State Environmental Planning Policy (Precincts—Central River City) 2021 (NSW)
This Policy is State Environmental Planning Policy (Precincts—Central River City) 2021.
This Policy commences on 1 March 2022 and is required to be published on the NSW legislation website.
In this Policy—
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Policy.
The Interpretation Act 1987, section 30A is taken to apply to the provisions transferred to this Policy on the commencement of this Policy in the same way as it applies to provisions transferred from a statutory rule to another statutory rule.
The Interpretation Act 1987, section 30A provides—
(a) the transfer of a provision does not affect the operation or meaning of the provision, and
(b) a transferred provision is to be construed as if it had not been transferred.
The aims of this Chapter are as follows—
(a) to facilitate the development, redevelopment or protection of important urban, coastal and regional sites of economic, environmental or social significance to the State so as to facilitate the orderly use, development or conservation of those State significant precincts for the benefit of the State,
(b) to facilitate service delivery outcomes for a range of public services and to provide for the development of major sites for a public purpose or redevelopment of major sites no longer appropriate or suitable for public purposes.
On the repeal of Part 3A of the Act, this Chapter is subject to Schedule 6A to the Act.
Schedule 6A of the Act sets out those projects which will continue as Part 3A projects (
The repeal of sections 6–6C and Schedules 1, 2 and 5 of this Chapter, and the other amendments made to this Chapter, by the State Environmental Planning Policy (State and Regional Development) 2011 do not affect any of the following—
(a) the declaration under this Chapter of a project as a project or a critical infrastructure project under Part 3A, if that project is a transitional Part 3A project,
(b) any certificate in force under section 6C immediately before that repeal.
Particular development is not a transitional Part 3A project if—
(a) another provision of this Chapter or a provision of another environmental planning instrument, whether made before or after this Chapter takes effect, provides that the particular development is exempt or complying development, and
(c) the particular development is not carried out as part of or in conjunction with other development that is a transitional Part 3A project.
In this Chapter—
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Chapter.
Words and expressions used in this Chapter have the same meaning as they have in Schedule 6A to the Act.
A reference to this Chapter includes a reference to an Appendix made under this Chapter.
A reference in this Chapter to a named map adopted by this Chapter is a reference to a map by that name—
(a) approved by the Minister when the map is adopted, and
(b) as amended or replaced from time to time by maps declared by environmental planning instruments to amend or replace that map, and approved by the Minister when the instruments are made.
Any 2 or more named maps may be combined into a single map. In that case, a reference in this Chapter to any such named map is a reference to the relevant part or aspect of the single map.
Any such maps are to be kept and made available for public access in accordance with arrangements approved by the Minister.
For the purposes of this Chapter, a map may be in, and may be kept and made available in, electronic or paper form, or both.
A map referred to in an Appendix made under this Chapter is taken to be a map adopted by this Chapter.
This Chapter applies to the State.
Subject to section 74(1) of the Act, in the event of an inconsistency between this Chapter and another environmental planning instrument whether made before or after the commencement of this Chapter, this Chapter prevails to the extent of the inconsistency.
A development application made, but not finally determined, before the commencement of State Environmental Planning Policy Amendment (Exceptions to Development Standards) 2023 must be determined as if that policy had not commenced.
Each Appendix made under this Chapter describes a State significant precinct.
The provisions in an Appendix made under this Chapter relating to the carrying out of development on a State significant precinct have effect.
The Minister may publish guidelines for proposals to amend an Appendix made under this Chapter.
This section does not preclude an amendment of an Appendix made under this Chapter without compliance with those guidelines.
The aims of this Chapter are (in conjunction with amendments to the regulations under the Act relating to precinct planning) as follows—
(a) to co-ordinate the release of land for residential, employment and other urban development in the North West Growth Centre,
(b) to enable the Minister from time to time to designate land in growth centres as ready for release for development,
(c) to provide for comprehensive planning for growth centres,
(d) to enable the establishment of vibrant, sustainable and liveable neighbourhoods that provide for community well-being and high quality local amenity,
(e) to provide controls for the sustainability of land in growth centres that has conservation value,
(f) to provide for the orderly and economic provision of infrastructure in and to growth centres,
(g) to provide development controls in order to protect the health of the waterways in growth centres,
(h) to protect and enhance land with natural and cultural heritage value,
(i) to provide land use and development controls that will contribute to the conservation of biodiversity.
In this Chapter—
The North West Growth Centre was, but is no longer, a growth centre under the Growth Centres (Development Corporations) Act 1974.
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Chapter.
(Repealed)
A reference in this Chapter to a growth centre structure plan is a reference to a plan deposited in the Department.
A reference to this Chapter includes a reference to an Appendix made under this Chapter.
Words used in this Chapter have the same meaning as in the Standard Instrument, unless otherwise defined in this Chapter.
In this Chapter—
(a) shown on the Heritage Map as an archaeological site, and
(b) the location and nature of which is described in a Schedule to a Precinct Plan, and
(c) that contains one or more relics.
(a) a large area for handling, display or storage, or
(b) direct vehicular access to the site of the building or place by members of the public for the purpose of loading or unloading the goods into or from their vehicles after purchase or hire,
but does not include a building or place used for the sale of foodstuffs or clothing unless their sale is ancillary to the sale or hire or display of bulky goods.
(a) requires separation from other land uses because of the nature of the processes involved, or the materials used, stored or produced, and
(b) may consist of or include a hazardous or offensive industry or involve the use of a hazardous or offensive storage establishment.
(a) shown on the Heritage Map as a heritage conservation area or as a place of Aboriginal heritage significance, and
(b) the location and nature of which is described in a Schedule to a Precinct Plan,
and includes any heritage items situated on or within that area.
(a) shown on the Heritage Map as a heritage item, and
(b) the location and nature of which is described in a Schedule to a Precinct Plan, and
(c) specified in an inventory of heritage items that is available at the office of the Council.
(a) the sale of landscape supplies, including earth products or other landscape and horticulture products, and
(b) the carrying out of horticulture.
(a) each storey contains 2 dwellings, and
(b) each dwelling is on its own lot that is within a strata scheme or community title scheme, and
(c) access to each dwelling is provided through a common or individual entry at ground level.
(a) established in conjunction with another dwelling (the
principal dwelling ), and(b) erected above a garage that is on the same lot of land as the principal dwelling, whether the garage is attached to, or is separate from, the principal dwelling.
(a) an extractive industry ancillary to, required for or associated with the preparation or remediation of the site for the storage, treatment, purifying or disposal, and
(b) eco-generating works ancillary to or associated with storage, treatment, purifying or disposal.
Except as provided by a Precinct Plan, the consent authority for the purposes of this Chapter is (subject to the Act) the council of the area in which the land concerned is situated.
The Act enables an environmental planning instrument to specify a Minister or another public authority to be the consent authority for all or any particular kind of development in that zoned land.
Despite subsection (1), the consent authority for the purposes of this Chapter for land to which State Environmental Planning Policy (Western Sydney Parklands) 2009 applies is the consent authority stated in clause 10 of that Policy.
This Chapter applies to all land in a growth centre.
Subject to section 74(1) of the Act, in the event of an inconsistency between this Chapter and another environmental planning instrument whether made before or after the commencement of this Chapter, this Chapter prevails to the extent of the inconsistency.
A reference in this Chapter to a named map adopted by this Chapter is a reference to a map by that name—
(a) approved by the Minister when the map is adopted, and
(b) as amended or replaced from time to time by maps declared by environmental planning instruments to amend or replace that map, and approved by the Minister when the instruments are made.
Any 2 or more named maps may be combined into a single map. In that case, a reference in this Chapter to any such named map is a reference to the relevant part or aspect of the single map.
Any such maps are to be kept and made available for public access in accordance with arrangements approved by the Minister.
For the purposes of this Chapter, a map may be in, and may be kept and made available in, electronic or paper form, or both.
A map referred to in this Chapter, immediately before the commencement of this section, is taken to be a map approved by the Minister under this section.
A map referred to in an Appendix made under this Chapter is taken to be a map adopted by this Chapter.
In this Chapter—
A development application for development on land to which this Chapter applies must be determined as if State Environmental
Planning Policy Amendment (Precincts) 2021, Schedule 2 (
Subsection (1) only applies to a development application that was—
(a) lodged before the commencement of the Precincts SEPP, and
(b) not finally determined before the commencement of State Environmental Planning Policy (Sydney Region Growth Centres) Amendment (Savings) 2022.
A development application made, but not finally determined, before the commencement of State Environmental Planning Policy Amendment (Exceptions to Development Standards) 2023 must be determined as if that policy had not commenced.
