State Environmental Planning Policy (Sydney Region Growth Centres) Amendment (Area 20 Precinct) 2011 (2011-550) LW 21 October 2011 (NSW)
2011 No 550
| New South Wales |
State Environmental Planning Policy
(Sydney Region Growth Centres)
Amendment (Area 20 Precinct) 2011
under the
Environmental Planning and Assessment Act 1979
The Administrator, with the advice of the Executive Council, has made the following State environmental planning policy under the Environmental Planning and Assessment Act 1979.
BRAD HAZZARD, MP
Minister for Planning and Infrastructure
| Published LW 21 October 2011 | Page 1 |
| 2011 No 550 | State Environmental Planning Policy (Sydney Region Growth Centres) |
| Clause 1 | Amendment (Area 20 Precinct) 2011 |
State Environmental Planning Policy (Sydney Region Growth Centres) Amendment (Area 20 Precinct) 2011
under the
Environmental Planning and Assessment Act 1979
1 Name of Policy
This Policy is State Environmental Planning Policy (Sydney Region
Growth Centres) Amendment (Area 20 Precinct) 2011.
2 Commencement
This Policy commences on the day on which it is published on the NSW legislation website.
3 Replacement of maps
Each map adopted by State Environmental Planning Policy (Sydney Region Growth Centres) 2006 that is specified in Column 1 of the following Table is declared by this Policy to be amended or replaced, as the case requires, by the map specified opposite in Column 2 of the Table as approved by the Minister on the making of this Policy.
| Column 1 | Column 2 |
| Name of map being amended or | Name of amending or |
| replaced | replacement map |
| State Environmental Planning Policy | State Environmental Planning Policy |
| (Sydney Region Growth Centres) | (Sydney Region Growth Centres) |
| 2006 North West Growth Centre | 2006 North West Growth Centre |
| Development Control Map | Development Control Map |
| (SEPP_SRGC_NW_DVC_008_020_ | (SEPP_SRGC_NW_DVC_008_020_ |
| 20100330) | 20110829) |
| State Environmental Planning Policy | State Environmental Planning Policy |
| (Sydney Region Growth Centres) | (Sydney Region Growth Centres) |
| 2006 North West Growth Centre | 2006 North West Growth Centre |
| Development Control Map | Development Control Map |
| (SEPP_SRGC_NW_DVC_009_020_ | (SEPP_SRGC_NW_DVC_009_020_ |
| 20100330) | 20110829) |
| State Environmental Planning Policy (Sydney Region Growth Centres) | 2011 No 550 |
| Amendment (Area 20 Precinct) 2011 | Clause 3 |
| Column 1 | Column 2 |
| Name of map being amended or | Name of amending or |
| replaced | replacement map |
| State Environmental Planning Policy | State Environmental Planning Policy |
| (Sydney Region Growth Centres) | (Sydney Region Growth Centres) |
| 2006 North West Growth Centre | 2006 North West Growth Centre |
| Floor Space Ratio Map | Floor Space Ratio Map |
| (SEPP_SRGC_NW_FSR_008_020_ | (SEPP_SRGC_NW_FSR_008_020_ |
| 20100118) | 20110829) |
| State Environmental Planning Policy | State Environmental Planning Policy |
| (Sydney Region Growth Centres) | (Sydney Region Growth Centres) |
| 2006 North West Growth Centre | 2006 North West Growth Centre |
| Floor Space Ratio Map | Floor Space Ratio Map |
| (SEPP_SRGC_NW_FSR_009_020_ | (SEPP_SRGC_NW_FSR_009_020_ |
| 20100330) | 20110829) |
| State Environmental Planning Policy | State Environmental Planning Policy |
| (Sydney Region Growth Centres) | (Sydney Region Growth Centres) |
| 2006 North West Growth Centre | 2006 North West Growth Centre |
| Height of Buildings Map | Height of Buildings Map |
| (SEPP_SRGC_NW_HOB_008_020_ | (SEPP_SRGC_NW_HOB_008_020_ |
| 20100330) | 20110831) |
| State Environmental Planning Policy | State Environmental Planning Policy |
| (Sydney Region Growth Centres) | (Sydney Region Growth Centres) |
| 2006 North West Growth Centre | 2006 North West Growth Centre |
| Height of Buildings Map | Height of Buildings Map |
| (SEPP_SRGC_NW_HOB_009_020_ | (SEPP_SRGC_NW_HOB_009_020_ |
| 20100330) | 20110829) |
| State Environmental Planning Policy | State Environmental Planning Policy |
| (Sydney Region Growth Centres) | (Sydney Region Growth Centres) |
| 2006 North West Growth Centre Land | 2006 North West Growth Centre Land |
| Application Map | Application Map |
| (SEPP_SRGC_NW_LAP_008_020_ | (SEPP_SRGC_NW_LAP_008_020_ |
| 20100330) | 20110829) |
| State Environmental Planning Policy | State Environmental Planning Policy |
| (Sydney Region Growth Centres) | (Sydney Region Growth Centres) |
| 2006 North West Growth Centre Land | 2006 North West Growth Centre Land |
| Application Map | Application Map |
