State Environmental Planning Policy (Sydney Region Growth Centres) 2006 (Amendment No 1) (2007-642) [GG No 185 of 21.12.2007, p 10136] (NSW)
2007 No 642
| New South Wales |
State Environmental Planning Policy
(Sydney Region Growth Centres) 2006
(Amendment No 1)
under the
Environmental Planning and Assessment Act 1979
Her Excellency the Governor, with the advice of the Executive Council, has made the following State environmental planning policy under the Environmental Planning and Assessment Act 1979 in accordance with the recommendation made by the Minister for Planning. (S07/00213/PC-1)
FRANK SARTOR, M.P.,
Minister for Planning
| Published in Gazette No 185 of 21 December 2007, page 10136 | Page 1 |
| 2007 No 642 | State Environmental Planning Policy (Sydney Region Growth Centres) 2006 |
| Clause 1 | (Amendment No 1) |
State Environmental Planning Policy (Sydney Region
Growth Centres) 2006 (Amendment No 1)
under the
Environmental Planning and Assessment Act 1979
1 Name of Policy
This Policy is State Environmental Planning Policy (Sydney Region
Growth Centres) 2006 (Amendment No 1).
2 Aim of Policy
The aim of this Policy is to amend the State Environmental Planning
Policy (Sydney Region Growth Centres) 2006:
| (a) | to specify development controls for land in the Colebee, Edmonson Park, Oran Park and Turner Road precincts within the North West Growth Centre and the South West Growth Centre, and |
| (b) | to make public utility undertakings permissible without development consent on all land to which State Environmental Planning Policy (Sydney Region Growth Centres) 2006 applies, and |
| (c) | to enable actions undertaken under the Sydney Water Act 1994 that involve the clearing of native vegetation to be carried out without development consent, and |
| (d) | to make other minor and consequential amendments. |
3 Land to which Policy applies
This Policy applies to the land to which State Environmental Planning
Policy (Sydney Region Growth Centres) 2006 applies.
4 Amendment of State Environmental Planning Policy (Sydney Region Growth Centres) 2006
State Environmental Planning Policy (Sydney Region Growth Centres)
2006 is amended as set out in Schedule 1.
5 Replacement of maps
The following maps adopted by the State Environmental Planning Policy (Sydney Region Growth Centres) 2006 are declared by this
| State Environmental Planning Policy (Sydney Region Growth Centres) 2006 | 2007 No 642 |
| (Amendment No 1) | Clause 5 |
Policy to be replaced by the maps specified below, as approved by the
Minister on the making of this Policy:
| (a) | the Sydney Region Growth Centres Precinct Boundaries Map— South West Growth Centre is replaced by the South West Growth Centre Precinct Boundary Map (Edition 2), |
| (b) | the Sydney Region Growth Centres Zoning Map—South West Growth Centre is replaced by the South West Growth Centre Land Zoning Map (Edition 2), |
| (c) | the Sydney Region Growth Centres Development Control Map—South West Growth Centre is replaced by the South West Growth Centre Development Control Map (Edition 2). |
| 2007 No 642 | State Environmental Planning Policy (Sydney Region Growth Centres) 2006 (Amendment No 1) |
| Schedule 1 | Amendments |
| Schedule 1 | Amendments |
(Clause 4)
[1] Clause 3
Omit the clause. Insert instead:
3 Interpretation
|
Note. The structure plan for a growth centre identifies:
| (a) | the general pattern and strategic direction of development in the growth centre over the next 30 years, and |
| (b) | the areas of future urban and employment development that are potentially available for release, and |
| (c) | the areas of future regional open space and of environmentally constrained land, and |
| (d) | future major infrastructure and transport routes (which are to be part of a more detailed and comprehensive infrastructure plan referred to in clause 276 of the Environmental Planning and Assessment Regulation 2000). |
transitional land means land in a growth centre precinct shown as transitional land and hatched pink on the Sydney Region Growth Centres Development Control Map—North West Growth Centre or on the South West Growth Centre Development Control Map (Edition 2).
| State Environmental Planning Policy (Sydney Region Growth Centres) 2006 | 2007 No 642 |
| (Amendment No 1) |
| Amendments | Schedule 1 |
| (2) | The Dictionary at the end of this Policy defines words and expressions for the purposes of this Policy. |
| (3) | A reference in this Policy to a growth centre structure plan is a reference to a plan deposited in the Department. |
| (4) Omit “The consent”. Insert instead “Except as provided by a Precinct Policy, the consent”. | Notes included in this Policy do not form part of this Policy. |
[2] Clause 4 Consent authority
[3] Clause 6 Relationship with other environmental planning instruments
Omit clause 6 (2).
[4] Clause 6A
Insert after clause 6:
|
| (1) | A reference in this Policy to a named map adopted by this Policy is a reference to a map by that name: | |||
| ||||
| (2) | Any 2 or more named maps may be combined into a single map. In that case, a reference in this Policy 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) | A map referred to in this Policy, immediately before the commencement of this clause, is taken to be a map approved by the Minister under this clause. |
[5] Clause 7 Controls applying to precincts after finalisation of precinct planning process
Omit “Schedule 1”. Insert instead “Appendix 1”.
| 2007 No 642 | State Environmental Planning Policy (Sydney Region Growth Centres) 2006 (Amendment No 1) |
| Schedule 1 | Amendments |
[6] Clause 7, note
Omit “included in Schedule 1 or other provisions of this Policy. On the commencement of this Policy, Schedule 1 was blank.”.
Insert instead “specified in Appendix 1.”.
[7] Clause 7A
Insert after clause 7:
|
The following provisions are specified with respect to the development of land within the following precincts:
| (a) | The provisions of the Blacktown Local Environmental Plan 1988 are specified for the Colebee Precinct within the North West Growth Centre. |
| (b) | The provisions of the Campbelltown (Urban Area) Local Environmental Plan 2002 and Liverpool Local Environmental Plan 1997 are specified for the land within Edmondson Park Precinct within the South West Growth Centre to which those Plans apply. |
[8] Clause 8 Application of Part and of other planning instruments
Insert after clause 8 (2):
| (3) | This Part does not apply to land to which a Precinct Policy applies or land referred to in clause 7A. |
[9] Clause 12 Land use table for zones to which Part applies
Omit “Noxious Weeds Act 1993; development for public utility installations” wherever occurring in the land use table to the clause.
Insert instead “Noxious Weeds Act 1993.”.
[10] Clause 13 Additional permitted uses
Omit “Schedule 2” from clause 13 (1). Insert instead “the Table to this clause”.
[11] Clause 13 (1) (b)
Omit “Schedule”. Insert instead “Table”.
[12] Clause 13, note
Omit the note.
| State Environmental Planning Policy (Sydney Region Growth Centres) 2006 | 2007 No 642 |
| (Amendment No 1) |
| Amendments | Schedule 1 |
[13] Clause 13, Table
Insert at the end of the clause:
Table of additional permitted uses
Note. On the commencement of this Policy, the Table was blank.
[14] Clause 16 Development applications in growth centres—matters for consideration until finalisation of precinct planning for land
| Omit “included in Schedule 1” from clause 16 (1). Insert instead “specified in Appendix 1 or clause 7A”. |
[15] Clause 16 (1) (d)
| Omit “include provisions in Schedule 1 with respect to the land”. Insert instead “specify provisions in Appendix 1 or clause 7A”. |
[16] Part 4, note
Insert after the heading to Part 4:
Note. Clauses 16 and 17 do not apply to land to which a Precinct Plan applies or to land referred to in clause 7A.
[17] Clause 17 Referral to Growth Centres Commission after release of precinct
| Omit “included in Schedule 1” from clause 17 (1). Insert instead “specified in Appendix 1 or clause 7A”. |
[18] Clause 18 Water recycling and conservation
Insert after the heading to the clause:
Note. This clause and clauses 18A and 18B apply to all land to which this State Environmental Planning Policy applies.
[19] Clause 18 (3)
Omit “Schedule 3”. Insert instead “the Table to this clause”.
[20] Clause 18, note
Omit the note.
| 2007 No 642 | State Environmental Planning Policy (Sydney Region Growth Centres) 2006 (Amendment No 1) |
| Schedule 1 | Amendments |
[21] Clause 18, Table
Insert at the end of the clause:
Table of approved systems
Note. On the commencement of this Policy, the Table was blank.
[22] Clauses 18A and 18B
Insert after clause 18:
|
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 Policy applies.
| 18B | Electricity generating works and water recycling facilities |
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. |
[23] Clause 21 Land to which Part applies
Insert after clause 21 (2):
| (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. |
[24] Clause 23 Consent for clearing native vegetation
| Insert “, the Sydney Water Act 1994” after “the Roads Act 1993” in clause 23 (4). |
[25] Schedules 1–3
Omit the Schedules.
| State Environmental Planning Policy (Sydney Region Growth Centres) 2006 | 2007 No 642 |
| (Amendment No 1) |
| Amendments | Schedule 1 |
[26] Appendix 1
Insert at the end of the Policy:
Appendix 1
| ||
| Note. The Standard Instrument (Local Environmental Plans) Order 2006 sets out matters to be included in standard local environmental plans. While this Precinct Plan is not a standard local environmental plan, it is generally consistent with standard plans. A number of clauses from the Standard Instrument (Local Environmental Plans) Order 2006 have been included in this Precinct Plan and the clause numbering from that order has been retained. This means that the numbering in this Precinct Plan may contain some gaps. Additional provisions have been inserted and are numbered accordingly. |
1 Name of Precinct Plan
This Plan is the Oran Park and Turner Road Precinct Plan 2007.
2 Aims of Precinct Plan
The aims of this Precinct Plan are:
|
3 Land to which Precinct Plan applies
| This Precinct Plan applies to land within the Oran Park and Turner Road Precincts. |
| 2007 No 642 | State Environmental Planning Policy (Sydney Region Growth Centres) 2006 (Amendment No 1) |
| Schedule 1 | Amendments |
4 Definitions
In this Precinct Plan, Council means the Council of the City of Camden.
