State Environmental Planning Policy (Sydney Region Growth Centres) 2006 (Amendment No 3) (2008-631) Gazette No 158 of 19 December 2008, page 12626 (NSW)

2008 No 631

New South Wales

State Environmental Planning Policy

(Sydney Region Growth Centres) 2006

(Amendment No 3)

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. (S07/02145/PC)

KRISTINA KENEALLY, M.P.,

Minister for Planning

Published in Gazette No 158 of 19 December 2008, page 12626 Page 1

2008 No 631	State Environmental Planning Policy (Sydney Region Growth Centres) 2006
Clause 1	(Amendment No 3)

State Environmental Planning Policy (Sydney Region

Growth Centres) 2006 (Amendment No 3)

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 3).

2      Aim of Policy

The aim of this Policy is to amend State Environmental Planning Policy

(Sydney Region Growth Centres) 2006:

(a)	to specify development controls for land in the North Kellyville Precinct within the North West Growth Centre, and
(b)	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 State Environmental Planning Policy (Sydney Region Growth Centres) 2006 are declared by this 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 Development Control Map—North West Growth Centre is replaced by the State Environmental Planning Policy (Sydney Region Growth Centres) 2006—North West Growth Centre Development Control Map (Edition 2),

State Environmental Planning Policy (Sydney Region Growth Centres) 2006 2008 No 631

(Amendment No 3) Clause 5

(b)	the Sydney Region Growth Centre Zoning Map—North West Growth Centre is replaced by the State Environmental Planning Policy (Sydney Region Growth Centres) 2006—North West Growth Centre Land Zoning Map (Edition 2),
(c)	the Sydney Region Growth Centres Precinct Boundaries Map— North West Growth Centre is replaced by the State Environmental Planning Policy (Sydney Region Growth Centres) 2006—North West Growth Centre Precinct Boundary Map (Edition 2).

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Schedule 1

Amendments

Schedule 1 Amendments

(Clause 4)

[1]      Clause 3 Interpretation

Omit “Sydney Region Growth Centres Precinct Boundaries Map—North West Growth Centre” wherever occurring in the definitions of growth centre and growth centre precinct in clause 3 (1).

Insert instead “North West Growth Centre Precinct Boundary Map

(Edition 2)”.

[2]      Clause 3 (1), definition of “growth centre structure plan”

Omit the definition. Insert instead:

growth centre structure plan means:

(a)	in relation to the North West Growth Centre, the structure plan for the growth centre, being the explanatory notes identified by the Minister on the commencement of “State Environmental Planning Policy (Sydney Region Growth Centres) 2006” and the map identified by the Minister on the commencement of “State Environmental Planning Policy (Sydney Region Growth Centres) 2006 (Amendment No 3)”, and
(b)	in relation to the South West Growth Centre, the structure plan for the growth centre (including the maps and explanatory notes) identified by the Minister on the commencement of “State Environmental Planning Policy (Sydney Region Growth Centres) 2006 (Amendment No 1)”.

[3]      Clause 3 (1), definition of “transitional land”

Omit “Sydney Region Growth Centres Development Control Map—North

West Growth Centre”.

Insert instead “North West Growth Centre Development Control Map

(Edition 2)”.

[4]      Clause 3 (4)

Omit the subclause. Insert instead:

(4)

Notes in this Policy are provided for guidance and do not form

part of this Policy.

[5]      Clause 4 Consent authority

Omit “Precinct Policy”. Insert instead “Precinct Plan”.

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[6]      Clause 6A Maps

Insert after clause 6A (3):

(3A)

For the purposes of this Policy, a map may be in, and may be kept

and made available in, electronic or paper form, or both.

[7]      Clause 7

Omit the clause. Insert instead:

7      Controls applying to precincts after finalisation of precinct planning process

The provisions applying to the carrying out of development in a precinct are those specified in the Appendix listed in Column 2 of the Table to this clause opposite the precinct listed in Column 1 of that Table.

Table

Column 1	Column 2
Precinct and Growth Centre	Appendix
Oran Park and Turner Road Precincts, South	Appendix 1
West Growth Centre
North Kellyville Precinct, North West	Appendix 2
Growth Centre

Note. The Environmental Planning and Assessment Regulation 2000 (clauses 275 and 276) makes provision with respect to the staged release of precincts for urban development in the Sydney Region (including with respect to development assessment during the precinct planning process). On completion of the planning process for a precinct, land use and other development controls are to be specified in the relevant Appendix listed in the Table to this clause.

[8]      Clause 8 Application of Part and of other planning instruments

Omit “Precinct Policy” from clause 8 (3). Insert instead “Precinct Plan”.

[9]      Clauses 16 (1) and 17 (1)

Omit “Appendix 1 or” from clauses 16 (1) and 17 (1) wherever occurring.

Insert instead “a Precinct Plan or in”.

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[10]      Clause 21 Land to which Part applies

Insert after clause 21 (3):

(4) Despite subclause (1), this Part does not apply to land in the North Kellyville Precinct as shown on the North West Growth Centre Precinct Boundary Map (Edition 2).

[11]      Appendix 1

Omit “Precinct” from clause 11 where lastly occurring.

[12]      Appendix 2

Insert after Appendix 1:

Appendix 2

Part 1 Preliminary

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.

1.1 Name of Precinct Plan

This Plan is the North Kellyville Precinct Plan 2008.

1.2

Aims of Precinct Plan

The aims of this Precinct Plan are:

(a)	to make development controls for land in the North Kellyville Precinct within the North West Growth Centre that will ensure the creation of a quality environment and good design outcomes, and
(b)	to protect and enhance the environmentally sensitive areas and natural and cultural heritage of the Precinct, and
(c)	to promote employment, residential and recreational opportunities in the Precinct, and
(d)	to promote housing choice and affordability in the Precinct, and
(e)	to provide for the sustainable development of the Precinct.