| (SEPP_SRGC_NW_LAP_009_020_ | (SEPP_SRGC_NW_LAP_009_020_ |
| 20100330) | 20110829) |
| 2011 No 550 | State Environmental Planning Policy (Sydney Region Growth Centres) |
| Clause 3 | Amendment (Area 20 Precinct) 2011 |
| Column 1 | Column 2 |
| Name of map being amended or | Name of amending or |
| replaced | replacement map |
| State Environmental Planning Policy | State Environmental Planning Policy |
| (Sydney Region Growth Centres) | (Sydney Region Growth Centres) |
| 2006 North West Growth Centre Land | 2006 North West Growth Centre Land |
| Reservation Acquisition Map | Reservation Acquisition Map |
| (SEPP_SRGC_NW_LRA_008_020_ | (SEPP_SRGC_NW_LRA_008_020_ |
| 20100330) | 20110829) |
| State Environmental Planning Policy | State Environmental Planning Policy |
| (Sydney Region Growth Centres) | (Sydney Region Growth Centres) |
| 2006 North West Growth Centre Land | 2006 North West Growth Centre Land |
| Reservation Acquisition Map | Reservation Acquisition Map |
| (SEPP_SRGC_NW_LRA_008A_01 | (SEPP_SRGC_NW_LRA_008A_01 |
| 0_20100330) | 0_20110829) |
| State Environmental Planning Policy | State Environmental Planning Policy |
| (Sydney Region Growth Centres) | (Sydney Region Growth Centres) |
| 2006 North West Growth Centre Land | 2006 North West Growth Centre Land |
| Reservation Acquisition Map | Reservation Acquisition Map |
| (SEPP_SRGC_NW_LRA_009_020_ | (SEPP_SRGC_NW_LRA_009_020_ |
| 20100330) | 20110829) |
| State Environmental Planning Policy | State Environmental Planning Policy |
| (Sydney Region Growth Centres) | (Sydney Region Growth Centres) |
| 2006 North West Growth Centre Land | 2006 North West Growth Centre Land |
| Reservation Acquisition Map | Reservation Acquisition Map |
| (SEPP_SRGC_NW_LRA_009A_01 | (SEPP_SRGC_NW_LRA_009A_01 |
| 0_20100330) | 0_20110831) |
| State Environmental Planning Policy | State Environmental Planning Policy |
| (Sydney Region Growth Centres) | (Sydney Region Growth Centres) |
| 2006 North West Growth Centre Land | 2006 North West Growth Centre Land |
| Zoning Map | Zoning Map |
| (SEPP_SRGC_NW_LZN_008_020_ | (SEPP_SRGC_NW_LZN_008_020_ |
| 20100415) | 20110831) |
| State Environmental Planning Policy | State Environmental Planning Policy |
| (Sydney Region Growth Centres) | (Sydney Region Growth Centres) |
| 2006 North West Growth Centre Land | 2006 North West Growth Centre Land |
| Zoning Map | Zoning Map |
| (SEPP_SRGC_NW_LZN_008A_010 | (SEPP_SRGC_NW_LZN_008A_010 |
| _20100419) | _20110831) |
| State Environmental Planning Policy (Sydney Region Growth Centres) | 2011 No 550 |
| Amendment (Area 20 Precinct) 2011 | Clause 3 |
| Column 1 | Column 2 |
| Name of map being amended or | Name of amending or |
| replaced | replacement map |
| State Environmental Planning Policy | State Environmental Planning Policy |
| (Sydney Region Growth Centres) | (Sydney Region Growth Centres) |
| 2006 North West Growth Centre Land | 2006 North West Growth Centre Land |
| Zoning Map | Zoning Map |
| (SEPP_SRGC_NW_LZN_009_020_ | (SEPP_SRGC_NW_LZN_009_020_ |
| 20100415) | 20110831) |
| State Environmental Planning Policy | State Environmental Planning Policy |
| (Sydney Region Growth Centres) | (Sydney Region Growth Centres) |
| 2006 North West Growth Centre Land | 2006 North West Growth Centre Land |
| Zoning Map | Zoning Map |
| (SEPP_SRGC_NW_LZN_009A_010 | (SEPP_SRGC_NW_LZN_009A_010 |
| _20100419) | _20110831) |
| State Environmental Planning Policy | State Environmental Planning Policy |
| (Sydney Region Growth Centres) | (Sydney Region Growth Centres) |
| 2006 North West Growth Centre Lot | 2006 North West Growth Centre Lot |
| Size Map | Size Map |
| (SEPP_SRGC_NW_LSZ_008_020_ | (SEPP_SRGC_NW_LSZ_008_020_ |
| 20100317) | 20110906) |
| State Environmental Planning Policy | State Environmental Planning Policy |
| (Sydney Region Growth Centres) | (Sydney Region Growth Centres) |
| 2006 North West Growth Centre Lot | 2006 North West Growth Centre Lot |
| Size Map | Size Map |
| (SEPP_SRGC_NW_LSZ_009_020_ | (SEPP_SRGC_NW_LSZ_009_020_ |
| 20081203) | 20110906) |
| State Environmental Planning Policy | State Environmental Planning Policy |
| (Sydney Region Growth Centres) | (Sydney Region Growth Centres) |
| 2006 North West Growth Centre | 2006 North West Growth Centre |
| Native Vegetation Protection Map | Native Vegetation Protection Map |
| (SEPP_SRGC_NW_NVP_008_020_ | (SEPP_SRGC_NW_NVP_008_020_ |
| 20100415) | 20110829) |
| State Environmental Planning Policy | State Environmental Planning Policy |