Note. The Dictionary at the end of this State Environmental Planning Policy defines words and expressions for the purposes of this Precinct Plan.
6 Consent authority
The consent authority for the purposes of this Precinct Plan is (subject to the Act) the council of the area in which the land concerned is situated.
8 Repeal of other local planning instruments applying to land
(1) All local environmental plans and deemed environmental planning instruments applying only to the land to which this Precinct Plan applies are repealed.
(2) All local environmental plans and deemed environmental planning instruments applying to the land to which this Precinct Plan applies and to other land cease to apply to the land to which this Precinct Plan applies.
|
9 Application of SEPPs and REPs
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Note. Section 36 of the Act generally provides that SEPPs prevail over REPs and LEPs and that REPs prevail over LEPs. However, a LEP may (by an additional provision included in the LEP) displace or amend a SEPP or REP to deal specifically with the relationship between this Precinct Plan and the SEPP or REP.
(2) The following State environmental planning policies and regional environmental plans (or provisions) do not apply to the land to which this Precinct Plan applies:
State Environmental Planning Policy No 1—Development
Standards
State Environmental Planning Policy No 4—Development
Without Consent and Miscellaneous Exempt and Complying
Development (clause 6 and Parts 3 and 4)
State Environmental Planning Policy No 9—Group Homes
State Environmental Planning Policy No 60—Exempt and
Complying Development
| State Environmental Planning Policy (Sydney Region Growth Centres) 2006 | 2007 No 642 |
| (Amendment No 1) |
| Amendments | Schedule 1 |
| (3) | Subject to section 74 (1) of the Act, in the event of an inconsistency between this Precinct Plan and another environmental planning instrument whether made before or after the commencement of this Precinct Plan, this Precinct Plan prevails to the extent of the inconsistency. |
| Note. The other provisions of this State Environmental Planning Policy also contains provisions applying development controls to the South West Growth Centre, including the Oran Park and Turner Road Precincts. |
| 9A | Suspension of covenants, agreements and instruments | |||
|
| (a) | to a covenant imposed by the Council or that the Council requires to be imposed, or |
| (b) | to any prescribed instrument within the meaning of section 183A of the Crown Lands Act 1989, or |
| (c) | to any conservation agreement within the meaning of the National Parks and Wildlife Act 1974, or |
| (d) | to any Trust agreement within the meaning of the Nature Conservation Trust Act 2001, or |
| (e) | to any property vegetation plan within the meaning of the Native Vegetation Act 2003. |
| (3) | This clause does not affect the rights or interests of any public authority under any registered instrument. |
| (4) | Pursuant to section 28 of the Act, before the making of this clause, the Governor approved of subclauses (1)–(3). |
| Part 2 | Permitted or prohibited development |
10 Land use zones
The land use zones under this Precinct Plan are as follows:
Residential Zones
R1 General Residential
R3 Medium Density Residential
| 2007 No 642 | State Environmental Planning Policy (Sydney Region Growth Centres) 2006 (Amendment No 1) |
| Schedule 1 | Amendments |
Business Zones
B1 Neighbourhood Centre
B2 Local Centre
B4 Mixed Use
B5 Business Development
Industrial Zones
IN1 General Industrial
Special Purpose Zones
SP2 Infrastructure
Recreation Zones
RE1 Public Recreation RE2 Private Recreation
Environment Protection Zones
E4 Environmental Living
Note. At the commencement of this Precinct Plan, land within the Oran Park Precinct was within the Medium Density Residential Zone, the Neighbourhood Centre Zone, the Local Centre Zone, the General Industrial Zone, the Infrastructure Zone, the Public Recreation Zone, the Private Recreation Zone and the Environmental Living Zone. Land within the Turner Road Precinct was within the General Residential Zone, the Neighbourhood Centre Zone, the Mixed Use Zone, the Business Development Zone, the General Industrial Zone, the Public Recreation Zone and the Private Recreation Zone.
11 Zoning of land to which Precinct Plan applies
For the purposes of this Precinct Plan, land is within the zones shown on the Precinct Land Zoning Map.
12 Zone objectives and land use table
|
zone:
| (a) | the objectives for development, and |
| (b) | development that may be carried out without consent, and |
| (c) | development that may be carried out only with 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. |
| State Environmental Planning Policy (Sydney Region Growth Centres) 2006 | 2007 No 642 |
| (Amendment No 1) |
| Amendments | Schedule 1 |
| (3) | In the Land Use Table at the end of this Part: | |||
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| (4) | This clause is subject to the other provisions of this Part. | |||
| Notes. |
1 Schedule 1 sets out additional permitted uses for particular land.
2 The Oran Park Precinct Development Control Plan and the Turner Road Precinct Development Control Plan set out exempt development (which is generally exempt from both Parts 4 and 5 of the Act). Development in the Land Use Table that may be carried out without consent is nevertheless subject to the environmental assessment and approval requirements of Part 5 of the Act or, if applicable, Part 3A of the Act.
3 The Oran Park Precinct Development Control Plan and the Turner Road Precinct Development Control Plan set out complying development (for which a complying development certificate may be issued as an alternative to obtaining development consent).
4 Clause 15 requires consent for subdivision of land.
5 Part 5 contains other provisions which require consent for particular development.
14 Additional permitted uses for particular land
|
| (a) | with consent, or |
| (b) | if the Schedule so provides—without consent, |
in accordance with the conditions (if any) specified in that
Schedule in relation to that development.
| (2) | This clause has effect despite anything to the contrary in the Land Use Table at the end of this Part or other provision of this Precinct Plan. |
15 Subdivision—consent requirements
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| 2007 No 642 | State Environmental Planning Policy (Sydney Region Growth Centres) 2006 (Amendment No 1) |
| Schedule 1 | Amendments |
| (a) | widening a public road, | |||
| (b) | a minor realignment of boundaries that does not create: | |||
| ||||
| (c) | a consolidation of lots that does not create additional lots or the opportunity for additional dwellings, | |||
| (d) | rectifying an encroachment on a lot, | |||
| (e) | creating a public reserve, | |||
| (f) | excising from a lot land that is, or is intended to be, used for public purposes, including drainage purposes, rural fire brigade or other emergency service purposes or public conveniences. |
Note. If a subdivision is exempt development, the Act enables the subdivision to be carried out without consent.
| (3) | Despite subclause (1), consent is not required for subdivision under the Strata Schemes (Freehold Development) Act 1973 or the Strata Schemes (Leasehold Development) Act 1986, except: | |||
|
Land Use Table
| Zone R1 | General Residential |
1 Objectives of zone
| • | To provide for the housing needs of the community. |
| • | To provide for a variety of housing types and densities. |
| • | To enable other land uses that provide facilities or services to meet the day to day needs of residents. |
| • | To support the well being of the community, including educational, recreational, community, religious and other activities and, where appropriate, neighbourhood shops if there will be no adverse effect on the amenity of proposed or existing nearby residential development. |
| State Environmental Planning Policy (Sydney Region Growth Centres) 2006 | 2007 No 642 |
| (Amendment No 1) |
| Amendments | Schedule 1 |
| • | To allow for small scale kiosks, function centres, restaurants and markets that support the primary function and use of recreation areas, public open space and recreation facilities located within residential areas. |
| • | To allow for small scale intensity tourist and visitor accommodation that does not interfere with residential amenity. |
| • | To provide for a variety of recreational uses within open space areas. |
2 Permitted without consent
Nil
3 Permitted with consent
Any other development not specified in item 2 or 4
4 Prohibited
Agriculture; Airports; Airstrips; Biosolid waste applications; Bulky goods premises; Business premises; Cemeteries; Correctional centres; Crematoria; Dairies (pasture-based); Depots; Entertainment facilities; Extractive industries; Farm buildings; Freight transport facilities; Function centres (other than those within recreation areas or operated in conjunction with recreation areas or recreation facilities); Hazardous storage establishments; Helipads; Heliports; Home occupations (sex services); Industrial retail outlets; Industries; Landscape and garden supplies; Liquid fuel depots; Materials recycling or recovery centres; Mines; Mortuaries; Moveable dwellings; Nightclubs; Offensive storage establishments; Office premises; Passenger transport facilities; Public administration buildings; Registered clubs; Retail premises (other than neighbourhood shops and other than kiosks, markets, restaurants or take away food and drink premises within recreation areas or operated in conjunction with recreation areas or recreation facilities); Restricted premises; Restriction facilities; Roadside stalls; Rural industries; Rural workers’ dwellings; Sawmill or log processing works; Service stations; Sewage treatment works; Sex services premises; Stock and sale yards; Storage premises; Timber and building supplies; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Vehicle sales or hire premises; Warehouse or distribution centres; Waste disposal land fill operations; Waste management facilities; Wholesale supplies
| 2007 No 642 | State Environmental Planning Policy (Sydney Region Growth Centres) 2006 (Amendment No 1) |
| Schedule 1 | Amendments |
| Zone R3 | Medium Density Residential |
1 Objectives of zone
| • | To provide for the housing needs of the community within a medium density residential environment. |
| • | To enable other land uses that provide facilities or services to meet the day to day needs of residents. |
| • | To support the well being of the community, including educational, recreational, community, religious and other activities where compatible with the amenity of a medium density residential environment. |
| • | To provide for a variety of recreational uses within open space areas. |
| • | To allow for small scale kiosks, function centres, restaurants and markets that support the primary function and use of recreation areas, public open space and recreation facilities located within residential areas. |
