State Environmental Planning Policy (Major Projects) 2005 (Amendment No 28) (2008-292) [GG No 87 of 11.7.2008, p 6945] (NSW)
2008 No 292
| New South Wales |
State Environmental Planning Policy
(Major Projects) 2005 (Amendment
No 28)
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. (S07/01186-1)
FRANK SARTOR, M.P.,
Minister for Planning
| Published in Gazette No 87 of 11 July 2008, page 6945 | Page 1 |
| 2008 No 292 | State Environmental Planning Policy (Major Projects) 2005 (Amendment |
| Clause 1 | No 28) |
State Environmental Planning Policy (Major Projects)
2005 (Amendment No 28)
under the
Environmental Planning and Assessment Act 1979
1 Name of Policy
This Policy is State Environmental Planning Policy (Major Projects)
2005 (Amendment No 28).
2 Aims of Policy
The aims of this Policy are:
| (a) | to identify the land to which this Policy applies (being the Illawarra Regional Business Park 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 employment purposes, 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 and passenger transport facilities and by requiring satisfactory arrangements for contributions to the provision of designated State public infrastructure, and |
| (e) | to provide for development that is consistent with the effective operation of the Illawarra Regional Airport, and |
| (f) | to protect the views of the adjoining heritage item, and |
| (g) | to amend State Environmental Planning Policy No 14—Coastal Wetlands to extend its operation with respect to that land. |
3 Land to which Policy applies
This Policy applies to the land in the local government area of Shellharbour, shown edged heavy black on the map marked “State Environmental Planning Policy (Major Projects) 2005 (Amendment No 28)—Illawarra Regional Business Park Site—Land Application Map” held at the head office of the Department.
| State Environmental Planning Policy (Major Projects) 2005 (Amendment | 2008 No 292 |
| No 28) | Clause 4 |
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.
5 Amendment of State Environmental Planning Policy No 14—Coastal Wetlands
State Environmental Planning Policy No 14—Coastal Wetlands is amended as set out in Schedule 2.
| 2008 No 292 | State Environmental Planning Policy (Major Projects) 2005 (Amendment No 28) |
| Schedule 1 | Amendment of State Environmental Planning Policy (Major Projects) 2005 |
| Schedule 1 | Amendment of State Environmental Planning Policy (Major Projects) 2005 |
(Clause 4)
Schedule 3 State significant sites
Insert at the end of the Schedule (before the maps) with appropriate Part numbering:
| Part | Illawarra Regional Business Park 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, referred to in this Schedule as the Illawarra Regional Business Park site.
2 Interpretation
|
| State Environmental Planning Policy (Major Projects) 2005 (Amendment | 2008 No 292 |
| No 28) |
| Amendment of State Environmental Planning Policy (Major Projects) 2005 | Schedule 1 |
wetland improvement means the creation, enhancement, regeneration or maintenance of wetlands whether the wetland is natural or artificial and whether or not the wetland forms part of an integrated drainage system.
| (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 Consent authority
The consent authority for development on land in the Illawarra Regional Business Park site, other than development that is a project to which Part 3A of the Act applies, is the Council.
4 Maps
|
| (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. |
| (4) | For the purposes of this Part, a map may be in, and may be kept and made available in, electronic or paper form, or both. |
5 Relationship with other environmental planning instruments
The only environmental planning instruments that apply, according to their terms, to land within the Illawarra Regional Business Park site are this Policy and all other State environmental planning policies, except State Environmental Planning Policy No 1—Development Standards.
| 2008 No 292 | State Environmental Planning Policy (Major Projects) 2005 (Amendment No 28) |
| Schedule 1 | Amendment of State Environmental Planning Policy (Major Projects) 2005 |
| Division 2 | Provisions applying to development within Illawarra Regional Business Park site |
6 Application of Part
This Part applies with respect to development within the Illawarra Regional Business Park site and so applies whether or not the development is a project to which Part 3A of the Act applies.