| (Sydney Region Growth Centres) | (Sydney Region Growth Centres) |
| 2006 North West Growth Centre | 2006 North West Growth Centre |
| Native Vegetation Protection Map | Native Vegetation Protection Map |
| (SEPP_SRGC_NW_NVP_009_020_ | (SEPP_SRGC_NW_NVP_009_020_ |
| 20100415) | 20110829) |
| 2011 No 550 | State Environmental Planning Policy (Sydney Region Growth Centres) |
| Clause 3 | Amendment (Area 20 Precinct) 2011 |
| Column 1 | Column 2 |
| Name of map being amended or | Name of amending or |
| replaced | replacement map |
| State Environmental Planning Policy | State Environmental Planning Policy |
| (Sydney Region Growth Centres) | (Sydney Region Growth Centres) |
| 2006 North West Growth Centre | 2006 North West Growth Centre |
| Precinct Boundary Map | Precinct Boundary Map |
| (SEPP_SRGC_NW_PCB_008_020_ | (SEPP_SRGC_NW_PCB_008_020_ |
| 20100118) | 20110829) |
| State Environmental Planning Policy | State Environmental Planning Policy |
| (Sydney Region Growth Centres) | (Sydney Region Growth Centres) |
| 2006 North West Growth Centre | 2006 North West Growth Centre |
| Precinct Boundary Map | Precinct Boundary Map |
| (SEPP_SRGC_NW_PCB_009_020_ | (SEPP_SRGC_NW_PCB_009_020_ |
| 20100330) | 20110829) |
| State Environmental Planning Policy | State Environmental Planning Policy |
| (Sydney Region Growth Centres) | (Sydney Region Growth Centres) |
| 2006 North West Growth Centre | 2006 North West Growth Centre |
| Residential Density Map | Residential Density Map |
| (SEPP_SRGC_NW_RDN_008_020_ | (SEPP_SRGC_NW_RDN_008_020_ |
| 20100330) | 20110829) |
| State Environmental Planning Policy | State Environmental Planning Policy |
| (Sydney Region Growth Centres) | (Sydney Region Growth Centres) |
| 2006 North West Growth Centre | 2006 North West Growth Centre |
| Residential Density Map | Residential Density Map |
| (SEPP_SRGC_NW_RDN_009_020_ | (SEPP_SRGC_NW_RDN_009_020_ |
| 20100415) | 20110829) |
| Nil | State Environmental Planning Policy (Sydney Region Growth Centres) 2006 North West Growth Centre Special Areas Map (SEPP_SRGC_NW_SAM_008_020_ 20110829) |
| Nil | State Environmental Planning Policy (Sydney Region Growth Centres) 2006 North West Growth Centre Special Areas Map (SEPP_SRGC_NW_SAM_009_020_ 20110829) |
| State Environmental Planning Policy (Sydney Region Growth Centres) | 2011 No 550 |
| Amendment (Area 20 Precinct) 2011 | Clause 4 |
4 Repeal of Policy
|
| 2011 No 550 | State Environmental Planning Policy (Sydney Region Growth Centres) Amendment (Area 20 Precinct) 2011 |
| Schedule 1 | Amendment of State Environmental Planning Policy (Sydney Region Growth Centres) 2006 |
| Schedule 1 | Amendment of State Environmental Planning Policy (Sydney Region Growth Centres) 2006 |
[1] Clause 7 Controls applying to precincts after finalisation of precinct planning process
Insert at the end of the Table to the clause in Columns 1 and 2, respectively:
| Area 20 Precinct, North West Growth | Appendix 6 |
| Centre (as shown on the Land Application Map) |
[2] Clause 21 Land to which Part applies
Insert after clause 21 (4) (d):
| (e) | land to which the Area 20 Precinct Plan 2011 (as referred to in Appendix 6) applies. |
[3] Appendix 6
Insert after Appendix 5:
| ||
| ||
| 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. | ||
|
This Precinct Plan is the Area 20 Precinct Plan 2011.
| 1.2 | Aims of Precinct Plan |
The aims of this Precinct Plan are as follows:
| (a) | to make development controls for land in the Area 20 Precinct within the North West Growth Centre that will ensure the creation of quality environments and good design outcomes, |
| State Environmental Planning Policy (Sydney Region Growth Centres) | 2011 No 550 |
| Amendment (Area 20 Precinct) 2011 |
| Amendment of State Environmental Planning Policy (Sydney Region | Schedule 1 |
| Growth Centres) 2006 |
| (b) | to protect and enhance the environmentally sensitive natural areas in, and the cultural heritage of, the Precinct, |
| (c) | to provide for recreational opportunities within the Precinct, |
| (d) | to provide for multifunctional and innovative development in the Precinct that encourages employment and economic growth, |
| (e) | to promote housing choice and affordability in the Precinct, |
| (f) | to provide for the sustainable development of the Precinct, |
| (g) | to promote pedestrian and vehicle connectivity with adjoining Precincts and localities and within the Precinct. |
| 1.3 | Land to which Precinct Plan applies |
This Precinct Plan applies to land within the Area 20 Precinct as shown on the Land Application Map.
