State Environmental Planning Policy No 61—Exempt and Complying Development for White Bay and Glebe Island Ports (NSW)
This Policy is State Environmental Planning Policy No 61—Exempt and Complying Development for White Bay and Glebe Island Ports.
The aims of this Policy are:
(a) to provide for exempt development and complying development on the land to which this Policy applies:
(i) by identifying the development of minimal environmental impact that is to be exempt development (and that, consequently, may be carried out without the need for development consent), and
(ii) by identifying the development that is to be complying development, and
(iii) by specifying the conditions to which complying development certificates are subject, and
(b) to provide that development comprising the subdivision of land, the erection of a building or demolition on the land to which this Policy applies, to the extent to which it does not already require development consent under another environmental planning instrument in order to be carried out, cannot be carried out except with development consent.
In this Policy:
Copies of the Master Plan, including any variations to it, are available from the Sydney Region Central Office of the Department of Urban Affairs and Planning, Ground Floor, Frankel House, 26–32 Pyrmont Bridge Road, Pyrmont, NSW, 2009.
The table of contents and notes included in this Policy are explanatory notes and do not form part of this Policy.
This Policy applies to the land shown edged heavy black on the map.
This Policy amends State Environmental Planning Policy No 4—Development Without Consent, State Environmental Planning Policy No 60—Exempt and Complying Development and Sydney Regional Environmental Plan No 26—City West as set out in Schedule 4.
This Policy prevails over any other environmental planning instrument made before or after this Policy to the extent of any inconsistency:
(a) except:
(i) State Environmental Planning Policy No 11—Traffic Generating Developments, and
(ii) State Environmental Planning Policy No 33—Hazardous and Offensive Develoment, and
(iii) State Environmental Planning Policy No 55—Remediation of Land, and
(iv) State Environmental Planning Policy No 56—Sydney Harbour Foreshores and Tributaries, and
(v) Sydney Regional Environmental Plan No 26—City West, and
(b) except as otherwise expressly provided by:
(i) this Policy, or
(ii) any other environmental planning instrument that commences after the day on which this Policy commences.
The consent authority for development under this Policy is the Minister.
This Part identifies the development and the requirements that must be met in respect of it for the development to be carried out without development consent as exempt development.
The Act states that exempt development:
• must be of minimal environmental impact, and
• cannot be carried out in critical habitat of an endangered species, population or ecological community (identified under the Threatened Species Conservation Act 1995 or the Fisheries Management Act 1994), and
• cannot be carried out in a wilderness area (identified under the Wilderness Act 1987).
Development specified in Schedule 1 that meets the standards for the development contained in that Schedule and that complies with the requirements of this clause is exempt development for the purposes of this Policy.
To be exempt development:
(a) the development must:
(i) meet the relevant deemed-to-satisfy provisions of the Building Code of Australia, and
(ii) meet any relevant development standards, and
(iii) be more than 1 metre from any easement or public sewer main, and
(iv) if it relates to an existing building that is classified under the Building Code of Australia as class 1b or class 2–9, the building must have a current fire safety certificate or fire safety statement or the building must be a building for which no fire safety measures are currently implemented, required or proposed, and
(b) the development must not:
(i) if it relates to an existing building, cause the building to contravene the Building Code of Australia, or
(ii) create interference with the neighbourhood because it is noisy, causes vibrations, creates smells, fumes, smoke, vapour, steam, soot, ash, dust, waste water, grit or oil, or
(iii) involve disturbance to a depth of more than 600 mm below ground level, or
(iv) be designated development.
Exempt development cannot be carried out on:
(a) the site of an item of the environmental heritage that:
(i) is identified as such in an environmental planning instrument applying to the land, or
(ii) is listed on the State Heritage Register under the Heritage Act 1977, or
(iii) is subject to an interim heritage order under the Heritage Act 1977, or
(b) land within a heritage conservation area that is identified as such in an environmental planning instrument applying to the land, or
(c) land identified:
(i) by the consent authority on a map held in the consent authority’s offices, or
(ii) in an environmental planning instrument, or
(iii) in a development control plan,
as an environmentally sensitive area for exempt development.
This Part identifies the development that may be carried out as complying development, the requirements that must be met for a complying development certificate to be issued in respect of it and the conditions to which the complying development certificate will be subject.
The Act states that development cannot be complying development if:
• it is on land that is critical habitat of an endangered species, population or ecological community (identified under the Threatened Species Conservation Act 1995 or the Fisheries Management Act 1994), or
• it is on land within a wilderness area (identified under the Wilderness Act 1987), or
• there is an item of the environmental heritage on the land that is subject to an order or listing under the Heritage Act 1977 or an environmental planning instrument, or
• the development is designated development, or
• the development is State significant development, or
• the development requires concurrence, except a concurrence of the Director-General of National Parks and Wildlife in respect of development that is likely to significantly affect a threatened species, population, or ecological community, or its habitat (identified under the Threatened Species Conservation Act 1995).
Development specified in Schedule 2 that is carried out in compliance with the development standards listed in that Schedule in respect of the development and that complies with the requirements of this clause is complying development for the purposes of this Policy.