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1.3

Land to which Precinct Plan applies

This Precinct Plan applies to land within the North Kellyville Precinct.

1.4

Definitions

In this Precinct Plan, Council means the Council of the Shire of

Baulkham Hills.

Note. The Dictionary at the end of this State Environmental Planning Policy defines words and expressions for the purposes of this Precinct Plan, including the relevant maps.

1.6

Consent authority

The consent authority for the purposes of this Precinct Plan is (subject to the Act) the Council.

1.8

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.

(2A)

This clause does not affect the operation of other provisions of

this State Environmental Planning Policy.

1.9	Application of SEPPs and REPs
(1) This Precinct Plan is subject to the provisions of any State environmental planning policy and any regional environmental plan that prevail over this State Environmental Planning Policy as provided by section 36 of the Act.

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

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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 60—Exempt and

Complying Development

(2A)	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. This State Environmental Planning Policy also contains provisions applying development controls to the North West Growth Centre, including the North Kellyville Precinct.

1.9A

Suspension of covenants, agreements and instruments

(1)	For the purpose of enabling development on land within any zone to be carried out in accordance with this Precinct Plan or with a consent granted under the Act, any agreement, covenant or other similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose.
(2)	This clause does not apply:

(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, or
(f)	to any biobanking agreement within the meaning of Part 7A of the Threatened Species Conservation Act 1995.

(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).

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Part 2 Permitted or prohibited development

2.1	Land use zones
The land use zones under this Precinct Plan are as follows:

Residential Zones

R1 General Residential

R2 Low Density Residential

R3 Medium Density Residential

Business Zones

B1 Neighbourhood Centre

B2 Local Centre

Special Purpose Zones

SP2 Infrastructure

Recreation Zones

RE1 Public Recreation

Environment Protection Zones

E3 Environmental Management

E4 Environmental Living

2.2	Zoning of land to which Precinct Plan applies
For the purposes of this Precinct Plan, land is within the zones shown on the Land Zoning Map.
2.3	Zone objectives and land use table
(1) The Land Use Table at the end of this Part specifies for each

zone:

(a)	the objectives for development, and
(b)	development that may be carried out without 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.
(3)	In the Land Use Table at the end of this Part:
(a) a reference to a type of building or other thing is a reference to development for the purposes of that type of building or other thing, and

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

(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 North Kellyville Precinct Development Control Plan sets 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 North Kellyville Precinct Development Control Plan sets out complying development (for which a complying development certificate may be issued as an alternative to obtaining development consent).

4       Clause 2.6 requires consent for subdivision of land.

5       Part 5 contains other provisions which require consent for particular development.

2.3A	Demolition
The demolition of a building or work may be carried out only with consent.
Note. The demolition of certain buildings and works is identified in the North Kellyville Precinct Development Control Plan as exempt or complying development.

2.4	Unzoned land
(1) Development may be carried out on unzoned land only with consent. (2) Before granting consent, the consent authority:

(a)	must consider whether the development will impact on adjoining zoned land and, if so, consider the objectives for development in the zones of the adjoining land, and
(b)	must be satisfied that the development is appropriate and is compatible with permissible land uses in any such adjoining land.

2.5	Additional permitted uses for particular land
(1) Development on particular land that is described or referred to in Schedule 1 may be carried out:

(a) with consent, or

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(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.

2.6	Subdivision—consent requirements
(1) Land to which this Precinct Plan applies may be subdivided, but only with consent. (2) However, consent is not required for a subdivision for the purpose only of any one or more of the following:

(a)

widening a public road,

(b)

a minor realignment of boundaries that does not create:

(i)	additional lots or the opportunity for additional dwellings, or
(ii)	lots that are smaller than the minimum size shown on the Lot Size Map in relation to the land concerned,

(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 toilets.

Note. If a subdivision is exempt development, the Act enables the subdivision to be carried out without consent.

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.

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• To encourage medium density housing in locations of high amenity adjoining open space and accessible transport corridors.

• 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.

• To allow for low 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

Home occupations

3      Permitted with consent

Attached dwellings; Bed and breakfast accommodation; Boarding houses; Child care centres; Community facilities; Dwelling houses; Educational establishments; Group homes; Home businesses; Hostels; Multi dwelling housing; Neighbourhood shops; Places of public worship; Residential flat buildings; Roads; Secondary dwellings; Semi-detached dwellings; Seniors housing; Shop top housing; Any other development not specified in item 2 or 4

4      Prohibited

Agriculture; Amusement centres; Biosolid waste applications; Bulky goods premises; Business premises; Canal estate developments; Caravan parks; Cemeteries; Charter and tourism boating facilities; Correctional centres; Crematoria; Depots; Electricity generating works; Entertainment facilities; Extractive industries; Freight transport facilities; Home occupations (sex services); Industries; Information and education facilities; Marinas; Moveable dwellings; Nightclubs; Passenger transport facilities; Public administration buildings; Retail premises; Rural workers’ dwellings; Storage premises; Tourist and visitor accommodation; Vehicle sales or hire premises; Waste or resource management facilities; Wholesale supplies

Zone R2 Low Density Residential

1      Objectives of zone

• To provide for the housing needs of the community within a low density residential environment.

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• To enable other land uses that provide facilities or services to meet the day to day needs of residents.

• To provide for a variety of housing types but primarily low density detached housing.

• To support the well being of the community, including educational, recreational, community, religious and other activities if there will be no adverse effect on the amenity of the proposed or existing nearby residential development.

2      Permitted without consent

Home occupations

3      Permitted with consent

Community facilities; Drainage; Dual occupancies; Dwelling houses; Earthworks; Educational establishments; Environmental protection works; Exhibition homes; Exhibition villages; Group homes; Health consulting rooms; Home businesses; Information and education facilities; Recreation areas; Roads; Secondary dwellings; Semi-detached dwellings; Seniors housing; Water recycling facilities; Waterbodies (artificial)

4      Prohibited

Any development not specified in item 2 or 3

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 provide a variety of housing types 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 encourage medium density housing adjoining the North Kellyville Local Centre.