Note. The Land Application Map differs from the Precinct Boundary Map and, as such, this Precinct Plan does not apply to all the land within the Area 20 Precinct (as shown on the Precinct Boundary Map).
| 1.4 | Definition |
In this Precinct Plan, Council means Blacktown City Council.
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. | ||
|
| 2011 No 550 | State Environmental Planning Policy (Sydney Region Growth Centres) Amendment (Area 20 Precinct) 2011 |
| Schedule 1 | Amendment of State Environmental Planning Policy (Sydney Region Growth Centres) 2006 |
| 1.8A | Savings provision relating to pending development applications |
If a development application has been made before the commencement of this Precinct Plan in relation to land to which this Precinct Plan applies and the application has not been finally determined before that commencement, the application must be determined as if this Precinct Plan had not commenced.
| 1.9 | Application of SEPPs | |
|
Note. Section 36 of the Act generally provides that SEPPs prevail over LEPs and other instruments. However, an environmental planning instrument may (by an additional provision included in the instrument) displace or amend a SEPP or LEP to deal specifically with the relationship between the instrument and the SEPP or LEP.
(2) The following State environmental planning policies (or provisions) do not apply to the land to which this Precinct Plan applies:
State Environmental Planning Policy No 1—Development
Standards
State Environmental Planning Policy No 4—Development
Without Consent and Miscellaneous Exempt and Complying
Development (clause 6 and Part 3)
State Environmental Planning Policy No 60—Exempt and
Complying Development
| (3) | Subject to section 74 (1) of the Act, in the event of an inconsistency between this Precinct Plan and any other provision of this or any other environmental planning instrument, whether made before or after the commencement of this Precinct Plan, this Precinct Plan prevails to the extent of the inconsistency. |
| Note. The other provisions of this State environmental planning policy also contain provisions applying development controls to the North West Growth Centre, including the Area 20 Precinct. |
| Part 2 | Permitted or prohibited development |
| 2.1 | Land use zones |
The land use zones under this Precinct Plan are as follows:
Residential Zones
R2 Low Density Residential
R3 Medium Density Residential
| State Environmental Planning Policy (Sydney Region Growth Centres) | 2011 No 550 |
| Amendment (Area 20 Precinct) 2011 |
| Amendment of State Environmental Planning Policy (Sydney Region | Schedule 1 |
| Growth Centres) 2006 |
Business Zones
B2 Local Centre
B4 Mixed Use
Industrial Zones
IN2 Light Industrial
Special Purpose Zones
SP2 Infrastructure
Recreation Zones
RE1 Public Recreation
Environment Protection Zones
E2 Environmental Conservation
| 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 | |
|
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: | |||
|
| 2011 No 550 | State Environmental Planning Policy (Sydney Region Growth Centres) Amendment (Area 20 Precinct) 2011 |
| Schedule 1 | Amendment of State Environmental Planning Policy (Sydney Region Growth Centres) 2006 |
| (4) | This clause is subject to the other provisions of this Precinct Plan. |
| Notes. |
1 Schedule 1 to this Appendix sets out additional permitted uses for particular land.
2 Schedule 1 to this Policy 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 Schedule 2 to this Policy 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.
6 Part 6 sets out additional permitted uses for particular land.
| 2.4 | Unzoned land | |||
|
| (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 | |
|
| (a) | with consent, or |
| (b) | if the Schedule so provides—without consent, |
in accordance with the conditions (if any) specified in that
Schedule in relation to that development.
| (2) | This clause has effect despite anything to the contrary in the Land Use Table at the end of this Part or other provision of this Precinct Plan. |
| 2.6 | Subdivision—consent requirements |
Land to which this Precinct Plan applies may be subdivided, but only with consent.
| State Environmental Planning Policy (Sydney Region Growth Centres) | 2011 No 550 |
| Amendment (Area 20 Precinct) 2011 |
| Amendment of State Environmental Planning Policy (Sydney Region | Schedule 1 |
| Growth Centres) 2006 |
| 2.7 | 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 State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 as exempt development.