To be complying development, the development must:
(a) meet the relevant deemed-to-satisfy provisions of the Building Code of Australia, and
(b) meet any relevant Australian Standards, and
(c) be more than 1 metre from any easement or public sewer main, or comply with any requirements specified by the appropriate sewer authority for building over sewers, and
(d) have an approval (if required by the Local Government Act 1993) from the council for an on-site effluent disposal system if the development is undertaken on unsewered land.
Complying development cannot be carried out on:
(a) land within a heritage conservation area that is identified as such in an environmental planning instrument applying to the land, or
(b) a site that has at any time previously been used:
(i) as a service station or for the bulk storage of fuel, or
(ii) for waste storage or waste treatment, or
(iii) for the manufacture of chemicals, asbestos, or asbestos products, or
(c) land identified:
(i) by the consent authority on a map held in the consent authority’s offices, or
(ii) in an environmental planning instrument, or
(iii) in a development control plan,
as an environmentally sensitive area for complying development, or
(d) land identified as Class 1–4 on acid sulphate soils planning maps prepared pursuant to a Master Plan and for which there is no provision in an environmental planning instrument applying to the land that requires an acid sulphate soils management plan to be prepared, except where the proposed development will not result in disturbance to a depth of more than 650 mm below ground level.
A complying development certificate issued in respect of land to which this Policy applies is subject to the conditions listed in Schedule 3.
This Part extends the requirement that development comprising the subdivision of land, the erection of a building or the demolition of a building or work can be carried out only with development consent.
A person may subdivide land to which this Policy applies only with development consent.
This clause applies if the subdivision of land:
(a) does not require development consent to be granted under another environmental planning instrument, and
(b) is not prohibited by another environmental planning instrument, and
(c) is not identified in any environmental planning instrument (including this Policy) as exempt development.
This clause does not apply to the subdivision of land that, in the opinion of Sydney Ports Corporation, is required to be subdivided in order to facilitate port operations.
A person may erect a building on land to which this Policy applies only with development consent.
A person may demolish a building or work on land to which this Policy applies only with development consent.
This clause applies if the development:
(a) does not require development consent to be granted under any other environmental planning instrument, and
(b) is not prohibited by another environmental planning instrument, and
(c) is not identified in any environmental planning instrument (including this Policy) as exempt development, and
(d) does not involve Crown building work as defined by section 115M of the Act.
For the purpose of enabling development to be carried out in accordance with this Policy, clause 29 of the Environmental Planning and Assessment (Savings and Transitional) Regulation 1998, to the extent necessary to serve that purpose, does not apply to the development.
In accordance with section 28 of the Act, before the making of this Policy, the Governor approved the making of this clause on the prior concurrence in writing of the Minister.
If development permitted under State Environmental Planning Policy No 4—Development Without Consent was physically commenced on land before the amendment of that Policy by this Policy, the development may be carried out as if that Policy had not been so amended.
(Clause 8)
Type of development | Development requirements |
Development that is incidental or ancillary to a purpose for which the land may be used, being landscaping, car parking, or paving |
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Sheds, kiosks, garages, roof structures, internal walls and ceilings, partitions, stairs, ducts, fencing, flagpoles, advertising structures (unless part of a heritage structure) and any other development which is exempt development under this Policy |
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Erection of fences and gates including security boom gates |
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Erection of directional and safety signage associated with the Port |
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Erection of business identification signs being:
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Erection of public notice displayed by a public authority |
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Change of message to an existing sign |
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Erection of sheds/buildings including switch rooms, rooms, security booths |
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Emergency services equipment including:
| Must comply with deemed to comply provisions of Part E of the Building Code of Australia |
Scaffolding |
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Erection of awnings/canopies for weather protection |
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| Must comply with deemed to comply provisions of Part D of the Building Code of Australia |
Installation and modification of utilities and service facilities including pipelines excluding telecommunications facilities |
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Must comply with the landscape guidelines prepared as a variation to the Master Plan, as approved from time to time by the Director-General of the Department of Urban Affairs and Planning | |
Erection of lightpoles and fittings |
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(Clause 10)
Type of development | Development requirements |
Additions/modification of existing buildings, being office buildings, sheds, garages and kiosks |
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Canteen/kiosk facilities, showers, toilets |
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Sheds, kiosks, garages, roof structures, internal walls and ceilings, partitions, stairs, ducts, fencing, flagpoles and any other development which is complying development under this Policy. | Maximum gross floor area of 2000 square metres (sheds, kiosks, garages only) |
Fences and gates including security boom gates |
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Directional and safety signage associated with the Port |
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Business identification sign:
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Retaining walls (except seawalls) |
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Erection of storage tanks including:
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Marking out of internal roads (not involving the construction of new internal roads or new access to public roads) |
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Erection of satellite dishes and telecommunications equipment |
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(Clause 11)
Two days before any site works, building or demolition begins, the applicant must:
(a) forward a
Notice of Commencement of Work and Appointment of Principal Certifying Authority (Form 7 of the Environmental Planning and Assessment Regulation 1994) to the council, and(b) inform the adjoining owners in writing that work will commence.