2 Permitted without consent
Nil
3 Permitted with consent
Any other development not specified in item 2 or 4
4 Prohibited
Agriculture; Airports; Airstrips; Biosolid waste applications; Bulky goods premises; Business premises; Car parks; Caravan parks; Cemeteries; Correctional centres; Dairies (pasture-based); Depots; Dual occupancies; Dwelling houses; Entertainment facilities; Extractive industries; Farm buildings; Freight transport facilities; Function centres (other than those within recreation areas or operated in conjunction with recreation areas or recreation facilities); Hazardous storage establishments; Helipads; Heliports; Home occupations (sex services); Industrial retail outlets; Industries; Landscape and garden supplies; Liquid fuel depots; Materials recycling or recovery centres; Mines; Mortuaries; Moveable dwellings; Nightclubs; Offensive storage establishments; Office premises; Passenger transport facilities; Public administration buildings; Registered clubs; Restricted premises; Restriction facilities; Retail premises (other than neighbourhood shops and other than kiosks, markets, restaurants or take away food and drink premises within recreation areas or operated in conjunction with recreation areas or recreation facilities); Roadside stalls; Rural industries; Rural workers’ dwellings; Sawmill or log processing works;
| State Environmental Planning Policy (Sydney Region Growth Centres) 2006 | 2007 No 642 |
| (Amendment No 1) |
| Amendments | Schedule 1 |
Service stations; Sewage treatment works; Sex services premises; Stock and sale yards; Storage premises; Timber and building supplies; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Vehicle sales or hire premises; Warehouse or distribution centres; Waste disposal land fill operations; Waste management facilities
| Zone B1 | Neighbourhood Centre |
1 Objectives of zone
| • | To provide a range of small-scale retail, business and community uses which serve the needs of people who live or work in the surrounding neighbourhood and, in relation to the Turner Road Precinct, of a scale and nature that serves the wider community. |
| • | To ensure the scale and type of business development is compatible with the amenity of surrounding areas. |
| • | To allow for residential development that contributes to the economic and social vitality of the neighbourhood centre. |
| • | To ensure that residential development does not preclude the provision of active retail, business and community uses at street level. |
| • | To ensure that residential development does not detract from the primary function of the zone which is to provide for retail, business and convenience uses to serve the community. |
| • | To promote retail activities in accessible locations that encourage walking. |
| • | To promote a sense of place and focal points for the local community. |
| • | To ensure retail development does not adversely impact on the viability of retail development in the Local Centre Zone. |
2 Permitted without consent
Nil
3 Permitted with consent
Any other development not specified in item 2 or 4
4 Prohibited
Agriculture; Airports; Airstrips; Biosolid waste applications; Bulky goods premises; Caravan parks; Cemeteries; Correctional centres; Crematoria; Dairies (pasture-based); Depots; Extractive industries; Farm buildings; Freight transport facilities; Hazardous storage
| 2007 No 642 | State Environmental Planning Policy (Sydney Region Growth Centres) 2006 (Amendment No 1) |
| Schedule 1 | Amendments |
establishments; Helipads; Heliports; Home occupations (sex services); Industrial retail outlets; Industries; Liquid fuel depots; Materials recycling or recovery centres; Mines; Moveable dwellings; Nightclubs; Offensive storage establishments; Passenger transport facilities; Recreation facilities (major); Residential flat buildings (other than as shop top housing); Restricted premises; Restriction facilities; Roadside stalls; Rural industries; Rural workers’ dwellings; Sawmill or log processing works; Seniors housing (other than as shop top housing); Sewage treatment works; Sex services premises; Stock and sale yards; Storage premises; Timber and building supplies; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle sales or hire premises; Warehouse or distribution centres; Waste disposal land fill operations; Waste management facilities; Wholesale supplies
| Zone B2 | Local Centre |
1 Objectives of zone
| • | To provide a range of retail, business, entertainment and community uses which serve the needs of people who live in, work in and visit the local area. |
| • | To encourage employment opportunities in accessible locations. |
| • | To maximise public transport patronage and encourage walking and cycling. |
| • | To ensure that residential development does not detract from the primary function of the centre being to provide for retail, business, entertainment and community uses. |
| • | To ensure that residential development does not preclude the provision of active uses at street level. |
| • | To provide for land uses of a higher order and density within the Local Centre Zone than are permitted within the Neighbourhood Centre Zone or the Mixed Use Zone. |
| • | To provide for residential development that contributes to the vitality of the local centre. |
2 Permitted without consent
Nil
3 Permitted with consent
Any other development not specified in item 2 or 4
| State Environmental Planning Policy (Sydney Region Growth Centres) 2006 | 2007 No 642 |
| (Amendment No 1) |
| Amendments | Schedule 1 |
4 Prohibited
Agriculture; Airports; Airstrips; Biosolid waste applications; Bulky goods premises; Caravan parks; Cemeteries; Correctional centres; Crematoria; Dairies (pasture-based); Depots; Dual occupancies; Dwelling houses; Extractive industries; Farm buildings; Freight transport facilities; Hazardous storage establishments; Helipads; Heliports; Home occupations (sex services); Industries; Liquid fuel depots; Materials recycling or recovery centres; Mines; Moveable dwellings; Offensive storage establishments; Restricted premises; Restriction facilities; Roadside stalls; Rural industries; Rural workers’ dwellings; Sawmill or log processing works; Sewage treatment works; Sex services premises; Stock and sale yards; Storage premises; Timber and building supplies; Transport depots; Truck depots; Vehicle body repair workshops; Warehouse or distribution centres; Waste disposal land fill operations; Waste management facilities; Wholesale supplies
| Zone B4 | Mixed Use |
1 Objectives of zone
| • | To provide a mixture of compatible land uses. |
| • | To integrate suitable business, office, residential, retail and other development in accessible locations so as to maximise public transport patronage and encourage walking and cycling. |
| • | To encourage development that supports or complements the primary office and retail functions of the Neighbourhood Centre Zone and the Local Centre Zone. |
| • | To encourage development providing services to the surrounding community. |
| • | To permit development that adds to the vitality and diversity of commercial and retail centres while not prejudicing their principal function. |
2 Permitted without consent
Nil
3 Permitted with consent
Any other development not specified in item 2 or 4
4 Prohibited
Agriculture; Airports; Airstrips; Biosolid waste applications; Bulky goods premises; Caravan parks; Correctional centres; Dairies (pasture-based); Depots; Dual occupancies; Dwelling houses; Extractive industries; Farm buildings; Freight transport facilities;
| 2007 No 642 | State Environmental Planning Policy (Sydney Region Growth Centres) 2006 (Amendment No 1) |
| Schedule 1 | Amendments |
Hazardous storage establishments; Helipads; Heliports; Home occupations (sex services); Industrial retail outlets; Industries; Liquid fuel depots; Materials recycling or recovery centres; Mines; Moveable dwellings; Offensive storage establishments; Public administration buildings; Restricted premises; Restriction facilities; Roadside stalls; Rural industries; Rural workers’ dwellings; Sawmill or log processing works; Semi detached dwellings; Sex services premises; Stock and sale yards; Storage premises; Transport depots; Truck depots; Warehouse or distribution centres; Waste disposal land fill operations; Waste management facilities; Wholesale supplies
| Zone B5 | Business development |
1 Objectives of zone
| • | To enable a mix of business and warehouse uses and specialised retail uses that require a large floor area, in locations that are close to, and that support the viability of, centres. |
| • | To provide for a wide range of employment generating development. |
| • | To provide for a mix of ancillary uses to support the primary function of providing employment generating development. |
| • | To maintain the economic strength of centres by limiting the retailing of food, clothing and convenience shopping. |
| • | To provide for a range of uses, including recreational uses and function centres, that complement other permissible employment generating land uses within the zone. |
2 Permitted without consent
Nil
3 Permitted with consent
Any other development not specified in item 2 or 4
4 Prohibited
Agriculture; Airports; Airstrips; Amusement centres; Attached dwellings; Biosolid waste applications; Boarding houses; Caravan parks; Correctional centres; Dairies (pasture-based); Depots; Dual occupancies; Dwelling houses; Extractive industries; Farm buildings; Freight transport facilities; Group homes; Hazardous storage establishments; Helipads; Heliports; Home occupations (sex services); Hostels; Liquid fuel depots; Materials recycling or recovery centres; Mines; Moveable dwellings; Multi dwelling housing; Nightclubs; Offensive storage establishments; Office premises; Residential flat
| State Environmental Planning Policy (Sydney Region Growth Centres) 2006 | 2007 No 642 |
| (Amendment No 1) |
| Amendments | Schedule 1 |
buildings; Restricted premises; Restriction facilities; Roadside stalls; Rural industries; Rural workers’ dwellings; Sawmill or log processing works; Semi detached dwellings; Seniors housing; Sex services premises; Shop top housing; Stock and sale yards; Storage premises; Tourist and visitor accommodation (other than hotel or motel accommodation); Transport depots; Truck depots; Warehouse or distribution centres; Waste disposal land fill operations; Waste management facilities; Wholesale supplies
Zone IN1 General Industrial
1 Objectives of zone
| • | To provide a wide range of industrial and warehouse land uses. |
| • | To encourage employment opportunities and to support the viability of centres. |
| • | To minimise any adverse effect of industry on other land uses. |
| • | To enable development for the purpose of commercial offices only where it is associated with, and ancillary to, another permissible use on the same land. |