| 2.8 | Temporary use of land | |||||
|
| (a) | the temporary use will not prejudice the subsequent carrying out of development on the land in accordance with this Precinct Plan and this or any other applicable environmental planning instrument, and |
| (b) | the temporary use will not adversely impact on any adjoining land or the amenity of the neighbourhood, and |
| (c) | the temporary use and location of any structures related to the use will not adversely impact on environmental attributes or features of the land, or increase the risk of natural hazards that may affect the land, and |
| (d) | at the end of the temporary use period, the site will, as far as is practicable, be restored to the condition in which it was before the commencement of the use. |
| (4) | Despite subclause (2), the temporary use of a dwelling as a sales office for a new release area or a new housing estate may exceed the maximum number of days specified in that subclause. |
| (5) | Subclause (3) (d) does not apply to the temporary use of a dwelling as a sales office mentioned in subclause (4). |
| (6) | This clause does not prescribe a development standard that may be varied under this Precinct Plan. |
| 2011 No 550 | State Environmental Planning Policy (Sydney Region Growth Centres) Amendment (Area 20 Precinct) 2011 |
| Schedule 1 | Amendment of State Environmental Planning Policy (Sydney Region Growth Centres) 2006 |
Land Use Table
Note. Part 6 of this Precinct Plan sets out local provisions which include additional permissible land uses and heads of consideration for assessment.
| Zone R2 | Low Density Residential |
1 Objectives of zone
| • | To provide for the housing needs of the community within a low density residential environment. |
| • | To enable other land uses that provide facilities or services to meet the day to day needs of residents. |
| • | To allow people to carry out a reasonable range of activities from their homes, where such activities are not likely to adversely affect the living environment of neighbours. |
| • | To support the well-being of the community, by enabling educational, recreational, community, religious and other activities where compatible with the amenity of a low density residential environment. |
2 Permitted without consent
Home occupations
3 Permitted with consent
Bed and breakfast accommodation; Business identification signs; Child care centres; Community facilities; Dual occupancies; Dwelling houses; Drainage; Earthworks; Educational establishments; Environmental protection works; Exhibition homes; Exhibition villages; Group homes; Health consulting rooms; Home-based child care; Home businesses; Home industries; Information and education facilities; Neighbourhood shops; Places of public worship; Roads; Secondary dwellings; Semi-detached dwellings; Shop top housing; Swimming pools; Veterinary hospitals
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. |
| State Environmental Planning Policy (Sydney Region Growth Centres) | 2011 No 550 |
| Amendment (Area 20 Precinct) 2011 |
| Amendment of State Environmental Planning Policy (Sydney Region | Schedule 1 |
| Growth Centres) 2006 |
| • | 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 support the well-being of the community by enabling educational, recreational, community, religious and other activities where compatible with the amenity of a medium density residential environment. |
2 Permitted without consent
Home occupations
3 Permitted with consent
Attached dwellings; Bed and breakfast accommodation; Boarding houses; Child care centres; Community facilities; Dual occupancies; Group homes; Multi dwelling housing; Neighbourhood shops; Places of public worship; Residential flat buildings; Roads; Semi-detached dwellings; Shop top housing; Any other development not specified in item 2 or 4
4 Prohibited
Agriculture; Air transport facilities; Airstrips; Amusement centres; Biosolid waste applications; Boat repair facilities; Boat sheds; Business premises; Caravan parks; Cemeteries; Charter and tourism boating facilities; Correctional centres; Crematoria; Depots; Dwelling houses; Entertainment facilities; Freight transport facilities; Function centres; Helipads; Highway service centres; Home occupations (sex services); Industries; Marinas; Mortuaries; Moveable dwellings; Office premises; Passenger transport facilities; Port facilities; Public administration buildings; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Restriction facilities; Retail premises; Rural supplies; Rural workers’ dwellings; Service stations; Sex services premises; Signage; Storage premises; Tourist and visitor accommodation; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Waste or resource management facilities; Wholesale supplies
| 2011 No 550 | State Environmental Planning Policy (Sydney Region Growth Centres) Amendment (Area 20 Precinct) 2011 |
| Schedule 1 | Amendment of State Environmental Planning Policy (Sydney Region Growth Centres) 2006 |
| Zone B2 | Local Centre |
1 Objectives of zone
| • | To provide a range of retail, business, entertainment and community uses that 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 provide for residential development that contributes to the vitality of the local centre. |
| • | To ensure that residential development within the centre does not detract from the primary function of the centre being to provide for retail, business, entertainment and community uses. |
| • | To facilitate active retail, commercial, entertainment and community facility uses at ground level of mixed use developments. |
| • | To encourage development which will contribute to the economic growth of, and creation of employment opportunities within, the City of Blacktown. |
2 Permitted without consent
Home occupations
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; Vehicle repair stations; Any other development not specified in item 2 or 4
4 Prohibited
Agriculture; Air transport facilities; Airstrips; Biosolids treatment facilities; Boat repair facilities; Boat sheds; Caravan parks; Cemeteries; Correctional centres; Crematoria; Depots; Electricity generating works; Exhibition villages; Extractive industries; Farm buildings; Freight transport facilities; Funeral chapels; Funeral homes; Helipads; Highway service centres;
| State Environmental Planning Policy (Sydney Region Growth Centres) | 2011 No 550 |
| Amendment (Area 20 Precinct) 2011 |
| Amendment of State Environmental Planning Policy (Sydney Region | Schedule 1 |
| Growth Centres) 2006 |