7 Land use zones
|
| (a) | Zone IN2 Light Industrial, |
| (b) | Zone SP2 Infrastructure, |
| (c) | Zone E2 Environmental Conservation. |
| (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. |
8 Zone IN2 Light Industrial
|
| (a) | to facilitate development for a wide range of employment generating light industrial purposes, |
| (b) | to provide for airport related facilities and services, including hotel accommodation and passenger transport facilities, |
| (c) | to provide for roads and service stations, warehouses and distribution centres and information and education facilities, |
| (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 minimise any adverse effect of industry on other land uses and the environment. |
| (2) | Development for the following purposes is permitted without development consent on land within Zone IN2 Light Industrial: environmental protection works |
| State Environmental Planning Policy (Major Projects) 2005 (Amendment | 2008 No 292 |
| No 28) |
| Amendment of State Environmental Planning Policy (Major Projects) 2005 | Schedule 1 |
| (3) | Development for any of the following purposes is permitted only with development consent on land within Zone IN2 Light Industrial: |
| airports; child care centres; depots; fill; flood mitigation works; food and drink premises; freight transport facilities; helipads; heliports; hotel or motel accommodation; industrial retail outlets; information and education facilities; landscape and garden supplies; light industries; liquid fuel depots; neighbourhood shops; office premises (that are ancillary to development for another permitted purpose); passenger transport facilities; public administration buildings; recreation facilities (indoor); roads; service stations; signage; timber and building supplies; transport depots; truck depots; vehicle body repair workshops; vehicle repair stations; vehicle sales or hire premises; veterinary hospitals; warehouse or distribution centres | |
| (4) | Except as otherwise provided by this Policy, development is prohibited on land within Zone IN2 Light Industrial unless it is permitted by subclause (2) or (3). |
9 Zone SP2 Infrastructure
|
| (a) | to provide for infrastructure and related uses, |
| (b) | to prevent development that is not compatible with or that may detract from the provision of infrastructure, |
| (c) | to protect the infrastructure of Illawarra Regional Airport. |
| (2) | Development for the following purposes is permitted without development consent on land within Zone SP2 Infrastructure: drainage; fencing; vegetation management |
| (3) | Development for the following purposes is permitted only with development consent on land within Zone SP2 Infrastructure: the purpose shown on the Land Zoning Map, including any development that is ordinarily incidental or ancillary to development for that purpose; roads |
| (4) | Except as otherwise provided by this Policy, development is prohibited on land within Zone SP2 Infrastructure unless it is permitted by subclause (2) or (3). |
| 2008 No 292 | State Environmental Planning Policy (Major Projects) 2005 (Amendment No 28) |
| Schedule 1 | Amendment of State Environmental Planning Policy (Major Projects) 2005 |
10 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 the following purposes is permitted without development consent on land within Zone E2 Environmental Conservation: |
| environmental protection works | |
| (3) | Development for the following purposes is permitted only with development consent on land within Zone E2 Environmental Conservation: |
| earthworks; environmental facilities; recreation areas; roads; wetland improvements | |
| (4) | Except as otherwise provided by this Policy, development is prohibited on land within Zone E2 Environmental Conservation unless it is permitted by subclause (2) or (3). |
11 Public utility undertakings excepted
Development for the purpose of a public utility undertaking that is carried out on land within the Illawarra Regional Business Park site 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.
12 Exempt and complying development
Development within the Illawarra Regional Business Park site that satisfies the requirements for:
| (a) | exempt development specified in Shellharbour City Council Exempt Development Control Plan, 4 May 2005, or |
| (b) | complying development specified in Shellharbour City Council Complying Development Control Plan, 4 May 2005, |
as in force at the commencement of this Part, is exempt
development or complying development, as appropriate.
| State Environmental Planning Policy (Major Projects) 2005 (Amendment | 2008 No 292 |
| No 28) |
| Amendment of State Environmental Planning Policy (Major Projects) 2005 | Schedule 1 |
13 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 buildings, |
| (c) | a consolidation of lots that does not create additional lots or the opportunity for additional buildings, |
| (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 brigade or other emergency service purposes or public toilets. |
14 Height of buildings
|
| (a) | to regulate the height of buildings on land in the Illawarra Regional Business Park site, |
| (b) | to ensure that the effective and on-going operation of Illawarra Regional Airport is not compromised by any development, |
| (c) | to protect the views to and from “Ravensthorpe” at 52–56 Tongarra Road, Albion Park, being a heritage item identified by Shellharbour Rural Local Environmental Plan 2004. |
| (2) | The height of a building on any land in the Illawarra Regional Business Park site is not to exceed the maximum height shown for the land on the: | |||
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| whichever is the lesser. | ||||
| (3) | Despite subclause (2), development consent may be granted for development that exceeds the maximum height for the land if: | |||
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| 2008 No 292 | State Environmental Planning Policy (Major Projects) 2005 (Amendment No 28) |
| Schedule 1 | Amendment of State Environmental Planning Policy (Major Projects) 2005 |
| (b) | the consent authority is satisfied that the proposed building is unlikely to constitute an obstruction or hazard to aircraft flying in the vicinity, and |
| (c) | if the proposed building does not comply with the Airport Height Limitation Plan, the Civil Aviation Safety Authority has been given notice of the proposal and any comments made by it to the consent authority within 28 days of its being notified have been taken into consideration by the consent authority. |
15 Floor space ratio
The floor space ratio of a building on any land in the Illawarra
Regional Business Park site is not to exceed 1:1.