Before any site works, building or demolition begins, the applicant must:
(a) notify the council of the name, address, phone number and licence number of the builder, and
(b) as to signs:
(i) erect a sign at the front of the property with the builder’s name, licence number, site address and the number given by the council to the application for the complying development certificate, and
(ii) in respect of development involving either the erection of a building which is not occupied at all times or demolition of a building, the sign should also state that unauthorised entry to the site is prohibited, the name of the person in charge of the work site and an after hours telephone number at which that person may be contacted, and
(iii) remove the signs referred to in subparagraphs (i) and (ii) at the completion of work, and
(c) provide a temporary on-site toilet if access to existing toilets is not adequate, and
(d) protect and support any neighbouring buildings and land, and
(e) protect any public land or place from obstruction, inconvenience or damage due to the carrying out of the development, and
(f) prevent any substance from falling onto any public land or place, and
(g) pay any section 94 contributions if required by a contributions plan applying to the land, and
(h) comply with any other conditions prescribed by the Environmental Planning and Assessment Regulation 1994.
This item does not impose a requirement on an applicant if it is complied with by the builder.
Run-off and erosion controls must be implemented before construction to prevent soil erosion, water pollution or the discharge of loose sediment on surrounding land, as follows:
(a) divert uncontaminated run-off around cleared or disturbed areas,
(b) erect a silt fence to prevent debris escaping into drainage systems or waterways,
(c) prevent tracking of sediment by vehicles onto roads,
(d) stockpile topsoil, excavated material, construction and landscaping supplies and debris within the site.
Suitable screens and/or barricades must be erected prior to any works involving demolition, excavation or building work to control dust emission from the site.
Unless tested by a person with suitable experience and expertise and shown to be otherwise, buildings constructed before 1970 are assumed:
(a) to have accumulated hazardous amounts of fine lead dust in ceiling and wall cavities, and
(b) to contain components and surfaces coated with lead paint.
Appropriate measures to minimise hazards and contamination from lead are to be implemented.
Waste, including all lead and asbestos contaminated material, must be disposed of in accordance with the requirements of the NSW Environment Protection Authority.
Following removal of any friable asbestos located on site, a certificate from a suitably qualified person must be provided to the principal certifying authority certifying that no such asbestos remains on site. A copy of the certificate must be forwarded to Sydney Ports Corporation, the Department of Urban Affairs and Planning and the council before further alterations or any additions are commenced.
Any demolition works authorised by the certificate are to be carried out in accordance with Australian Standard 2601–1991: The demolition of structures. Building materials should be recycled where possible.
Unless tested by a person with suitable experience and expertise and shown to be otherwise, buildings constructed before 1970 are assumed:
(a) to have accumulated hazardous amounts of fine lead dust in ceiling and wall cavities, and
(b) to contain components and surfaces coated with lead paint.
Appropriate measures to minimise hazards and contamination from lead are to be implemented.
Waste, including all lead and asbestos contaminated material, must be disposed of in accordance with the requirements of the NSW Environment Protection Authority.
Following removal of any friable asbestos located on site, a certificate from a suitably qualified person must be provided to the principal certifying authority certifying that no such asbestos remains on site. A copy of the certificate must be forwarded to Sydney Ports Corporation, the Department of Urban Affairs and Planning and the council before demolition work is commenced.
Stormwater drainage lines must incorporate sediment traps and all new major stormwater lines must be provided with gross pollutant traps.
Any building work must be carried out between 7.00 am and 6.00 pm Monday to Friday and 7.00 am to 5.00 pm Saturdays, but not on Sundays or public holidays.
A survey certificate must be given to the principal certifying authority, at the following stages:
(a) before the concrete is poured for the ground floor slab or before the sub-floor formwork is completed, showing the location of the structure to the boundaries,
(b) at completion of the lowest floor, confirming that levels are in accordance with the certificate (and those levels must relate to the datum on the certificate).
Before a building is occupied, a certificate of compliance, if required, must be obtained from the local water supply and sewer authority.
(Clause 5 (1))
State Environmental Planning Policy No 4—Development Without ConsentInsert at the end of Schedule 2:
Land to which State Environmental Planning Policy No 61—Exempt and Complying Development for White Bay and Glebe Island Ports applies
Insert “(but not the land to which State Environmental Planning Policy No 61—Exempt and Complying Development for White Bay and Glebe Island Ports applies)” after “apply” in paragraph (3) of Part 1 of Schedule 1.
Sydney Regional Environmental Plan No 26—City WestInsert at the end of clause 13:
Nothing in this clause prevents exempt development or complying development from being carried out in accordance with State Environmental Planning Policy No 61—Exempt and Complying Development for White Bay and Glebe Island Ports on land to which that Policy applies.
Insert at the end of the Schedule:
The development specified in this Schedule does not include development to which State Environmental Planning Policy No 61—Exempt and Complying Development for White Bay and Glebe Island Ports applies.
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