State Environmental Planning Policy No 4—Development Without Consent (Amendment No 13) (2001-437) [GG No 100 of 22.6.2001, p 4277] (NSW)

2001 No 437

State Environmental Planning Policy New South Wales

No 4—Development Without Consent

(Amendment No 13)

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 Urban Affairs and Planning.

ANDREW REFSHAUGE, M.P.,

Minister for Urban Affairs and Planning

Published in Gazette No 100 of 22 June 2001, page 4277	Page 1
[8]
2001 No 437

Clause 1

State Environmental Planning Policy No 4—Development Without Consent

(Amendment No 13)

State Environmental Planning Policy No 4—

Development Without Consent (Amendment No 13)

1     Name of Policy

This Policy is State Environmental Planning Policy

No 4—Development Without Consent (Amendment No 13).

2     Principal Policy

In this Policy, State Environmental Planning Policy No 4—Development Without Consent is referred to as the Principal Policy.

3     Aims, objectives etc

This Policy aims to amend the Principal Policy:

(a)

to provide for the regulation, as complying development throughout the State, of:

(i)	the conversion of fire alarm systems from connection with the alarm monitoring system of New South Wales Fire Brigades to connection with the alarm monitoring system of a private service provider, and
(ii)	the conversion of fire alarm systems from connection with the alarm monitoring system of a private service provider to connection with the alarm monitoring system of another private service provider, and
(iii)	the conversion of fire alarm systems from connection with the alarm monitoring system of a private service provider to connection with a different alarm monitoring system of the same private service provider, and

(b)

to extend the period during which the making of a connection of a subscriber’s premises by means of aerial cabling to an existing aerial street telecommunications network is permissible without development consent from 1 July 2001 to 1 July 2002.

4     Amendment of Principal Policy

The Principal Policy is amended as set out in Schedule 1.

2001 No 437

State Environmental Planning Policy No 4—Development Without Consent

(Amendment No 13)

Amendments Schedule 1

Schedule 1 Amendments

(Clause 4)

[1]     Clause 1 Name of Policy

Insert “and Miscellaneous Complying Development” after “Consent”.

[2]     Clause 2 Definitions

Insert in alphabetical order in clause 2 (1):

private service provider means a person or body that has entered into an agreement with New South Wales Fire Brigades to monitor fire alarm systems.

[3]     Clause 2 (4) (d)

Insert “, except as provided by clause 13” after “the Act”.

[4]     Clause 2 (6)

Insert “and clause13 in the case of land described in paragraph (b) or (c) of this subclause,” after “11E,”.

[5]     Clause 3 Aims, objectives etc

Insert at the end of the clause:

(2) This Policy is also designed to regulate, as complying development throughout the State:

(a)	the conversion of fire alarm systems from connection with the alarm monitoring system of New South Wales Fire Brigades to connection with the alarm monitoring system of a private service provider, and
(b)	the conversion of fire alarm systems from connection with the alarm monitoring system of a private service provider to connection with the alarm monitoring system of another private service provider, and

2001 No 437

State Environmental Planning Policy No 4—Development Without Consent

(Amendment No 13)

Schedule 1 Amendments

(c) the conversion of fire alarm systems from connection with the alarm monitoring system of a private service provider to connection with a different alarm monitoring system of the same private service provider.

[6]     Clause 4 Application of Policy

Omit “and 11E” from clause 4 (2). Insert instead “, 11E and 13”.

[7]    Clause 5B Aerial subscriber connections to telecommunications distribution lines

Omit “1 July 2001” from clause 5B (6) and (7) wherever occurring.

Insert instead “1 July 2002”.

[8]     Clause 13

Insert after clause 12:

13     Conversion of fire alarms

(1) This clause applies to a fire alarm system that can be monitored by New South Wales Fire Brigades or a private service provider.

(2) A person must not:

(a)	convert a fire alarm system from connection with the alarm monitoring system of New South Wales Fire Brigades to connection with the alarm monitoring system of a private service provider, or
(b)	convert a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with the alarm monitoring system of another private service provider, or
(c)	convert a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with a different alarm monitoring system of the same private service provider,

except with development consent.

2001 No 437

State Environmental Planning Policy No 4—Development Without Consent

(Amendment No 13)

Amendments Schedule 1

(3)

Development to which subclause (2) (a), (b) or (c) applies is

complying development if it consists only of:

(a)	internal alterations to a building, or
(b)	internal alterations to a building together with the mounting of an antenna, and any support structure, on an external wall or roof of a building so as to occupy a space of not more than 450mm x 100mm x 100mm.

(4) A complying development certificate issued in respect of complying development under subclause (3) is subject to a condition that any building work may only be carried out between 7.00 am and 6.00 pm on Monday to Friday and between 7.00 am and 5.00 pm on Saturday, and must not be carried out on a Sunday or a public holiday.

BY AUTHORITY