State Environmental Planning Policy (Precincts—Western Parkland City) 2021 (NSW)

Case
No judgment structure available for this case.

See also—

Environmental Planning and Assessment Amendment (Western Sydney Aerotropolis) Bill 2024 [Non-government Bill— Mrs J A Hannan, MP]

Chapter 1Preliminary1.1Name of Policy

This Policy is State Environmental Planning Policy (Precincts—Western Parkland City) 2021.

1.2Commencement

This Policy commences on 1 March 2022 and is required to be published on the NSW legislation website.

1.3Definitions

In this Policy—

the Act means the Environmental Planning and Assessment Act 1979.

Note—

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Policy.

1.4Transferred provisions

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.

Note—

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.

Chapter 2State significant precinctsPart 2.1Preliminary2.1Aims of Chapter

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.

2.2Application of Policy—transitional Part 3A projects(1)

On the repeal of Part 3A of the Act, this Chapter is subject to Schedule 6A to the Act.

Note.

Schedule 6A of the Act sets out those projects which will continue as Part 3A projects (transitional Part 3A projects) and revokes the declaration of any other Part 3A project.

(2)

The repeal of clauses 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 clause 6C immediately before that repeal.

(3)

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.

2.3Definitions and key concepts(1)

In this Chapter—

the Act means the Environmental Planning and Assessment Act 1979.

Note.

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Chapter.

(2)

Words and expressions used in this Chapter have the same meaning as they have in Schedule 6A to the Act.

(3)

A reference to this Chapter includes a reference to an Appendix made under this Chapter.

s 2.3: Am 2022 (835), Sch 4[1] [2].

2.4Maps(1)

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.

(2)

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.

(3)

Any such maps are to be kept and made available for public access in accordance with arrangements approved by the Minister.

(4)

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.

(5)

A map referred to in an Appendix made under this Chapter is taken to be a map adopted by this Chapter.

s 2.4: Am 2022 (835), Sch 4[3].

2.5Land to which Chapter applies

This Chapter applies to the State.

2.6Relationship to other environmental planning instruments

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.

2.6ASavings

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.

s 2.6A: Ins 2023 (524), Sch 2.4[1].

Part 2.2State significant precincts2.7State significant precincts(1)

Each Appendix made under this Chapter describes a State significant precinct.

(2)

The provisions in an Appendix made under this Chapter relating to the carrying out of development on a State significant precinct have effect.

s 2.7: Am 2022 (835), Sch 4[4].

2.8Guidelines for proposals for State significant precinct listing(1)

The Minister may publish guidelines for proposals to amend an Appendix made under this Chapter.

(2)

This section does not preclude an amendment of an Appendix made under this Chapter without compliance with those guidelines.

s 2.8: Am 2022 (835), Sch 4[4].

Chapter 3Sydney region growth centresPart 3.1Preliminary3.1Aims of Chapter

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 South West Growth Centre, the Wilton Growth Area and the Greater Macarthur Growth Area,

  • (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.

s 3.1: Am 2022 (835), Sch 4[5].

3.2Interpretation(1)

In this Chapter—

flood prone and major creeks land means the land in a growth centre precinct shown as flood prone and major creeks land and coloured blue on the South West Growth Centre Development Control Map.

Greater Macarthur Growth Area means the Greater Macarthur Growth Area shown on the Greater Macarthur Growth Area Precinct Boundary Map.

growth centre means the following—

  • (a)

    the South West Growth Centre,

  • (b)

    the Wilton Growth Area,

  • (c)

    the Greater Macarthur Growth Area.

growth centre precinct or precinct means a precinct shown on—

  • (a)

    the South West Growth Centre Precinct Boundary Map, or

  • (b)

    the Wilton Growth Area Precinct Boundary Map, or

  • (c)

    the Greater Macarthur Growth Area Precinct Boundary Map.

growth centre structure plan means—

  • (a)

    for the South West Growth Centre—A Guide to the South West Growth Area, published in December 2022 and available on the Department’s website, and

  • (b)

    for the Wilton Growth Area—the document entitled Wilton 2040: A Plan for the Wilton Growth Area, dated 28 September 2018 and published on the Department’s website, and

  • (c)

    for the Greater Macarthur Growth Area—the following documents—

    • (i)

      Greater Macarthur 2040: An interim plan for the Greater Macarthur Growth Area, published in November 2018 and available on the Department’s website,

    • (ii)

      Greater Macarthur Structure Plan (Land Release Area), published in November 2022 and available on the Department’s website,

    • (iii)

      Guide to the Greater Macarthur Growth Area, published in November 2022 and available on the Department’s website.

South West Growth Centre means the South West Growth Centre shown on the South West Growth Centre Precinct Boundary Map.

Note—

The South West Growth Centre was, but is no longer, a growth centre under the Growth Centres (Development Corporations) Act 1974.

Wilton Growth Area means the Wilton Growth Area shown on the Wilton Growth Area Precinct Boundary Map.

Precinct Plan means an Appendix made under this Chapter.

special area means land shown as being in a special area on the Special Areas Map.

Standard Instrument means the standard instrument set out in the Standard Instrument (Local Environmental Plans) Order 2006.

transitional land means land in a growth centre precinct shown as transitional land and hatched pink on the South West Growth Centre Development Control Map.

Note—

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Chapter.

(2)

A reference in this Chapter to a particular growth centre precinct is a reference to the area shown as the precinct on the Precinct Boundary Map for the growth centre.

(3)

(Repealed)

(4)

A reference to this Chapter includes a reference to an Appendix made under this Chapter.

s 3.2: Am 2022 (835), Sch 4[4] [6]–[9]; 2023 (120), Sch 2[1]–[3].

3.3Application of Standard Instrument land uses and other terms(1)

Words used in this Chapter have the same meaning as in the Standard Instrument, unless otherwise defined in this Chapter.

(2)

In this Chapter—

archaeological site means an area of land—

  • (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.

biosolid waste application means the application of sludge or other semi-solid products of human sewage treatment plants to land for the purpose of improving land productivity, that is undertaken in accordance with the NSW Environment Protection Authority’s guidelines titled Environmental Guidelines: Use and Disposal of Biosolids Products (EPA 1997) and Addendum to Environmental Guidelines: Use and Disposal of Biosolids Products (EPA 2000a).

boat repair facility means a boat building and repair facility within the meaning of the Standard Instrument.

bulky goods premises means a building or place used primarily for the sale by retail, wholesale or auction of, or for the hire or display of, bulky goods, being goods that are of a size or weight that requires—

  • (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.

funeral chapel means premises used to arrange, conduct and cater for funerals and memorial services, and includes facilities for the short-term storage, dressing and viewing of bodies of deceased persons, but does not include premises with mortuary facilities.

heavy industry means an industry that—

  • (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.

heritage conservation area means an area of land—

  • (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.

heritage item means a building, work, archaeological site, tree, place or Aboriginal object—

  • (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.

industry means the manufacturing, production, assembling, altering, formulating, repairing, renovating, ornamenting, finishing, cleaning, washing, dismantling, transforming, processing or adapting, or the research and development of goods, chemical substances, food, agricultural or beverage products, or articles for commercial purposes, but does not include extractive industry or a mine.

landscape and garden supplies means a building or place where trees, shrubs, plants, bulbs, seeds and propagating material are offered for sale, whether by retail or wholesale and may include—

  • (a)

    the sale of landscape supplies, including earth products or other landscape and horticulture products, and

  • (b)

    the carrying out of horticulture.

light industry means an industry, not being a hazardous or offensive industry or involving use of a hazardous or offensive storage establishment, in which the processes carried on, the transportation involved or the machinery or materials used do not interfere with the amenity of the neighbourhood by noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit, oil, or otherwise.

manor home means a 2-storey building containing 4 dwellings, other than a residential flat building or multi dwelling housing, where—

  • (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.

multi dwelling housing does not include a manor home.

Note—

Multi dwelling housing is defined in the Standard Instrument.

place of Aboriginal heritage significance means an Aboriginal place of heritage significance within the meaning of the Standard Instrument and that may be shown on the Heritage Map.

remnant native vegetation has the same meaning as in the Native Vegetation Act 2003, section 9, immediately before its repeal.

residential accommodation includes manor homes and studio dwellings.

Note—

Residential accommodation is defined in the Standard Instrument.

residential flat building does not include a manor home.

Note—

Residential flat building is defined in the Standard Instrument.

restaurant means a building or place the principal purpose of which is the provision of food or beverages to people for consumption on the premises, whether or not take away meals and beverages or entertainment are also provided.

studio dwelling means a dwelling that is—

  • (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.

timber and building supplies means a building or place used for the display, sale, whether by retail or wholesale, or hire of goods or materials that are used in the construction and maintenance of buildings.

waste management facility means a facility used for the storage, treatment, purifying or disposal of waste, whether or not it is also used for the sorting, processing, recycling, recovering, use or reuse of material from the waste, and whether or not the operations are carried out on a commercial basis. It may include but is not limited to—

  • (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.

3.4Consent authority(1)

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.

Note.

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.

(2)

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.

3.5Land to which Chapter applies

This Chapter applies to all land in a growth centre.

3.6Relationship with other environmental planning instruments(1)

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.

3.7Maps(1)

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.

(2)

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.

(3)

Any such maps are to be kept and made available for public access in accordance with arrangements approved by the Minister.

(4)

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.

(5)

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.

(6)

A map referred to in an Appendix made under this Chapter is taken to be a map adopted by this Chapter.

s 3.7: Am 2022 (835), Sch 4[10]; 2024 (585), Sch 2.2[1].

3.8Names of maps adopted by Chapter

In this Chapter—

Additional Permitted Uses Map, for a precinct in the Greater Macarthur Growth Area, means the State Environmental Planning Policy (Precincts—Western Parkland City) 2021 Greater Macarthur Growth Area Additional Permitted Uses Map.