| • | To enable development for the purpose of retail premises only where it serves convenience needs, or where the goods or materials sold are of a type and nature consistent with construction and maintenance of buildings. |
2 Permitted without consent
Nil
3 Permitted with consent
Any other development not otherwise specified in item 2 or 4
4 Prohibited
Agriculture; Airports; Airstrips; Attached dwellings; Biosolid waste applications; Boarding houses; Bulky goods premises; Business premises; Caravan parks; Cemeteries; Community facilities; Correctional centres; Dairies (pasture-based); Dual occupancies; Dwelling houses; Educational establishments; Entertainment facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Function centres; Group homes; Hazardous industries; Hazardous storage establishments; Health consulting rooms; Heavy industries; Helipads; Heliports; Home-based child care; Home businesses; Home industries; Home occupations; Home occupations (sex services); Hospitals; Hostels; Information and education facilities; Mines; Moveable dwellings; Multi dwelling housing; Nightclubs;
| 2007 No 642 | State Environmental Planning Policy (Sydney Region Growth Centres) 2006 (Amendment No 1) |
| Schedule 1 | Amendments |
Offensive industries; Offensive storage establishments; Office premises; Public administration buildings; Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Residential care facilities; Residential flat buildings; Restriction facilities; Retail premises (other than neighbourhood shops and take away food and drink premises); Roadside stalls; Rural industries; Rural workers’ dwellings; Sawmill or log processing works; Secondary dwellings; Semi detached dwellings; Seniors housing; Shop top housing; Stock and sale yards; Tourist and visitor accommodation; Vehicle sales or hire premises; Waste disposal land fill operations
Zone SP2 Infrastructure
1 Objectives of zone
| • | To provide for infrastructure and related uses. |
| • | To prevent development that is not compatible with or that may detract from the provision of infrastructure. |
2 Permitted without consent
Nil
3 Permitted with consent
The purpose shown on the Land Zoning Map, including any development that is ordinarily incidental or ancillary to development for that purpose; Demolition; Drainage; Earthworks; Electricity generating works; Environmental protection works; Flood mitigation works; Roads; Telecommunications facilities; Temporary structures; Water recycling facilities; Waterbodies (artificial)
4 Prohibited
Any other development not specified in item 2 or 3
Zone RE1 Public Recreation
1 Objectives of zone
| • | To enable land to be used for public open space or recreational purposes. |
| • | To provide a range of recreational settings and activities and compatible land uses. |
| • | To protect and enhance the natural environment for recreational purposes. |
| State Environmental Planning Policy (Sydney Region Growth Centres) 2006 | 2007 No 642 |
| (Amendment No 1) |
| Amendments | Schedule 1 |
2 Permitted without consent
Nil
3 Permitted with consent
Community facilities; Demolition; Drainage; Earthworks; Electricity generating works; Environmental facilities; Environmental protection works; Flood mitigation works; Kiosks; Recreation areas; Recreation facilities (outdoor); Roads; Telecommunications facilities; Temporary structures; Utility installations; Water recycling facilities; Waterbodies
4 Prohibited
Any other development not specified in item 2 or 3
Zone RE2 Private Recreation
1 Objectives of zone
| • | To enable land to be used for private open space or recreational purposes. |
| • | To provide a range of recreational settings and activities and compatible land uses. |
| • | To protect and enhance the natural environment for recreational purposes. |
| • | To preserve and maintain the natural values of core riparian areas and to allow development where it can be demonstrated that the development will not destroy, damage or have any other adverse effect on those values. |
| • | To ensure that residential development does not have an adverse effect on those values. |
2 Permitted without consent
Nil
3 Permitted with consent
Community facilities; Demolition; Drainage; Earthworks; Electricity generating works; Environmental facilities; Environmental protection works; Flood mitigation works; Kiosks; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Roads;
|
installations; Water recycling facilities; Waterbodies
4 Prohibited
Any other development not specified in item 2 or 3
| 2007 No 642 | State Environmental Planning Policy (Sydney Region Growth Centres) 2006 (Amendment No 1) |
| Schedule 1 | Amendments |
| Zone E4 | Environmental Living |
1 Objectives of zone
| • | To provide for low-impact residential development in areas with special ecological, scientific or aesthetic values. |
| • | To ensure that residential development does not have an adverse effect on those values. |
| • | To preserve and maintain the natural values of core riparian areas and to allow development where it can be demonstrated that the development will not destroy, damage or have any other adverse effect on those values. |
| • | To ensure that flood prone land is used in a manner appropriate to its environmental characteristics. |
2 Permitted without consent
Nil
3 Permitted with consent
Bed and breakfast accommodation; Demolition; Drainage; Dwelling houses; Earthworks; Electricity generating works; Environmental facilities; Environmental protection works; Exhibition homes; Exhibition villages; Flood mitigation works; Group homes; Health consulting rooms; Home businesses; Home industries; Horticulture; Recreation areas; Recreation facilities (outdoor); Roads; Telecommunications facilities; Temporary structures; Water recreation structures; Water recycling facilities; Waterbodies (artificial)
4 Prohibited
Any other development not otherwise specified in item 2 or 3
| Part 3 | Exempt and complying development |
16 Exempt development
|
| State Environmental Planning Policy (Sydney Region Growth Centres) 2006 | 2007 No 642 |
| (Amendment No 1) |
| Amendments | Schedule 1 |
17 Complying development
|
| (a) | it is local development of a kind that can be carried out with consent on the land on which it is proposed, and |
| (b) | it is not an existing use, as defined in section 106 of the Act. |
| (2) | Development is complying development only if it complies with the development standards and other requirements applied to the development by this Part and by the Oran Park Precinct Development Control Plan or the Turner Road Precinct Development Control Plan. |
| (3) | A complying development certificate issued for any complying development is to be subject to the conditions for the development specified in the Oran Park Precinct Development Control Plan or the Turner Road Precinct Development Control Plan. |
18 Environmentally sensitive areas excluded
|
| (a) | the coastal waters of the State, |
| (b) | a coastal lake, |
| (c) | land to which State Environmental Planning Policy No 14—Coastal Wetlands or State Environmental Planning Policy No 26—Littoral Rainforests applies, |
| (d) | land reserved as an aquatic reserve under the Fisheries Management Act 1994 or as a marine park under the Marine Parks Act 1997, |
| (e) | land within a wetland of international significance declared under the Ramsar Convention on Wetlands or within a World heritage area declared under the World Heritage Convention, |
| (f) | land within 100 metres of land to which paragraph (c), (d) or (e) applies, |
| 2007 No 642 | State Environmental Planning Policy (Sydney Region Growth Centres) 2006 (Amendment No 1) |
| Schedule 1 | Amendments |
| (g) | land identified in this or any other environmental planning instrument as being of high Aboriginal cultural significance or high biodiversity significance, |
| (h) | land reserved as a state conservation area under the National Parks and Wildlife Act 1974, |
(i) land reserved or dedicated under the Crown Lands Act 1989 for the preservation of flora, fauna, geological formations or for other environmental protection purposes,
| (j) | land identified as being critical habitat under the Threatened Species Conservation Act 1995 or Part 7A of the Fisheries Management Act 1994, | |||
| (k) | land within the curtilage of a heritage item: | |||
|
| Part 4 | Principal development standards |
19 Minimum subdivision lot size
|
| (a) | to ensure that the minimum size for lots is sufficient for the provision of usable areas for building and open space, |
| (b) | to facilitate and encourage a range of residential lot types, in particular, small lot housing, |
| (c) | to encourage the efficient use of land for residential purposes. |
| (2) | This clause applies to a subdivision of any land shown on the Lot Size Map that requires development consent and that is carried out after the commencement of this Precinct Plan. |
| (3) | The size of any lot resulting from any such subdivision of land to which this clause applies is not to be less than the minimum size shown on the Lot Size Map in relation to that land. |
| (4) | This clause does not apply in relation to the subdivision of individual lots in a strata plan. |
| 19A | Minimum lot sizes for other development | |
|
| State Environmental Planning Policy (Sydney Region Growth Centres) 2006 | 2007 No 642 |
| (Amendment No 1) |
| Amendments | Schedule 1 |
B1 Neighbourhood Centre, Zone B2 Local Centre or Zone B4 Mixed Use for any of the following purposes if the area of the lot is less than the area specified below in relation to those purposes:
| (a) | dwelling house—250m2, |
| (b) | dual occupancy—600m2, |
| (c) | multi dwelling housing—125m2, |
| (d) | residential flat building—1,000m2. |
| (2) | Development must not be carried out on a lot within Zone E4 |
| Environmental Living for the purposes of a dwelling house if the | |
| area of the lot is less than 1,000m2. |
| 19B | Residential density—Oran Park Precinct | |||
|
| (a) | a development control plan has been prepared providing for not less than 7,540 new dwellings within the Precinct and containing provisions to encourage a mix of dwelling types to be provided, and |
| (b) | the granting of consent would not preclude or impede that number of dwellings within the Precinct. |
| 19C | Residential density—Turner Road Precinct | |||
|
| (a) | a development control plan has been prepared providing for not less than 4,020 new dwellings within the Precinct and containing provisions to encourage a mix of dwelling types to be provided, and |
| (b) | the granting of consent would not preclude or impede that number of dwellings within the Precinct. |
| 2007 No 642 | State Environmental Planning Policy (Sydney Region Growth Centres) 2006 (Amendment No 1) |
| Schedule 1 | Amendments |
| 19D | Bulky goods premises |
The total area used for the purposes of bulky goods premises on
all land within Zone B5 Business Development must not exceed
40,000m2.