The provisions applying to the carrying out of development in a growth centre precinct are specified in an Appendix made under this Chapter, as shown in the following table—
Column 1 | Column 2 |
Growth centre precinct | Appendix |
North Kellyville Precinct | Appendix 5 |
Riverstone West Precinct | Appendix 6 |
Alex Avenue and Riverstone Precincts | Appendix 7 |
Area 20 Precinct | Appendix 8 |
Schofields Precinct | Appendix 9 |
Box Hill and Box Hill Industrial Precincts | Appendix 10 |
Marsden Park Precinct | Appendix 11, to the extent to which the Blacktown Growth Centres Precinct Plan 2013 applies |
Riverstone East Stage 1 and 2 Precinct | Appendix 11, to the extent to which the Blacktown Growth Centres Precinct Plan 2013 applies |
Riverstone East Stage 3 Precinct | Appendix 14 |
West Schofields (Townson Road) Precinct | Appendix 11, to the extent to which the Blacktown Growth Centres Precinct Plan 2013 applies |
Vineyard Precinct | Appendix 12, to the extent to which the Hawkesbury Growth Centres Precinct Plan 2017 applies |
Marsden Park Industrial Precinct | Appendix 13 |
For the purposes of this Chapter, the provisions applying to the carrying out of development in the following precincts are those specified below for the precincts—
(a) the provisions of Blacktown Local Environmental Plan 1988 are specified for the Colebee precinct within the North West Growth Centre.
(b)–(e) (Repealed)
Development carried out under any other environmental planning instrument on land that is the
This Part applies to land within a growth centre precinct that is zoned under this Part.
Land that is zoned under this Part is not subject to the provisions of any environmental planning instrument (other than a State environmental planning policy or regional environmental plan) applying to the land concerned, except to the extent that this Chapter otherwise provides.
This Part does not apply to land to which a Precinct Plan applies or land referred to in section 3.11.
The land use zones under this Part are as follows—
• Environment Conservation
• Public Recreation—Regional
• Public Recreation—Local
The objectives for development in each land use reservation zone are set out in the Table to this section.
The consent authority must have regard to the objectives for development in any such zone when determining a development application in respect of land within the zone.
(a) to protect and restore areas of special ecological, scientific or aesthetic values,
(b) to conserve biological diversity, native vegetation corridors, aboriginal heritage or cultural values of the land, and its scenic qualities.
(a) to enhance, restore and protect the natural and cultural heritage values of the land,
(b) to enable the land to be used for regional open space or recreational purposes that are consistent with the protection of its natural and cultural heritage values.
(a) to enhance, restore and protect the natural and cultural heritage values of the land,
(b) to enable the land to be used for public open space or recreational purposes that are consistent with the protection of its natural and cultural heritage values.
For the purposes of this Part, land is within the land use zones shown on the land zoning map.
The land use table set out at the end of this section specifies the following for each land use zone—
(a) development that may be carried out without consent,
(b) development that may be carried out only with consent,
(c) development that is prohibited.
This section is subject to the other provisions of this Chapter.
In the land use table—
(a) some, but not all, persons are admitted free of charge, or
(b) the money or other consideration is required as a charge—
(i) for a meal or other refreshment before admission is granted, or
(ii) for the entertainment after admission is granted.
Development permitted by or under the National Parks and Wildlife Act 1974 (but only if the land is reserved under that Act); development for the purpose of eradicating noxious weeds in accordance with the Noxious Weeds Act 1993.
Development for building identification signs, environmental facilities, environmental protection works, flood mitigation works, information and education facilities, kiosks associated with environmental facilities, temporary structures.
Any other development.
Development permitted by or under the National Parks and Wildlife Act 1974 (but only if the land is reserved under that Act); development for the purpose of eradicating noxious weeds in accordance with the Noxious Weeds Act 1993.
Development for building identification signs, environmental facilities, environmental protection works, flood mitigation works, information and education facilities, kiosks, public entertainment, recreation areas, recreation facilities (outdoor), temporary structures.
Any other development.
Development permitted by or under the National Parks and Wildlife Act 1974 (but only if the land is reserved under that Act); development for the purpose of eradicating noxious weeds in accordance with the Noxious Weeds Act 1993.
Development for advertisements, advertising structures, drainage, earthworks, entertainment facilities, environmental protection works, flood mitigation works, kiosks associated with environmental facilities, public entertainment, recreation areas, recreation facilities, telecommunication facilities, telecommunication networks or temporary structures.
Any other development.
Despite anything to the contrary in this Part, development described or referred to in the Table to this section may be carried out on land zoned under this Part—
(a) with consent, or
(b) if the Table so provides—without consent.
The consent authority must have regard to the objectives for development in the zone concerned when determining a development application in respect of any such development.
Table of additional permitted uses
Property description | Additional use | Type of consent |
Rouse Hill Regional Park | Information and education facilities | With development consent |
Despite anything to the contrary in this Part, the consent authority may grant consent to the carrying out of development on land zoned under this Part that is not otherwise permitted by this Part if—
(a) the development is of a kind that could be carried out on the land under an applicable environmental planning instrument immediately before the commencement of this Chapter, and
(b) the relevant public authority referred to in section 3.20 that may be required to acquire the land grants concurrence to the proposed development, and
(c) the development is consistent with the aims of this Chapter.
In deciding whether to grant concurrence to proposed development under this section, the relevant public authority must take the following matters into consideration—
(a) the need to carry out development on the land for the purposes for which the land is zoned under this Part,
(b) the imminence of acquisition of the land by the public authority,
(c) the likely additional cost to the public authority resulting from the carrying out of the proposed development.
The authority of the State that will be the relevant authority to acquire any land zoned under this Part, if the land is required to be acquired under Division 3 of Part 2 of the Land Acquisition (Just Terms Compensation) Act 1991, is—
(a) in the case of land within the Environment Conservation Zone or the Public Recreation—Regional Zone—the corporation constituted under section 2.5(1) of the Act, or
(b) in the case of land within the Public Recreation—Local Zone—the council of the area in which the land is situated.
Sections 3.21 and 3.22 do not apply to land to which a Precinct Plan applies or to land referred to in section 3.11.
Until provisions have been specified in a Precinct Plan or in section 3.11 with respect to the development of the land, consent is not to be granted to the carrying out of development on land within a growth centre unless the consent authority has taken into consideration the following—
(a) whether the proposed development will preclude the future urban and employment development land uses identified in the relevant growth centre structure plan,
(b) whether the extent of the investment in, and the operational and economic life of, the proposed development will result in the effective alienation of the land from those future land uses,
(c) whether the proposed development will result in further fragmentation of land holdings,
(d) whether the proposed development is incompatible with desired land uses in any draft environmental planning instrument that proposes to specify provisions in a Precinct Plan or in section 3.11,
(e) whether the proposed development is consistent with the precinct planning strategies and principles set out in any publicly exhibited document that is relevant to the development,
(f) whether the proposed development will hinder the orderly and co-ordinated provision of infrastructure that is planned for the growth centre,
(g) in the case of transitional land—whether (in addition) the proposed development will protect areas of aboriginal heritage, ecological diversity or biological diversity as well as protecting the scenic amenity of the land.
This section does not apply to land zoned under Part 3.
This section applies to land within a growth centres precinct that has been released by the Minister under the Environmental Planning and Assessment Regulation 2021 for urban development, and so applies until provisions have been specified in a Precinct Plan or in section 3.11 with respect to the development of the land.
The consent authority must, in the case of a development application for the carrying out of development (not being for a single residential dwelling)—
(a) with an estimated development cost of more than $500,000, or
(b) in respect of land that has an area of more than 2 hectares, or
(c) that is a subdivision of land (being a subdivision that creates 2 or more lots),
refer the application to the Planning Secretary for comment.
The Environmental Planning and Assessment Regulation 2021, section 35 provides that a development application referred to in this subsection cannot be made unless it is accompanied by an assessment of the consistency of the proposed development with the relevant growth centre structure plan.
The consent authority must take any comments received from the Planning Secretary (within 21 days after the development application was referred to the Planning Secretary for comment) into consideration when determining whether to grant consent to any such development.
(Repealed)
Despite subsection (1), this section does not apply to land within the Alex Avenue and Riverstone Precincts that is not land to which the Alex Avenue and Riverstone Precinct Plan 2010 (as referred to in Appendix 7) applies.
The Alex Avenue and Riverstone Precinct Plan 2010 applies to land in the Alex Avenue and Riverstone Precincts (as shown on the Land Application Map).
The Land Application Map differs from the Precinct Boundary Map. and, as such, the Alex Avenue and Riverstone Precinct Plan 2010 does not apply to all the land in the Alex Avenue and Riverstone Precincts (as shown on the Precinct Boundary Map).
Despite subsection (5), this section does apply to Lot 2, DP 563818.