Floor Space Ratio Map, for a precinct in the South West Growth Centre, means the State Environmental Planning Policy (Sydney Region Growth Centres) 2006 South West Growth Centre Floor Space Ratio Map.

Greater Macarthur Growth Area Precinct Boundary Map means the State Environmental Planning Policy (Sydney Region Growth Centres) 2006 Greater Macarthur Growth Area Precinct Boundary Map.

Height of Buildings Map means the following—

  • (a)

    for a precinct in the South West Growth Centre—the State Environmental Planning Policy (Sydney Region Growth Centres) 2006 South West Growth Centre Height of Buildings Map,

  • (b)

    for a precinct in the Wilton Growth Area—the State Environmental Planning Policy (Sydney Region Growth Centres) 2006 Wilton Growth Area Height of Buildings Map,

  • (c)

    for a precinct in the Greater Macarthur Growth Area—the State Environmental Planning Policy (Precincts—Western Parkland City) 2021 Greater Macarthur Growth Area Height of Buildings Map.

Heritage Map means the following—

  • (a)

    for a precinct in the South West Growth Centre—the State Environmental Planning Policy (Sydney Region Growth Centres) 2006 South West Growth Centre Heritage Map,

  • (b)

    for a precinct in the Wilton Growth Area—the State Environmental Planning Policy (Sydney Region Growth Centres) 2006 Wilton Growth Area Heritage Map,

  • (c)

    for a precinct in the Greater Macarthur Growth Area—the State Environmental Planning Policy (Precincts—Western Parkland City) 2021 Greater Macarthur Growth Area Heritage Map.

Koala Corridors Map, for a precinct in the Greater Macarthur Growth Area, means the State Environmental Planning Policy (Precincts—Western Parkland City) 2021 Greater Macarthur Growth Area Koala Corridors Map.

Land Application Map means the following—

  • (a)

    for a precinct in the South West Growth Centre—the State Environmental Planning Policy (Sydney Region Growth Centres) 2006 South West Growth Centre Land Application Map,

  • (b)

    for a precinct in the Wilton Growth Area—the State Environmental Planning Policy (Sydney Region Growth Centres) 2006 Wilton Growth Area Land Application Map,

  • (c)

    for a precinct in the Greater Macarthur Growth Area—the State Environmental Planning Policy (Precincts—Western Parkland City) 2021 Greater Macarthur Growth Area Land Application Map.

Land Reservation Acquisition Map, for a precinct in the South West Growth Centre, means the State Environmental Planning Policy (Sydney Region Growth Centres) 2006 South West Growth Centre Land Reservation Acquisition Map.

Land Zoning Map means the following—

  • (a)

    for a precinct in the South West Growth Centre—the State Environmental Planning Policy (Sydney Region Growth Centres) 2006 South West Growth Centre Land Zoning Map,

  • (b)

    for a precinct in the Wilton Growth Area—the State Environmental Planning Policy (Sydney Region Growth Centres) 2006 Wilton Growth Area Land Zoning Map,

  • (c)

    for a precinct in the Greater Macarthur Growth Area—the State Environmental Planning Policy (Precincts—Western Parkland City) 2021 Greater Macarthur Growth Area Land Zoning Map.

Lot Size Map means the following—

  • (a)

    for a precinct in the South West Growth Centre—the State Environmental Planning Policy (Sydney Region Growth Centres) 2006 South West Growth Centre Lot Size Map,

  • (b)

    for a precinct in the Wilton Growth Area—the State Environmental Planning Policy (Sydney Region Growth Centres) 2006 Wilton Growth Area Lot Size Map,

  • (c)

    for a precinct in the Greater Macarthur Growth Area—the State Environmental Planning Policy (Precincts—Western Parkland City) 2021 Greater Macarthur Growth Area Lot Size Map.

Native Vegetation Protection Map, for a precinct in the South West Growth Centre, means the State Environmental Planning Policy (Sydney Region Growth Centres) 2006 South West Growth Centre Native Vegetation Protection Map.

Residential Density Map, for a precinct in the South West Growth Centre, means the State Environmental Planning Policy (Sydney Region Growth Centres) 2006 South West Growth Centre Residential Density Map.

Riparian Protection Area Map, for a precinct in the South West Growth Centre, means the State Environmental Planning Policy (Sydney Region Growth Centres) 2006 South West Growth Centre Riparian Protection Area Map.

South West Growth Centre Development Control Map means the State Environmental Planning Policy (Sydney Region Growth Centres) 2006 South West Growth Centre Development Control Map.

South West Growth Centre Precinct Boundary Map means the State Environmental Planning Policy (Sydney Region Growth Centres) 2006 South West Growth Centre Precinct Boundary Map.

Special Areas Map, for a precinct in the South West Growth Centre, means the State Environmental Planning Policy (Sydney Region Growth Centres) 2006 South West Growth Centre Special Areas Map.

Transport Corridors Map, for a precinct in the Greater Macarthur Growth Area, means the State Environmental Planning Policy (Precincts—Western Parkland City) 2021 Greater Macarthur Growth Area Transport Corridors Map.

Urban Release Area Map, for a precinct in the Wilton Growth Area, means the State Environmental Planning Policy (Sydney Region Growth Centres) Wilton Growth Area Urban Release Area Map.

Wilton Growth Area Precinct Boundary Map means the State Environmental Planning Policy (Sydney Region Growth Centres) 2006 Wilton Growth Area Precinct Boundary Map.

Wilton Town Centre Precinct Height of Buildings Map means the State Environmental Planning Policy (Precincts—Western Parkland City) 2021 Wilton Town Centre Precinct Height of Buildings Map.

Wilton Town Centre Precinct Key Sites Map means the State Environmental Planning Policy (Precincts—Western Parkland City) 2021 Wilton Town Centre Precinct Key Sites Map.

s 3.8: Subst 2022 (835), Sch 4[11]. Am 2022 (119), Sch 1[1]; 2023 (370), Sch 1[1]–[6].

3.9Savings(1)

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 (Precincts SEPP) had not commenced.

(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.

(3)

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.

s 3.9: Am 2023 (524), Sch 2.4[2] [3].

Part 3.2Land use and other development controls resulting from precinct planning3.10Controls applying to growth centre precincts after finalisation of precinct planning

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 Tables—

Table 1—South West Growth Centre

Column 1

Column 2

Growth centre precinct

Appendix

Oran Park and Turner Road Precincts

Appendix 2

Austral Precinct

Appendix 4

Leppington North Precinct

Appendix 4, to the extent to which the Liverpool Growth Centres Precinct Plan 2013 applies, and Appendix 5, to the extent to which the Camden Growth Centres Precinct Plan 2013 applies

East Leppington Precinct

Appendix 4 to the extent to which the Liverpool Growth Centres Precinct Plan 2013 applies, Appendix 5, to the extent to which the Camden Growth Centres Precinct Plan 2013 applies, and Appendix 6, to the extent to which the Campbelltown Growth Centres Precinct Plan 2013 applies

Catherine Fields Precinct

Appendix 5, to the extent to which the Camden Growth Centres Precinct Plan 2013 applies

Lowes Creek Maryland Precinct

Appendix 5, to the extent to which the Camden Growth Centres Precinct Plan 2013 applies

Leppington Precinct

Appendix 5, to the extent to which the Camden Growth Centres Precinct Plan 2013 applies

Pondicherry Precinct

Appendix 5

Table 2—Wilton Growth Area

Column 1

Column 2

Growth centre precinct

Appendix

South East Wilton Precinct

Appendix 7

North Wilton Precinct

Appendix 8

Wilton Town Centre Precinct

Appendix 9

Table 3—Greater Macarthur Growth Area

Column 1

Column 2

Growth centre precinct

Appendix

Appin (Part) Precinct

Appendix 10

Gilead (Part) Precinct

Appendix 11

s 3.10: Am 2022 (94), cl 5(1). Subst 2022 (835), Sch 4[12]. Am 2022 (119), Sch 1[2]; 2023 (370), Sch 1[7]; 2023 (458), Sch 3.5[1] [2]; 2024 (207), Sch 1[1]; 2025 (314), Sch 1[1].

3.11Controls applying to Edmondson Park, Bingara Gorge, Menangle Park, Mount Gilead and Glenlee Precincts

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)

    (Repealed)

  • (b)

    the provisions of Campbelltown (Urban Area) Local Environmental Plan 2002, Liverpool Local Environmental Plan 2008 and Schedule 3 to State Environmental Planning Policy (Major Development) 2005 are specified for the land within Edmondson Park Precinct within the South West Growth Centre to which those instruments, or parts of instruments, apply,

  • (c)

    the provisions of Wollondilly Local Environmental Plan 2011 are specified for the land within the Bingara Gorge Precinct within the Wilton Growth Area,

  • (d)

    the provisions of Campbelltown Local Environmental Plan 2015 are specified for the land within Menangle Park Precinct and Mount Gilead Precinct within the Greater Macarthur Growth Area,

  • (e)

    the provisions of Camden Local Environmental Plan 2010 and Campbelltown Local Environmental Plan 2015 are specified for the land within Glenlee Precinct within the Greater Macarthur Growth Area.

s 3.11: Am 2022 (835), Sch 4[13] [14].

3.12Development in growth centres under other environmental planning instruments

Development carried out under any other environmental planning instrument on land that is the subject land within the meaning of Part 7 of Schedule 7 to the Threatened Species Conservation Act 1995 is taken, for the purposes of this Chapter, to be development carried out under this Chapter.

Note.

The subject land does not include land in the Wilton Growth Area or the Greater Macarthur Growth Area.

Part 3.3Land Use—Environment Conservation and Recreation Zones3.13Application of Part and of other planning instruments(1)

This Part applies to land within a growth centre precinct that is zoned under this Part.

(2)

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.

(3)

This Part does not apply to land to which a Precinct Plan applies or land referred to in section 3.11.