| 19E | Retail premises—Turner Road Precinct | |||
|
| Development in the Turner Road Precinct must not exceed | 500m2. |
21 Height of buildings
|
| (a) | to preserve the amenity of adjoining development in terms of solar access to dwellings, private open space and bulk and scale, |
| (b) | to provide for a range of residential building heights in appropriate locations that provide a high quality urban form, |
| (c) | to facilitate higher density neighbourhood and town centres while minimising impacts on adjacent residential areas, |
| (d) | to provide appropriate height controls for commercial and industrial development. |
| (2) | Except as provided by this clause, the height of a building on any land is not to exceed the maximum height shown for the land on the Height of Buildings Map. |
| (3) | If the Height of Buildings Map specifies, in relation to any land shown on that map, a Reduced Level for any building on that land, any such building is not to exceed that specified Reduced Level. |
| (4) | The consent authority may grant development consent for development for the purpose of attached housing, a dwelling house, dual occupancy, multi dwelling housing or a semi-detached dwelling on land within Zone R1 General Residential or Zone R3 Medium Density Residential, or a dwelling house within Zone E4 Environmental Living, that |
| State Environmental Planning Policy (Sydney Region Growth Centres) 2006 | 2007 No 642 |
| (Amendment No 1) |
| Amendments | Schedule 1 |
exceeds 9.5m in height above finished ground level, if the
consent authority is satisfied that the development:
| (a) | is located: | |||
| ||||
| ||||
| (b) | is not likely to have an adverse impact on the existing or future amenity of any adjoining land on which residential development is permitted, having regard to over shadowing, visual impact and any impact on privacy. |
| (5) | The consent authority may grant development consent for development on land within Zone B5 Business Development or Zone IN1 General Industrial, that does not exceed 15 metres in height above finished ground level, if the land has frontage to Badgally Road, Camden Valley Way, the Northern Road or East West Road (as shown in the Oran Park Precinct Development Control Plan or the Turner Road Precinct Development Control Plan), or to land within Zone RE1 Public Recreation or Zone RE2 Private Recreation. |
24 Exceptions to development standards
|
| (a) | to provide an appropriate degree of flexibility in applying certain development standards to particular development, and |
| (b) | to achieve better outcomes for and from development by allowing flexibility in particular circumstances. |
| (2) | Consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this clause does not apply to a development standard that is expressly excluded from the operation of this clause. |
| (3) | Consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating: |
| 2007 No 642 | State Environmental Planning Policy (Sydney Region Growth Centres) 2006 (Amendment No 1) |
| Schedule 1 | Amendments |
| (a) | that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and |
| (b) | that there are sufficient environmental planning grounds to justify contravening the development standard. |
| (4) | Consent must not be granted for development that contravenes a development standard unless: | |
|
(i) the applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3), and
(ii) the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out, and
| (b) | the concurrence of the Director-General has been obtained. |
| (5) | In deciding whether to grant concurrence, the Director-General must consider: | |||||
| ||||||
| (6) | Consent must not be granted under this clause for a subdivision of land within Zone E4 Environmental Living if: | |||||
| ||||||
| (7) | After determining a development application made pursuant to this clause, the consent authority must keep a record of its assessment of the factors required to be addressed in the applicant’s written request referred to in subclause (3). | |||||
| (8) | This clause does not allow consent to be granted for development that would contravene any of the following: |
| State Environmental Planning Policy (Sydney Region Growth Centres) 2006 | 2007 No 642 |
| (Amendment No 1) |
| Amendments | Schedule 1 |
| (a) | a development standard for complying development, |
| (b) | a development standard that arises, under the regulations under the Act, in connection with a commitment set out in a BASIX certificate for a building to which State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 applies or for the land on which such a building is situated listed in the table to this clause, |
| (c) | a development standard listed in the table to this clause. |
Note. At the time this Precinct Plan was made, no exclusions were listed in a table to this clause.
| Part 5 | Miscellaneous provisions |
25 Relevant acquisition authority
|
Note. If the landholder will suffer hardship if there is any delay in the land being acquired by the relevant authority, section 23 of the Land Acquisition (Just Terms Compensation) Act 1991 requires the authority to acquire the land.
| (2) | The authority of the State that will be the relevant authority to acquire land, if the land is required to be acquired under the owner-initiated acquisition provisions, is the authority of the State specified below in relation to the land shown on the Land Reservation Acquisition Map (or, if an authority of the State is not specified in relation to land required to be so acquired, the authority designated or determined under those provisions). | |
| Type of land shown on Map Authority of the State | ||
| ||
| (3) | Development on land acquired by an authority of the State under the owner-initiated acquisition provisions may, before it is used for the purpose for which it is reserved, be carried out, with development consent, for any purpose. |
| 2007 No 642 | State Environmental Planning Policy (Sydney Region Growth Centres) 2006 (Amendment No 1) |
| Schedule 1 | Amendments |
27 Classification and reclassification of public land
|
Note. Under the Local Government Act 1993, “public land” is generally land vested in or under the control of a council (other than roads, Crown reserves and commons). The classification or reclassification of public land may also be made by a resolution of the Council under section 31, 32 or 33 of the Local Government Act 1993. Section 30 of that Act enables this Precinct Plan to discharge trusts on which public reserves are held if the land is reclassified under this Precinct Plan as operational land.
| (2) | The public land described in Part 1 or Part 2 of Schedule 4 is classified, or reclassified, as operational land for the purposes of the Local Government Act 1993. | |||||
| (3) | The public land described in Part 3 of Schedule 4 is classified, or reclassified, as community land for the purposes of the Local Government Act 1993. | |||||
| (4) | The public land described in Part 1 of Schedule 4: | |||||
| ||||||
| (5) | The public land described in Part 2 of Schedule 4, to the extent (if any) that it is a public reserve, ceases to be a public reserve when the description of the land is inserted into that Part and is discharged from all trusts, estates, interests, dedications, conditions, restrictions and covenants affecting the land or any part of the land, except: | |||||
| ||||||
| Note. In accordance with section 30 (2) of the Local Government Act 1993, the approval of the Governor to subclause (5) applying to the public land concerned is required before the description of the land is inserted in Part 2 of Schedule 4. |
| State Environmental Planning Policy (Sydney Region Growth Centres) 2006 | 2007 No 642 |
| (Amendment No 1) |
| Amendments | Schedule 1 |
28 Development near zone boundaries
|
| (a) | land zoned RE1 Public Recreation or E4 Environmental Living, or |
| (b) | land within the coastal zone, or |
| (c) | land proposed to be developed for the purpose of sex services or restricted premises. |
| (4) | Despite the provisions of this Precinct Plan relating to the purposes for which development may be carried out, consent may be granted to development of land to which this clause applies for any purpose that may be carried out in the adjoining zone, but only if the consent authority is satisfied that: | |||
| ||||
| (5) | The clause does not prescribe a development standard that may be varied under this Precinct Plan. |
| 28AA | Controls relating to miscellaneous permissible uses | |
| (1) If development for the purposes of bed and breakfast accommodation is permitted under this Precinct Plan, the accommodation that is provided to guests must consist of no more than 3 bedrooms. | ||
|
| 2007 No 642 | State Environmental Planning Policy (Sydney Region Growth Centres) 2006 (Amendment No 1) |
| Schedule 1 | Amendments |
| (3) | If development for the purposes of a home industry is permitted under this Precinct Plan, the carrying out of the business must notinvolve the use of more than 50m2 of floor space. | |||
| (4) | If development for the purposes of an industrial retail outlet is permitted under this Precinct Plan, the gross floor area of the outlet must not exceed: | |||
| ||||
| whichever is the lesser. | ||||
| (5) | If development for the purposes of farm stay accommodation is permitted under this Precinct Plan, the accommodation that is provided to guests must consist of no more than 3 bedrooms. | |||
| (6) | If development for the purposes of a kiosk is permitted under this Precinct Plan, the gross floor area must not exceed 20m2. | |||
| (7) | If development for the purposes of a neighbourhood shop is | |||
| ||||
| (8) | If development for the purposes of a roadside stall is permitted | |||
| under this Precinct Plan, the gross floor area must not exceed | ||||
| 20m2. |
29 Community use of educational establishments
|
30 Classified roads
|
| (a) | to ensure that new development does not compromise the effective and ongoing operation and function of classified roads (within the meaning of the Roads Act 1993), and |
| State Environmental Planning Policy (Sydney Region Growth Centres) 2006 | 2007 No 642 |
| (Amendment No 1) |
| Amendments | Schedule 1 |
| (b) | to prevent or reduce the potential impact of traffic noise and vehicle emission on development adjacent to classified roads. |
| (2) | Consent must not be granted to the development of land that has a frontage to a classified road unless the consent authority is satisfied that: | |||
|
(i) the design of the vehicular access to the land, or
(ii) the emission of smoke or dust from the proposed development, or
(iii) the nature, volume or frequency of vehicles using the classified road to gain access to the land, and
| (c) | the development is of a type that is not sensitive to traffic noise or vehicle emissions, or is appropriately located and designed, or includes measures, to ameliorate potential traffic noise or vehicle emissions within the site of the proposed development. |
| 33AA | Conversion of fire alarms | |||
|
| (a) | converting a fire alarm system from connection with the alarm monitoring system of New South Wales Fire Brigades to connection with the alarm monitoring system of a private service provider, |
| (b) | converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with the alarm monitoring system of another private service provider, |
| (c) | converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with a different alarm monitoring system of the same private service provider. |
| 2007 No 642 | State Environmental Planning Policy (Sydney Region Growth Centres) 2006 (Amendment No 1) |
| Schedule 1 | Amendments |
| (3) | Development to which subclause (2) applies is complying development if it consists only of: | |||
| ||||
| (4) | A complying development certificate for any such complying development is subject to a condition that any building work may only be carried out between 7.00 am and 6.00 pm on Monday to Friday and between 7.00 am and 5.00 pm on Saturday, and must not be carried out on a Sunday or a public holiday. | |||
| (5) | In this clause: private service provider means a person or body that has entered into an agreement that is in force with New South Wales Fire Brigades to monitor fire alarm systems. |
34 Preservation of trees or vegetation
|
Note. A development control plan may prescribe the trees or other vegetation to which this clause applies by reference to species, size, location or other manner.