In this section—
This section and sections 3.24 and 3.25 apply to all land to which this State Environmental Planning Policy applies (except as otherwise provided by those sections).
This section applies to land within a growth centre—
(a) that is serviced by a water recycling plant, or
(b) that will be serviced by a water recycling plant as soon as the plant becomes operational.
A consent authority must not grant consent to the carrying out of development on land unless the consent authority is satisfied that recycled water from the water recycling plant will be provided to the development.
However, the consent authority may grant consent if it is satisfied that the development will be provided with recycled water from a water recycling or water conservation system approved by the Minister and specified in the Table to this section.
(Repealed)
Table of approved systems
On the commencement of this Chapter, the Table was blank.
Development for public utility undertakings (other than electricity generating works or water recycling facilities) may be carried out without consent on land to which this Chapter applies (subject to subsection (3)).
A public authority, or a person acting on behalf of a public authority, must not carry out development comprising the clearing of native vegetation (within the meaning of the Native Vegetation Act 2003) on land that is not
(a) given written notice of the intention to carry out the development to the Department of Planning and Infrastructure, and
(b) taken into consideration any response to the notice that is received from that Department within 21 days after the notice is given.
The consent authority must not grant consent to development for the purpose of electricity generating works or water recycling facilities unless it is satisfied that the development—
(a) will be of a small scale, and
(b) is likely to have only a minor environmental impact, and
(c) is consistent with the principles of ecologically sustainable development.
This section applies to development requiring consent that is carried out on flood prone and major creeks land (other than any such land to which section 3.27 applies).
Consent is not to be granted to the carrying out of development to which this section applies unless the consent authority has taken the following into consideration—
(a) whether or not the development will adversely affect flood behaviour resulting in detrimental increases in the potential flood affectation of other development or properties,
(b) whether or not the development will alter flow distributions and velocities to the detriment of other properties or the environment of the floodplain,
(c) whether the development will enable safe occupation of the flood prone and major creeks land,
(d) whether or not the development will detrimentally affect the floodplain environment or cause avoidable erosion, siltation, salinity, destruction of riparian vegetation or a reduction in the stability of the riverbank/watercourse,
(e) whether or not the development will be likely to result in unsustainable social and economic costs to the flood affected community or general community, as a consequence of flooding,
(f) whether or not the development is compatible with the flow conveyance function of the floodway,
(g) whether or not the development is compatible with the flood hazard,
(h) in the case of development consisting of the excavation or filling of land, whether or not the development—
(i) will detrimentally affect the existing drainage patterns and soil stability in the locality, and
(ii) will significantly impact on the likely future use or redevelopment of the land, and
(iii) will adversely impact on the existing and likely amenity of adjoining properties, and
(iv) will minimise the disturbance of relics, and
(v) will adversely impact on any watercourse, drinking water catchment or environmentally sensitive area.
Section 4.15 of the Act requires other matters to be taken into consideration by a consent authority, including any draft environmental planning instrument that is placed on public exhibition during the precinct planning process for the purpose of including relevant land use and other development controls in an Appendix made under this Chapter.
This section applies to the land shown outlined in red on the North West Growth Centre Development Control
Map (the
Despite any other provision of this Chapter (including any Precinct Plan), the consent authority must not grant consent for development on land in the relevant area unless it is satisfied that the proposed development—
(a) will be undertaken in a way that is consistent with the floodplain management strategy in the Riverstone West Precinct Development Control Plan published by the Department in August 2009, and
(b) does not materially increase flood levels on properties adjoining the relevant area in events up to the design 100 year recurrence flood, and
(c) limits any increases in flood velocities on properties adjoining the relevant area in events up to the design 100 year recurrence flood to minor increases only, and
(d) is not likely to result in adverse flood impacts on properties adjoining the relevant area (including during any construction stage of the proposed development).
This section does not apply to development that the consent authority is satisfied is minor and will not result in unacceptable adverse flood impacts on properties adjoining the relevant area.
This Part applies to the following land—
(a) land zoned under Part 3.3,
(b) flood prone and major creeks land,
(c) transitional land,
(d) land that is—
(i) under State Environmental Planning Policy (Precincts—Western Parkland City) 2021, Chapter 7, in an environmental conservation area shown on the State Environmental Planning Policy (Western Sydney Parklands) 2009 Environmental Conservation Areas Map, and
(ii) in a growth centre.
This Part does not apply to land reserved under the National Parks and Wildlife Act 1974, unless the land is land mentioned in subsection (1)(d).
Despite subsection (1), this Part does not apply to land to which a Precinct Plan applies.
(Repealed)
This Part applies to native vegetation within the meaning of the Native Vegetation Act 2003.
This Part does not apply to any particular native vegetation that the council of the area concerned is satisfied—
(a) is dying or dead and is not required as the habitat of native fauna, or
(b) is a risk to human life or property.
This Part does not apply to any native vegetation—
(a) within a State forest, or land reserved from sale as a timber or forest reserve under the Forestry Act 1916, or
(b) declared to be noxious weeds under the Noxious Weeds Act 1993.
A person must not clear native vegetation on land to which this Part applies without—
(a) approval under Part 3A of the Act, or
(b) development consent.
For the purposes of this section,
A consent of the relevant consent authority required under this section for the clearing of native vegetation is in addition to any development consent required or granted by the Minister for Natural Resources under the Native Vegetation Act 2003 in respect of that clearing.
Development consent under this section is not to be granted unless the consent authority is satisfied of the following in relation to the disturbance of bushland caused by the clearing of the vegetation—
(a) that there is no reasonable alternative available to the disturbance of the bushland,
(b) that as little bushland as possible will be disturbed,
(c) that the disturbance of the bushland will not increase salinity,
(d) that bushland disturbed for the purposes of construction will be re-instated where possible on completion of construction,
(e) that the loss of remnant bushland caused by the disturbance will be compensated by revegetation on or near the land to avoid any net loss of remnant bushland,
(f) that no more than 0.5 hectare of bushland will be cleared unless the clearing is essential for a previously permitted use of the land.
The consent authority must, when determining a development application in respect of the clearing of native vegetation on land within a zone under Part 3, have regard to the objectives for development in that zone.
This section does not apply to or in respect of action required or authorised to be done by or under the Electricity Supply Act 1995, the Roads Act 1993, the Sydney Water Act 1994 or the Surveying Act 2002.
This Part does not affect any requirement of another environmental planning instrument applying to the land concerned relating to the preservation of trees. However, a development consent granted under this Part that allows any clearing of native vegetation satisfies any requirement under that other instrument for approval of any ringbarking, cutting down, topping, lopping, removal, injuring or destruction of a tree resulting from any such clearing.
This Part applies to development requiring consent that is carried out on the cultural heritage landscape area, being the land in the vicinity of the Rouse Hill House Estate that is shown hatched brown on the map marked “North West Growth Centre Development Control Map”.
Consent is not to be granted to the carrying out of development to which this Part applies unless the consent authority has taken the following into consideration—
(a) whether or not the development will adversely impact on the cultural heritage values of the Rouse Hill House Estate and its setting, having regard, in particular, to the following matters—
(i) any proposed subdivision design and layout,
(ii) the siting, height, bulk and scale of any proposed buildings or works (including any buildings or works likely to result from any proposed subdivision),
(iii) the materials and colours to be used in any proposed buildings, fences or other structures,
(iv) the extent, location and form of any proposed landscaping and its ability to reduce the visual impact of the development,
(v) the impact of the development on any archaeological relics,
(b) a site analysis of the cultural heritage landscape area that assesses development that is responsive to the topography of the area and to other development in the vicinity,
(c) a visual analysis that assesses the impact of the development on views to and from the Rouse Hill House Estate,
(d) measures to minimise any adverse impact of the development on the cultural heritage values of Rouse Hill House Estate and its setting.
Section 4.15 of the Act requires other matters to be taken into consideration by a consent authority, including any draft environmental planning instrument that is placed on public exhibition during the precinct planning process for the purpose of including relevant land use and other development controls in Schedule 1.
This Chapter applies to land identified as the “Homebush Bay Area” on the Homebush Bay Area Map.
The aims of this Chapter are—
(a) to define objectives for the Homebush Bay Area which encourage co-ordinated and environmentally sensitive development of the Homebush Bay Area, and
(b) to guide and co-ordinate the development of the Homebush Bay Area, and
(c) to replace planning instruments previously applying to the Homebush Bay Area with a simplified planning framework, and
(d) to provide flexible development controls by allowing a wide mix of uses in the Homebush Bay Area, and
(e) to provide for the preparation of detailed planning controls to complement the flexible controls in this Chapter, and
(f) to facilitate the development and management of Sydney Olympic Park by the Sydney Olympic Park Authority based on—
(i) master plans (whether adopted by the Minister under this Chapter or approved by the Minister under section 18 of the Sydney Olympic Park Authority Act 2001), and
(ii) other guidelines and management strategies adopted by the Sydney Olympic Park Authority for the management of Sydney Olympic Park, and
(g) to provide for public consultation in the planning and development of the Homebush Bay Area.