3.14Land use zones

The land use zones under this Part are as follows—

  • Environment Conservation

  • Public Recreation—Regional

  • Public Recreation—Local

3.15Objectives for development in land use reservation zones(1)

The objectives for development in each land use reservation zone are set out in the Table to this section.

(2)

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.

Environment Conservation 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.

Public Recreation—Regional Zone
  • (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.

Public Recreation—Local Zone
  • (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.

3.16Zoning of land to which Part applies

For the purposes of this Part, land is within the land use zones shown on the land zoning map.

3.17Land use table for zones to which Part applies(1)

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.

(2)

This section is subject to the other provisions of this Chapter.

(3)

In the land use table—

public entertainment means entertainment to which admission may ordinarily be gained by members of the public on payment of money or other consideration, whether—

  • (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.

(1)

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.

(2)

Development for building identification signs, environmental facilities, environmental protection works, flood mitigation works, information and education facilities, kiosks associated with environmental facilities, temporary structures.

(3)

Any other development.

(1)

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.

(2)

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.

(3)

Any other development.

(1)

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.

(2)

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.

(3)

Any other development.

3.18Additional permitted uses(1)

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.

(2)

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

3.19Development for previously permitted uses of land(1)

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.

(2)

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.

3.20Acquisition of land zoned under this Part

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.

Part 3.4Development controls—generalNote.

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.

3.21Development applications in growth centres—matters for consideration until finalisation of precinct planning for land(1)

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.

(2)

This section does not apply to land zoned under Part 3.3.

3.22Referral to Department after release of precinct(1)

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.

(2)

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.

Note.

The Environmental Planning and Assessment Regulation 2000, 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.

(3)

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.

(4)

In this section—

estimated development cost has the same meaning as in the Environmental Planning and Assessment Regulation 2021.

(5), (6)

(Repealed)

s 3.22: Am 2022 (835), Sch 4[15]–[17]; 2023 (523), Sch 2.6[1] [2].

3.23Water recycling and conservationNote.

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).

(1)

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.

(2)

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.

(3)

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.

(4)

Despite subsection (1), this section does not apply to land in the Wilton Growth Area.

Table of approved systems

Note.

On the commencement of this Chapter, the Table was blank.

3.24Public utility undertakings and clearing of native vegetation(1)

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)).

(2)

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 subject land (within the meaning of clause 17 of Schedule 7 to the Threatened Species Conservation Act 1995) unless the authority or person has—

  • (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.

3.25Electricity generating works and water recycling facilities(1)

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.

Part 3.5Development controls—flood prone and major creeks land3.26Development on flood prone and major creeks land—additional heads of consideration(1)

This section applies to development requiring consent that is carried out on flood prone and major creeks land.

(2)

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.

Note.

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.

s 3.26: Am 2022 (835), Sch 4[4] [18].

3.27

(Repealed)

s 3.27: Am 2022 (835), Sch 4[19].

Part 3.6Development controls—vegetation3.28Land to which Part applies(1)

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.

(2)

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).

(3)

In relation to land in the Oran Park and Turner Road Precincts, this Part applies to land within the Riparian Protection Area shown on the Riparian Protection Area Map.

(4)

Despite subsection (1), this Part does not apply to land to which Appendices 4–10 apply.

s 3.28: Am 2022 (835), Sch 4[20]–[22]; 2023 (458), Sch 3.5[3].

3.29Vegetation to which Part applies(1)

This Part applies to native vegetation within the meaning of the Native Vegetation Act 2003.

(2)

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.

(3)

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.

3.30Consent for clearing native vegetation(1)

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, clearing native vegetation has the same meaning as it has in the Native Vegetation Act 2003.

Note.

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.

(2)

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.

(3)

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.

(4)

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.

3.31Relationship to tree preservation under other planning instruments

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.

Chapter 4Western Sydney Aerotropolis

ch 4, Land Use tbl: Am 2022 (112), Sch 1.1[4]–[6].

Part 4.1Preliminary4.1Aims of Chapter

The aims of this Chapter are as follows—

  • (a)

    to facilitate development in the Western Sydney Aerotropolis in accordance with the objectives and principles of the Western Sydney Aerotropolis Plan,

  • (b)

    to promote sustainable, orderly and transformational development in the Western Sydney Aerotropolis,

  • (c)

    to ensure development is compatible with the long-term growth and development of the Western Sydney Airport (including in relation to the operation of the Airport 24 hours a day) and other critical transport infrastructure,

  • (d)

    to promote employment and world-class innovation and provide for residential development in suitable locations,

  • (e)

    to recognise the physical and cultural connection of the local Aboriginal community to the land and to incorporate local Aboriginal knowledge, culture and tradition into development,

  • (f)

    to preserve land for future infrastructure development,

  • (g)

    to protect, maintain and enhance, and to minimise the impact of development on, trees and vegetation, soil quality and the health of waterways and to contribute to the conservation of biodiversity,

  • (h)

    to recognise and protect the ecological and cultural value of Wianamatta–South Creek.

4.2Definitions(1)

The Dictionary defines words used in this Chapter.

Note.

The Environment Planning and Assessment Act 1979 and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Chapter.

(2)

Words used in this Chapter have the same meanings as in the standard local environmental planning instrument prescribed by the Standard Instrument (Local Environmental Plans) Order 2006 unless otherwise defined in this Chapter.

4.3Land to which Chapter applies(1)

This Chapter applies to land shown on the Land Application Map.

(2)

Section 4.40 and Part 4.7, Division 4 also apply to the Western Sydney Aerotropolis.

(3)

Section 4.13, Part 4.3 and section 4.27 also apply to land that surrounds—

  • (a)

    land shown on the Land Application Map, and

  • (b)

    the Western Sydney Aerotropolis.

Note 1.

The Western Sydney Aerotropolis comprises 9 precincts—Aerotropolis Core, Northern Gateway, Wianamatta–South Creek, Badgerys Creek, Agribusiness, Dwyer Road, Kemps Creek, North Luddenham and Rossmore. On the commencement of this Chapter, the Land Application Map will include Aerotropolis Core, Northern Gateway, Wianamatta–South Creek, Badgerys Creek and Agribusiness precincts only.

Note 2.

Part 4.3 contains development controls that relate to Airport safeguards and section 4.27 relates to transport corridors. The provisions apply to surrounding land that—

  • (a)

    is shown on maps referred to in the provisions, and

  • (b)

    extends to up to 30 kilometres from the Airport.

s 4.3: Am 2022 (206), cl 4(1).

4.4Relationship with other environmental planning instruments generally(1)

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.

(2)

A local environmental plan does not apply to land shown on the Land Application Map.

4.5Application of State Environmental Planning Policy (Transport and Infrastructure) 2021(1)

The Transport and Infrastructure SEPP, Chapter 2 applies to land shown on the Land Application Map, except as otherwise provided by this section.

(2)

The Transport and Infrastructure SEPP, Part 2.3, Division 4 does not apply to land in the 3 km zone within the meaning of section 4.20.

(3)

Development specified in the Transport and Infrastructure SEPP, section 2.73(3)(a)(iv) may be carried out by or on behalf of a council under that section only if the lighting will not adversely affect the safe operation of the Airport.

(4)

The Transport and Infrastructure SEPP, Part 2.3, Division 18A does not apply to land shown on the Land Application Map.

(5)

Development specified in the Transport and Infrastructure SEPP, section 2.145 is complying development only if it is carried out by or on behalf of a public authority or carrier.

(6)

In this section—

Transport and Infrastructure SEPP means State Environmental Planning Policy (Transport and Infrastructure) 2021.

s 4.5: Subst 2024 (92), Sch 1[1].

4.6Application of State Environmental Planning Policy (Sydney Region Growth Centres) 2006(1)

Land in the South West Growth Centre under the Growth Centres SEPP does not cease to be in the Growth Centre merely because it is shown on the Land Application Map under this Chapter.

(2)

However, clauses 16 and 17 of the Growth Centres SEPP do not apply to land in the South West Growth Centre.

(3)

Part 3 of the Growth Centres SEPP applies to the land shown as “Public Recreation—Regional” on the Key Sites Map as if the land was not in the Environment and Recreation Zone under the Land Zoning Map in this Chapter.

(4)

In this section—

Growth Centres SEPP means the State Environmental Planning Policy (Sydney Region Growth Centres) 2006.

4.7Application of State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007

Development for the purposes of extractive industries is prohibited on land shown on the Land Application Map other than in the Enterprise Zone, despite clause 7 of State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007.

4.8Maps(1)

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.

(2)

Any 2 or more named maps may be combined into a single map.

(3)

In that case, a reference in this Chapter to the named map is a reference to the relevant part or aspect of the single map.

(4)

The maps adopted by this Chapter are to be kept and made available for public access in accordance with arrangements approved by the Minister.

(5)

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.

s 4.8: Am 2024 (585), Sch 2.2[1]

4.9Amendment and replacement of existing maps

The maps adopted by the following are amended or replaced, as the case requires, by the maps approved by the Minister on the making of this Chapter—

  • (a)

    Liverpool Local Environmental Plan 2008,

  • (b)

    Penrith Local Environmental Plan 2010,

  • (c)

    State Environmental Planning Policy (Western Sydney Employment Area) 2009.

Part 4.2Permitted or prohibited development4.10Land use zones

The land use zones under this Chapter are as follows—

  • Enterprise

  • Agribusiness

  • Mixed Use

  • SP2 Infrastructure

  • Environment and Recreation

4.11Zoning of land to which Chapter applies

For the purposes of this Chapter, land is within the zones shown on the Land Zoning Map.

4.12Zone objectives and Land Use Table(1)

The Land Use Table at the end of this Part specifies for each zone—

  • (a)

    the objectives for development, and

  • (b)

    development that may be carried out without development consent, and

  • (c)

    development that may be carried out only with development consent, and

  • (d)

    development that is prohibited.

(2)

The consent authority must have regard to the objectives for development in a zone when determining a development application in respect of land within the zone.

