State Environmental Planning Policy No 47—Moore Park Showground (Amendment No 3) (2018-719) LW 7 December 2018 (NSW)

New South Wales

State Environmental Planning Policy No 47—

Moore Park Showground (Amendment No 3)

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.

ANTHONY ROBERTS, MP

Minister for Planning

State Environmental Planning Policy No 47—Moore Park Showground (Amendment No 3) [NSW]

State Environmental Planning Policy No 47—Moore Park

Showground (Amendment No 3)

under the

Environmental Planning and Assessment Act 1979

1      Name of Policy

This Policy is State Environmental Planning Policy No 47—Moore Park

Showground (Amendment No 3).

2      Commencement

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

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This Policy is repealed on the day following the day on which this Policy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

State Environmental Planning Policy No 47—Moore Park Showground (Amendment No 3) [NSW]

Schedule 1 Amendment of State Environmental Planning Policy No 47—Moore Park Showground

Schedule 1

Amendment of State Environmental Planning

Policy No 47—Moore Park Showground

[1]      Clause 7 Definitions

Omit the definition of the Minister.

[2]      Clause 8 Consent authority

Omit “the relevant council”. Insert instead “the Council of the City of Sydney”.

[3]      Clause 18

Insert after clause 17:

18 Temporary use of land at Entertainment Quarter until 1 January 2023

(1) Despite any other provision of this Policy, development on the subject land for an approved temporary use during the relevant period is permitted with consent.

(2) Development permitted with consent under this clause is complying development if the development:

(a)	meets the relevant provisions of the Building Code of Australia, and
(b)	does not result in a building that exceeds 2 storeys or has a building height that exceeds 8 metres from ground level (mean), and
(c)	does not result in a building with a gross floor area that exceeds 1,500 square metres, and
(d)	does not result in more than 766 square metres of the gross floor area of a building in area B being used for an approved temporary use.

(3)

A complying development certificate issued for complying development

under this clause is subject to the following conditions:

(a)	any premises on the subject land that are being used for an approved temporary use must operate only between 6 am and 11 pm on any day,
(b)	any premises on the subject land must cease to be used for an approved temporary use before the end of the relevant period,
(c)	any temporary structure on the subject land must be removed before the end of the relevant period.

(4)

A complying development certificate issued for complying development under this clause is also subject to the conditions specified in clauses 1, 2, 5, 6, 8–10 and 12 of Schedule 8 to the State Environmental Planning Policy

(Exempt and Complying Development Codes) 2008.

(5)

In this clause, words and expressions that are not otherwise defined in this Policy have the same meanings as in the standard instrument prescribed under the Standard Instrument (Local Environmental Plans) Order 2006.

(6)

In this clause:

approved temporary use means any of the following:

(a)	commercial premises,
(b)	health services facilities,
(c)	amusement and entertainment facilities,

State Environmental Planning Policy No 47—Moore Park Showground (Amendment No 3) [NSW]

Schedule 1 Amendment of State Environmental Planning Policy No 47—Moore Park Showground

(d) the construction, installation or removal of a temporary structure used for commercial premises, health services facilities or amusement and entertainment facilities.

area A means the land shown coloured yellow on the State Environmental

Planning Policy No 47—Moore Park Showground (Amendment No 3) Land

Application Map.

area B means the land shown coloured green on the State Environmental

Planning Policy No 47—Moore Park Showground (Amendment No 3) Land

Application Map.

commercial premises has the same meaning as in the standard instrument

prescribed under the Standard Instrument (Local Environmental Plans) Order

2006.

relevant period means the period commencing on the commencement of this

clause and ending on 1 January 2023.

subject land means land in area A or area B.

(7) This clause ceases to have effect on 1 January 2023.