• 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 allow for low density tourist and visitor accommodation that does not interfere with residential amenity.

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2      Permitted without consent

Home occupations

3      Permitted with consent

Attached dwellings; Bed and breakfast accommodation; Boarding houses; Child care centres; Community facilities; Group homes; Home businesses; Multi dwelling housing; Neighbourhood shops; Places of public worship; Roads; Seniors housing; Any other development not specified in item 2 or 4

4      Prohibited

Agriculture; Amusement centres; Biosolid waste applications; Bulky goods premises; Business premises; Canal estate developments; Caravan parks; Cemeteries; Charter and tourism boating facilities; Correctional centres; Crematoria; Depots; Dual occupancies; Dwelling houses; Electricity generating works; Entertainment facilities; Extractive industries; Freight transport facilities; Home occupations (sex services); Industries; Information and education facilities; Marinas; Moveable dwellings; Nightclubs; Passenger transport facilities; Retail premises; Rural workers’ dwellings; Semi-detached dwellings; Shop top housing; Storage premises; Tourist and visitor accommodation; Vehicle sales or hire premises; Waste or resource management facilities; Wholesale supplies

Zone B1 Neighbourhood Centre

1      Objectives of zone

• To provide a range of small-scale retail, business and community uses that serve the needs of people who live or work in the surrounding neighbourhood.

• 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.

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• 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

Business premises; Child care centres; Community facilities; Neighbourhood shops; Roads; Shop top housing; Any other development not specified in item 2 or 4

4      Prohibited

Agriculture; Biosolid waste applications; Bulky goods premises; Canal estate developments; Caravan parks; Cemeteries; Correctional centres; Crematoria; Depots; Dual occupancies; Dwelling houses; Electricity generating works; Extractive industries; Freight transport facilities; Home occupations (sex services); Industries; Moveable dwellings; Nightclubs; Passenger transport facilities; Recreation facilities (major); Residential care facilities; Residential flat buildings (other than as a component of a mixed use development); Restricted premises; Roadside stalls; Rural workers’ dwellings; Secondary dwellings; Semi-detached dwellings; Sex services premises; Storage premises; Timber and building supplies; Vehicle sales or hire premises; Waste or resource management facilities

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.

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• To provide for land uses of a higher order and density within the Local Centre Zone than are permitted within the Neighbourhood Centre Zone.

• To ensure that retail development in the North Kellyville Local Centre is of an appropriate type and scale relative to the Rouse Hill Regional Centre.

• To provide for residential development that contributes to the vitality of the village centre.

2      Permitted without consent

Nil

3      Permitted with consent

Business premises; Child care centres; Community facilities; Educational establishments; Entertainment facilities; Function centres; Information and education facilities; Office premises; Passenger transport facilities; Recreation facilities (indoor); Registered clubs; Retail premises; Roads; Service stations; Shop top housing; Tourist and visitor accommodation; Any other development not specified in item 2 or 4

4      Prohibited

Agriculture; Attached dwellings (other than as a component of mixed use development); Biosolid waste applications; Canal estate developments; Caravan parks; Cemeteries; Correctional centres; Crematoria; Dairies (pasture-based); Depots; Dual occupancies; Dwelling houses; Electricity generating works; Extractive industries; Freight transport facilities; Industries; Moveable dwellings; Multi dwelling housing (other than as a component of mixed use development); Nightclubs; Passenger transport facilities; Residential flat buildings (other than as a component of mixed use development); Restricted premises; Roadside stalls; Rural workers’ dwellings; Secondary dwellings; Semi-detached dwellings; Sex services premises; Storage premises; Waste or resource management facilities

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.

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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; Roads; Water recycling facilities; Waterbodies (artificial)

4      Prohibited

Any 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.

2      Permitted without consent

Nil

3      Permitted with consent

Community facilities; Drainage; Earthworks; Electricity generating works; Environmental facilities; Environmental protection works; Flood mitigation works; Kiosks; Recreation areas; Recreation facilities (outdoor); Roads; Water recycling facilities; Waterbodies (artificial)

4      Prohibited

Any development not specified in item 2 or 3

Zone E3 Environmental Management

1      Objectives of zone

• To protect, manage and restore areas with special ecological, scientific, cultural or aesthetic values.

• To provide for a limited range of development that does not have an adverse effect on those values.

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2      Permitted without consent

Home occupations

3      Permitted with consent

Drainage; Dwelling houses; Earthworks; Electricity generating works; Environmental facilities; Environmental protection works; Flood mitigation works; Roads; Water recycling facilities; Waterbodies (artificial)

4      Prohibited

Industries; Multi dwelling housing; Residential flat buildings; Retail premises; Seniors housing; Service stations; Warehouse or distribution centres; Any other development not specified in item 2 or 3

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.

2      Permitted without consent

Home occupations

3      Permitted with consent

Bed and breakfast accommodation; Drainage; Dual occupancies; Dwelling houses; Earthworks; Electricity generating works; Environmental facilities; Environmental protection works; Flood mitigation works; Group homes; Health consulting rooms; Home businesses; Home industries; Horticulture; Recreation areas; Recreation facilities (outdoor); Roads; Swimming pools; Water recreation structures; Water recycling facilities; Waterbodies (artificial)

4      Prohibited

Industries; Service stations; Warehouse or distribution centres; Any other development not specified in item 2 or 3

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Part 3 Exempt and complying development

3.1

Exempt development

(1)	Development of minimal environmental impact listed in the North Kellyville Precinct Development Control Plan is exempt development, despite any other provision of this Precinct Plan.
(2)	Development is exempt development only if it complies with the development standards and other requirements applied to the development by this Part and by the North Kellyville Precinct Development Control Plan.