This Chapter prevails to the extent of any inconsistency between this Chapter and any other environmental planning instrument which applies to land to which this Chapter applies, except the following—
• State Environmental Planning Policy No 55—Remediation of Land
It does not matter whether the other instrument was made before, or is made on or after, the day on which this plan takes effect.
This Chapter repeals or amends the planning instruments listed in Schedule 1 as set out in that Schedule.
Section 33 of the Sydney Harbour Trust Act 1900 and any agreement or covenant do not apply to any development permitted under this Chapter to the extent necessary to enable the development to be carried out in accordance with this Chapter.
Before this Chapter was made, the Governor approved of the making of this section on the recommendation of the Minister made with the concurrence of the Minister administering the Sydney Harbour Trust Act 1900.
Certain terms used in this Chapter are defined in Schedule 2.
References in this Chapter to maps and documents are to maps and documents deposited at the head office of the Department and copies of which are held at the Department’s Sydney Region West office. Copies of the maps are also held at the offices of the Councils of Auburn, Canada Bay and Strathfield.
Notes included in this Chapter do not form part of this Chapter.
This Chapter adopts clauses 4 (except for the definition of
For the purposes of that adoption, references in those Provisions to a local environmental plan are taken to be references to this Chapter.
All development within the Homebush Bay Area requires the consent of the consent authority, except development described in Schedule 3.
The relevant council is the consent authority for land in the Homebush Bay Area (including land/water interface development), except as provided by subsection (2), the Act and the Sydney Olympic Park Authority Act 2001.
The Minister for Transport has the function of determining all development applications for consent for water-based development.
Development of land within the Homebush Bay Area may be carried out for any purpose that the consent authority considers to be consistent with any one or more of the planning objectives for the Homebush Bay Area.
The following development may be carried out, but only with development consent, on land shown coloured and described as “Residential”, “Village Centre” or “High Tech Business Park” on the map marked “Sydney Regional Environmental Plan No 24—Homebush Bay Area—Amendment No 2—Map 1”—
(a) subdivision, or
(b) development for the purposes of a building, work, place or land use specified in Schedule 8 in relation to the land concerned.
In Schedule 8—
(a) terms used in that Schedule that are defined in the Environmental Planning and Assessment Model Provisions 1980 have the same meanings as they have in those model provisions, and
(b) solar generating work means a device that captures solar energy for use on a site or for transferral to an electricity grid.
The planning objectives for the Homebush Bay Area are as follows—
• Regional Role and Land Use (a) to promote development of major public facilities and other public facilities that will establish the Homebush Bay Area, and Sydney Olympic Park in particular, as a centre for hosting regional, State, national and international events,
(b) to preserve and protect the Homebush Bay Area’s regionally significant wetlands and woodlands in Sydney Olympic Park,
(c) to promote a variety of types of development and land uses other than those referred to in paragraph (a) (for example, commercial, retail, industrial, residential, recreational, open space, institutional and tourism uses), but only if the type and scale of those uses do not prevent the use or reduce the attractiveness or suitability of the Homebush Bay Area, and Sydney Olympic Park in particular, for development referred to in paragraph (a),
(d) to permit a range of ancillary development and land uses (for example, roads, parking areas, public transport, utility services, remediation of land, flood mitigation, drainage works, land filling, earthworks, clearing, site rehabilitation and dredging works),
• Relationship to Surrounding Sites and Areas (e) to integrate the Homebush Bay Area, and Sydney Olympic Park in particular, with the regional transport network, whether on land or water, including public transport systems, roads, cycleways and walkways,
(f) to protect the Homebush Bay Area and land surrounding it from adverse effects resulting from the holding of major public events,
• Quality and Nature of Urban Form (g) to promote co-ordinated, sensitive and high quality development in the Homebush Bay Area through the adoption of overall guidelines for development relating to, for example, urban design, landscaping and signage,
(h) to promote ecologically sustainable development,
(i) to take advantage of the proximity of the Homebush Bay Area to the Parramatta River and Homebush Bay by encouraging development that preserves and improves views from and of the waterfront and to enhance public access to those waterways and waterfront areas, while protecting flora and fauna habitats,
• Environmental and Heritage Protection (j) to protect sensitive natural environments, such as wetlands, woodlands and grasslands/wetlands (as shown on the map marked “Homebush Bay Area—Environmental Conservation Areas Map”), by identifying environmental conservation areas and ensuring that the ecological significance of these areas is not reduced,
(k) to identify and protect heritage items, heritage conservation areas and potential historical archaeological sites and ensure that development is sympathetic to them,
(l) to enable the habitat of birds protected under international agreements for the protection of migratory birds to be conserved.
In determining a development application, the consent authority must (in addition to considering the other matters required to be considered by section 79C of the Act) consider such of the following matters as are of relevance to the development the subject of the application—
(a) any relevant master plan prepared for the Homebush Bay Area,
(b) any development control plans prepared for the land to which the application relates,
(c) to the extent to which it applies to land within Sydney Olympic Park, the “Environmental Guidelines” within the meaning of the Sydney Olympic Park Authority Act 2001 and any plan of management referred to in section 34 of that Act,
(d) the appearance, from the waterway and the foreshores, of the development,
(e) the impact of the development on significant views,
(f) the effect of the development on drainage patterns, ground water, flood patterns and wetland viability,
(g) the extent to which the development encompasses the principles of ecologically sustainable development,
(h) the impact of carrying out the development on environmental conservation areas and the natural environment, including flora and fauna and the habitats of the species identified in international agreements for the protection of migratory birds,
(i) the impact of carrying out the development on heritage items, heritage conservation areas and potential historical archaeological sites,
(j) the views of the public and other authorities which have been consulted by the consent authority under this Chapter,
(k) the issues listed in Schedule 7.
The consent authority may consent to any use of a site which is not consistent with the planning objectives for the Homebush Bay Area for a limited period if the consent authority is satisfied the use will not prejudice the eventual development of the Homebush Bay Area in accordance with the rest of this Chapter.
The consent authority must, before granting consent to such a use, be satisfied that—
(a) appropriate arrangements have been made for the reinstatement of the site after its use in accordance with the consent so that it may be used in accordance with the rest of this Chapter, and
(b) the use will be limited to such period as the consent authority stipulates, and
(c) the use will not adversely affect any existing use or permissible development in accordance with this Chapter on other sites within the Homebush Bay Area, and
(d) the use will not have any detrimental effects on the natural environment.
Development consent must not be granted for development on land edged red on the map marked “Sydney Regional Environmental Plan No 24—Homebush Bay Area—Amendment No 2—Map 4” unless—
(a) there is a master plan for the subject land, and
(b) the consent authority has taken the master plan into consideration, and
(c) the development is consistent with the master plan,
except as provided by this section.
The Minister may waive compliance with the requirements of this section because of the minor nature of the development concerned, the adequacy of the planning controls that apply to the proposed development or for such other reason as the Minister considers sufficient.
A draft master plan for the land referred to in section 4.13, or any part of that land, may be prepared by or on behalf of the owner or lessee of the land concerned or the Director-General.
A draft master plan prepared by an owner or lessee is to illustrate and explain, where appropriate in relation to the land, proposals for the following—
(a) design principles drawn from an analysis of the site and its context,
(b) phasing of development,
(c) distribution of land uses including foreshore public access and open space,
(d) pedestrian, cycle and road access and circulation networks,
(e) parking provision,
(f) subdivision pattern,
(g) infrastructure provision,
(h) building envelopes and built form controls,
(i) heritage conservation, implementing the guidelines set out in any applicable conservation policy, and protection of archaeological relics,
(j) remediation of the site,
(k) provision of public facilities,
(l) provision of open space, its function and landscaping,
(m) the protection of the environment, in particular as regards such part of the site as is or forms part of—
(i) a reserve under the National Parks and Wildlife Act 1974, or
(ii) an aquatic reserve or critical habitat under Part 7 or 7A of the Fisheries Management Act 1994, or
(iii) critical habitat under the Threatened Species Conservation Act 1995, or
(iv) an item of the environmental heritage or conservation area (however described) under any environmental planning instrument, or
(v) a heritage item under the Heritage Act 1977.
To the extent to which it applies to land within Sydney Olympic Park, a draft master plan must be consistent with the plan of management for the Millennium Parklands under Division 3 of Part 4 of the Sydney Olympic Park Authority Act 2001.