(3)

In the Land Use Table at the end of this Part—

  • (a)

    a reference to a type of building or other thing is a reference to development for the purposes of that type of building or other thing, and

  • (b)

    a reference to a type of building or other thing does not include (despite any definition in this Chapter) a reference to a type of building or other thing referred to separately in the Land Use Table in relation to the same zone.

(4)

This section is subject to the other provisions of this Chapter.

4.13Additional permitted uses for particular land(1)

Development on particular land that is described or referred to in Schedule 1 may be carried out, in accordance with the conditions (if any) specified in that Schedule in relation to the development—

  • (a)

    with development consent, or

  • (b)

    if the Schedule so provides—without development consent.

(2)

This section has effect despite anything to the contrary in the Land Use Table or other provision of this Chapter.

s 4.13: Am 2022 (112), Sch 1.1[1].

4.13APreviously permitted development(1)

This section applies to development that—

  • (a)

    is of a kind prohibited under the Land Use Table on particular land, and

  • (b)

    immediately before 1 October 2020, was of a kind permitted with or without development consent, other than a complying development certificate, on the land.

(2)

The development is permitted with development consent on the land unless the land is in SP2 Infrastructure Zone.

(3)

In deciding whether to grant development consent, the consent authority must consider whether the development—

  • (a)

    will result in further fragmentation of land holdings, and

  • (b)

    will intensify a use of the land that is prohibited under the Land Use Table on the land, and

  • (c)

    is compatible with existing and permitted development on surrounding land.

(4)

This section applies subject to provisions of this Chapter other than the Land Use Table.

s 4.13A: Ins 2022 (112), Sch 1.1[2].

4.14Subdivision(1)

Land to which this Chapter applies may be subdivided, but only with development consent.

(2)

Development consent must not be granted for the subdivision of land shown on the Luddenham Village Minimum Lot Size Map unless the resulting lots are not less than the minimum size shown on that Map in relation to the land.

s 4.14: Am 2022 (112), Sch 1.1[3].

4.15Demolition requires development consent

The demolition of a building or work may be carried out only with development consent.

4.16Temporary use of land(1)

The objective of this section is to provide for the temporary use of land if the use does not compromise future development of the land or have detrimental economic, social, amenity or environmental effects on the land.

(2)

Despite any other provision of this Chapter, development consent may be granted to development on land in any zone for a temporary use for a maximum period of 52 days (whether or not consecutive days) in any period of 12 months.

(3)

Development consent must not be granted unless the consent authority is satisfied that—

  • (a)

    the temporary use will not prejudice the subsequent carrying out of development on the land in accordance with this Chapter and any other applicable environmental planning instrument, and

  • (b)

    the temporary use will not adversely impact on the operation of the Airport or critical transport infrastructure, and

  • (c)

    the temporary use will not adversely impact on any adjoining land or the amenity of the neighbourhood, and

  • (d)

    the temporary use and location of any structures related to the use will not adversely impact on environmental attributes or features of the land, or increase the risk of natural hazards that may affect the land, and

  • (e)

    at the end of the temporary use period the land will, as far as is practicable, be restored to the condition in which it was before the commencement of the use.

(4)

Despite subsection (2), the temporary use of a dwelling as a sales office for a new release area or a new housing estate may exceed the maximum number of days specified in that subsection.

(5)

Subsection (3)(d) does not apply to the temporary use of a dwelling as a sales office mentioned in subsection (4).

Land Use Table
  • To encourage employment and businesses related to professional services, high technology, aviation, logistics, food production and processing, health, education and creative industries.

  • To provide a range of employment uses (including aerospace and defence industries) that are compatible with future technology and work arrangements.

  • To encourage development that promotes the efficient use of resources, through waste minimisation, recycling and re-use.

  • To ensure an appropriate transition from non-urban land uses and environmental conservation areas in surrounding areas to employment uses in the zone.

  • To prevent development that is not compatible with or that may detract from the future commercial uses of the land.

  • To provide facilities and services to meet the needs of businesses and workers.

Nil

Any development not specified in item 2 or 4

Air transport facilities; Airstrips; Camping grounds; Caravan parks; Crematoria; Exhibition homes; Exhibition villages; Forestry; Heavy industrial storage establishments; Heavy industries; Helipads; Intensive livestock agriculture; Mortuaries; Open cut mining; Residential accommodation; Rural industries; Turf farming

  • To encourage diversity in agribusiness, including related supply chain industries and food production and processing that are appropriate for the area.

  • To encourage sustainable and high technology agribusiness, including agricultural produce industries.

  • To enable sustainable agritourism.

  • To encourage development that is consistent with the character of Luddenham village.

  • To maintain the rural landscape character and biodiversity of the area.

Home occupations

Rural workers’ dwellings; Any other development not specified in item 2 or 4

Airstrips; Amusement centres; Boat building and repair facilities; Caravan parks; Centre-based child care facilities; Crematoria; Depots; Exhibition homes; Exhibition villages; Extractive industries; Forestry; Heavy industrial storage establishments; Heavy industries; Helipads; Hotel or motel accommodation; Intensive livestock agriculture; Jetties; Mooring pens; Moorings; Mortuaries; Open cut mining; Port facilities; Recreation facilities (major); Registered clubs; Residential accommodation; Restricted premises; Sawmill or log processing works; Serviced apartments; Sex services premises; Specialised retail premises; Stock and sale yards; Storage premises; Turf farming; Vehicle sales or hire premises; Waste or resource management facilities; Water recreation structures; Wharf or boating facilities

  • To integrate a mixture of compatible land uses in accessible locations.

  • To promote business, office, retail, entertainment and tourist uses.

  • To promote a high standard of public amenity and convenient urban living.

  • To provide for residential and other accommodation that includes active non-residential uses at street level.

  • To ensure an appropriate transition from non-urban land uses and environmental conservation areas in surrounding areas to urban land uses in the zone.

Home-based child care; Home businesses; Home occupations

Any development not specified in item 2 or 4

Air transport facilities; Airstrips; Biosolids treatment facilities; Boat building and repair facilities; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Charter and tourism boating facilities; Correctional centres; Crematoria; Depots; Dual occupancies; Dwelling houses; Exhibition homes; Exhibition villages; Extractive industries; Forestry; General industries; Heavy industrial storage establishments; Heavy industries; Helipads; Highway service centres; Intensive livestock agriculture; Jetties; Marinas; Mooring pens; Moorings; Mortuaries; Open cut mining; Port facilities; Rural industries; Rural supplies; Rural workers’ dwellings; Secondary dwellings; Semi-detached dwellings; Sewage treatment plants; Timber yards; Transport depots; Truck depots; Turf farming; Warehouse or distribution centres; Waste or resource management facilities; Water treatment facilities; Wharf or boating facilities

  • To provide for infrastructure and related uses.

  • To prevent development that is not compatible with or that may detract from the provision of infrastructure.

  • To facilitate development that is in keeping with the special characteristics of the site or its existing or intended use and that minimises adverse impacts on surrounding land.

Nil

Roads; The purpose shown on the Land Zoning Map, including any development that is ordinarily incidental or ancillary to development for that purpose

Any development not specified in item 2 or 3

  • To protect, manage and restore areas of high ecological, scientific, cultural or aesthetic values.

  • To protect the ecological, scenic and recreation values of waterways, including Wianamatta–South Creek and its tributaries.

  • To provide a range of recreational settings and activities and compatible land uses.

  • To protect and conserve the environment, including threatened and other species of native fauna and flora and their habitats, areas of high biodiversity significance and ecological communities.

Nil

Any development not specified in item 2 or 4

Air transport facilities; Airstrips; Amusement centres; Backpackers’ accommodation; Boat building and repair facilities; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Centre-based child care facilities; Charter and tourism boating facilities; Correctional centres; Depots; Educational establishments; Electricity generating works; Entertainment facilities; Exhibition homes; Exhibition villages; Extractive industries; Forestry; Freight transport facilities; Hardware and building supplies; Heavy industrial storage establishments; Helipads; Highway service centres; Hospitals; Hotel or motel accommodation; Industrial retail outlets; Industrial training facilities; Industries; Intensive livestock agriculture; Jetties; Medical centres; Mooring pens; Moorings; Mortuaries; Office premises; Open cut mining; Port facilities; Public administration buildings; Residential accommodation; Respite day care centres; Restricted premises; Rural industries; Service stations; Serviced apartments; Sex services premises; Specialised retail premises; Storage premises; Timber yards; Transport depots; Truck depots; Turf farming; Vehicle body repair workshops; Vehicle repair stations; Vehicle sales or hire premises; Veterinary hospitals; Warehouse or distribution centres; Waste or resource management facilities; Water treatment facilities; Wholesale supplies

Part 4.3Development controls—Airport safeguards4.17Aircraft noise(1)

The objectives of this section are—

  • (a)

    to prevent certain noise sensitive development on land near the Airport, and

  • (b)

    to minimise the impact of aircraft noise for other noise sensitive development, and

  • (c)

    to ensure that land use and development near the Airport do not hinder or have other adverse impacts on the ongoing, safe and efficient 24 hours a day operation of the Airport.

(2)

Development consent must not be granted to noise sensitive development if the development is to be located on land that is in an ANEF or ANEC contour of 20 or greater.

(3)

Subsection (2) applies despite the following—

  • (a)

    Part 2, Divisions 7 and 8 of State Environmental Planning Policy (Affordable Rental Housing) 2009,

  • (b)

    Chapter 3 of State Environmental Planning Policy (Housing for Seniors or People with Disability) 2004,

  • (c)

    State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017.

(4)

Despite subsection (2), development consent may be granted to development for the purposes of dwelling houses on land that is in an ANEF or ANEC contour of 20 or greater if—

  • (a)

    immediately before the commencement of this Chapter—

    • (i)

      there were no dwellings on the land, and

    • (ii)

      development for the purposes of dwelling houses was permitted on the land, and

  • (b)

    the consent authority is satisfied that the development will meet the indoor design sound levels.

