a category 1 restricted publication, category 2 restricted publication or a RC publication (within the meaning of the Classification (Publications, Films and Computer Games) Act 1995 of the Commonwealth), and
(d)	must not involve displaying or selling any article, material, compound, preparation, device or other thing that is primarily concerned with, or is used or intended to be used in connection with, sexual behaviour but is not printed material, and
(e)	must not operate outside the hours in which the existing use operates, and
(f)	must not attract additional car parking requirements.

(4)

The curtilage of a shop or office must not be used for storage or

display purposes.

6      Decks

(1)

Maximum area of deck 20m2.

(2)

Located behind the building line to any street frontage.

(3)

Located at least 3m from property boundaries.

(4)

Deck must not be roofed.

(5)

Maximum height 500mm above ground level to top of deck with

balustrade height not exceeding 1.2m above top of deck.

7      Demolition of a building

(1) Relevant Council has consented to demolition or an order to demolish has been issued by the relevant Council under section 124 of the Local Government Act 1993.

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(2)

Erected as exempt development (whether before or after this

Policy took effect).

(3)

Carried out in accordance with Australian Standard AS 2601—

2001, Demolition of structures.

(4)

All work involving asbestos cement must comply with the WorkCover Authority’s safety guidelines and requirements for work involving asbestos contained in its publication Working with Asbestos Guide 2008.

(5)

All work involving lead paint removal must not cause soil or air

contamination.

8      Driveways and pathways

(1)

Only one driveway per lot.

(2)

Must be structurally sound, of stable construction and adequately

reinforced.

(3)

Must not be elevated or suspended above ground level (finished).

(4)

Must not redirect stormwater or surface water onto adjoining

property.

(5)

Must comply with any policy of the relevant Council on

maximum gradients and transitions that applies to the site.

9      Earthworks and landfill

(1)

Only clean fill to be used.

(2)

Maximum depth of 200mm of fill from ground level (finished).

(3)

Must not redirect stormwater or surface water onto adjoining

property.

10      Fences

(1)

Maximum height 1.2m above ground level (existing) if located at

least 3m from the front boundary and of open construction.

(2)

Maximum height 1.8m above ground level (existing) for all other

fences if located behind the street setback area.

(3)

Must not contain barbed wire.

11      Flag poles

(1)

Maximum height 6m above ground level (existing) and located at

least 7m from boundaries.

(2)

Only one per lot.

State Environmental Planning Policy (Major Projects) 2005 (Amendment	2008 No 557
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(3) Structurally adequate and installed to manufacturer’s

specifications.

12      Hoardings

(1)

All care must be taken to safeguard the general public.

(2)

Vertical height above footpath level of the structure being

demolished or erected must be less than 4m.

(3)

Must be constructed of solid materials to a height not less than

2.4m above the footpath or thoroughfare.

(4)

Must not encroach onto public footpath or thoroughfare.

(5)

Must be in accordance with Australian Standard AS 1319—

1994, Safety signs for the occupational environment.

(6)

Must be structurally adequate.

(7)

Must be of a temporary nature and be for less than 12 months.

13      Private electricity service pole/post

Must comply with specifications for electricity distributors in the Service and Installation Rules of New South Wales published by the Department of Water and Energy (as referred to in the Code of Practice (Electricity) Service and Installation Rules of New South Wales, December 2007, published by that Department).

14      Rainwater tanks

(1)	Minimum 900mm from property boundaries.
(2)	Located behind the front building alignment.
(3)	Maximum height of 1.8m from ground level.
(4)	Overflow must be directed into a suitable stormwater system.
(5)	Must not exceed 1,000L.
(6)	Must be installed on a solid base.

(7) Must be installed in accordance with manufacturer’s

specifications.

15      Replacement or repair of existing roof and walls to buildings, carports or garages

(1)

Must not alter existing window or door openings or their location

and size.

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State Environmental Planning Policy (Major Projects) 2005 (Amendment

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Amendment of State Environmental Planning Policy (Major Projects) 2005

(2)

Must use materials other than masonry with a low reflectivity

index and of equivalent or improved quality.

(3)

Must not involve a structural alteration.

(4)

Must not change roof height, pitch or profile.

(5)

Must direct all stormwater to a suitable system.

(6)

Must comply with the WorkCover Authority’s safety guidelines and requirements for work involving asbestos contained in its publication Working with Asbestos Guide 2008.

16      Retaining walls

(1)	Maximum height 900mm above or below ground level (existing).
(2)	Located at least 900mm from any property boundary.
(3)	Must be structurally adequate for the intended purpose.

(4) Timber walls, must comply with Australian Standard AS 1720.2—2006, Timber structures—Timber properties.

17      Roof ventilators and skylight roof windows

(1)

Maximum area 3m2.

(2)

Building work must not reduce the structural integrity of the building or involve structural alterations and must be structurally adequate.

(3)

Located at least 900mm from property boundaries or 900mm

from a separating wall between 2 buildings.

(4) Must be installed in accordance with manufacturer’s

specifications.

(5) Any opening created by the installation must be adequately weatherproofed and the required fire rating must not be reduced.