3.2

Complying development

(1) Development listed in the North Kellyville Precinct Development Control Plan is complying development if:

(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 North Kellyville 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 North Kellyville Precinct Development Control Plan.

3.3

Environmentally sensitive areas excluded

(1)	Exempt or complying development must not be carried out on any environmentally sensitive area for exempt or complying development.
(2)	For the purposes of this clause:

environmentally sensitive area for exempt or complying

development means any of the following:

(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,

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(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,
(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:

(i)	that is subject to an interim heritage order under the Heritage Act 1977 or that is listed on the State Heritage Register under that Act, or
(ii)	that is identified as such an item in an environmental planning instrument,

(l)

land that is shown as:

(i)	a native vegetation retention area or an existing native vegetation area on the Native Vegetation Protection Map, or
(ii)	a riparian protection area on the Riparian Protection Area Map,

(m)

bush fire prone land under section 146 of the Act.

Part 4 Principal development standards

4.1	Minimum subdivision lot size
(1) The objectives of this clause are as follows:

(a) to ensure that the minimum size for lots is sufficient for the provision of usable areas for building and open space,

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(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.

4.1A Minimum lot sizes for other development

Development must not be carried out on a lot in Zone R1 General Residential, Zone R2 Low Density Residential, Zone R3 Medium Density Residential, Zone B1 Neighbourhood Centre or Zone B2 Local Centre 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)	secondary dwelling—450 square metres,
(b)	dual occupancy—600 square metres,
(c)	semi-detached dwelling—600 square metres,
(d)	multi dwelling housing—1,500 square metres,
(e)	attached dwellings—1,500 square metres,
(f)	residential flat building—4,000 square metres.

4.1B

Residential density—North Kellyville Precinct

(1)	The objective of this clause is to make provision with respect to the delivery of 4,500 new dwellings in the North Kellyville Precinct.
(2)	Development consent must not be granted to the subdivision of land intended to be used for residential purposes within the North Kellyville Precinct unless the consent authority is satisfied that:

(a)	a development control plan has been prepared providing for not less than 4,500 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.

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4.3	Height of buildings
(1) The objectives of this clause are as follows:

(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 development,
(e)	to restrict the height of buildings within the curtilage of heritage items.

(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.

(2A)

The consent authority may grant development consent for development for the purpose of an attached dwelling, a dwelling house, dual occupancy, multi dwelling housing, place of public worship or school on land in Zone R1 General Residential or Zone R2 Low Density Residential, or a dwelling house on land in Zone E4 Environmental Living, that exceeds 9 metres in height above finished ground level, if the consent authority is satisfied that the development:

(a) is located:

(i)      on a prominent street corner, or

(ii)      adjacent to land in Zone B1 Neighbourhood Centre or Zone B2 Local Centre or that is a public open space, or

(iii)      on land with a finished ground level slope equal to or more than 15%, and

(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.

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4.4	Floor space ratio
(1) The objectives of this clause are as follows:

(a)	to control the bulk and scale of future development in the North Kellyville Precinct,
(b)	to ensure that control of the bulk and scale in the business zones does not restrict the provision of shop top housing.

(2) The maximum floor space ratio for a building on any land is not to exceed the floor space ratio shown for the land on the Floor Space Ratio Map.

(2A) Despite any other provision of this Precinct Plan, any part of a building in Zone B1 Neighbourhood Centre or Zone B2 Local Centre used for residential accommodation is not to be included in the calculation of floor space ratio.

4.5	Calculation of floor space ratio and site area
(1) Objectives

The objectives of this clause are as follows:

(a)

to define floor space ratio,

(b)

to set out rules for the calculation of the site area of development for the purpose of applying permitted floor space ratios, including rules to:

(i)	prevent the inclusion in the site area of an area that has no significant development being carried out on it, and
(ii)	prevent the inclusion in the site area of an area that has already been included as part of a site area to maximise floor space area in another building, and

(iii) require community land and public places to be dealt with separately.

(2)	Definition of “floor space ratio”
The floor space ratio of buildings on a site is the ratio of the gross floor area of all buildings within the site to the site area.
(3)	Site area
In determining the site area of proposed development for the purpose of applying a floor space ratio, the site area is taken to be:
(a) if the proposed development is to be carried out on only one lot, the area of that lot, or

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(b) if the proposed development is to be carried out on 2 or more lots, the area of any lot on which the development is proposed to be carried out that has at least one common boundary with another lot on which the development is being carried out.

In addition, subclauses (4)–(7) apply to the calculation of site area for the purposes of applying a floor space ratio to proposed development.

(4)

Exclusions from site area

The following land must be excluded from the site area:

(a)	land on which the proposed development is prohibited, whether under this Precinct Plan or any other law,
(b)	community land or a public place (except as provided by subclause (7)).

(5)

Strata subdivisions

The area of a lot that is wholly or partly on top of another or others in a strata subdivision is to be included in the calculation of the site area only to the extent that it does not overlap with another lot already included in the site area calculation.

(6)

Only significant development to be included

The site area for proposed development must not include a lot additional to a lot or lots on which the development is being carried out unless the proposed development includes significant development on that additional lot.

(7)

Certain public land to be separately considered

For the purpose of applying a floor space ratio to any proposed development on, above or below community land or a public place, the site area must only include an area that is on, above or below that community land or public place, and is occupied or physically affected by the proposed development, and may not include any other area on which the proposed development is to be carried out.

(8)

Existing buildings

The gross floor area of any existing or proposed buildings within the vertical projection (above or below ground) of the boundaries of a site is to be included in the calculation of the total floor space for the purposes of applying a floor space ratio, whether or not the proposed development relates to all of the buildings.

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(9)

Covenants to prevent “double dipping”

When consent is granted to development on a site comprised of 2 or more lots, a condition of the consent may require a covenant to be registered that prevents the creation of floor area on a lot (the restricted lot) if the consent authority is satisfied that an equivalent quantity of floor area will be created on another lot only because the site included the restricted lot.

