State Environmental Planning Policy No 47—Moore Park Showground (Amendment No 2) (1996-544) [GG No 122 of 1.11.1996] (NSW)

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1996 No 544

New South Wales

State Environmental Planning Policy

No 47—Moore Park Showground

(Amendment No 2)

under the

Environmental Planning and Assessment Act 1979

His 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.

CRAIG KNOWLES MP

Minister for Urban Affairs and Planning

1 Name of Policy

This Policy is State Environmental Planning Policy No 47—

Moore Park Showground (Amendment No 2).

2 Aims, objectives etc

This Policy aims:

(a)

to redefine the areas to which Parts 2 and 3 of the Principal Policy apply to accord with the development consent granted for the subdivision of the Moore Park Showground site, and

(b)

to reinstate musical entertainment and public entertainment as purposes for which development may be carried out with development consent on the Moore Park Showground

until the Royal Agricultural Society of New South Wales

vacates the site, and

Published in Gazette No 122 of 1 November 1996, page 7298

Page 1

1996 No 544

Clause 2

State Environmental Planning Policy No 47—Moore Park Showground (Amendment No 2)

(c)

to allow the use of the Banquet Hall in connection with events conducted in the Hordern Pavilion or the Royal Hall of Industries, and

(d)

to enable the carrying out of development by the Crown for the purpose of public utility undertakings and for other purposes, and

(e)

to adopt certain provisions of State Environmental Planning Policy No 4—Development Without Consent enabling minor development (such as minor changes to subdivision, changes of use of shops and commercial premises, minor building alterations and certain development by public authorities) to be carried out without development consent, and

(f)

to correct certain references in the Principal Policy to the Centennial Park and Moore Park Trust and temporary structures for film making purposes, and

(g)

to amend clause 4 (2) of the Principal Policy having regard to recent amendments to section 36 of the Environmental Planning and Assessment Act 1979 in order to clarify the relationship between environmental planning instruments in the event of an inconsistency.

3 Principal Policy

In this Policy, State Environmental Planning Policy No 47— Moore Park Showground is referred to as the Principal Policy.

4     Land to which this Policy applies

This Policy applies to the land to which the Principal Policy applies.

5 Amendment of Principal Policy

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

1996 No 544

State Environmental Planning Policy No 47—Moore Park Showground (Amendment No 2)

Amendment of Principal Policy

Schedule 1

Schedule 1

Amendment of Principal Policy

(Clause 5)

[1]     Clause 4 Relationship to other environmental planning instruments

Insert after clause 4 (2):

(2A)

Subclause (2) does not prevent or otherwise affect the application to the land to which this Policy applies of clauses 6, 7, 9 and 11 of State Environmental Planning Policy No 4—Development Without Consent.

[2]     Clause 4 (2)

Insert “whether made before or after this Policy,” after

“instrument,”.

[3]       Clause 7 Definitions

Omit “No 1” from the definition of the map. Insert instead “No 2”.

[4]        Clauses 9, 18, 11 and 12

Omit “only” wherever occurring.

[5]        Clauses 9A and 9B

Insert after clause 9:

9A Development for musical entertainment and public

entertainment

(1)

A person may, with the consent of the Minister, carry out development for the purpose of musical entertainment or public entertainment on the land shown diagonally hatched on the map.

1996 No 544

State Environmental Planning Policy No 47—Moore Park Showground (Amendment No 2)

Schedule 1 Amendment of Principal Policy

(2)

The Minister must not determine an application for consent to carry out development to which this clause applies unless the Minister has first considered the relevant provisions of the Plan of Management for the Sydney Cricket Ground and Showground, 1994, prepared by CSK Planning and Associates.

(3)

Development to which this clause applies must not be carried out after the date notified for the purpose by the Minister for the Environment by notice published in the Gazette.

(4)

The date notified under subclause (3) is to be the date determined by the Minister for the Environment, after consultation with the Royal Agricultural Society of New South Wales, as the date on which the Society is to vacate, or substantially vacate, the Moore Park Showground.

9B Use of the Banquet Hall

Despite clause 9A, a person may carry out development without development consent in the Banquet Hall for the purpose of public events, but only if the development is carried out simultaneously with an event that is conducted in the Hordern Pavilion or the Royal Hall of Industries, or both.

[6]        Clause 10 Development permissible without development consent

Insert “for film making purposes” after “structures”.

[7]       Clause 14 Advertising development applications

Omit “Moore Park and Centennial Park Trust” from clause 14

(1) (b).

Insert instead “‘Centennial Park and Moore Park Trust”.

1996 No 544

State Environmental Planning Policy No 47—Moore Park Showground (Amendment No 2)

Amendment of Principal Policy

Schedule 1

[8]        Clause 17

Insert after clause 16:

17 Carrying out of public utility undertakings and certain

other development

Nothing in this Policy restricts or prohibits or enables a consent authority to restrict or prohibit the carrying out of development of any description specified in Schedule 1 to the Environmental Planning and Assessment Model Provisions 1980

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