(4A)

Subsection (2) does not apply to development for the purposes of subdivision of land in an ANEF or ANEC contour of 20 or greater if the development application was made before 1 October 2020.

(5)

In this section—

ANEC contour means a contour on the Noise Exposure Contour Map.

ANEF contour means a noise exposure contour shown as an ANEF contour on the Noise Exposure Forecast Contour Map for the Airport endorsed by Airservices Australia.

indoor design sound levels means the indoor design sound levels shown in Table 3.3 (Indoor Design Sound Levels for Determination of Aircraft Noise Reduction) in AS 2021—2015, Acoustics—Aircraft noise intrusion—Building siting and construction.

noise sensitive development means development for the following purposes—

  • (a)

    centre-based child care facilities,

  • (b)

    educational establishments,

  • (c)

    exhibition homes,

  • (d)

    exhibition villages,

  • (e)

    funeral homes,

  • (f)

    hospitals,

  • (g)

    information and education facilities,

  • (h)

    places of public worship,

  • (i)

    residential accommodation,

  • (j)

    respite day care centres,

  • (k)

    school-based child care (other than in an existing school).

s 4.17: Am 2022 (112), Sch 1.1[7].

4.18Building wind shear and turbulence(1)

The objective of this section is to safeguard Airport operations from wind shear and turbulence generated by buildings.

(2)

This section applies to development—

  • (a)

    on land shown as the “Windshear Assessment Trigger Area” on the Lighting Intensity and Wind Shear Map, and

  • (b)

    that penetrates the 1:35 surface.

(2A)

Development consent must not be granted to the development unless the consent authority has consulted the relevant Commonwealth body.

(3)

For the purposes of this section, development penetrates the 1:35 surface if the distance from the runway centreline to the closest point of the building is less than or equal to 35 times the height above runway level of the building.

Example.

A building with a height of 10 metres does not penetrate the 1:35 surface if the building is located more than 350 metres from the runway centreline.

s 4.18: Am 2022 (112), Sch 1.1[8].

4.19Wildlife hazards(1)

The objective of this section is to regulate development on land surrounding the Airport where wildlife may present a risk to the operation of the Airport.

(2)

Development consent must not be granted to relevant development on land in the 13 km wildlife buffer zone unless the consent authority—

  • (a)

    has consulted the relevant Commonwealth body, and

  • (b)

    has considered a written assessment of the wildlife that is likely to be present on the land and the risk of the wildlife to the operation of the Airport provided by the applicant, which includes—

    • (i)

      species, size, quantity, flock behaviour and the particular times of day or year when the wildlife is likely to be present, and

    • (ii)

      whether any of the wildlife is a threatened species, and

    • (iii)

      a description of how the assessment was carried out, and

  • (c)

    is satisfied that the development will mitigate the risk of wildlife to the operation of the Airport, including, for example, measures relating to—

    • (i)

      waste management, landscaping, grass, fencing, stormwater or water areas, or

    • (ii)

      the dispersal of wildlife from the land by the removal of food or the use of spikes, wire or nets.

(3)

Despite subsection (2), development for the following purposes is prohibited on land in the 3 km wildlife buffer zone—

  • (a)

    livestock processing industries,

  • (b)

    turf farming,

  • (c)

    waste or resource management facilities that consist of outdoor processing, storage or handling of organic or putrescible waste.

(4)

In this section—

3 km wildlife buffer zone means the land shown as the “3 kilometre wildlife buffer zone” on the Wildlife Buffer Zone Map.

13 km wildlife buffer zone means the land shown as the “13 kilometre wildlife buffer zone” on the Wildlife Buffer Zone Map and includes the 3 km wildlife buffer zone.

relevant development means development for the following purposes—

  • (a)

    agricultural produce industries,

  • (b)

    aquaculture,

  • (c)

    camping grounds,

  • (c1)

    cemeteries,

  • (d)

    eco-tourist facilities,

  • (e)

    garden centres,

  • (f)

    intensive livestock agriculture,

  • (g)

    intensive plant agriculture,

  • (h)

    livestock processing industries,

  • (i)

    plant nurseries,

  • (j)

    recreation facilities (major),

  • (k)

    recreation facilities (outdoor),

  • (l)

    sewage treatment plants,

  • (m)

    waste or resource management facilities that consist of outdoor processing, storage or handling of organic or putrescible waste,

  • (n)

    water storage facilities.

Note—

The 3 km and 13 km wildlife buffer zones are not buffer areas for the purposes of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, clause 1.19 or State Environmental Planning Policy (Transport and Infrastructure) 2021, section 3.18.

s 4.19: Am 2022 (112), Sch 1.1[9] [10]; 2024 (115), Sch 2.3.

4.20Wind turbines(1)

The objective of this section is to regulate the construction of wind turbines and wind monitoring towers on land within 30 kilometres of the Airport.

(2)

Development for the following purposes is prohibited on land in the 3 km zone—

  • (a)

    electricity generating works comprising a wind turbine,

  • (b)

    wind monitoring towers that are not ancillary or incidental to the Airport.

(3)

Development consent must not be granted to development for the purposes of a large wind monitoring tower in the 3–30 km zone unless the consent authority has consulted the relevant Commonwealth body.

(4)

Development consent must not be granted to development for the purposes of a electricity generating works comprising a wind turbine on land in the 3–30 km zone unless the consent authority—

  • (a)

    has consulted the relevant Commonwealth body, and

  • (b)

    has considered a written assessment of the risk of the development to the safe operation of the Airport provided by the applicant, and

  • (c)

    is satisfied that the development will adequately mitigate the risk to the safe operation of the Airport.

(5)

In this section—

3 km zone means the land shown as the “3 kilometre zone” on the Wind Turbines Map.

3–30 km zone means the land shown as the “3–30 kilometre zone” on the Wind Turbines Map.

large wind monitoring tower means a wind monitoring tower that measures at least 150 metres from ground level (existing) to the topmost point of the wind monitoring tower.

Note—

The 3 km and 3–30 km zones are not buffer areas for the purposes of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, clause 1.19 or State Environmental Planning Policy (Transport and Infrastructure) 2021, section 3.18.

s 4.20: Am 2022 (112), Sch 1.1[11]–[13]; 2024 (115), Sch 2.3.

4.21Lighting(1)

The objective of this section is to safeguard Airport operations from the risk of lighting and reflectivity distractions for pilots.

(2)

Development consent must not be granted to development for the following purposes on land shown as the “6km Lighting Intensity Radius”, a “Light Control Zone” or a “Runway Boundary” on the Lighting Intensity and Wind Shear Map unless the consent authority has consulted the relevant Commonwealth body—

  • (a)

    installation and operation of external lighting (whether coloured or white lighting) in connection with development for the following purposes—

    • (i)

      classified roads,

    • (ii)

      freight transport facilities,

    • (iii)

      heavy industrial storage establishments,

    • (iv)

      recreation facilities (major),

    • (v)

      recreation facilities (outdoor),

  • (b)

    installation and operation of external lighting in connection with construction works that is likely to be obtrusive or create light spill outside the land on which the construction works are carried out.

s 4.21: Am 2022 (112), Sch 1.1[14].

4.22Airspace operations(1)

The objectives of this section are—

  • (a)

    to provide for the effective and ongoing operation of the Airport by ensuring that its operation is not compromised by development that penetrates the prescribed airspace for the Airport, and

  • (b)

    the relevant Commonwealth body does not object to the development.

(2)

This section applies to development on land shown on the Obstacle Limitation Surface Map that is a controlled activity within the meaning of Part 12, Division 4 of the Airports Act 1996 of the Commonwealth.

Note.

Controlled activities include the construction or alteration of buildings or other structures that penetrate the prescribed airspace. Controlled activities cannot be carried out without an approval under Part 12, Division 4 of the Airports Act 1996 of the Commonwealth.

(3)

Development consent must not be granted to development to which this section applies unless—

  • (a)

    the consent authority has consulted the relevant Commonwealth body, and

  • (b)

    the relevant Commonwealth body advises the consent authority that—

    • (i)

      the development will penetrate the prescribed airspace but it does not object to the development, or

    • (ii)

      the development will not penetrate the prescribed airspace.

(4)

(Repealed)

s 4.22: Am 2022 (112), Sch 1.1[15] [16].

4.23Public safety(1)

The objective of this section is to regulate development on land on which there is an appreciable risk to public safety from the operation of the Airport.

(2)

Development for the following purposes is prohibited on land shown as the “public safety area” on the Public Safety Area Map

Camping grounds; Caravan parks; Cemeteries; Centre-based child care facilities; Commercial premises; Community facilities; Correctional centres; Crematoria; Eco-tourist facilities; Education establishments; Entertainment facilities; Function centres; Funeral homes; Health services facilities; Heavy industrial storage establishments; Industrial retail outlets; Industrial training facilities; Industries; Information and education facilities; Passenger transport facilities; Places of public worship; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Residential accommodation; Service stations; Tourist and visitor accommodation

(3)

Development consent must not be granted to development for a purpose not specified in subsection (2) on land shown as the “public safety area” on the Public Safety Area Map unless the consent authority—

  • (a)

    has considered a written assessment of the risk of the development to persons provided by the applicant, which includes—

    • (i)

      the risk to persons on the land in the event of an emergency or other incident at or around the Airport, including an incident involving an aircraft landing or taking off from the Airport, and

    • (ii)

      the likely number of people who will use or otherwise be present on the land, and

    • (iii)

      the compatibility of the development with the risk, including in relation to the number of people who will use or otherwise be present on the land, and

  • (b)

    is satisfied that the development will adequately mitigate the risk to persons on the land, including by limiting the number of people or vehicles.

s 4.23: Am 2022 (112), Sch 1.1[17].

4.23AOperation of certain air transport facilities(1)

The objective of this section is to regulate development that may impact the operation of certain air transport facilities.