(10)

Covenants affect consolidated sites

If:

(a)	a covenant of the kind referred to in subclause (9) applies to any land (affected land), and
(b)	proposed development relates to the affected land and other land that together comprise the site of the proposed development,

the maximum amount of floor area allowed on the other land by the floor space ratio fixed for the site by this Precinct Plan is reduced by the quantity of floor space area the covenant prevents being created on the affected land.

(11)

Definition

In this clause, public place has the same meaning as it has in the

Local Government Act 1993.

4.5A	Business, office and retail floor area
(1) The objectives of this clause are to provide for the equitable distribution of business, office and retail floor area:

(a)	between land in Zone B1 Neighbourhood Centre and Zone B2 Local Centre, and
(b)	between land in the northern and southern areas of Zone B1 Neighbourhood Centre, and
(c)	between land in the northern and southern areas of Zone B2 Local Centre.

(2)

The total gross floor area used for the purposes of business, office

and retail premises on all land:

(a)	in Zone B1 Neighbourhood Centre must not exceed 4,000 square metres, and
(b)	in Zone B2 Local Centre must not exceed 15,000 square metres.

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(3) Development consent must not be granted to development on land in Zone B1 Neighbourhood Centre or Zone B2 Local Centre unless the consent authority has considered the objectives of this clause.

4.6	Exceptions to development standards
(1) The objectives of this clause are:

(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:

(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:

(a) the consent authority is satisfied that:

(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.

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(5)

In deciding whether to grant concurrence, the Director-General

must consider:

(a)	whether contravention of the development standard raises any matter of significance for State or regional environmental planning, and
(b)	the public benefit of maintaining the development standard, and
(c)	any other matters required to be taken into consideration by the Director-General before granting concurrence.

(6)

Consent must not be granted under this clause for a subdivision

of land within Zone E4 Environmental Living if:

(a)	the subdivision will result in 2 or more lots of less than the minimum area specified for such lots by a development standard, or
(b)	the subdivision will result in at least one lot that is less than 90% of the minimum area specified for such a lot by a development standard.

(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:

(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)	clauses 4.1A, 4.1B, 5.4, 6.2 and 6.4 of this Precinct Plan.

Part 5 Miscellaneous provisions

5.1	Relevant acquisition authority
(1) The objective of this clause is to identify, for the purposes of section 27 of the Act, the authority of the State that will be the relevant authority to acquire land reserved for certain public

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purposes if the land is required to be acquired under Division 3 of Part 2 of the Land Acquisition (Just Terms Compensation) Act 1991 (the owner-initiated acquisition provisions).

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
Zone SP2 and marked “Local Road Council
Widening”
Zone SP2 and marked “School” Minister administering the Education Act 1990 Zone SP2 and marked “Trunk Sydney Water Corporation
Drainage”
Zone RE1 and marked “Local Open Council
Space”
(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.

5.1A	Development on land intended to be acquired for public purposes
(1) The objective of this clause is to protect land that is intended to be acquired for a public purpose.
(2) Development consent must not granted to development on land shown on the Land Reservation Acquisition Map that has not yet been acquired for a public purpose unless the consent authority is satisfied that the development is likely to be consistent with that public purpose as marked on the map.

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5.2	Classification and reclassification of public land
(1) The objective of this clause is to enable the Council to classify or reclassify public land as “operational land” or “community land” in accordance with Part 2 of Chapter 6 of the Local Government Act 1993.

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:

(a)	does not cease to be a public reserve to the extent (if any) that it is a public reserve, and
(b)	continues to be affected by any trusts, estates, interests, dedications, conditions, restrictions or covenants that affected the land before its classification, or reclassification, as operational land.

(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:

(a)	those (if any) specified for the land in Column 3 of Part 2 of Schedule 4, and
(b)	any reservations that except land out of the Crown grant relating to the land, and
(c)	reservations of minerals (within the meaning of the Crown Lands Act 1989).

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.

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5.3

Development near zone boundaries

(1)	The objective of this clause is to provide flexibility where the investigation of a site and its surroundings reveals that a use allowed on the other side of a zone boundary would enable a more logical and appropriate development of the site and be compatible with the planning objectives and land uses for the adjoining zone.
(2)	This clause applies to so much of any land that is within the relevant distance of a boundary between any 2 zones. The relevant distance is 20 metres.
(3)	This clause does not apply to:

(a)	land zoned B1 Neighbourhood Centre, B2 Local Centre, RE1 Public Recreation, E1 National Parks and Nature Reserves, E2 Environmental Conservation, E3 Environmental Management, E4 Environmental Living or W1 Natural Waterways 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:

(a)	the development is not inconsistent with the objectives for development in both zones, and
(b)	the carrying out of the development is desirable due to compatible land use planning, infrastructure capacity and other planning principles relating to the efficient and timely development of land.

(5)

The clause does not prescribe a development standard that may

be varied under this Precinct Plan.

5.4	Controls relating to miscellaneous permissible uses
(1) Bed and breakfast accommodation

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.

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(2)

Home businesses

If development for the purposes of a home business is permitted under this Precinct Plan, the carrying on of the business must not involve the use of more than 50 square metres of floor area.

(3)

Home industries

If development for the purposes of a home industry is permitted under this Precinct Plan, the carrying on of the light industry must not involve the use of more than 100 square metres of floor area.

(4)

Industrial retail outlets

If development for the purposes of an industrial retail outlet is permitted under this Precinct Plan, the retail floor area must not exceed:

(a)	40% of the combined gross floor area of the industrial retail outlet and the building or place on which the relevant industry is carried out, or
(b)	400 square metres,

whichever is the lesser.

(5)

Farm stay accommodation

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)

Kiosks

If development for the purposes of a kiosk is permitted under this Precinct Plan, the gross floor area must not exceed 10 square metres.