18      Satellite dishes

(1)	Must be roof or rear yard mounted.
(2)	Maximum diameter 1.5m.
(3)	Building work must not reduce the structural integrity of the building or involve structural alterations and must be structurally adequate.
(4)	One only per lot.

State Environmental Planning Policy (Major Projects) 2005 (Amendment	2008 No 557
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Amendment of State Environmental Planning Policy (Major Projects) 2005 Schedule 1

(5)

Maximum height 1.8m from the roof level on which it is

mounted.

(6)

Installed to manufacturer’s specifications.

19      Scaffolding

(1)

Must not encroach onto footpath or public thoroughfare.

(2)

Must have sufficient structural strength to withstand and be

impenetrable to impact of falling rubble.

(3)

Must enclose the work area.

(4)

Must comply with the following standards:

(a)	AS/NZS	1576.1:1995,	Scaffolding—General
requirements,

(b) AS 1576.2—1991, Scaffolding—Couplers and

accessories,

(c)	AS/NZS 1576.3:1995, Scaffolding—Prefabricated and tube-and-coupler scaffolding,
(d)	AS 1576.4—1991, Scaffolding—Suspended scaffolding,
(e)	AS/NZS 1576.5:1995, Scaffolding—Prefabricated

splitheads and trestles.

(5)

Must be removed immediately after conclusion of the purpose for

which it was initially provided.

(6)

Removal must not result in the area becoming unsafe.

20      Signs

(1) Real estate signs:

(a)	Only one per site.
(b)	Maximum area 1.1m2.

(2)

Under awning signs:

(a)	Associated with a business or industrial use.
(b)	Only one per site.
(c)	Minimum 2.7m above ground level (existing).
(d)	Must not extend beyond the width of the awning.

(3)

Window signs:

(a)	Maximum 50% of window area.
(b)	Must be located below the awning level.

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Amendment of State Environmental Planning Policy (Major Projects) 2005

21      Television aerial or microwave antennae

(1)	Maximum height 6m above the highest point of the roof.
(2)	Must be structurally adequate.

22      Water heaters (includes solar systems)

(1)

Must not reduce the structural integrity of the building or involve

structural alterations.

(2)

Must not interfere with views from surrounding properties.

(3)

Installed to manufacturer’s specifications by a licensed person.

23      Windows, glazed areas and external doors

(1) Materials must comply with the following standards:

(a)	AS 1288:2006, Glass in Buildings—Selection and installation,
(b)	AS/NZS 2208—1996, Safety glazing materials in buildings.

(2)	Replacement must not increase size of or relocate item.
(3)	Must not reduce the area provided for light and ventilation.
(4)	Structural support members must not be removed.

24      Use of land

(1)

Commercial use of footpath or road (or closed road) on land

owned by the relevant Council:

(a)	Must comply with the terms and conditions of a licence obtained from the Council before use.
(b)	Must be consistent with any plan of management that applies to the land.

(2) Use of public open space for community, cultural or commercial purposes—must be in accordance with a temporary licence or hire agreement issued by the relevant Council.

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Amendment of State Environmental Planning Policy (Major Projects) 2005 Schedule 1

[5]      Schedule 9

Insert after Schedule 8:

Schedule 9 Complying development

(Clause 10B (2) and Schedule 3)

Part 1 Greystanes SEL site

1      Internal alterations to commercial or light industrial buildings

(1)

Existing approved use must be operating in accordance with

development consent.

(2)

Must not increase the total floor area of the building.

2      Signage

(1)

Must be a sign on the façade of the building or a directory sign.

(2)

Façade signs and signs that are not freestanding must be located

below parapet level.

(3)

Signs on the front façade must be a maximum of:

(a)	one third of the length of the front façade, and
(b)	12m in length.

(4)

Must be a freestanding directory sign containing the names of

tenants or businesses within the development that:

(a)	is located close to the site’s main entrance and so as to be easily seen when entering or approaching the site, and
(b)	has a maximum height of 9m.

(5)

Identification signs on a secondary street frontage must be 50%

of the size of those on the primary frontage.

(6)

No blinking, flashing or moving signage.

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State Environmental Planning Policy (Major Projects) 2005 (Amendment

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Schedule 2

Amendment of other environmental planning instruments

Schedule 2

Amendment of other environmental

planning instruments

(Clause 5)

2.1	Blacktown Local Environmental Plan 1988
Clause 3 Land to which plan applies
Insert after clause 3 (2):

(3) This plan does not apply to the land to which State Environmental Planning Policy (Major Projects) 2005 (Amendment No 22) applies.

2.2	Fairfield Local Environmental Plan 1994
Clause 3 Where does this plan apply?
Insert at the end of clause 3 (2):

Land to which State Environmental Planning Policy (Major

Projects) 2005 (Amendment No 22) applies.

2.3	Holroyd Local Environmental Plan 1991
Clause 3 Land to which plan applies
Insert at the end of clause 3:

(2) This plan does not apply to the land to which State Environmental Planning Policy (Major Projects) 2005 (Amendment No 22) applies.

BY AUTHORITY