| (3) | The clause does not apply to native vegetation to which clause 23 of this State Environmental Planning Policy applies. | |||
| (4) | A person must not ringbark, cut down, top, lop, remove, injure or wilfully destroy any tree or other vegetation to which any such development control plan applies without the authority conferred by: | |||
| ||||
| (5) | The refusal by the Council to grant a permit to a person who has duly applied for the grant of the permit is taken for the purposes of the Act to be a refusal by the Council to grant consent for the carrying out of the activity for which a permit was sought. |
| State Environmental Planning Policy (Sydney Region Growth Centres) 2006 | 2007 No 642 |
| (Amendment No 1) |
| Amendments | Schedule 1 |
| (6) | This clause does not apply to a tree or other vegetation that the Council is satisfied is dying or dead and is not required as the habitat of native fauna. | |||||||||
| (7) | This clause does not apply to a tree or other vegetation that the Council is satisfied is a risk to human life or property. | |||||||||
| (8) | A permit under this clause cannot allow any ringbarking, cutting down, topping, lopping, removal, injuring or destruction of a tree or other vegetation: | |||||||||
| ||||||||||
| Note. As a consequence of this subclause, the activities concerned will require development consent. The heritage provisions of clause 35 will be applicable to any such consent. | ||||||||||
| (9) | This clause does not apply to or in respect of: | |||||||||
|
| 35 | Heritage conservation |
any) are shown on the Heritage Map. The location and nature of any such item, area or site is also described in Schedule 5 to this Precinct Plan.
|
The objectives of this clause are:
| (a) | to conserve the environmental heritage of the Oran Park Precinct and the Turner Road Precinct, and |
| 2007 No 642 | State Environmental Planning Policy (Sydney Region Growth Centres) 2006 (Amendment No 1) |
| Schedule 1 | Amendments |
| (b) | to conserve the heritage significance of heritage items and heritage conservation areas including associated fabric, settings and views, and |
| (c) | to conserve archaeological sites, and |
| (d) | to conserve places of Aboriginal heritage significance. |
| (2) | Requirement for consent | |||||||||||||
| Development consent is required for any of the following: | ||||||||||||||
| ||||||||||||||
| (3) | When consent not required | |||||||||||||
| However, consent under this clause is not required if: | ||||||||||||||
|
(i) is of a minor nature, or is for the maintenance of the heritage item, archaeological site, or a building, work, relic, tree or place within a heritage conservation area, and
(ii) would not adversely affect the significance of the heritage item, archaeological site or heritage conservation area, or
| State Environmental Planning Policy (Sydney Region Growth Centres) 2006 | 2007 No 642 |
| (Amendment No 1) |
| Amendments | Schedule 1 |
| (b) | the development is in a cemetery or burial ground and the proposed development: | |||
| ||||
| (c) | the development is limited to the removal of a tree or other vegetation that the Council is satisfied is a risk to human life or property, or | |||
| (d) | the development is exempt development. |
| (3AA) | Effect on heritage significance |
| The consent authority must, before granting consent under this clause, consider the effect of the proposed development on the heritage significance of the heritage item or heritage conservation area concerned. This subclause applies regardless of whether a heritage impact statement is prepared under subclause (4) or a heritage conservation management plan is submitted under subclause (5). |
| (4) | Heritage impact assessment | |||||
| The consent authority may, before granting consent to any development on land: | ||||||
| ||||||
| require a heritage impact statement to be prepared that assesses the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item or heritage conservation area concerned. | ||||||
| (5) | Heritage conservation management plans | |||||
| The consent authority may require, after considering the significance of a heritage item and the extent of change proposed to it, the submission of a heritage conservation management plan before granting consent under this clause. |
| 2007 No 642 | State Environmental Planning Policy (Sydney Region Growth Centres) 2006 (Amendment No 1) |
| Schedule 1 | Amendments |
| (6) | Archaeological sites | |||
| The consent authority must, before granting consent under this clause to the carrying out of development on an archaeological site (other than land listed on the State Heritage Register under the Heritage Act 1977 or to which an interim heritage order applies): | ||||
| ||||
| (7) | Places of Aboriginal heritage significance | |||
| The consent authority must, before granting consent under this clause to the carrying out of development in a place of Aboriginal heritage significance: | ||||
| ||||
| (8) | Demolition of item of State significance | |||
| The consent authority must, before granting consent for the demolition of a heritage item identified in Schedule 5 as being of State significance (other than an item listed on the State Heritage Register or to which an interim heritage order under the Heritage Act 1977 applies): | ||||
| ||||
| (9) | Conservation incentives | |||
| The consent authority may grant development consent to development for any purpose of a building that is a heritage item, or of the land on which such a building is erected, even though development for that purpose would otherwise not be allowed by this Precinct Plan if the consent authority is satisfied that: | ||||
|
| State Environmental Planning Policy (Sydney Region Growth Centres) 2006 | 2007 No 642 |
| (Amendment No 1) |
| Amendments | Schedule 1 |
| (b) | the proposed development is in accordance with a heritage conservation management plan that has been approved by the consent authority, and |
| (c) | the consent to the proposed development would require that all necessary conservation work identified in the heritage conservation management plan is carried out, and |
| (d) | the proposed development would not adversely affect the heritage significance of the heritage item, including its setting, and |
| (e) | the proposed development would not have any significant adverse effect on the amenity of the surrounding area. |
materials recycling or recovery centre means a building or place used for the recycling or recovery of resource materials (excluding sludge-like material) from waste materials, and that involves separating and sorting, processing (such as baling, crushing, shredding and composting), transferring and the sale of recycled or recovered material, but that does not involve the re-manufacture, chemical manufacture or incineration of the material.
mean high water mark means the position where the plane of the mean high water level of all ordinary local high tides intersects the foreshore, being 1.44m above the zero of Fort Denison Tide Gauge and 0.515m Australian Height Datum.
medical centre means business premises used for the purpose of providing health services (including preventative care, diagnosis, medical or surgical treatment, counselling or alternative therapies) to out-patients only, where such services are principally provided by health care professionals, and may include the ancillary provision of other health services.
mezzanine means an intermediate floor within a room.
| 2007 No 642 | State Environmental Planning Policy (Sydney Region Growth Centres) 2006 (Amendment No 1) |
| Schedule 1 | Amendments |
mine means any place (including any excavation) where an operation is carried on for mining of any mineral by any method and any place on which any mining related work is carried out, but does not include a place used only for extractive industry.
mining means mining carried out under the Mining Act 1992 or the recovery of minerals under the Offshore Minerals Act 1999, and includes:
| (a) | the construction, operation and decommissioning of associated works, and |
| (b) | the rehabilitation of land affected by mining. |
mixed use development means a building or place comprising 2 or more
different land uses.
mooring means a detached or freestanding apparatus located on or in a
waterway and that is capable of securing a vessel.
mortuary means premises that are used, or intended to be used, for the
receiving, preparation, embalming and storage of bodies of deceased
persons pending their interment or cremation.
moveable dwelling has the same meaning as in the Local Government
Act 1993.
Note. The term is defined as follows: moveable dwelling means:
| (a) | any tent, or any caravan or other van or other portable device (whether on wheels or not), used for human habitation, or |
| (b) | a manufactured home, or |
| (c) | any conveyance, structure or thing of a class or description prescribed by the regulations (under the Local Government Act 1993) for the purposes of this definition. |
multi dwelling housing means 3 or more dwellings (whether attached or detached) on one lot of land, each with access at ground level, but does not include a residential flat building.
native fauna means any animal-life that is indigenous to New South Wales or is known to periodically or occasionally migrate to New South Wales, whether vertebrate (including fish) or invertebrate and in any stage of biological development, but does not include humans.
native vegetation has the same meaning as in the Native Vegetation Act
2003.
Note. The term is defined as follows:
Meaning of “native vegetation”
| (1) | Native vegetation means any of the following types of indigenous vegetation: | |||
|
| State Environmental Planning Policy (Sydney Region Growth Centres) 2006 | 2007 No 642 |
| (Amendment No 1) |
| Amendments | Schedule 1 |
| (c) | groundcover (being any type of herbaceous vegetation), |
| (d) | plants occurring in a wetland. |
| (2) | Vegetation is indigenous if it is of a species of vegetation, or if it comprises species of vegetation, that existed in the State before European settlement. |
| (3) | Native vegetation does not include any mangroves, seagrasses or any other type of marine vegetation to which section 205 of the Fisheries Management Act 1994 applies. |
natural water-based aquaculture means aquaculture undertaken in natural waterbodies (including any part of the aquaculture undertaken in tanks, ponds or other facilities such as during hatchery or depuration phases).
Note. Typical natural water-based aquaculture is fish culture in cages and oyster, mussel or scallop culture on or in rocks, lines or cages.
neighbourhood shop means retail premises used for the purpose of selling small daily convenience goods such as foodstuffs, personal care products, newspapers and the like to provide for the day-to-day needs of people who live or work in the local area, and may include ancillary services such as a post office, bank or dry cleaning, but does not include restricted premises.
nightclub means premises specified in a nightclub licence under the
Liquor Act 1982.
NSW Coastal Policy means the publication entitled NSW Coastal
Policy 1997: A Sustainable Future for New South Wales, published by
the Government.
offensive industry means any development for the purpose of an
industry that would, when the development is in operation and when all
measures proposed to reduce or minimise its impact on the locality have
been employed (including, for example, measures to isolate the
development from existing or likely future development on other land
in the locality), emit a polluting discharge (including, for example,
noise) in a manner that would have a significant adverse impact in the
locality or on the existing or likely future development on other land in
the locality.
offensive storage establishment means any establishment where goods,
materials or products are stored and that would, when all measures
proposed to reduce or minimise its impact on the locality have been
employed (including, for example, measures to isolate the
establishment from existing or likely future development on other land
in the locality), emit a polluting discharge (including, for example,
noise) in a manner that would have a significant adverse impact in the
locality or on the existing or likely future development on other land in
the locality.
| 2007 No 642 | State Environmental Planning Policy (Sydney Region Growth Centres) 2006 (Amendment No 1) |
| Schedule 1 | Amendments |
office premises means a building or place used for the purpose of administrative, clerical, technical, professional or similar activities that do not include dealing with members of the public at the building or place on a direct and regular basis, except where such dealing is a minor activity (by appointment) that is ancillary to the main purpose for which the building or place is used.
operational land has the same meaning as in the Local Government Act
1993.