(7)

Neighbourhood shops

If development for the purposes of a neighbourhood shop is permitted under this Precinct Plan, the retail floor area must not exceed 80 square metres.

(8)

Roadside stalls

If development for the purposes of a roadside stall is permitted under this Precinct Plan, the gross floor area must not exceed 20 square metres.

(9)

Secondary dwellings

If development for the purposes of a secondary dwelling is permitted under this Precinct Plan, the total floor area of the

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dwelling (excluding any area used for parking) must not exceed

whichever of the following is the greater:

(a)	60 square metres,
(b)	20% of the total floor area of both the self-contained dwelling and the principal dwelling.

5.8	Conversion of fire alarms
(1) This clause applies to a fire alarm system that can be monitored by New South Wales Fire Brigades or by a private service provider. (2) The following development may be carried out, but only with consent:

(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.

(3)

Development to which subclause (2) applies is complying

development if it consists only of:

(a)	internal alterations to a building, or
(b)	internal alterations to a building together with the mounting of an antenna, and any support structure, on an external wall or roof of a building so as to occupy a space of not more than 450mm × 100mm × 100mm.

(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.

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5.9	Preservation of trees or vegetation
(1) The objective of this clause is to preserve the amenity of the area through the preservation of trees and other vegetation. (2) This clause applies to species or kinds of trees or other vegetation that are prescribed for the purposes of this clause by a development control plan made by the Director-General.

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)

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:

(a)	development consent, or
(b)	a permit granted by the Council.

(4)

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.

(5)

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.

(6)

This clause does not apply to a tree or other vegetation that the

Council is satisfied is a risk to human life or property.

(7)

A permit under this clause cannot allow any ringbarking, cutting down, topping, lopping, removal, injuring or destruction of a tree or other vegetation:

(a)	that is or forms part of a heritage item, or
(b)	that is within a heritage conservation area.

Note. As a consequence of this subclause, the activities concerned will require development consent. The heritage provisions of clause 5.10 will be applicable to any such consent.

(8)

This clause does not apply to or in respect of:

(a)	the clearing of native vegetation that is authorised by a development consent or property vegetation plan under the Native Vegetation Act 2003 or that is otherwise permitted under Division 2 or 3 of Part 3 of that Act, or
(b)	the clearing of vegetation on State protected land (within the meaning of clause 4 of Schedule 3 to the Native Vegetation Act 2003) that is authorised by a development

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consent under the provisions of the Native Vegetation Conservation Act 1997 as continued in force by that clause, or

(c)	trees or other vegetation within a State forest, or land reserved from sale as a timber or forest reserve under the Forestry Act 1916, or
(d)	action required or authorised to be done by or under the Electricity Supply Act 1995, the Roads Act 1993 or the Surveying Act 2002, or
(e)	plants declared to be noxious weeds under the Noxious Weeds Act 1993, or
(f)	existing native vegetation areas to which clause 6.2 of this Precinct Plan applies, or
(g)	native vegetation retention areas or riparian protection areas to which clause 6.3 of this Precinct Plan applies.

5.10

Heritage conservation

Note. Heritage items, heritage conservation areas and archaeological sites (if

any) are shown on the Heritage Map. The location and nature of any such item,

area or site is also described in Schedule 5.

(1) Objectives

The objectives of this clause are:

(a)	to conserve the environmental heritage of the North Kellyville Precinct, and
(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:

(a)	demolishing or moving a heritage item or a building, work, relic or tree within a heritage conservation area,
(b)	altering a heritage item or a building, work, relic, tree or place within a heritage conservation area, including (in the case of a building) making changes to the detail, fabric, finish or appearance of its exterior,
(c)	altering a heritage item that is a building by making structural changes to its interior,

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(d)	disturbing or excavating an archaeological site while knowing, or having reasonable cause to suspect, that the disturbance or excavation will or is likely to result in a relic being discovered, exposed, moved, damaged or destroyed,
(e)	disturbing or excavating a heritage conservation area that is a place of Aboriginal heritage significance,
(f)	erecting a building on land on which a heritage item is located or that is within a heritage conservation area,
(g)	subdividing land on which a heritage item is located or that is within a heritage conservation area.

(3)	When consent not required
However, consent under this clause is not required if:
(a) the applicant has notified the consent authority of the proposed development and the consent authority has advised the applicant in writing before any work is carried out that it is satisfied that the proposed development:

(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

(b)

the development is in a cemetery or burial ground and the proposed development:

(i)	is the creation of a new grave or monument, or excavation or disturbance of land for the purpose of conserving or repairing monuments or grave markers, and
(ii)	would not cause disturbance to human remains, relics, Aboriginal objects in the form of grave goods, or to a place of Aboriginal heritage significance, or

(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.

(4)	Effect on heritage significance
The consent authority must, before granting consent under this clause, consider the effect of the proposed development on the

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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 (5) or a heritage conservation management plan is submitted under subclause (6).

(5)

Heritage impact assessment

The consent authority may, before granting consent to any development on land:

(a)	on which a heritage item is situated, or
(b)	within a heritage conservation area, or
(c)	within the vicinity of land referred to in paragraph (a) or (b),

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.

(6)

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.

(7)

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 or to which an interim heritage order under the Heritage Act 1977 applies):

(a)	notify the Heritage Council of its intention to grant consent, and
(b)	take into consideration any response received from the Heritage Council within 28 days after the notice is sent.

(8)

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:

(a) consider the effect of the proposed development on the heritage significance of the place and any Aboriginal object known or reasonably likely to be located at the place, and

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(b) notify the local Aboriginal communities (in such way as it thinks appropriate) about the application and take into consideration any response received within 28 days after the notice is sent.

(9)

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):

(a)	notify the Heritage Council about the application, and
(b)	take into consideration any response received from the Heritage Council within 28 days after the notice is sent.

(10)

Conservation incentives

The consent authority may grant 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:

(a)	the conservation of the heritage item is facilitated by the granting of consent, and
(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.