To each master plan prepared for Sydney Olympic Park under this section, subsection (3) extends a requirement that applies to a master plan prepared for Sydney Olympic Park under section 18 of the Sydney Olympic Park Authority Act 2001.
A draft master plan must be submitted to the Minister for adoption.
The Director-General may recommend that a draft master plan be adopted without any variations or that it be adopted with such variations as the Director-General considers appropriate.
When submitted to the Minister, the draft master plan must—
(a) be advertised in a newspaper circulating throughout the State and in the locality, and
(b) be exhibited for not less than 21 days for public comment.
In considering a draft master plan, the Minister—
(a) must take into account—
(i) any written submissions made about the content of the draft master plan during the exhibition period, and
(ii) the views of the relevant council, and
(b) to the extent to which it applies to land within Sydney Olympic Park, must consider whether the plan is consistent with the “Environmental Guidelines” within the meaning of the Sydney Olympic Park Authority Act 2001.
To each master plan prepared for Sydney Olympic Park under this section, subsection (7) (b) extends a requirement that applies to a master plan prepared for Sydney Olympic Park under section 18 of the Sydney Olympic Park Authority Act 2001.
A draft master plan becomes a master plan if it is adopted by the Minister.
When a master plan is adopted, the Director-General must advertise the adoption of the master plan in a newspaper circulating in the locality.
A master plan may be amended by a master plan.
An amendment to a master plan may be dealt with concurrently with a development application.
A copy of each master plan must be made publicly available on the website of the Department.
This section applies to a master plan prepared under section 18 of the Sydney Olympic Park Authority Act 2001.
When submitted to the Minister for approval, as referred to in section 18 (4) of the Sydney Olympic Park Authority Act 2001—
(a) the draft master plan is to be advertised in a newspaper circulating throughout the State and in the locality and is to be exhibited for not less than 21 days for public comment, and
(b) copies of the draft master plan are to be given to each council whose local government area includes the land to which the plan applies or any other land that, in the opinion of the Director-General, is likely to be affected by the proposals contained in the plan.
The Minister must take into account—
(a) any written submissions made about the content of the draft master plan during the exhibition period, and
(b) the views of the relevant council.
A master plan that has been approved by the Minister, as referred to in section 18 (4) of the Sydney Olympic Park Authority Act 2001 has the same effect as a master plan adopted by the Minister under section 4.14 if, and only if, it complies with the requirements of section 4.14 (2).
The document prepared by the Sydney Olympic Park Authority, entitled Draft Sydney Olympic Park Post-Olympic Master Plan and dated January 2002 is taken to be a draft master plan submitted to the Minister under subsection (2).
Copies of each master plan and development control plan in relation to land within the Homebush Bay Area, as in force for the time being, must be made publicly available on the website of—
(a) the Department, and
(b) if part of a council’s local government area is within the Homebush Bay area—the council.
Before granting consent, the consent authority must be satisfied that development will not commence until arrangements, which are satisfactory to servicing agencies it considers relevant, have been made for the supply of services such as water, sewerage, gas, electricity and drainage.
Before granting consent to the carrying out of development on land in the vicinity of Haslam’s Creek defined as floodprone on the latest of any appropriate plan or report adopted for the time being by the consent authority for the purposes of this section, the consent authority must consider—
(a) the findings and recommendations of that report, and
(b) the impact of the proposed development on flood flows and whether compensatory works should be provided, and
(c) if landfilling is involved, whether any compensatory flood storage or other flood mitigation works should be provided, and
(d) the impact of the development on the ecological significance of Haslam’s Creek and Homebush Bay and their associated wetlands and any measures proposed to minimise any adverse impact, such as the provision of compensatory wetland habitats.
Before granting consent to the carrying out of development within the Homebush Bay Area, the consent authority must be satisfied that—
(a) adequate steps have been taken to identify whether the land the subject of the development is contaminated and, if so, whether remedial action needs to be taken, and
(b) where land to be remediated contains or adjoins land which contains remnants of the natural vegetation, consideration has been given to reinstatement on the land of vegetation of the same kind in a way which will enhance the remaining natural vegetation.
Despite clause 35 of, and Schedule 1 to, the Environmental Planning and Assessment Model Provisions 1980 adopted by this Chapter, development (not being exempt development or complying development) that is likely to result in the disturbance of more than one tonne of soil, or to lower the water table, on land on which acid sulfate soils are present may be carried out only with development consent.
Before granting a consent required by this section, the consent authority must consider—
(a) the adequacy of an acid sulfate soils management plan prepared for the proposed development in accordance with the Acid Sulfate Soils Assessment Guidelines, as published by the NSW Acid Sulfate Soils Management Advisory Committee and adopted for the time being by the Director, and
(b) the likelihood of the proposed development resulting in the discharge of acid waters.
Consent for development referred to in this section is required despite clause 10 of State Environmental Planning Policy No 4—Development Without Consent and Miscellaneous Complying Development.
Before granting consent to development of any land for the purpose of a major public facility, the consent authority must assess whether the use of the major public facility will have an adverse impact on adjacent sites in the Homebush Bay Area or on surrounding land.
This section applies to land within an environmental conservation area.
The consent authority must not consent to the carrying out of development in an environmental conservation area if, in the opinion of the consent authority, that development would reduce significantly the ecological value of that environmental conservation area.
A person must not fill, clear, drain or dredge any land to which this section applies, construct a levee on any such land, or remove or destroy vegetation on any such land, except with the consent of the consent authority.
Before granting consent to the carrying out of development on land to which this section applies, the consent authority—
(a) may refuse to grant the application unless, in the opinion of the consent authority, the issues listed in Schedule 7 of relevance to the proposed development have been adequately addressed, and
(b) must take into account—
(i) the recommendations of the Millennium Parklands Concept Plan prepared by Hassell Pty Ltd and dated December 1997, a copy of which is available for inspection at the head office, and the Sydney Region West office, of the Department, and
(ii) the development consent (reference number S/38/3/98) granted by the Minister in relation to the development of the Millennium Parklands, and
(c) must consider whether the development is consistent with—
(i) the SOPA Frog Management Plan, and
(ii) any relevant master plan, and
(iii) to the extent to which it applies to land within Sydney Olympic Park, any plan of management adopted by the Sydney Olympic Park Authority in accordance with the Sydney Olympic Park Authority Act 2001.
In considering an application for consent to the carrying out of development within 30 metres (or, in the case of the North Newington woodland area, 200 metres) of an environmental conservation area, the consent authority—
(a) must take into account—
(i) the effect of the proposed development on the environmental conservation area, and
(ii) the recommendations of the Millennium Parklands Concept Plan prepared by Hassell Pty Ltd and dated December 1997, a copy of which is available for inspection at the head office, and the Sydney Region West office, of the Department, and
(iii) the development consent (reference number S/38/3/98) granted by the Minister in relation to the development of the Millennium Parklands, and
(b) must consider whether the development is consistent with—
(i) the SOPA Frog Management Plan, and
(ii) any relevant master plan, and
(iii) to the extent to which it applies to land within Sydney Olympic Park, any plan of management adopted by the Sydney Olympic Park Authority in accordance with the Sydney Olympic Park Authority Act 2001.
The following development may be carried out only with development consent—
(a) demolishing or moving a heritage item or a building, work, relic, tree or place within a heritage conservation area,
(b) altering a heritage item or a building, work, relic, tree or place within a heritage conservation area by making structural or non-structural changes to its exterior, such as to its detail, fabric, finish or appearance,
(c) altering a heritage item by making structural changes to its interior,
(d) disturbing or excavating a place of Aboriginal heritage significance or an archaeological site while knowing, or having reasonable cause to suspect, that the disturbance or excavation will or is likely to result in a relic being discovered, exposed, moved, damaged or destroyed,
(e) moving the whole or a part of a heritage item,
(f) erecting a building on, or subdividing, land on which a heritage item is located or which is within a heritage conservation area.
Development consent is not required by this section if—
(a) in the opinion of the consent authority—
(i) the proposed development is of a minor nature or consists of maintenance of the heritage item or of a building, work, archaeological site, tree or place within a heritage conservation area, and
(ii) the proposed development would not adversely affect the significance of the heritage item or heritage conservation area, and
(b) the proponent has notified the consent authority in writing of the proposed development and the consent authority has advised the applicant in writing before any work is carried out that it is satisfied that the proposed development will comply with this subsection and that development consent is not otherwise required by this Chapter.
Development consent is not required by this section for the following development in a cemetery or burial ground if there will be no disturbance to human remains, to relics in the form of grave goods or to a place of Aboriginal heritage significance—
(a) the creation of a new grave or monument, or
(b) an excavation or disturbance of land for the purpose of carrying out conservation or repair of monuments or grave markers.