Oran Park Precinct Development Control Plan means the Oran Park
Precinct Development Control Plan made by the Director-General on
4 December 2007.
Oran Park Precinct means the land shown within the Oran Park
Precinct on the South West Growth Centre Precinct Boundary Map.
passenger transport facility means a building or place used for the
assembly or dispersal of passengers by any form of transport, including
facilities required for parking, manoeuvring, storage or routine
servicing of any vehicle that uses the building or place.
place of Aboriginal heritage significance means an area of land shown
on the Heritage Map that is:
| (a) | the site of one or more Aboriginal objects or a place that has the physical remains of pre-European occupation by, or is of contemporary significance to, the Aboriginal people. It can (but need not) include items and remnants of the occupation of the land by Aboriginal people, such as burial places, engraving sites, rock art, midden deposits, scarred and sacred trees and sharpening grooves, or |
| (b) | a natural Aboriginal sacred site or other sacred feature. It includes natural features such as creeks or mountains of long-standing cultural significance, as well as initiation, ceremonial or story places or areas of more contemporary cultural significance. |
place of public entertainment has the same meaning as in the Act.
Note. The term is defined as follows: place of public entertainment means:
| (a) | any theatre or cinema (including a drive-in or open-air theatre or cinema) that is used or intended to be used for the purpose of providing public entertainment, or |
| (b) | any premises the subject of a licence under the Liquor Act 1982 or a certificate of registration under the Registered Clubs Act 1976, that are used or intended to be used for the purpose of providing public entertainment, including public entertainment, but not including amusement provided by means of an approved gaming machine within the meaning of the Gaming Machines Act 2001, or |
| (c) | any public hall that is used or intended to be used for the purpose of providing public entertainment. |
| State Environmental Planning Policy (Sydney Region Growth Centres) 2006 | 2007 No 642 |
| (Amendment No 1) |
| Amendments | Schedule 1 |
place of public worship means a building or place used for the purpose of religious worship by a congregation or religious group, whether or not the building or place is also used for counselling, social events, instruction or religious training.
pond-based aquaculture means aquaculture undertaken in structures that are constructed by excavating and reshaping earth, which may be earthen or lined, and includes any part of the aquaculture undertaken in tanks, such as during the hatchery or pre-market conditioning phases, but does not include natural water-based aquaculture.
Note. Typical pond-based aquaculture is the pond culture of prawns, yabbies or silver perch.
Precinct Land Zoning Map means the South West Growth Centre Land
Zoning Map.
Precinct Plan means an Appendix to this Policy.
property vegetation plan has the same meaning as in the Native
Vegetation Act 2003.
Note. The term is defined as follows:
property vegetation plan means a property vegetation plan that has been
approved under Part 4 of the Native Vegetation Act 2003.
pub means licensed premises under the Liquor Act 1982 the principal purpose of which is the sale of liquor for consumption on the premises, whether or not the premises include hotel or motel accommodation and whether or not food is sold on the premises.
public administration building means a building used as offices or for administrative or other like purposes by the Crown, a statutory body, a council or an organisation established for public purposes, and includes a courthouse or a police station.
public authority has the same meaning as in the Act.
public entertainment has the same meaning as in the Act.
Note. The term is defined as follows:
public entertainment means entertainment to which admission may ordinarily
be gained by members of the public on payment of money or other
consideration:
| (a) | whether or not some (but not all) persons are admitted free of charge, and |
| (b) | whether or not the money or other consideration is demanded: |
(i) as a charge for a meal or other refreshment before admission is granted, or
(ii) as a charge for the entertainment after admission is granted.
| 2007 No 642 | State Environmental Planning Policy (Sydney Region Growth Centres) 2006 (Amendment No 1) |
| Schedule 1 | Amendments |
public land has the same meaning as in the Local Government Act 1993.
Note. The term is defined as follows:
public land means any land (including a public reserve) vested in or under the
control of the council, but does not include:
| (a) | a public road, or |
| (b) | land to which the Crown Lands Act 1989 applies, or |
| (c) | a common, or |
| (d) | land subject to the Trustees of Schools of Arts Enabling Act 1902, or |
| (e) | a regional park under the National Parks and Wildlife Act 1974. |
public reserve Local Government Act any Commonwealth or State Act:
has the same meaning as in the
1993.
public utility undertaking means any of the following undertakings
carried on or permitted to be carried on by or by authority of any
| (a) | railway, road transport, water transport, air transport, wharf or river undertakings, |
| (b) | undertakings for the supply of water, hydraulic power, electricity or gas or the provision of sewerage or drainage services, |
and a reference to a person carrying on a public utility undertaking includes a reference to a council, electricity supply authority, Government Department, corporation, firm or authority carrying on the undertaking.
recreation area means a place used for outdoor recreation that is
normally open to the public, and includes:
| (a) | a children’s playground, or |
| (b) | an area used for community sporting activities, or |
| (c) | a public park, reserve or garden or the like, |
and any ancillary buildings, but does not include a recreation facility
(indoor), recreation facility (major) or recreation facility (outdoor).
recreation facility (indoor) means a building or place used
predominantly for indoor recreation, whether or not operated for the
purposes of gain, including a squash court, indoor swimming pool,
gymnasium, table tennis centre, health studio, bowling alley, ice rink or
any other building or place of a like character used for indoor recreation,
but does not include an entertainment facility, a recreation facility
(major) or a registered club.
recreation facility (major) means a building or place used for
large-scale sporting or recreation activities that are attended by large
numbers of people whether regularly or periodically, and includes
sports stadiums, showgrounds, racecourses and motor racing tracks.
| State Environmental Planning Policy (Sydney Region Growth Centres) 2006 | 2007 No 642 |
| (Amendment No 1) |
| Amendments | Schedule 1 |
recreation facility (outdoor) means a building or place (other than a recreation area) used predominantly for outdoor recreation, whether or not operated for the purposes of gain, including a golf course, golf driving range, mini-golf centre, tennis court, paint-ball centre, lawn bowling green, outdoor swimming pool, equestrian centre, skate board ramp, go-kart track, rifle range, water-ski centre or any other building or place of a like character used for outdoor recreation (including any ancillary buildings), but does not include an entertainment facility or a recreation facility (major).
Reduced Level (RL) means height above the Australian Height Datum, being the datum surface approximating mean sea level that was adopted by the National Mapping Council of Australia in May 1971.
registered club means a club in respect of which a certificate of
registration under the Registered Clubs Act 1976 is in force.
relic means any deposit, object or other material evidence of human
habitation:
| (a) | that relates to the settlement of the area of Camden City, not being Aboriginal settlement, and |
| (b) | that is more than 50 years old, and |
| (c) | that is a fixture or is wholly or partly within the ground. |
residential accommodation means a building or place used predominantly as a place of residence, but does not include tourist and visitor accommodation.
residential care facility means accommodation for seniors (people aged
55 years or more) or people with a disability that includes:
| (a) | meals and cleaning services, and |
| (b) | personal care or nursing care, or both, and |
| (c) | appropriate staffing, furniture, furnishings and equipment for the provision of that accommodation and care, |
not being a dwelling, hospital or psychiatric facility.
residential flat building means a building containing 3 or more
dwellings, but does not include an attached dwelling or multi dwelling
housing.
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 and that may also provide takeaway meals and beverages.
Riparian Protection Area Map means the South West Growth Centre
Riparian Protection Area Map.
| 2007 No 642 | State Environmental Planning Policy (Sydney Region Growth Centres) 2006 (Amendment No 1) |
| Schedule 1 | Amendments |
restricted dairy means a dairy (other than a dairy (pasture-based)) where restriction facilities are present in addition to milking sheds and holding yards, and where cattle have access to grazing for less than 10 hours in any 24 hour period (excluding during periods of drought or similar emergency relief). A restricted dairy may comprise the whole or part of a restriction facility.
restricted premises means business premises or retail premises that, due to their nature, restrict access to patrons or customers over 18 years of age, and includes sex shops and similar premises but does not include hotel or motel accommodation, a pub, home occupation (sex services) or sex services premises.
restriction facilities means facilities where animals are constrained for management purposes, including milking sheds, pads, feed stalls, holding yards and paddocks where the number of livestock exceeds the ability of vegetation to recover from the effects of grazing in a normal growing season, but does not include facilities for drought or similar emergency relief.
retail premises means a building or place used for the purpose of selling items by retail, or for hiring or displaying items for the purpose of selling them by retail or hiring them out, whether the items are goods or materials (or whether also sold by wholesale).
road means a public road or a private road within the meaning of the
Roads Act 1993, and includes a classified road.
roadside stall means a place or temporary structure used for retail
selling of agricultural produce or hand crafted goods (or both) produced
from the property on which the stall is situated or from an adjacent
property.
rural industry means an industry that involves the handling, treating,
production, processing or packing of animal or plant agricultural
products, and includes:
| (a) | agricultural produce industry, or |
| (b) | livestock processing industry, or |
| (c) | use of composting facilities and works (including to produce mushroom substrate), or |
| (d) | use of sawmill or log processing works, or |
| (e) | use of stock and sale yards, or |
| (f) | the regular servicing or repairing of plant or equipment used for the purposes of a rural enterprise, |
undertaken for commercial purposes.
| State Environmental Planning Policy (Sydney Region Growth Centres) 2006 | 2007 No 642 |
| (Amendment No 1) |
| Amendments | Schedule 1 |
rural supplies means a building or place used for the display, sale (whether by retail or wholesale) or hire of stockfeeds, grains, seed, fertilizers, veterinary supplies and other goods or materials used in farming and primary industry production.
rural worker’s dwelling means a dwelling, ancillary to a dwelling house on the same landholding, used as the principal place of residence by persons employed for the purpose of agriculture or a rural industry on that land.
sawmill or log processing works means a building or place used for handling, cutting, chipping, pulping or otherwise processing logs, baulks, branches or stumps, principally derived from surrounding districts, into timber or other products derived from wood.
school means a government school or non-government school within
the meaning of the Education Act 1990.