5.11 Bush fire hazard reduction

Bush fire hazard reduction work authorised by the Rural Fires

Act 1997 may be carried out on any land without consent.

Note. The Rural Fires Act 1997 also makes provision relating to the carrying out of development on bush fire prone land.

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5.12

Infrastructure development and use of existing buildings of the

Crown

(1)	This Precinct Plan does not restrict or prohibit, or enable the restriction or prohibition of, the carrying out of any development, by or on behalf of a public authority, that is permitted to be carried out without consent under the State Environmental Planning Policy (Infrastructure) 2007.
(2)	This Precinct Plan does not restrict or prohibit, or enable the restriction or prohibition of, the use of existing buildings of the Crown by the Crown.

Part 6 Additional local provisions

6.1

Public utility infrastructure

(1) The consent authority must not grant development consent to development on land to which this Precinct Plan applies unless it is satisfied that any public utility infrastructure that is essential for the proposed development is available or that adequate arrangements have been made to make that infrastructure available when required. (2) In this clause, public utility infrastructure includes infrastructure for any of the following:

(a)	the supply of water,
(b)	the supply of electricity,
(c)	the disposal and management of sewage.

(3) This clause does not apply to development for the purpose of providing, extending, augmenting, maintaining or repairing any public utility infrastructure referred to in this clause.

6.2

Development controls—existing native vegetation areas

(1) The objective of this clause is to manage existing native vegetation areas in accordance with the relevant biodiversity measures under Part 7 of Schedule 7 to the Threatened Species Conservation Act 1995. (2) This clause applies to land within an existing native vegetation area as shown on the Native Vegetation Protection Map. (3) This clause does not apply to any vegetation declared to be noxious weeds under the Noxious Weeds Act 1993. (4) The consent authority must not grant development consent for development on land to which this clause applies unless the

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consent authority is satisfied that the proposed development will not result in the clearing of any existing native vegetation (within the meaning of the relevant biodiversity measures under Part 7 of Schedule 7 to the Threatened Species Conservation Act 1995).

6.3

Development controls—native vegetation retention areas and

riparian protection areas

(1)

The objective of this clause is to prevent the clearing of certain

native vegetation.

(2)

This clause applies to land:

(a)	within a native vegetation retention area as shown on the Native Vegetation Protection Map, or
(b)	within a riparian protection area as shown on the Riparian Protection Area Map.

(3)

This clause does not apply to any native vegetation that the

consent authority is satisfied:

(a)	is dying or dead and is not required as the habitat of native fauna, or
(b)	is a risk to human life or property.

(4)

This clause does not apply to any native vegetation:

(a)	within a State forest, or land reserved from sale as a timber or forest reserve under the Forestry Act 1916, or
(b)	declared to be noxious weeds under the Noxious Weeds Act 1993.

(5)

A person must not clear native vegetation on land to which this

clause applies without:

(a)	approval under Part 3A of the Act, or
(b)	development consent.

Note. A consent of the relevant consent authority required under this clause for the clearing of native vegetation is in addition to any development consent required or granted under the Native Vegetation Act 2003 in respect of that clearing.

(6)

Development consent under this clause is not to be granted unless the consent authority is satisfied of the following in relation to the disturbance of native vegetation:

(a)	that there is no reasonable alternative available to the disturbance of the native vegetation,
(b)	that as little native vegetation as possible will be disturbed,

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(c)	that the disturbance of the native vegetation will not increase soil salinity,
(d)	that native vegetation disturbed for the purposes of construction will be reinstated where possible on completion of construction,
(e)	that the loss of remnant native vegetation caused by the disturbance will be compensated by revegetation on or near the land to avoid any net loss of remnant native vegetation,
(f)	that no more than 0.5 hectare of native vegetation will be cleared unless the clearing is essential for a previously permitted use of the land.

(7)	The consent authority must, when determining a development application in respect of the clearing of native vegetation on land within a zone under this Precinct Plan, have regard to the objectives for development in that zone.
(8)	This clause does not apply to or in respect of action required or authorised to be done by or under the Electricity Supply Act 1995, the Roads Act 1993, the Sydney Water Act 1994 or the Surveying Act 2002.

6.4	Development on land in Zone E3 Environmental Management
(1) This clause applies to land in Zone E3 Environmental Management that is within an existing native vegetation area or native vegetation retention area as shown on the Native Vegetation Protection Map.
(2) The consent authority must not grant development consent to development on land to which this clause applies unless the consent authority is satisfied that the proposed development:

(a)	will be undertaken in a manner that is not inconsistent with the North Kellyville Precinct Environmental Management Plan, and
(b)	will not result in the clearing of any native vegetation.

6.5	Subdivision of land in Zone E4 Environmental Living
(1) The objectives of this clause are as follows:

(a)	to provide for residential development that takes account of the special values of land in Zone E4 Environmental Living,
(b)	to encourage development that will ensure the land is managed and conserved in a holistic and sensitive manner,

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(c)	to promote high quality residential amenity in the urban environment,
(d)	to encourage an innovative and contemporary approach to building design and location that is appropriate to the special values of the land.

(2)

This clause applies to land in Zone E4 Environmental Living.

(3)

The consent authority may grant development consent for the

subdivision of land to which this clause applies, only if:

(a)	the land is subdivided in accordance with the Community Land Development Act 1989 for a neighbourhood scheme, and
(b)	each lot, other than a lot comprising neighbourhood property, to be created by the subdivision will have an area of not less than 600 square metres, and
(c)	the subdivision will not result in more than 7.5 development lots per hectare.