Before granting a consent required by this section, the consent authority must assess the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item or heritage conservation area concerned.
The website of the Heritage Branch of the Department of Planning has publications that provide guidance on assessing the impact of proposed development on the heritage significance of items (for example, Statements of Heritage Impact).
The assessment must include consideration of a
The minimum number of issues that must be addressed by the heritage impact statement are—
(a) for development that would affect a
heritage item —(i) the heritage significance of the item as part of the environmental heritage of the Homebush Bay Area, and
(ii) the impact that the proposed development will have on the heritage significance of the item and its setting, including any landscape or horticultural features, and
(iii) the measures proposed to conserve the heritage significance of the item and its setting, and
(iv) whether any archaeological site or potential historical archaeological site would be adversely affected by the proposed development, and
(v) the extent to which the carrying out of the proposed development would affect the form of any historic subdivision, and
(b) for development that would be carried out in a
heritage conservation area —(i) the heritage significance of the heritage conservation area and the contribution which any building, work, relic, tree or place affected by the proposed development makes to this heritage significance, and
(ii) the impact that the proposed development would have on the heritage significance of the heritage conservation area, and
(iii) the compatibility of any proposed development with nearby original buildings and the character of the heritage conservation area, taking into account the size, form, scale, orientation, setbacks, materials and detailing of the proposed development, and
(iv) the measures proposed to conserve the significance of the heritage conservation area and its setting, and
(v) whether any landscape or horticultural features would be affected by the proposed development, and
(vi) whether any archaeological site or potential historical archaeological site would be affected by the proposed development, and
(vii) the extent to which the carrying out of the proposed development in accordance with the consent would affect any historic subdivision pattern, and
(viii) the issues raised by any submission received in relation to the proposed development in response to the notification or advertising of the application.
Before granting consent for development that is likely to have an impact on a place of Aboriginal heritage significance or a potential place of Aboriginal heritage significance, or that will be carried out on an archaeological site of a relic that has Aboriginal heritage significance, the consent authority must—
(a) consider a heritage impact statement explaining how the proposed development would affect the conservation of the place or site and any relic known or reasonably likely to be located at the place or site, and
(b) except where the proposed development is integrated development, notify the local Aboriginal communities (in such way as it thinks appropriate) of its intention to do so and take into consideration any comments received in response within 21 days after the relevant notice is sent, and
(c) be satisfied that any necessary excavation permit required by the Heritage Act 1977 has been granted.
Before granting consent for development that will be carried out on an archaeological site or a potential historical archaeological site of a relic that has non-Aboriginal heritage significance (whether or not it is, or has the potential to be, also the site of a relic of Aboriginal heritage significance), the consent authority must—
(a) consider a heritage impact statement explaining how the proposed development will affect the conservation of the site and any relic known or reasonably likely to be located at the site, and
(b) be satisfied that any necessary excavation permit required by the Heritage Act 1977 has been granted.
This section does not apply if the proposed development—
(a) does not involve disturbance of below-ground deposits and the consent authority is of the opinion that the heritage significance of any above-ground relics would not be adversely affected by the proposed development, or
(b) is integrated development.
Before granting consent to development in the vicinity of a heritage item, the consent authority must assess the impact of the proposed development on the heritage significance of the heritage item and of any heritage conservation area within which it is situated.
This section extends to development—
(a) that may have an impact on the setting of a heritage item, for example, by affecting a significant view to or from the item or by overshadowing, or
(b) that may undermine or otherwise cause physical damage to a heritage item, or
(c) that will otherwise have any adverse impact on the heritage significance of a heritage item or of any heritage conservation area within which it is situated.
The consent authority may refuse to grant any such consent unless it has considered a heritage impact statement that will help it assess the impact of the proposed development on the heritage significance, visual curtilage and setting of the heritage item.
The heritage impact statement should include details of the size, shape and scale of, setbacks for, and the materials to be used in, any proposed buildings or works and details of any modification that would reduce the impact of the proposed development on the heritage significance of the heritage item.
Before granting consent for the erection of a building within a heritage conservation area, the consent authority must be satisfied that the features of the proposed building will be compatible with the heritage significance of the heritage conservation area, having regard to the form of, and materials used in, buildings that contribute to the heritage significance of the heritage conservation area.
In satisfying itself about those features, the consent authority must have regard to at least the following (but is not to be limited to having regard to those features)—
(a) the pitch and form of the roof (if any),
(b) the style, size, proportion and position of the openings for windows or doors (if any),
(c) the colour, texture, style, size and type of finish of the materials to be used on the exterior of the building,
(d) the landscaped area of the site.
The general aims and objectives of this Chapter are—
(a) to conserve the natural environment of the Kurnell Peninsula and ensure that development is managed having regard to the environmental, cultural and economic significance of the area to the nation, State, region and locality,
(b) to apply environmental performance criteria which will ensure that the environment is not adversely affected by development,
(c) to promote, encourage and facilitate opportunities for commercial, industrial and tourist development consistent with the conservation of the unique ecological and landscape attributes of the Kurnell Peninsula,
(d) to ensure that development is co-ordinated to allow the economic and efficient provision of public services and amenities having regard to the environment,
(e) to promote the sharing of responsibility for environmental planning on the Kurnell Peninsula between the Council, the Department of Planning, the Department of Environment, Climate Change and Water, the Department of Industry and Investment and Sydney Water Corporation,
(f) to protect, enhance and utilise the tourism, leisure and recreation potential of the Kurnell Peninsula so far as it is consistent with the conservation of its ecological and heritage value.
The particular environmental planning aims and objectives of this Chapter are—
(a) to preserve and protect the wetland areas of the Kurnell Peninsula in the environmental and economic interest of the State, region and locality,
(b) to identify lands having high value and strategic importance as local or regional open space and national park or nature reserve areas and to facilitate bringing these lands into public ownership,
(c) to protect the health, well-being and safety of the local community,
(d) to identify and conserve areas, sites and features of natural, ecological, historic or cultural significance,
(e) to conserve and manage the aquatic environment and its resources in the interests of the community and the oyster, prawn and fishing industries,
(f) to identify and protect lands having regional and international significance as wildlife habitats,
(g) to ensure that the recommendations of any relevant risk assessment or transportation studies are implemented,
(h) to control and progressively phase out sand mining and to facilitate the rehabilitation of degraded lands, and
(i) to conserve the environmental heritage of the Kurnell Peninsula.
This Chapter applies to the land within the Shire of Sutherland, known as Kurnell Peninsula, and adjacent waterways, as shown on the map, with boundaries as indicated on the map.
Despite subsection (1), this Chapter does not apply to the following land—
• Land at Parraweena Road, Taren Point, adjoining Woolooware Bay, to which Sutherland Shire Local Environmental Plan 2006 applies.
This Chapter repeals the following environmental planning instruments—
(a) Sydney Regional Environmental Plan No 3—(Kurnell Peninsula),
(b) Sydney Regional Environmental Plan No 12—Dual Occupancy to the extent to which, immediately before the commencement of this Chapter, that plan applied to the land to which this Chapter applies,
(c) State Environmental Planning Policy No 5—Housing for Aged or Disabled Persons to the extent to which, immediately before the commencement of this Chapter, that Policy applied to the land to which this Chapter applies,
• Sydney Regional Environmental Plan No 24—Homebush Bay Area Land Application Map (SREP_24_HBA_LAP_001_006_20130814)
(a) boardwalks,
(b) boating industry facilities,
(c) boat launching ramps,
(d) marinas,
(e) public water transport facilities,
(f) water based restaurants and entertainment facilities,
(g) water recreational facilities.
(a) a place that has the physical remains of pre-European occupation by, or is of contemporary significance to, the Aboriginal people. It can (but need not) include items and remnants of the occupation of the land by Aboriginal people, such as burial places, engraving sites, rock art, midden deposits, scarred and sacred trees and sharpening grooves, or
(b) a natural Aboriginal sacred site or other sacred feature. It includes natural features such as creeks or mountains of long-standing cultural significance, as well as initiation, ceremonial or story places or areas of more contemporary cultural significance.
(a) that is specified in Schedule 4, Part 3 and identified as such in a distinctive manner on the map marked “Homebush Bay Area—Heritage and Conservation Areas Map”, or
(b) that, in the opinion of the consent authority, has the potential to be an historical archaeological site, even if it is not so specified.
(a) any deposit, object or material evidence (which may consist of human remains) that is more than 50 years old relating to the use or settlement, not being Aboriginal habitation, of the Homebush Bay Area and that is a fixture or is wholly or partly within the ground, or
(b) any deposit, object or material evidence (which may consist of human remains) of any age relating to Aboriginal habitation of the Homebush Bay Area.