semi-detached dwelling means a dwelling that is on its own separate lot
of land and is attached to only one other dwelling.
seniors housing means residential accommodation that consists of:
| (a) | a residential care facility, or |
| (b) | a hostel, or |
| (c) | a group of self-contained dwellings, or |
| (d) | a combination of these, |
and that is, or is intended to be, used permanently for:
| (e) | seniors or people who have a disability, or |
| (f) | people who live in the same household with seniors or people who have a disability, or |
| (g) | staff employed to assist in the administration of the residential accommodation or in the provision of services to persons living in the accommodation, |
but does not include a hospital.
service station means a building or place used for the sale by retail of
fuels and lubricants for motor vehicles, whether or not the building or
place is also used for any one or more of the following:
| (a) | the ancillary sale by retail of spare parts and accessories for motor vehicles, |
| (b) | the cleaning of motor vehicles, |
| (c) | installation of accessories, |
| (d) | inspecting, repairing and servicing of motor vehicles (other than body building, panel beating, spray painting, or chassis restoration), |
| 2007 No 642 | State Environmental Planning Policy (Sydney Region Growth Centres) 2006 (Amendment No 1) |
| Schedule 1 | Amendments |
| (e) | the ancillary retail selling or hiring of general merchandise or services or both. |
serviced apartment means a building or part of a building providing self-contained tourist and visitor accommodation that is regularly serviced or cleaned by the owner or manager of the building or part of the building or the owner’s or manager’s agents.
sewage treatment works means works or land used for the collection,
treatment and disposal of sewage by or for a public authority.
sex services means sexual acts or sexual services in exchange for
payment.
sex services premises means a brothel, but does not include home
occupation (sex services).
shop means retail premises that sell groceries, personal care products,
clothing, music, homewares, stationary, electrical goods or other items
of general merchandise, and may include a neighbourhood shop, but
does not include food and drink premises or restricted premises.
shop top housing means one or more dwellings located above (or
otherwise attached to) ground floor retail premises or business
premises.
spa pool has the same meaning as in the Swimming Pools Act 1992.
Note. The term is defined to include any excavation, structure or vessel in the nature of a spa pool, flotation tank, tub or the like.
special area means land shown as being in a special area on the Special
Areas Map.
Special Areas Map means the South West Growth Centre Special Areas
Map.
stock and sale yard means a building or place used on a commercial
basis for the purpose of offering livestock or poultry for sale and may
be used for the short-term storage and watering of stock.
storage premises means a building or place used for the storage of
goods, materials, plant or machinery for commercial purposes and
where the storage is not ancillary to any business premises or retail
premises on the same parcel of land.
storey means a space within a building that is situated between one floor
level and the floor level next above, or if there is no floor above, the
ceiling or roof above, but does not include:
| (a) | a space that contains only a lift shaft, stairway or meter room, or |
| (b) | a mezzanine, or |
| (c) | an attic. |
| State Environmental Planning Policy (Sydney Region Growth Centres) 2006 | 2007 No 642 |
| (Amendment No 1) |
| Amendments | Schedule 1 |
swimming pool has the same meaning as in the Swimming Pools Act
1992.
Note. The term is defined as follows:
swimming pool means an excavation, structure or vessel:
| (a) | that is capable of being filled with water to a depth of 300 millimetres or more, and |
| (b) | that is solely or principally used, or that is designed, manufactured or adapted to be solely or principally used, for the purpose of swimming, wading, paddling or any other human aquatic activity, |
and includes a spa pool, but does not include a spa bath, anything that is situated within a bathroom or anything declared by the regulations made under the Swimming Pools Act 1992 not to be a swimming pool for the purposes of that Act.
take away food and drink premises means food and drink premises that are predominantly used for the preparation and sale of food or drink (or both) for immediate consumption away from the premises.
tank-based aquaculture means aquaculture utilising structures that are constructed from materials such as fibreglass, plastics, concrete, glass or metals, are usually situated either wholly or partly above ground, and may be contained within a purpose built farm or industrial style shed or plastic covered hothouse to assist in controlling environmental factors. telecommunications facility means:
| (a) | any part of the infrastructure of a telecommunications network, or |
| (b) | any line, equipment, apparatus, tower, mast, antenna, tunnel, duct, hole, pit, pole or other structure or thing used, or to be used, in or in connection with a telecommunications network. |
telecommunications network means a system, or series of systems, that carries, or is capable of carrying, communications by means of guided or unguided electromagnetic energy, or both.
temporary structure has the same meaning as in the Act.
Note. The term is defined as follows:
temporary structure includes a booth, tent or other temporary enclosure
(whether or not part of the booth, tent or enclosure is permanent), and also
includes a mobile structure.
the Act means the Environmental Planning and Assessment Act 1979. 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. tourist and visitor accommodation means a building or place that provides temporary or short-term accommodation on a commercial basis, and includes hotel or motel accommodation, serviced apartments, bed and breakfast accommodation and backpackers’ accommodation.
| 2007 No 642 | State Environmental Planning Policy (Sydney Region Growth Centres) 2006 (Amendment No 1) |
| Schedule 1 | Amendments |
transitional land—see clause 3 of this Policy.
transport depot means a building or place used for the parking or
servicing of motor powered or motor drawn vehicles used in connection
with a passenger transport undertaking, business, industry or shop.
truck depot means a building or place used for the servicing and parking
of trucks, earthmoving machinery and the like.
turf farming means the commercial cultivation of turf for sale and the
removal of turf for that purpose.
Turner Road Precinct Development Control Plan means the Turner
Road Precinct Development Control Plan made by the
Director-General on 4 December 2007.
Turner Road Precinct means the land shown within the Turner Road
Precinct on the South West Growth Centre Precinct Boundary Map.
utility installation means a building, work or place used by a public
utility undertaking, but does not include a building designed wholly or
principally as administrative or business premises or as a showroom.
vehicle body repair workshop means a building or place used for the
repair of vehicles or agricultural machinery, involving body building,
panel building, panel beating, spray painting or chassis restoration.
vehicle repair station means a building or place used for the purpose of
carrying out repairs or the selling of, and fitting of accessories to,
vehicles or agricultural machinery, but does not include a vehicle body
repair workshop.
vehicle sales or hire premises means a building or place used for the
display, sale (whether by retail or wholesale) or hire of motor vehicles,
caravans, boats, trailers, agricultural machinery and the like, whether or
not accessories are sold or displayed there.
veterinary hospital means a building or place used for diagnosing or
surgically or medically treating animals, whether or not animals are
kept on the premises for the purposes of treatment.
viticulture means the cultivation of grapes for commercial purposes for
use in the production of fresh or dried fruit or wine.
warehouse or distribution centre means a building or place used
mainly or exclusively for storing or handling items (whether goods or
materials) pending their sale, but from which no retail sales are made.
waste disposal landfill facility means a building or place used for the
disposal of waste by landfill, incineration or other means, including
such works or activities as recycling, resource recovery and other
resource management activities, energy generation from gases, leachate
management, odour control and the winning of extractive material to
generate a void for disposal of waste or to cover waste after its disposal.
| State Environmental Planning Policy (Sydney Region Growth Centres) 2006 | 2007 No 642 |
| (Amendment No 1) |
| Amendments | Schedule 1 |
waste disposal land fill operation means use of land for the purpose of
disposing of industrial, trade or domestic waste on that land.
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 that waste, and whether or not any such 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 such storage, treatment, purifying or disposal, and |
| (b) | eco-generating works ancillary to or associated with such storage, treatment, purifying or disposal. |
water recreation structure means a structure used primarily for recreational purposes that has a direct structural connection between the shore and the waterway, and may include a pier, wharf, jetty or boat launching ramp.
water recycling facility means a building or place used for the treatment of sewage effluent, stormwater or waste water for use as an alternative supply to mains water, groundwater or river water (including, in particular, sewer mining works), whether the facility stands alone or is associated with other development, and includes associated:
| (a) | retention structures, and |
| (b) | treatment works, and |
| (c) | irrigation schemes. |
waterbody means a waterbody (artificial) or waterbody (natural).
waterbody (artificial) or artificial waterbody means an artificial body
of water, including any constructed waterway, canal, inlet, bay,
channel, dam, pond, lake or artificial wetland, but does not include a dry
detention basin or other stormwater management construction that is
only intended to hold water intermittently.
waterbody (natural) or natural waterbody means a natural body of
water, whether perennial or intermittent, fresh, brackish or saline, the
course of which may have been artificially modified or diverted onto a
new course, and includes a river, creek, stream, lake, lagoon, natural
wetland, estuary, bay, inlet or tidal waters (including the sea).
watercourse means any river, creek, stream or chain of ponds, whether
artificially modified or not, in which water usually flows, either
continuously or intermittently, in a defined bed or channel, but does not
include a waterbody (artificial).
waterway means the whole or any part of a watercourse, wetland,
waterbody (artificial) or waterbody (natural).
| 2007 No 642 | State Environmental Planning Policy (Sydney Region Growth Centres) 2006 (Amendment No 1) |
| Schedule 1 | Amendments |
wetland means:
| (a) | natural wetland, including marshes, mangroves, backwaters, billabongs, swamps, sedgelands, wet meadows or wet heathlands that form a shallow waterbody (up to 2 metres in depth) when inundated cyclically, intermittently or permanently with fresh, brackish or salt water, and where the inundation determines the type and productivity of the soils and the plant and animal communities, or |
| (b) | artificial wetland, including marshes, swamps, wet meadows, sedgelands or wet heathlands that form a shallow waterbody (up to 2 metres in depth) when inundated cyclically, intermittently or permanently with water, and are constructed and vegetated with wetland plant communities. |
wholesale supplies means a building or place used for the display, sale or hire of goods or materials by wholesale only to businesses that have an Australian Business Number registered under the A New Tax System (Australian Business Number) Act 1999 of the Commonwealth.
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