Schedule 1 Additional permitted uses

(Clause 2.5)

Schedule 4

Classification and reclassification of

public land

(Clause 5.2)

Part 1

Land classified, or reclassified, as

operational land—no interests changed

Column 1	Column 2
Locality	Description

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Part 2

Land classified, or reclassified, as

operational land—interests changed

Column 1	Column 2	Column 3
Locality	Description	Any trusts etc not discharged

Part 3

Land classified, or reclassified, as

community land

Column 1	Column 2
Locality	Description

Schedule 5 Environmental heritage

(Clause 5.10)

Heritage items

Precinct	Item name	Address	Significance
North Kellyville	“Yalta”, house and	Lot B, DP 374973,	Local
immediate garden	45 Hezlett Road, Kellyville

[13]      Dictionary

Omit the Dictionary. Insert instead:

Dictionary

(Clause 3)

Aboriginal object means any deposit, object or other material evidence (not being a handicraft made for sale) relating to the Aboriginal habitation of an area of New South Wales, being habitation before or

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concurrent with (or both) the occupation of that area by persons of

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.

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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).

Riparian Protection Area Map means the following:

(a)	in relation to a precinct in the North West Growth Centre, the State Environmental Planning Policy (Sydney Region Growth Centres) 2006—North West Growth Centre Riparian Protection Area Map,
(b)	in relation to a precinct in the South West Growth Centre, the State Environmental Planning Policy (Sydney Region Growth Centres) 2006—South West Growth Centre Riparian Protection Area Map.

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.

Note. For controls relating to the gross floor area, see the following:

(a)	clause 28AA of Appendix 1 in respect of Oran Park and Turner Road Precincts,
(b)	clause 5.4 of Appendix 2 in respect of North Kellyville Precinct.

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.

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.

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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.

secondary dwelling means a self-contained dwelling that:

(a)	is established in conjunction with another dwelling (the principal dwelling), and
(b)	is on the same lot of land (not being an individual lot in a strata plan or community title scheme) as the principal dwelling, and
(c)	is located within, or is attached to, or is separate from, the principal dwelling.

Note. For controls relating to the total floor area, see clause 5.4 of Appendix 2 in respect of North Kellyville Precinct.

self-storage units means storage premises that consist of individual enclosed compartments for storing goods or materials (other than hazardous or offensive goods or materials).

semi-detached dwelling means a dwelling that is on its own lot of land (not being an individual lot in a strata plan or community title scheme) 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.

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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),
(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 reticulation system means a building or place used for the collection and transfer of sewage to a sewage treatment plant or water recycling facility for treatment, or transfer of the treated waste for use or disposal, including associated:

(a)	pipelines and tunnels, and
(b)	pumping stations, and
(c)	dosing facilities, and
(d)	odour control works, and
(e)	sewage overflow structures, and
(f)	vent stacks.

sewage treatment plant means a building or place used for the treatment and disposal of sewage, whether or not the facility supplies recycled water for use as an alternative water supply.

sewerage system means a biosolids treatment facility, sewage reticulation system, sewage treatment plant, water recycling facility, or any combination of these.

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, stationery, 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.

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shop top housing means one or more dwellings located above (or otherwise attached to) ground floor retail premises or business premises.

signage means any sign, notice, device, representation or advertisement that advertises or promotes any goods, services or events and any structure or vessel that is principally designed for, or that is used for, the display of signage, and includes:

(a)	building identification signs, and
(b)	business identification signs, and
(c)	advertisements,

but does not include traffic signs or traffic control facilities.

site area means the area of any land on which development is or is to be

carried out. The land may include the whole or part of one lot, or more

than one lot if they are contiguous to each other, but does not include

the area of any land on which development is not permitted to be carried

out under this Plan.

Note. The effect of this definition is varied by clause 4.5 for the purpose of the determination of permitted floor space area for proposed development.

site coverage means the proportion of a site area covered by buildings. However, the following are not included for the purpose of calculating site coverage:

(a)	any basement,
(b)	any part of an awning that is outside the outer walls of a building and that adjoins the street frontage or other site boundary,
(c)	any eaves,
(d)	unenclosed balconies, decks, pergolas and the like.

South West Growth Centre Development Control Map (Edition 2) means the State Environmental Planning Policy (Sydney Region Growth Centres) 2006—South West Growth Centre Development Control Map (Edition 2).

South West Growth Centre Precinct Boundary Map (Edition 2) means the State Environmental Planning Policy (Sydney Region Growth Centres) 2006—South West Growth Centre Precinct Boundary Map (Edition 2).

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 State Environmental Planning Policy

(Sydney Region Growth Centres) 2006—South West Growth Centre

Special Areas Map.

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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.

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 sheds 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.

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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.

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 means the land shown within the Turner Road

Precinct on the South West Growth Centre Precinct Boundary Map

(Edition 2).

Turner Road Precinct Development Control Plan means the Turner

Road Precinct Development Control Plan made by the

Director-General on 4 December 2007.

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.

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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 purpose 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.

waste disposal land fill operation means use of land for the purpose of

disposing of industrial, trade or domestic waste on that land.

waste disposal 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.

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.

waste or resource management facility means a waste or resource transfer station, a resource recovery facility or a waste disposal facility. waste or resource transfer station means a building or place used for the collection and transfer of waste material or resources, including the receipt, sorting, compacting, temporary storage and distribution of waste or resources and the loading or unloading of waste or resources onto or from road or rail transport.

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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.

water reticulation system means a building or place used for the transport of water, including pipes, tunnels, canals, pumping stations, related electricity infrastructure, dosing facilities and water supply reservoirs.

water storage facility means a dam, weir or reservoir for the collection and storage of water, and includes associated monitoring or gauging equipment.

water supply system means a water reticulation system, water storage

facility, water treatment facility, or any combination of these.

water treatment facility means a building or place used for the

treatment of water (such as a desalination plant or a recycled or

reclaimed water plant) whether the water produced is potable or not, and

includes residuals treatment, storage and disposal facilities, but does not

include a water recycling facility.

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).

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waterway means the whole or any part of a watercourse, wetland,

waterbody (artificial) or waterbody (natural).

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.

BY AUTHORITY