Home occupations (sex services); Industrial retail outlets; Industries; Mortuaries; Port facilities; Residential accommodation; Restricted premises; Restriction facilities; Roadside stalls; Rural industries; Rural supplies; Rural workers’ dwellings; Sex services premises; Storage premises; Transport depots; Vehicle body repair workshops; Warehouse or distribution centres; Waste management facilities; Waste or resource management facilities
| Zone B4 | Mixed Use |
1 Objectives of zone
| • | To provide a mixture of compatible land uses. |
| • | To integrate suitable business, office, residential, retail and other development in accessible locations so as to maximise public transport patronage and encourage walking and cycling. |
| • | To facilitate active retail, commercial, entertainment and community uses at ground level of mixed use developments. |
| • | To provide for residential development that contributes to the vitality of the local centre. |
| • | To ensure that residential development adjacent to the local centre does not detract from the primary function of the centre being to provide for retail, business, entertainment and community uses. |
2 Permitted without consent
Home occupations
3 Permitted with consent
Boarding houses; Business premises; Car parks; Child care centres; Community facilities; Educational establishments; Entertainment facilities; Function centres; Hotel or motel accommodation; Information and education facilities; Office premises; Passenger transport facilities; Recreation facilities (indoor); Registered clubs; Residential flat buildings; Retail premises; Roads; Seniors housing; Shop top housing; Any other development not specified in item 2 or 4
| 2011 No 550 | State Environmental Planning Policy (Sydney Region Growth Centres) Amendment (Area 20 Precinct) 2011 |
| Schedule 1 | Amendment of State Environmental Planning Policy (Sydney Region Growth Centres) 2006 |
4 Prohibited
Agriculture; Air transport facilities; Airstrips; Biosolids treatment facilities; Boat repair facilities; Boat sheds; Bulky goods premises; Caravan parks; Cemeteries; Correctional centres; Crematoria; Depots; Exhibition villages; Extractive industries; Farm buildings; Freight transport facilities; Funeral chapels; Funeral homes; Helipads; Highway service centres; Home occupations (sex services); Industrial retail outlets; Industries; Mortuaries; Port facilities; Public administration buildings; Recreation facilities (major); Residential accommodation; Restricted premises; Rural industries; Rural supplies; Rural workers’ dwellings; Sex services premises; Storage premises; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Warehouse or distribution centres; Waste management facilities; Waste or resource management facilities; Wholesale supplies
Zone IN2 Light Industrial
1 Objectives of zone
| • | To provide a wide range of light industrial, warehouse and related land uses. |
| • | To encourage employment opportunities and to support the viability of centres. |
| • | To minimise any adverse effect of industry on other land uses. |
| • | To enable other land uses that provide facilities or services to meet the day to day needs of workers in the area. |
2 Permitted without consent
Nil
3 Permitted with consent
Depots; Earthworks; Food and drink premises; Freight transport facilities; Landscape and garden supplies; Light industries; Neighbourhood shops; Roads; Service stations; Timber and building supplies; Vehicle body repair workshops; Vehicle repair stations; Warehouse or distribution centres; Any other development not specified in item 2 or 4
| State Environmental Planning Policy (Sydney Region Growth Centres) | 2011 No 550 |
| Amendment (Area 20 Precinct) 2011 |
| Amendment of State Environmental Planning Policy (Sydney Region | Schedule 1 |
| Growth Centres) 2006 |
4 Prohibited
Agriculture; Air transport facilities; Airstrips; Biosolid waste applications; Bulky goods premises; Business premises; Caravan parks; Cemeteries; Correctional centres; Entertainment facilities; Exhibition homes; Exhibition villages; Farm buildings; Function centres; Hazardous storage establishments; Helipads; Home-based child care; Home businesses; Home occupations; Home occupations (sex services); Hospitals; Industries; Information and education facilities; Moveable dwellings; Offensive storage establishments; Office premises; Public administration buildings; Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Residential accommodation; Restriction facilities; Retail premises; Tourist and visitor accommodation; 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. |
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; Drainage; Earthworks; Environmental protection works; Flood mitigation works; 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. |
| 2011 No 550 | State Environmental Planning Policy (Sydney Region Growth Centres) Amendment (Area 20 Precinct) 2011 |
| Schedule 1 | Amendment of State Environmental Planning Policy (Sydney Region Growth Centres) 2006 |
| • | To protect and enhance the natural environment for recreational purposes. |
2 Permitted without consent
Nil
3 Permitted with consent
Building identification signs; Business identification signs; Community facilities; Earthworks; Environmental facilities; Environmental protection works; Flood mitigation works; Kiosks; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Roads; Water recycling facilities; Waterbodies (artificial)
4 Prohibited
Any development not specified in item 2 or 3
| Zone E2 | Environmental Conservation |
1 Objectives of zone
| • | To protect, manage and restore areas of high ecological, scientific, cultural or aesthetic values. |
| • | To prevent development that could destroy, damage or otherwise have an adverse effect on those values. |
2 Permitted without consent
Nil
3 Permitted with consent
Earthworks; Environmental facilities; Environmental protection works; Flood mitigation works; Information and education facilities; Kiosks; Recreation areas; Roads; Signage; Waterbodies (artificial)
4 Prohibited
Business premises; Hotel or motel accommodation; Industries; Multi dwelling housing; Recreation facilities (major); Residential flat buildings; Retail premises; Seniors housing; Service stations; Warehouse or distribution centres; Any other development not specified in item 2 or 3
| State Environmental Planning Policy (Sydney Region Growth Centres) | 2011 No 550 |
| Amendment (Area 20 Precinct) 2011 |
| Amendment of State Environmental Planning Policy (Sydney Region | Schedule 1 |
| Growth Centres) 2006 |
| Part 3 | Exempt and complying development |
| 3.1 | Exempt development |
Note. Under section 76 of the Act, exempt development may be carried out without the need for development consent under Part 4 of the Act or for assessment under Part 5 of the Act.
