State Environmental Planning Policy (Major Projects) Amendment (Redfern–Waterloo Authority and Channel 7) 2009 (2009-333) LW 17 July 2009 (NSW)

2009 No 333

New South Wales

State Environmental Planning Policy

(Major Projects) Amendment

(Redfern–Waterloo Authority and

Channel 7) 2009

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. (S09/00449/PC)

KRISTINA KENEALLY, MP

Minister for Planning

Published LW 17 July 2009 Page 1

2009 No 333	State Environmental Planning Policy (Major Projects) Amendment
Clause 1	(Redfern–Waterloo Authority and Channel 7) 2009

State Environmental Planning Policy (Major Projects)

Amendment (Redfern–Waterloo Authority and

Channel 7) 2009

under the

Environmental Planning and Assessment Act 1979

1      Name of Policy

This Policy is State Environmental Planning Policy (Major Projects)

Amendment (Redfern–Waterloo Authority and Channel 7) 2009.

2      Commencement

This Policy commences on the day on which it is published on the NSW legislation website.

3      Aims of Policy

(1)

This Policy aims to amend Part 4 of Schedule 3 (State significant sites) to State Environmental Planning Policy (Major Projects) 2005 (the SEPP) to permit, with consent, exhibition homes on land within the Channel 7 site that is within the General Residential Zone.

(2)

This Policy also aims to amend Part 5 of Schedule 3 to the SEPP, in

respect of the land within the Redfern–Waterloo Authority Sites:

(a)	to introduce gross floor area restrictions as set out on a gross floor area map for the land known as the Australian Technology Park (the ATP land) and to disapply a floor space ratio of 2:1 to that land as a result of recent subdivision of the land, and
(b)	to replace the floor space ratio map as a consequence of the introduction of a gross floor area map for the ATP land and to replace the maps for height of buildings and land zoning to give effect to minor changes relating the location of open space at the southern end of the ATP land, and
(c)	to correct a provision relating to the location at which car parks are permissible with consent within the Business Zone— Business Park.

4      Land to which Policy applies

(1) In respect of the aim set out in clause 3 (1), this Policy applies to the land known as the Channel 7 site that is within the General Residential Zone and shown edged heavy black and lettered “A” on the map marked

State Environmental Planning Policy (Major Projects) Amendment 2009 No 333

(Redfern–Waterloo Authority and Channel 7) 2009 Clause 5

“State Environmental Planning Policy (Major Projects) 2005 (Amendment No 6)—Zoning Map” that is deposited in the head office of the Department.

(2) In respect of the aims set out in clause 3 (2), this Policy applies to the land known as the Redfern–Waterloo Authority Sites and shown edged heavy black on Map 3 to Schedule 3 to State Environmental Planning Policy (Major Projects) 2005.

5      Replacement of maps

The following maps adopted by State Environmental Planning Policy (Major Projects) 2005 are declared by this Policy to be replaced by the maps specified below, as approved by the Minister on the making of this Policy:

(a)	the State Environmental Planning Policy (Major Projects) 2005 Redfern–Waterloo Authority Sites—Floor Space Ratio Map (SEPP_MP_RWA_FSR_001_20080610) is replaced by the State Environmental Planning Policy (Major Projects) 2005 Redfern–Waterloo Authority Sites—Floor Space Ratio Map (SEPP_MP_RWA_FSR_001_20090622),
(b)	the State Environmental Planning Policy (Major Projects) 2005 Redfern–Waterloo Authority Sites—Height of Buildings Map (SEPP_MP_RWA_HOB_001_20080610) is replaced by the State Environmental Planning Policy (Major Projects) 2005 Redfern–Waterloo Authority Sites—Height of Buildings Map (SEPP_MP_RWA_HOB_001_20090622),
(c)	the State Environmental Planning Policy (Major Projects) 2005 Redfern–Waterloo Authority Sites—Land Zoning Map (SEPP_MP_RWA_LZN_001_20080610) is replaced by the State Environmental Planning Policy (Major Projects) 2005 Redfern–Waterloo Authority Sites—Land Zoning Map (SEPP_MP_RWA_LZN_001_20090622).

6      Repeal of Policy

(1)

This Policy is repealed on the day following the day on which this

Policy commences.

(2)

The repeal of this Policy does not, because of the operation of sections 5 (6) and 30 of the Interpretation Act 1987, affect any amendment made by this Policy.

2009 No 333

State Environmental Planning Policy (Major Projects) Amendment

(Redfern–Waterloo Authority and Channel 7) 2009

Schedule 1

Amendment of State Environmental Planning Policy (Major Projects) 2005

Schedule 1

Amendment of State Environmental

Planning Policy (Major Projects) 2005

[1]      Schedule 3 State significant sites

Insert “exhibition homes;” in alphabetical order in clause 8 (2) of Part 4.

[2]      Schedule 3, Part 5, clause 2 (2)

Insert in alphabetical order:

Gross Floor Area Map means the State Environmental Planning Policy (Major Projects) 2005 Redfern–Waterloo Authority Sites—Gross Floor Area Map.

[3]      Schedule 3, Part 5, clause 21 Height, floor space ratio and gross floor area restrictions

Insert after clause 21 (2):

(2A)	The gross floor area of a building on any land that is the subject of the Gross Floor Area Map, being land known as the Australian Technology Park, is not to exceed the gross floor area shown for the land on that map.
Note. The total maximum floor space ratio for the land to which this subclause applies is equivalent to 2:1.

[4]      Schedule 3, Part 5, clause 21 (3)

Omit “height or floor space ratio restrictions, or both, set out in subclauses (1) and (2)”.

Insert instead “height, floor space ratio or gross floor area restrictions, or any combination of restrictions, set out in subclauses (1), (2) and (2A)”.

[5]      Schedule 3, Part 5, clause 23

Omit the clause. Insert instead:

23 Car parks

Development consent may not be granted for the purpose of car parks on land within the Business Zone—Business Park unless the consent authority is satisfied that the number of car parking spaces in that zone will not, as a result of the granting of consent, exceed 1,600 car spaces.