(a) removing the cause of contamination from land, or
(b) reducing contamination of land, or
(c) eliminating or reducing any danger arising from the contamination of land, or
(d) rehabilitating land.
(a) aids to navigation,
(b) aviation facilities,
(c) boat lifts,
(d) charter or tourism boating facilities,
(e) commercial port facilities,
(f) dredging (except for dredging associated with remediation of land),
(g) flora or fauna enclosures,
(h) houseboats,
(i) maintenance dredging,
(j) moorings,
(k) reclamation,
(l) sea walls,
(m) shore-related moorings,
(n) slipways,
(o) swimming enclosures,
(p) wharves, jetties or pontoons.
(Section 4.7)
Development described in Schedule 1 to the Environmental Planning and Assessment Model Provisions 1980.
Schedule 2, definitions of “heritage conservation area”, “heritage item” and “potential historical archaeological site”
The area bounded by Herb Elliott Avenue, Showground Road, Dawn Fraser Avenue and the Railway Garden, containing the Avenue of Palms, administration building precinct and landscaped gardens.
The area identified in the Heritage Items Site Identification Manual containing the heritage items 1 to 8 inclusive.
Items identified in the Heritage Items Site Identification Manual and known as—
Item 1 | The Vernon Buildings, the Maiden Gardens and the Railway Garden within the Historic Abattoir Administration Precinct, bounded by Herb Elliott Avenue, Showground Road, Dawn Fraser Avenue and the Railway Garden. |
Item 2 | The Avenue of Palms. |
Item A | The collection of buildings, structures, relics and landforms constructed by the Royal Australian Navy as an armaments depot during the 19th and 20th centuries, together with the rare river edge wetlands and the Cumberland Plain woodland area, to the extent to which they are—
|
Item 87 | Explosives Store |
Items identified in the Heritage Items Site Identification Manual and known as—
Item 1 | Newington House |
Item 2 | St. Augustine’s Chapel |
Item 3 | Irwin House |
Item 4 | Margaret Catchpole Building |
Item 5 | Caroline Chisholm Building |
Item 6 | Former Superintendent’s Residence |
Item 7 | Former Ward Block |
Item 8 | Former Engineer’s House |
The area identified in the Heritage Items Site Identification Manual containing the heritage items 1 to 8 inclusive.
(Repealed)
sections 4.11(k) and 4.22(4)(a)
Each of the following issues and any additional relevant issues required to be considered by section 79C of the Act—
• The extent to which the proposal is consistent with the latest transport strategy prepared for the Sydney Olympic Park Authority.
• The adequacy of and arrangements for the following—
(a) parking provision for the servicing of the facility,
(b) access to and egress from the site, on-site parking, loading and manoeuvring of buses and coaches,
(c) the regulation of the arrival and dispersal of vehicles, including buses and trucks.
• Measures to be taken to minimise noise impact on surrounding land uses caused by use of the facility.
• Potential vandalism and arrangements and measures to be taken to minimise it.
• Any plan of management which has been prepared relating to matters raised in the statement of environmental effects to deal with management of the site of a major public facility. (Such a plan of management should address measures to be taken to—
(a) control crowd movement,
(b) promote the use of public transport,
(c) minimise vandalism to adjacent facilities,
(d) facilitate traffic flow and avoid road congestion within the Homebush Bay Area and the surrounding land, and
(e) minimise noise impact on land adjoining the site.)
• The extent to which the proposal is consistent with any guidelines for development prepared for the Sydney Olympic Park Authority in respect of the Homebush Bay Area.
• The landscaping of the site and its consistency with any such guidelines for development.
Each of the following issues and any additional relevant issues required to be considered by section 79C of the Act—
• The environmental effect of the proposed development (the proposal) on environmental conservation areas, including its effect on the following—
(a) the growth of native plant communities,
(b) the survival of native wildlife populations,
(c) the provision and quality of habitats for both indigenous and migratory bird species,
(d) the surface and groundwater characteristics of the site of the proposed development and of the surrounding area, including salinity and water quality.
• Whether feasible alternatives to the proposal (either involving the use of other land or other means) exist and, if so, the reasons for choosing the proposal.
• Whether adequate safeguards and rehabilitation measures are needed and, if so, whether they will be taken to avoid or minimise any effect of the proposal on the matters referred to in paragraphs (a) to (d).
• The public benefit (if any) in carrying out the proposal compared with the public benefit in the preservation of the environmental conservation areas.
• The findings and recommendations of relevant ecological studies prepared for the Sydney Olympic Park Authority or the Australian Department of Defence for the Homebush Bay Area and any ecological plan of management based on these studies.
• Whether new areas of native vegetation and fauna habitats need to be created to compensate for any loss of vegetation within environmental conservation areas.
(Section 4.9)
Centre-based child care facilities
Community uses
Dwelling-houses
Educational establishments
General stores
Home occupations
Places of assembly
Places of public worship
Professional consulting rooms
Public utility undertakings
Recreation facilities
Refreshment rooms
Residential flat buildings
Solar generating works
Advertisements
Advertising structures
Centre-based child care facilities
Clubs
Commercial premises
Educational establishments
General stores
Hotels
Motels
Places of assembly
Places of public worship
Public buildings
Public utility undertakings
Recreation facilities
Refreshment rooms
Shops
Service stations
Solar generating works
Taverns
Advertisements
Advertising structures
Centre-based child care facilities
Clubs
Commercial premises
Educational establishments
General stores
Hotels
Light industries
Motels
Motor showrooms
Places of assembly
Places of public worship
Public utility undertakings
Recreation facilities
Refreshment rooms
Service stations
Solar generating works
Utility installations
Warehouses
(Section 5.44)
Land forming part of Woolooware Bay in the vicinity of Mangrove Lane, Shell Point, as shown by heavy black edging on the map marked “Sutherland Local Environmental Plan No 74”—marine travel lift within the 12 metre protrusion and floating pontoon and jetty within the 9 metre protrusion.
Land situated south east of Polo Street, Kurnell, being Lot 1 DP 513932, as shown edged heavy black on the map marked “Sutherland Shire Local Environmental Plan—Kurnell Peninsula (1997)—Weather Watch Tower (Amendment No 8)”—a weather watch tower with radar.
section 5.4(1), definitions of “archaeological site” and “heritage item”
The number corresponding to a site indicates the number given to the site in the Council’s heritage survey.
A081 | Captain Cook’s landing place |
A082 | Captain Cook’s landing site |
A084 | Banks Memorial |
A085 | Solander monument |
A086 | Captain Cook monument |
A087 | Forby Sutherland monument |
A088 | Landing place wharf abutment |
A089 | Alpha Farm Site |
A090 | Captain Cook Watering hole |
A091 | Captain Cook Watering well |
A092 | Flagpole |
A093 | Yena track |
A094 | Muru track |
A028 | Four wheel drive track |
A038 | Australian Oil Refinery |
A097 | Boat Harbour house sites group |
A095 | Tabbagai Gap cliff site |
A096 | Tabbagai Gap house site |
Al03 | Towra Point Nature Reserve and Quibray Bay |
A104 | Pelican Point |
A015 | Site of abandoned oyster depot |
A016 | Site of abandoned oyster lease |
R indicates an item of regional significance and S indicates an item of State significance. The number corresponding to an item indicates the number given to the item in the Council’s heritage survey.