16 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: | |||
| ||||
| (4) | Consent must not be granted for development that contravenes a development standard unless the consent authority is satisfied that: |
| State Environmental Planning Policy (Major Projects) 2005 (Amendment | 2008 No 292 |
| No 28) |
| Amendment of State Environmental Planning Policy (Major Projects) 2005 | Schedule 1 |
| (a) | the applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3), and |
| (b) | 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. |
| (5) | 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). | |||
| (6) | This clause does not allow consent to be granted for development that would contravene any of the following: | |||
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17 Controls relating to miscellaneous permissible uses
|
If development for the purposes of an industrial retail outlet is permitted on any land in the Illawarra Regional Business Park site, the retail floor area must not exceed:
| (a) | 40% of the combined gross floor area of the industrial retail outlet and the building or place on which the relevant industry is carried out, or |
| (b) | 400 square metres, |
whichever is the lesser.
| (2) | Neighbourhood shops |
| If development for the purposes of a neighbourhood shop is permitted on any land in the Illawarra Regional Business Park site, the retail floor area must not exceed 80 square metres. |
| 2008 No 292 | State Environmental Planning Policy (Major Projects) 2005 (Amendment No 28) |
| Schedule 1 | Amendment of State Environmental Planning Policy (Major Projects) 2005 |
18 Controls relating to office premises
The consent authority must not grant development consent to development for the purpose of office premises on land in the Illawarra Regional Business Park site unless it is satisfied that:
| (a) | the office premises are ancillary to another use of the land, and |
| (b) | the gross floor area of the office premises will not exceed 25% of the gross floor area of all of the buildings on the land. |
19 Relevant acquisition authority
|
Note. If the landholder will suffer hardship if there is any delay in the land being acquired by the relevant authority, section 23 of the Land Acquisition (Just Terms Compensation) Act 1991 requires the authority to acquire the land.
| (2) | The authority of the State that will be the relevant authority to acquire land, if the land is required to be acquired under the owner-initiated acquisition provisions, is the authority of the State specified below in relation to the land shown on the Land Reservation Acquisition Map (or, if an authority of the State is not specified in relation to land required to be so acquired, the authority designated or determined under those provisions). | |
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| Reservation Acquisition Map | ||
| ||
| “Airport” | ||
| (3) | Development on land acquired by an authority of the State under the owner-initiated acquisition provisions may, before it is used for the purpose for which it is reserved, be carried out, with development consent, for any purpose. | |
| Note. If land, other than land specified in the Table to subclause (2), is required to be acquired under the owner-initiated acquisition provisions, the Minister for Planning is required to take action to enable the designation of the acquiring authority under this clause. Pending the designation of the acquiring authority for that land, the acquiring authority is to be the authority determined by order of the Minister for |
| State Environmental Planning Policy (Major Projects) 2005 (Amendment | 2008 No 292 |
| No 28) |
| Amendment of State Environmental Planning Policy (Major Projects) 2005 | Schedule 1 |
Planning (see section 21 of the Land Acquisition (Just Terms
Compensation) Act 1991).
20 Zone IN2 Light Industrial—satisfactory arrangements for the provision of regional transport infrastructure and services
|
| (a) | any land that is reserved exclusively for a public purpose, or |
| (b) | any development that is, in the opinion of the consent authority, of a minor nature. |
| (5) | In this clause, designated State public infrastructure means public facilities or services that are provided or financed by the State (or if provided or financed by the private sector, to the extent of any financial or in-kind contribution by the State) of the following kinds: | |||||||||
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21 Suspension of covenants, agreements and instruments
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| 2008 No 292 | State Environmental Planning Policy (Major Projects) 2005 (Amendment No 28) |
| Schedule 1 | Amendment of State Environmental Planning Policy (Major Projects) 2005 |
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: | |||||||||||
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| (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). |
| State Environmental Planning Policy (Major Projects) 2005 (Amendment | 2008 No 292 |
| No 28) |
| Amendment of State Environmental Planning Policy No 14—Coastal | Schedule 2 |
| Wetlands |
| Schedule 2 | Amendment of State Environmental Planning Policy No 14—Coastal Wetlands |
(Clause 5)
[1] Clause 3 Definitions
Omit “57,” from paragraph (k) of the definition of the map.
[2] Clause 3, definition of "the map"
Insert after paragraph (k):
| (l) | State Environmental Planning Policy (Major Projects) 2005 (Amendment No 28)—Illawarra Regional Business Park Site—Coastal Wetlands—map 25. |
BY AUTHORITY
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