The section states that exempt development:
| (a) | must be of minimal environmental impact, and |
| (b) | cannot be carried out in critical habitat of an endangered species, population or ecological community (identified under the Threatened Species Conservation Act 1995 or the Fisheries Management Act 1994), and |
| (c) | cannot be carried out in a wilderness area (identified under the Wilderness Act 1987). |
| (1) | The objective of this clause is to identify development of minimal environmental impact as exempt development. | |||||||
| (2) | Development specified in Schedule 1 to this Policy that meets the standards for the development contained in that Schedule and that complies with the requirements of this Part is exempt development. | |||||||
| (3) | To be exempt development, the development: | |||||||
| ||||||||
| (4) | Development that relates to an existing building that is classified under the Building Code of Australia as class 1b or class 2–9 is exempt development only if: | |||||||
| ||||||||
| (5) | To be exempt development, the development must: | |||||||
|
| 2011 No 550 | State Environmental Planning Policy (Sydney Region Growth Centres) Amendment (Area 20 Precinct) 2011 |
| Schedule 1 | Amendment of State Environmental Planning Policy (Sydney Region Growth Centres) 2006 |
| (b) | not involve the removal or pruning of a tree or other vegetation that requires a permit or development consent for removal or pruning, unless that removal or pruning is undertaken in accordance with a permit or development consent. |
Note. A permit for the removal or pruning of a tree or other vegetation may be granted under this Plan. A development consent for the removal of native vegetation may be granted where relevant under the Native Vegetation Act 2003.
| (6) | A heading to an item in Schedule 1 to this Policy is part of that Schedule. |
| 3.2 | Complying development |
Note. Under section 76A of the Act, development consent for the carrying out of complying development may be obtained by the issue of a complying development certificate.
| (1) | The objective of this clause is to identify development as complying development. | |||||
| (2) | Development specified in Part 1 of Schedule 2 to this Policy that is carried out in compliance with: | |||||
| ||||||
| is complying development. | ||||||
| Note. See also clause 5.8 (3) which provides that the conversion of fire alarms is complying development in certain circumstances. | ||||||
| (3) | To be complying development, the development must: | |||||
| ||||||
| (4) | A complying development certificate for development specified in Part 1 of Schedule 2 to this Policy is subject to the conditions (if any) set out in Part 2 of that Schedule. | |||||
| (5) | A heading to an item in Schedule 2 to this Policy is taken to be part of that Schedule. |
| State Environmental Planning Policy (Sydney Region Growth Centres) | 2011 No 550 |
| Amendment (Area 20 Precinct) 2011 |
| Amendment of State Environmental Planning Policy (Sydney Region | Schedule 1 |
| Growth Centres) 2006 |
| 3.3 | Environmentally sensitive areas excluded | |||
|
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, |
| (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 in Zone E2 Environmental Conservation, |
| (l) | land that is shown as a native vegetation retention area or an existing native vegetation area on the Native Vegetation Protection Map. |
| 2011 No 550 | State Environmental Planning Policy (Sydney Region Growth Centres) Amendment (Area 20 Precinct) 2011 |
| Schedule 1 | Amendment of State Environmental Planning Policy (Sydney Region Growth Centres) 2006 |
| Part 4 | Principal development standards |
| 4.1 | Minimum subdivision lot size | |
|
| (a) | to ensure orderly and efficient use of land, |
| (b) | to ensure a minimum lot size sufficient for development, |
| (c) | to allow for a range of lot sizes that cater for a diversity of land uses and employment activities. |
| (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 or community title scheme. |
| 4.1A | Minimum lot sizes for residential development |
| (1) The objectives of this clause are as follows: |
| (a) | to establish minimum lot sizes for residential development, |
| (b) | to ensure that residential development in the Area 20 Precinct results in the efficient use of land and contributes to the supply of new housing in the North West Growth Centre, |
| (c) | to ensure that residential development has adequate usable areas for buildings and open space, |
| (d) | to ensure that residential development is compatible with the character of the Area 20 Precinct and with surrounding residential areas, |
| (e) | to facilitate and encourage the provision of a range of dwelling types. |
| (2) | The minimum lot size for certain residential development is set out in the table below. | |||||
|
| State Environmental Planning Policy (Sydney Region Growth Centres) | 2011 No 550 |
| Amendment (Area 20 Precinct) 2011 |
| Amendment of State Environmental Planning Policy (Sydney Region | Schedule 1 |
| Growth Centres) 2006 |
| Dwelling type | Minimum lot size |
| Dual occupancy | 500 square metres |
| Secondary dwellings | 450 square metres |
| Attached dwellings | 375 square metres |
| Multi dwelling housing | 1500 square metres |
| Residential flat buildings | 2000 square metres |