(2)

Development consent must not be granted to development on land shown as the “Building Restricted Area” on the Building Restricted Area Map unless the consent authority—

  • (a)

    has consulted the relevant Commonwealth body, and

  • (b)

    is satisfied that the development will not adversely impact the operation of communication and air traffic control facilities or structures associated with the Airport’s air transport facilities.

s 4.23A: Ins 2022 (112), Sch 1.1[18].

Part 4.4Development controls—general4.24Flood planning(1)

The objectives of this section are—

  • (a)

    to minimise the flood risk to life and property associated with the use of land, and

  • (b)

    to allow development on land that is compatible with the land’s flood hazard, taking into account projected changes as a result of climate change, and

  • (c)

    to avoid significant adverse impacts on flood behaviour and the environment.

(2)

This section applies to—

  • (a)

    land shown as the “flood planning area” on the Flood Planning Map, and

  • (b)

    other land that is at or below the flood planning level.

(3)

Development consent must not be granted to development on land to which this section applies unless the development—

  • (a)

    is compatible with the flood hazard of the land, taking into account projected changes as a result of climate change, and

  • (b)

    is not likely to significantly adversely affect flood behaviour resulting in detrimental increases in the potential flood affectation of other development or properties, and

  • (c)

    incorporates appropriate measures to manage risk to life from flood, and

  • (d)

    will enable safe occupation of and evacuation from flood prone land, and

  • (e)

    is not likely to significantly adversely affect the environment or cause avoidable erosion, siltation, destruction of riparian vegetation or a reduction in the stability of river banks or watercourses, and

  • (f)

    is not likely to result in unsustainable social and economic costs to the community as a consequence of flooding, and

  • (g)

    is consistent with any relevant floodplain risk management plan adopted by the council for the land in accordance with the Flood Risk Management Manual.

(4)

Development consent may be granted to development on land below the flood planning level only if the development—

  • (a)

    does not involve earthworks that will affect flood storage capacity or flood behaviour, and

  • (b)

    is not located in a floodway or flood storage area.

(4A)

Subsection (4) does not apply to development carried out by or on behalf of a public authority.

Must be a change of use from one kind of business premises to another kind of business premises.

New use must be consistent with the existing classification of the building under the Building Code of Australia.

Change of use (retail premises)

Must be a change of use from one kind of retail premises to another kind of retail premises.

New use must be consistent with the existing classification of the building under the Building Code of Australia.

Demolition

Must be the demolition of residential accommodation or development that is exempt development under Chapter 7.

Must be carried out in accordance with AS 2601—2001, Demolition of structures.

Earthworks and retaining walls

Must be used solely for agricultural purposes.

Must meet the development standards specified in clause 2.30 (a), (b), (d)–(f) and (h) of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.

Must not be carried out on land at or below the flood planning level.

Emergency services (including replacement or augmentation of fire systems, pump houses, fire water tanks and scaffolding)

No standards are specified for this development.

Filming

Must meet the development standards specified in clause 2.38B of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (other than clause 2.38B (1) (a)).

Landscaping and public domain works

Must be any of the following development, carried out on public land—

  • (a)

    cycleways, ticketing facilities, unenclosed single storey car parks and viewing platforms,

  • (b)

    outdoor recreational facilities, including playing fields, but not including grandstands,

  • (c)

    information facilities such as visitors’ centres and information boards,

  • (d)

    lighting, if light spill and artificial sky glow is minimised in accordance with AS/NZS 1158 Set: 2007, Lighting for Roads and Public Spaces,

  • (e)

    landscaping, including irrigation schemes (whether they use recycled or other water),

  • (f)

    amenity facilities,

  • (g)

    maintenance depots,

  • (h)

    environmental protection works,

  • (i)

    the construction, maintenance and repair of—

    • (i)

      walking tracks, boardwalks and raised walking paths, ramps, minor pedestrian bridges, stairways, gates, seats, barbecues, shelters and shade structures, and

    • (ii)

      viewing platforms, and

    • (iii)

      sporting facilities, including goal posts, sight screens and fences, and

    • (iv)

      play equipment where adequate safety provisions (including soft landing surfaces) are provided, but only if any structure is at least 1.2m away from any fence,

  • (j)

    routine maintenance (including earthworks associated with playing field regrading or landscaping),

  • (k)

    bridle paths, cycle storage racks or areas, fences, gates, public art and walls,

  • (l)

    earthworks and retaining walls.

If a visitors’ centre or maintenance depot, maximum area of development—200m2.

If a retaining wall, must—

  • (a)

    not be higher than 600mm (including the height of any batters) above ground level (existing), and

  • (b)

    if it is on a sloping site and stepped to accommodate the fall in the land—not be higher than 800mm above ground level (existing) at each step, and

  • (c)

    have adequate drainage lines behind it.

If earthworks, must—

  • (a)

    not redirect the flow of surface water onto an adjoining property, and

  • (b)

    cause surface water to be disposed of without causing a nuisance to adjoining owners, and

  • (c)

    be located at least 1m from any registered easement, sewer main or water main, and

  • (d)

    not require cut or fill more than 600mm below or above ground level (existing), and

  • (e)

    if the fill is more than 150mm deep—not occupy more than 50% of the landscaped area.

Minor external building alterations (other than a public building)

Includes re-cladding roofs or walls.

Must involve only repair or renovation, or painting, plastering or other decoration of building.

Must not result in enlargement or extension of building or increase in load-bearing capacity of any load-bearing component of building.

Must not involve the use of external combustible cladding (within the meaning of the Environmental Planning and Assessment Regulation 2000).

Any re-cladding must—

  • (a)

    not involve structural alterations, and

  • (b)

    involve only replacing existing materials with similar materials, unless the use of those materials is a breach of subsection (4).

Minor internal building alterations (other than a public building)

Must be non-structural alterations to existing building only, such as—

  • (a)

    replacement of doors, wall, ceiling or floor linings or deteriorated frame members with equivalent or improved quality materials, or

  • (b)

    inclusion of built-in fixtures.

Must not affect load-bearing capacity of any load-bearing component of building.

Alterations must not compromise fire safety or affect accessibility of any fire exit.

Rainwater tanks (above ground)

Must meet the development standards specified in clause 2.64 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (other than clause 2.64 (1) (a), (b) and (k)).

Must be located at least 10 metres from each lot boundary.

Must not have a capacity greater than—

  • (a)

    25,000 litres in the case of a tank on land used for the purposes of an educational establishment, or

  • (b)

    10,000 litres in any other case.

Rainwater tanks (below ground)

Must meet the development standards specified in clause 2.66 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (other than clause 2.66 (1) (e)).

Sheds, cool rooms or greenhouses used solely for agricultural purposes

Must not have a floor area greater than 30m2.

Must not be higher than 3m above ground level (existing).

Must be located—

  • (a)

    at least 20m from any boundary of the lot adjoining a road to which the front of a dwelling house, or a main building, on the lot faces or is proposed to face, and

  • (b)

    at least 10m from any other lot boundary.

Must not be a shipping container.

Must be constructed or installed so that roof water is disposed of without causing a nuisance to adjoining owners.

Must not be constructed or installed within 50m of a dwelling on an adjoining property.

If it is located on bush fire prone land and is less than 5m from a dwelling—must be constructed of non-combustible material.

If it is located adjacent to another building—must be located so that it does not interfere with the entry to, or exit from, or the fire safety measures contained within, that building.

Must be located at least 50m from a waterbody (natural).

To the extent that it is comprised of metal components—must be designed by, and constructed in accordance with the specifications of, a professional engineer.

Must not result in more than 2 such developments per lot.

Signage (associated with the use of road infrastructure)

No standards are specified for this development.

Signage (identification, directional, community information or safety signs but not including roof-top signs or commercial advertising or signs associated with the use of road infrastructure)

Surface area must not exceed 100m2.

Obtrusive effects of outdoor lighting must be controlled in accordance with AS 4282–1997, Control of the obtrusive effects of outdoor lighting.

Must be carried out by or on behalf of a public authority.

Signage (real estate signs on land or premises being advertised for lease or sale)

Surface area must not exceed 4.5m2.

Signage (temporary, advertising an event and associated relevant details including sponsorship of the event)

Surface area must not exceed 100m2.

Must not be displayed earlier than 28 days before the event and must be removed within 14 days after the event.

Obtrusive effects of outdoor lighting must be controlled in accordance with AS 4282–1997, Control of the obtrusive effects of outdoor lighting.

Temporary structures (other than tents and marquees), and temporary alterations or additions to buildings or works, solely for filming purposes

Must meet the development standards specified in clause 2.78B of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.

Temporary use of land

Maximum period of 182 days (whether or not consecutive days) in any period of 12 months.

Must not prejudice the subsequent carrying out of development on the land in accordance with Chapter 7.

Must not adversely impact on any adjoining land or the amenity of the neighbourhood.

Must not adversely impact on environmental attributes or features of the land, or increase the risk of natural hazards that may affect the land.

Must, at the end of the temporary use period, restore the site, as far as is practicable, to the condition in which it was before the commencement of the temporary use.

Tents or marquees used solely for filming purposes

Must meet the development standards specified in clause 2.78F of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.

Schedule 13Exempt development—Badgerys Creek Road, Bradfield

section 4.37AA

Application of schedule

This schedule applies to the IPG site specified in section 4.37AA(1).

Emergency works

Maintenance or restoration of emergency services equipment to ensure public safety or protect buildings or the environment as a result of the following is exempt development—

  • (a)

    a sudden natural event, including a storm, flood, tree fall, bush fire or land slip,

  • (b)

    an accident, equipment failure or structural collapse,

  • (c)

    damage caused by vandalism or arson.

The development must not, except to the extent necessary to carry out the development—

  • (a)

    disturb soil or vegetation, or

  • (b)

    affect the heritage value of a heritage item.