L015—S | Botany Bay National Park (Kurnell Historic Site) |
L016—S | Kurnell monuments (in National Park) |
B115 | No 121–123, former church |
L0ll | Bonna Point Reserve |
L012 | Silver Beach and roadway |
L0l3 | No 256–262, indigenous trees |
B117 | No 286, “Bayview” |
B341 | Crown Land, boatshed |
B312 | Oyster jetty (end of Atkinson Road) |
L010—R | Towra Point Nature Reserve and Quibray Bay |
(Repealed)
(Section 5.46)
Type of activity—development consisting of erection and use or carrying out of the following— | Development standards and other requirements |
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| Must relate to the use of the building |
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(Section 5.47)
• Zone 2 (a) Residential
Development consisting of the erection or carrying out of the following— | Development standards and other requirements |
(excluding areas where the Australian Noise Exposure Forecast (ANEF) exceeds 20) |
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(excluding areas where the Australian Noise Exposure Forecast (ANEF) exceeds 20) |
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• 3 (d) Neighbourhood Business
• 4 (a) General Industrial
• 4 (b) Light Industrial
• 4 (c1) Special Industrial (Oil Refining)
• 4 (c2) Special Industrial
• 5 (a) Special Uses “A”
• 6 (c) Private Recreation
Development consisting of the erection or carrying out of the following— | Development standards and other requirements |
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(Repealed)
State Environmental Planning Policy (Precincts—Central River City) 2021 (725). LW 2.12.2021. Date of commencement, 1.3.2022, sec 2. This Policy has been amended by this Policy, Sch 15, sec 7 and as follows—
(166) | The Hills Local Environmental Plan Further Amendment (North Kellyville Precinct) 2022. LW 22.4.2022. Date of commencement, on publication on LW, cl 2. | |
(204) | The Hills Local Environmental Plan Amendment (North Kellyville Precinct) 2022. LW 6.5.2022. Date of commencement, on publication on LW, cl 2. | |
(372) | State Environmental Planning Policy (Precincts—Central River City) Amendment (Sydney Olympic Park) 2022. LW 8.7.2022. Date of commencement, on publication on LW, sec 2. | |
(629) | State Environmental Planning Policy Amendment (Water Catchments) 2022. LW 21.10.2022. Date of commencement, 21.11.2022, sec 2. | |
(645) | Hawkesbury Local Environmental Plan Amendment (Pitt Town Common House) 2022. LW 28.10.2022. Date of commencement, on publication on LW, cl 2. | |
(835) | State Environmental Planning Policy Amendment (Riverstone West Precinct) 2022. LW 16.12.2022. Date of commencement, on publication on LW, sec 2. | |
(83) | State Environmental Planning Policy Amendment (National Construction Code) 2023. LW 24.2.2023. Date of commencement, 1.5.2023, sec 2. | |
(458) | State Environmental Planning Policy Amendment (Agritourism) 2023. LW 18.8.2023. Date of commencement, on publication on LW, sec 2. | |
(523) | State Environmental Planning Policy Amendment (Estimated Development Cost) 2023. LW 15.9.2023. Date of commencement, 4.3.2024, sec 2. | |
(524) | State Environmental Planning Policy Amendment (Exceptions to Development Standards) 2023. LW 15.9.2023. Date of commencement, 1.11.2023, sec 2. | |
(554) | State Environmental Planning Policy Amendment (Housing and Productivity Contributions) 2023. LW 29.9.2023. Date of commencement, 1.10.2023, sec 2. | |
(698) | State Environmental Planning Policy Amendment (Design Competition Guidelines) 2023. LW 15.12.2023. Date of commencement, on publication on LW, sec 2. | |
(63) | The Hills Local Environmental Plan Amendment (The Hills Growth Centre Precincts Plan) 2024. LW 8.3.2024. Date of commencement, on publication on LW, cl 2. | |
(584) | State Environmental Planning Policy (Precinct—Central River City) Amendment (Railway Terrace Site) 2024. LW 22.11.2024. Date of commencement, on publication on LW, sec 2. | |
(237) | State Environmental Planning Policy Amendment (Riverstone East Stage 3 Precinct) 2025. LW 23.5.2025. Date of commencement, on publication on LW, sec 2. |
Sec 2.3 | Am 2022 (835), Sch 1[1] [2]. |
Sec 2.4 | Am 2022 (835), Sch 1[3]. |
Sec 2.6A | Ins 2023 (524), Sch 2.1[1]. |
Sec 2.7 | Am 2022 (835), Sch 1[4]. |
Sec 2.8 | Am 2022 (835), Sch 1[4]. |
Sec 3.1 | Am 2022 (835), Sch 1[5]. |
Sec 3.2 | Am 2022 (835), Sch 1[4] [6]–[9]. |
Sec 3.7 | Am 2022 (835), Sch 1[10]; 2024 (584), Sch 1[1]. |
Sec 3.8 | Subst 2022 (835), Sch 1[11]. Am 2024 (63), Sch 1[1]. |
Sec 3.9 | Am 2023 (524), Sch 2.1[2] [3]. |
Sec 3.10 | Subst 2022 (835), Sch 1[12]. Am 2025 (237), Sch 1[1]. |
Sec 3.11 | Am 2022 (835), Sch 1[13] [14]. |
Sec 3.12 | Am 2022 (835), Sch 1[14]. |
Sec 3.17 | Renumbered as sec 3.18, 2023 (458), Sch 3.4[1]. |
Sec 3.18 (previously sec 3.17) | Renumbered 2023 (458), Sch 3.4[1]. |
Sec 3.22 | Am 2022 (835), Sch 1[15] [16]; 2023 (523), Sch 2.3[1]–[3]. |
Sec 3.23 | Am 2022 (835), Sch 1[14]. |
Sec 3.26 | Am 2022 (835), Sch 1[4]. |
Sec 3.27 | Am 2022 (835), Sch 1[17]–[20]. |
Sec 3.28 | Am 2022 (835), Sch 1[21]–[23]. |
Sec 5.4 | Am 2024 (63), Sch 1[2] [3]. |
Sec 5.7A | Ins 2023 (524), Sch 2.1[4]. |
Sec 5.31 | Am 2024 (63), Sch 1[4] [5]. |
Sec 5.35 | Am 2023 (524), Sch 1.2[1]. |
Sec 5.45 | Am 2023 (83), Sch 2.4[1] [2]. |
Sec 5.52 | Ins 2022 (629), Sch 3.13. |
Sec 6.2 | Am 2023 (523), Sch 2.3[4]. |
Sec 6.8 | Am 2023 (523), Sch 2.3[5] [6]. |
Appendix 1, heading | Subst 2022 (835), Sch 1[24]. |
Appendix 2, heading | Subst 2022 (835), Sch 1[25]. |
Appendix 3, heading | Subst 2022 (835), Sch 1[26]. |
Appendix 3 | Am 2023 (524), Sch 1.2[2]. |
Appendix 4, heading | Subst 2022 (835), Sch 1[27]. Am 2023 (698), Sch 2.2[1] [2]. |
Appendix 4 | Am 2022 (372), Sch 1[1]–[3]; 2023 (524), Sch 1.2[2]; 2023 (554), Sch 2.33. |
Appendix 5 | Am 2022 (166), cl 5(1) (2); 2022 (204), cl 4(1) (2); 2022 (835), Sch 1[28]; 2023 (524), Sch 1.2[1]; 2024 (63), Sch 1[6]. |
Appendix 6 | Am 2022 (835), Sch 1[28]; 2023 (524), Sch 1.2[1]; 2024 (63), Sch 1[7]. |
Appendix 7 | Am 2022 (835), Sch 1[28]; 2023 (524), Sch 1.2[1]; 2024 (584), Sch 1[2]. |
Appendix 8 | Am 2022 (835), Sch 1[28]; 2023 (524), Sch 1.2[1]. |
Appendix 9 | Am 2022 (835), Sch 1[28]; 2023 (524), Sch 1.2[1]; 2024 (63), Sch 1[7]. |
Appendix 10 | Am 2022 (835), Sch 1[28]; 2023 (524), Sch 1.2[1]; 2024 (63), Sch 1[7] [8]. |
Appendix 11 | Am 2022 (835), Sch 1[28]; 2023 (524), Sch 1.2[1]; 2024 (63), Sch 1[7]; 2025 (237), Sch 1[2]. |
Appendix 12 | Am 2022 (645), cl 5; 2022 (835), Sch 1[28]; 2023 (524), Sch 1.2[1]; 2024 (63), Sch 1[7]. |
Appendix 13 | Ins 2022 (835), Sch 4[25] (transferred and renumbered from State Environmental Planning Policy (Precincts—Western Parkland City) 2021, Appendix 3). Am 2022 (835), Sch 1[29]; 2023 (458), Sch 3.4[2]; 2023 (524), Sch 1.2[1]; 2024 (63), Sch 1[7]. |
Appendix 14 | Ins 2025 (237), Sch 1[3]. |
Sch 1, heading | Am 2024 (63), Sch 1[9]. |
Sch 1 | Am 2024 (63), Sch 1[10]. |
Sch 2, heading | Am 2024 (63), Sch 1[11]. |
Sch 2 | Am 2024 (63), Sch 1[12]–[14]. |
Sch 3, heading | Am 2024 (63), Sch 1[15]. |
Sch 4 | Subst 2024 (63), Sch 1[16]. |
Sch 5 | Rep 2024 (63), Sch 1[16]. |
Sch 6 | Rep 2024 (63), Sch 1[16]. |
Sch 7, heading | Subst 2024 (63), Sch 1[17]. |
Sch 7 | Am 2024 (63), Sch 1[18]. |
Sch 8, heading | Am 2024 (63), Sch 1[19]. |
Sch 9, heading | Am 2024 (63), Sch 1[20]. |
Sch 10 | Subst 2024 (63), Sch 1[21]. |
Sch 11 | Rep 2024 (63), Sch 1[21]. |
Sch 12 | Rep 2024 (63), Sch 1[21]. |
Sch 13, heading | Am 2024 (63), Sch 1[22]. |
Sch 14, heading | Am 2024 (63), Sch 1[23]. |
Sch 15 | Rep 2021 (725), Sch 15. |
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