Flagpoles

The construction or installation of a flagpole.

The flagpole must not display a commercial advertisement for anything other than a business located on the site.

The flagpole must not be more than 50m in height.

There must not be more than 1 flagpole on each lot on the site.

Investigations

Surveying works and works for the purposes of investigating the physical properties of soil or rock, including geotechnical investigations and sediment sampling.

The development must not disturb soil or vegetation, except to the extent necessary to carry out the development.

Maintenance and repair

The maintenance, repair or replacement of fittings, fixtures and infrastructure.

The development must not involve excavation works, except to the extent necessary to carry out the maintenance, repair or replacement.

Pedestrian ramps, paths and mechanical and non-mechanical stairways

The construction or installation of pedestrian ramps, paths and mechanical and non-mechanical stairways in accordance with AS 1657:2018Fixed platforms, walkways, stairways and ladders—Design, construction and installation.

Preloading works

Preloading works for compression of soil before construction.

The development must not—

  • (a)

    disturb soil or vegetation, except to the extent necessary to carry out the development, or

  • (b)

    damage adjoining buildings or structures on the land or an adjoining lot, or

  • (c)

    redirect the flow of surface water onto an adjoining lot.

Fill brought to the site must be appropriate fill.

Scaffolding

The construction, installation or removal of a scaffold or hoarding.

The development must—

  • (a)

    comply with AS/NZS 1576.1:2019Scaffolding, Part 1: General requirements, and

  • (b)

    be removed as soon as practicable without compromising public health or safety.

Security and monitoring cameras and other devices

The construction or installation of security cameras and other devices, including radar, communication devices and microwave receivers for the purposes of monitoring traffic or tracking trucks or for security purposes.

Switch rooms and security booths

The erection of a switch room or security booth.

The building must not have a gross floor area of more than 250m2.

Minor vegetation management

Minor vegetation management for maintaining the security or safety of the land.

The development must not disturb vegetation more than is necessary for those purposes.

Wash bays

The construction or installation of wash bays for cleaning vehicles and equipment.

The development—

  • (a)

    must include sediment traps and oil-water separators appropriate to the size of the development, and

  • (b)

    must be constructed in accordance with AS/NZS 3500.2:2025, Plumbing and drainage, Part 2: Sanitary plumbing and drainage, and

  • (c)

    must not be located within a landscaped area, and

  • (d)

    must include appropriate containment systems and barriers to prevent leakage or contamination resulting from the development.

Above ground water tanks

The erection or removal of a rainwater tank or grey water tank above ground.

The tank—

  • (a)

    must not have a capacity of more than 500,000L of water, and

  • (b)

    must be the same colour as the surrounding development, and

  • (c)

    must not be located in any landscaped area.

sch 13: Rep 2021 (728), Sch 13. Ins 2025 (351), Sch 1[3].

Historical notesTable of amending instruments

State Environmental Planning Policy (Precincts—Western Parkland City) 2021 (728). LW 2.12.2021. Date of commencement, 1.3.2022, sec 2. This Plan has been amended by this Plan, Sch 13, sec 9 and as follows—.

2022

(93)

Camden Local Environmental Plan Amendment (Sydney Region Growth Centres—Oran Park and Turner Road Precinct) 2022. LW 18.3.2022.

Date of commencement, on publication on LW, cl 2.

(94)

Camden Local Environmental Plan Amendment (Sydney Region Growth Centres—Pondicherry Precinct) 2022. LW 18.3.2022.

Date of commencement, on publication on LW, cl 2.

(112)

State Environmental Planning Policy (Precincts—Western Parkland City) Amendment (Miscellaneous) 2022. LW 25.3.2022.

Date of commencement of Sch 1.1, on publication on LW, sec 2(1); date of commencement of Sch 1.2, 1.7.22, sec 2(2).

(119)

State Environmental Planning Policy (Precincts—Western Parkland City) Amendment (Wilton Town Centre Precinct) 2022. LW 30.3.2022.

Date of commencement of Sch 1, 30.6.2023, sec 2(1). Amended by State Environmental Planning Policy (Biodiversity and Conservation) Amendment (Strategic Conservation Planning) 2022 (461). LW 17.8.2022. Date of commencement, on publication on LW, sec 2(1). Amended by State Environmental Planning Policy (Precincts—Western Parkland City) Amendment (Wilton Town Centre Precinct) (No 2) 2022 (570). LW 23.9.2022. Date of commencement, on publication on LW, sec 2. Amended by State Environmental Planning Policy Amendment (Miscellaneous) 2023 (120). LW 2.3.2023. Date of commencement, on publication on LW, sec 2. The amendment made by Sch 1[3] was without effect as the provision being amended was amended by State Environmental Planning Policy Amendment (Riverstone West Precinct) 2022.

(181)

Liverpool Local Environmental Plan Amendment (East Leppington Precinct) 2022. LW 29.4.2022.

Date of commencement, on publication on LW, cl 2.

(206)

Wollondilly Local Environmental Plan Amendment (Precincts—Western Parkland City) 2022. LW 6.5.2022.

Date of commencement, on publication on LW, cl 2.

(351)

State Environmental Planning Policy (Precincts—Western Parkland City) Amendment (South East Wilton Precinct) 2022. LW 1.7.2022.

Date of commencement, on publication on LW, sec 2.

(461)

State Environmental Planning Policy (Biodiversity and Conservation) Amendment (Strategic Conservation Planning) 2022. LW 17.8.2022.

Date of commencement, on publication on LW, sec 2(1).

(629)

State Environmental Planning Policy Amendment (Water Catchments) 2022. LW 21.10.2022.

Date of commencement, 21.11.2022, sec 2.

(835)

State Environmental Planning Policy Amendment (Riverstone West Precinct) 2022. LW 16.12.2022.

Date of commencement, on publication on LW, sec 2.

2023

(112)

Camden Local Environmental Plan Amendment (Precincts—Western Parkland City) 2023. LW 2.3.2023.

Date of commencement, on publication on LW, cl 2.

(120)

State Environmental Planning Policy Amendment (Miscellaneous) 2023. LW 2.3.2023.

Date of commencement, on publication on LW, sec 2.

(369)

State Environmental Planning Policy (Precincts—Western Parkland City) Amendment (Penrith Lakes Scheme) 2023. LW 30.6.2023.

Date of commencement, on publication on LW, sec 2.

(370)

Wollondilly Local Environmental Plan 2011 (Amendment No 45). LW 30.6.2023.

Date of commencement of Sch 1, on publication on LW, cl 2(b).

(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.

(609)

State Environmental Planning Policy Amendment (Flood Planning) 2023. LW 10.11.2023.

Date of commencement, on publication on LW, sec 2.

2024

(92)

State Environmental Planning Policy (Precincts—Western Parkland City) Amendment (Wilton Growth Area) 2024. LW 28.3.2024.

Date of commencement, on publication on LW, sec 2.

(115)

State Environmental Planning Policy (Transport and Infrastructure) Amendment 2024. LW 5.4.2024.

Date of commencement, on publication on LW, sec 2.

(185)

Liverpool Local Environmental Plan Amendment (Western Sydney Aerotropolis) 2024. LW 31.5.2024.

Date of commencement, on publication on LW, cl 2.

(207)

Campbelltown Local Environmental Plan 2015 (Amendment No 33). LW 14.6.2024.

Date of commencement, on publication on LW, cl 2.

(269)

Campbelltown Local Environmental Plan 2015 (Amendment No 39). LW 28.6.2024.

Date of commencement, on publication on LW, cl 2.

(585)

State Environmental Planning Policy (Transport and Infrastructure) Amendment (No 2) 2024. LW 22.11.2024.

Date of commencement, on publication on LW, sec 2.

2025

(314)

Camden Local Environmental Plan Amendment (Pondicherry Precinct) 2025. LW 27.6.2025.

Date of commencement, on publication on LW, sec 2.

(351)

State Environmental Planning Policy (Precincts—Western Parkland City) Amendment (Exempt Development) 2025. LW 11.7.2025.

Date of commencement, on publication on LW, sec 2.

(404)

State Environmental Planning Policy (Precincts—Western Parkland City) Amendment (Emergency Facility) 2025. LW 8.8.2025.

Date of commencement, on publication on LW, sec 2.

(419)

Camden Local Environmental Plan Amendment (Precincts—Western Parkland City) 2025. LW 15.8.2025.

Date of commencement, on publication on LW, cl 2.

(486)

Wollondilly Local Environmental Plan Amendment (Precincts—Western Parkland City) 2025. LW 5.9.2025.

Date of commencement, on publication on LW, cl 2.

Table of amendments

Sec 2.3

Am 2022 (835), Sch 4[1] [2].

Sec 2.4

Am 2022 (835), Sch 4[3].

Sec 2.6A

Ins 2023 (524), Sch 2.4[1].

Sec 2.7

Am 2022 (835), Sch 4[4].

Sec 2.8

Am 2022 (835), Sch 4[4].

Sec 3.1

Am 2022 (835), Sch 4[5].

Sec 3.2

Am 2022 (835), Sch 4[4] [6]–[9]; 2023 (120), Sch 2[1]–[3].

Sec 3.7

Am 2022 (835), Sch 4[10]; 2024 (585), Sch 2.2[1].

Sec 3.8

Subst 2022 (835), Sch 4[11]. Am 2022 (119), Sch 1[1]; 2023 (370), Sch 1[1]–[6].

Sec 3.9

Am 2023 (524), Sch 2.4[2] [3].

Sec 3.10

Am 2022 (94), cl 5(1). Subst 2022 (835), Sch 4[12]. Am 2022 (119), Sch 1[2]; 2023 (370), Sch 1[7]; 2023 (458), Sch 3.5[1] [2]; 2024 (207), Sch 1[1]; 2025 (314), Sch 1[1].

Sec 3.11

Am 2022 (835), Sch 4[13] [14].

Sec 3.22

Am 2022 (835), Sch 4[15]–[17]; 2023 (523), Sch 2.6[1] [2].

Sec 3.26

Am 2022 (835), Sch 4[4] [18].

Sec 3.27

Am 2022 (835), Sch 4[19].

Sec 3.28

Am 2022 (835), Sch 4[20]–[22]; 2023 (458), Sch 3.5[3].

Sec 4.3

Am 2022 (206), cl 4(1).

Sec 4.5

Subst 2024 (92), Sch 1[1].

Sec 4.8

Am 2024 (585), Sch 2.2[1]

Sec 4.13

Am 2022 (112), Sch 1.1[1].

Sec 4.13A

Ins 2022 (112), Sch 1.1[2].

Sec 4.14

Am 2022 (112), Sch 1.1[3].

Chapter 4, Land Use Table

Am 2022 (112), Sch 1.1[4]–[6].

Sec 4.17

Am 2022 (112), Sch 1.1[7].

Sec 4.18

Am 2022 (112), Sch 1.1[8].

Sec 4.19

Am 2022 (112), Sch 1.1[9] [10]; 2024 (115), Sch 2.3.

Sec 4.20

Am 2022 (112), Sch 1.1[11]–[13]; 2024 (115), Sch 2.3.

Sec 4.21

Am 2022 (112), Sch 1.1[14].

Sec 4.22

Am 2022 (112), Sch 1.1[15] [16].

Sec 4.23

Am 2022 (112), Sch 1.1[17].

Sec 4.23A

Ins 2022 (112), Sch 1.1[18].

Sec 4.24

Am 2022 (112), Sch 1.1[19]; 2023 (609), Sch 2.21[1]–[3].

Sec 4.25

Am 2022 (112), Sch 1.1[20] [21]; 2022 (461), Sch 2.2[1].

Sec 4.25A

Ins 2022 (112), Sch 1.1[22].

Sec 4.27

Am 2023 (523), Sch 2.6[3].

Sec 4.28

Am 2022 (112), Sch 1.1[23].

Sec 4.28A

Ins 2022 (112), Sch 1.1[24].

Sec 4.28B

Ins 2022 (112), Sch 1.1[24]. Am 2024 (185), Sch 1.

Sec 4.30

Am 2022 (112), Sch 1.1[25].

Sec 4.31

Am 2022 (112), Sch 1.1[26]–[28]; 2023 (523), Sch 2.6[3].

Sec 4.32

Am 2022 (112), Sch 1.1[29] [30].

Part 4.6, heading

Am 2022 (112), Sch 1.1[31].

Part 4.6, Div 1

Ins 2022 (112), Sch 1.1[32].

Sec 4.34

Am 2022 (112), Sch 1.1[33].

Part 4.6, Div 2

Ins 2022 (112), Sch 1.1[34].

Sec 4.35

Am 2022 (112), Sch 1.1[35]–[37].

Sec 4.37AA

Ins 2025 (351), Sch 1[1].

Part 4.6, Div 3

Ins 2022 (112), Sch 1.1[38].

Sec 4.37A

Ins 2022 (112), Sch 1.1[38].

Sec 4.37B

Ins 2022 (112), Sch 1.1[38].

Sec 4.37C

Ins 2022 (112), Sch 1.1[38].

Sec 4.37D

Ins 2022 (112), Sch 1.1[38].

Sec 4.37E

Ins 2022 (112), Sch 1.1[38].

Sec 4.38

Am 2022 (112), Sch 1.1[39]–[41].

Sec 4.39

Am 2022 (112), Sch 1.1[42].

Sec 4.40

Am 2023 (523), Sch 2.6[3].

Sec 4.41

Am 2022 (112), Sch 1.1[43]–[47].

Sec 4.48

Rep 2023 (554), Sch 2.36[1].

Sec 4.50

Am 2022 (112), Sch 1.1[48], 1.2; 2025 (404), Sch 1.

Sec 4.51

Am 2022 (112), Sch 1.1[49]; 2022 (461), Sch 2.2[2]; 2023 (609), Sch 2.21[4].

Sec 5.6

Am 2023 (369), Sch 1[1] [2]; 2023 (609), Sch 2.21[5].

Sec 5.8

Subst 2023 (369), Sch 1[3]. Am 2023 (524), Sch 2.4[4]; 2023 (609), Sch 2.21[6].

Sec 5.17A

Ins 2023 (369), Sch 1[4].

Sec 5.21

Am 2023 (524), Sch 1.2[1].

Sec 5.30

Am 2023 (609), Sch 2.21[7].

Sec 5.35

Am 2024 (92), Sch 1[2].

Sec 5.37

Am 2023 (523), Sch 2.6[4] [5]; 2024 (92), Sch 1[2].

Sec 5.38

Subst 2023 (369), Sch 1[5]. Am 2023 (609), Sch 2.21[8].

Sec 5.38A

Ins 2023 (369), Sch 1[5].

Sec 5.38B

Ins 2023 (369), Sch 1[5]. Rep 2023 (554), Sch 2.36[1].

Sec 5.38C

Ins 2023 (369), Sch 1[5].

Sec 5.38D

Ins 2023 (369), Sch 1[5].

Sec 5.39

Rep 2023 (554), Sch 2.36[1].

Sec 6.4

Am 2023 (554), Sch 2.36[2]; 2023 (609), Sch 2.21[9].

Sec 6.5A

Ins 2023 (609), Sch 2.21[10].

Sec 6.50

Am 2023 (609), Sch 2.21[11]; 2024 (585), Sch 2.2[2].

Sec 6.51

Am 2023 (609), Sch 2.21[12].

Sec 6.66

Rep 2023 (554), Sch 2.36[1].

Sec 7.3

Am 2023 (523), Sch 2.6[6].

Sec 7.5

Subst 2022 (629), Sch 3.16.

Sec 7.5A

Ins 2022 (629), Sch 3.16.

Sec 7.13

Am 2023 (609), Sch 2.21[13] [14].

Sec 7.24

Ins 2023 (609), Sch 2.21[15].

Chapter 8

Ins 2025 (486), Sch 1[1].

Sec 8.1

Ins 2025 (486), Sch 1[1].

Sec 8.2

Ins 2025 (486), Sch 1[1].

Sec 8.3

Ins 2025 (486), Sch 1[1].

Sec 8.4

Ins 2025 (486), Sch 1[1].

Appendix 1, heading

Subst 2022 (835), Sch 4[23].

Appendix 1

Am 2022 (835), Sch 4[23]; 2023 (524), Sch 1.2[2]; 2023 (609), Sch 2.21[16]–[18]; 2024 (92), Sch 1[2].

Appendix 2

Am 2022 (93), Sch 1[1] [2]; 2022 (835), Sch 4[24]; 2023 (524), Sch 1.2[1]; 2024 (92), Sch 1[2]; 2025 (314), Sch 1[2] [3].

Appendix 3

Rep 2022 (835), Sch 4[25] (transferred to State Environmental Planning Policy (Precincts—Central River City) 2021, Appendix 13).

Appendix 4

Am 2022 (181), cl 5; 2022 (835), Sch 4[24]; 2023 (524), Sch 1.2[1]; 2024 (92), Sch 1[2].

Appendix 5

Am 2022 (94), cl 5(2); 2022 (835), Sch 4[24]; 2023 (112), cl 5(1) (2); 2023 (524), Sch 1.2[1]; 2024 (92), Sch 1[2]; 2025 (314), Sch 1[4]–[11]; 2025 (419), Sch 1[1] [2].

Appendix 6

Am 2022 (835), Sch 4[24]; 2023 (524), Sch 1.2[1]; 2023 (609), Sch 2.21[19]–[21]; 2024 (92), Sch 1[2].

Appendix 7

Am 2022 (351), sec 5(1) (2); 2022 (461), Sch 2.2[3]–[8]; 2022 (835), Sch 4[24]; 2023 (120), Sch 2[4]–[7]; 2023 (524), Sch 1.2[1]; 2023 (554), Sch 2.36[3] [4]; 2024 (92), Sch 1[2]–[7].

Appendix 8

Am 2022 (461), Sch 2.2[9]–[14]; 2022 (835), Sch 4[24]; 2023 (120), Sch 2[8]–[10]; 2023 (524), Sch 1.2[1]; 2023 (554), Sch 2.36[3] [4]; 2024 (92), Sch 1[2]–[7].

Appendix 9

Ins 2022 (119), Sch 1[4] (am 2022 (461), Sch 2.3[1]–[3]; 2023 (120), Sch 3[2] [3]). Am 2023 (524), Sch 1.2[1]; 2023 (554), Sch 2.36[4] [5]; 2024 (92), Sch 1[5] [6] [8] [9].

Appendix 10

Ins 2023 (370), Sch 1[8]. Am 2023 (523), Sch 2.6[7] [8]; 2023 (524), Sch 1.2[1]; 2023 (554), Sch 2.36[1] [6]; 2024 (207), Sch 1[2]–[11]; 2025 (486), Sch 1[2].

Appendix 11

Ins 2024 (207), Sch 1[12]. Am 2024 (269), Sch 1[1] [2].

Sch 1, heading

Am 2022 (112), Sch 1.1[50].

Sch 1

Am 2022 (112), Sch 1.1[51]; 2022 (206), cl 4(2).

Sch 2, heading

Am 2022 (112), Sch 1.1[52].

Sch 2

Am 2022 (112), Sch 1.1[53].

Sch 3

Subst 2022 (112), Sch 1.1[54]. Am 2023 (523), Sch 2.6[9]; 2025 (351), Sch 1[2].

Sch 4

Subst 2023 (369), Sch 1[6].

Sch 7, heading

Am 2023 (609), Sch 2.21[22].

Sch 7

Am 2023 (554), Sch 2.36[7]; 2023 (609), Sch 2.21[23].

Sch 13

Rep 2021 (728), Sch 13. Ins 2025 (351), Sch 1[3].

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0