| (3) | Where residential development of a kind referred to in the table to subclause (2) is proposed on land with a split zoning that includes land in Zone R2 Low Density Residential or Zone R3 Medium Density, the area of so much of the land as is within that zone must be no less than the minimum lot size set out in that table. |
| (4) | This clause applies to the development of any land shown on the Residential Density Map that is carried out after the commencement of this Precinct Plan. |
| 4.1B | Residential density | |
|
| (a) | to establish minimum density requirements for residential development within the Area 20 Precinct, and |
| (b) | to ensure that residential development makes efficient use of land and infrastructure, and contributes to the availability of new housing, and |
| (c) | to ensure that the scale of residential development is compatible with the character of the precinct and adjoining land. |
| (2) | This clause applies to residential development of the kind referred to in clause 4.1A (2) that: | |||||
| ||||||
| (3) | The density of any residential development to which this clause applies is not to be less than the density shown on the Residential Density Map in relation to that land. |
| 2011 No 550 | State Environmental Planning Policy (Sydney Region Growth Centres) Amendment (Area 20 Precinct) 2011 |
| Schedule 1 | Amendment of State Environmental Planning Policy (Sydney Region Growth Centres) 2006 |
| (4) | In this clause: |
| density means the net developable area in hectares of the land on which the development is situated divided by the number of dwellings proposed to be located on that land. | |
| net developable area means the land occupied by the development, including internal streets plus half the width of any adjoining access roads that provide vehicular access, but excluding land that is not zoned for residential purposes. |
| 4.3 | Height of buildings | |
|
| (a) | to establish the maximum height of buildings on land within the Area 20 Precinct, |
| (b) | to minimise visual impact and protect the amenity of adjoining development and land in terms of solar access to buildings and open space, |
| (c) | to facilitate higher density development in and around commercial centres and major transport routes. |
| (2) | 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. |
| 4.4 | Floor space ratio | |||
| ||||
| 4.5 | Calculation of floor space ratio and site area | |||
|
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: | |
|
| State Environmental Planning Policy (Sydney Region Growth Centres) | 2011 No 550 |
| Amendment (Area 20 Precinct) 2011 |
| Amendment of State Environmental Planning Policy (Sydney Region | Schedule 1 |
| Growth Centres) 2006 |
(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: | ||||
| ||||
| In addition, subclauses (4)–(7) apply to the calculation of the 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: | ||||
| ||||
| (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. |
| 2011 No 550 | State Environmental Planning Policy (Sydney Region Growth Centres) Amendment (Area 20 Precinct) 2011 |
| Schedule 1 | Amendment of State Environmental Planning Policy (Sydney Region Growth Centres) 2006 |
| (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. | ||||
| (9) | Covenants to prevent “double dipping” | |||
| When development 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: | ||||
| ||||
| 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. |
| State Environmental Planning Policy (Sydney Region Growth Centres) | 2011 No 550 |
| Amendment (Area 20 Precinct) 2011 |
| Amendment of State Environmental Planning Policy (Sydney Region | Schedule 1 |
| Growth Centres) 2006 |
| 4.6 | Exceptions to development standards | |
|
| (a) | to provide an appropriate degree of flexibility in applying certain development standards to particular development, |
| (b) | to achieve better outcomes for and from development by allowing flexibility in particular circumstances. |
| (2) | Development 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: | |||
| ||||
| (4) | Development consent must not be granted for development that contravenes a development standard unless: | |||
|
(i) the applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3), and
(ii) the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out, and
| (b) | the concurrence of the Director-General has been obtained. |
| (5) | In deciding whether to grant concurrence, the Director-General must consider: | |
|
| 2011 No 550 | State Environmental Planning Policy (Sydney Region Growth Centres) Amendment (Area 20 Precinct) 2011 |
| Schedule 1 | Amendment of State Environmental Planning Policy (Sydney Region Growth Centres) 2006 |
| (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) | Development consent must not be granted under this clause for a subdivision of land in Zone RU1 Primary Production, Zone RU2 Rural Landscape, Zone RU3 Forestry, Zone RU4 Primary Production Small Lots, Zone RU6 Transition, Zone R5 Large Lot Residential, Zone E2 Environmental Conservation, Zone E3 Environmental Management or Zone E4 Environmental Living if: | |||||
| ||||||
| Note. When this Precinct Plan was made it did not include any of these zones other than Zone E2 Environmental Conservation. | ||||||
| (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 development consent to be granted for development that would contravene any of the following: | |||||
|
| Part 5 | Miscellaneous provisions |
| 5.1 | Relevant acquisition authority | |
|
| State Environmental Planning Policy (Sydney Region Growth Centres) | 2011 No 550 |
| Amendment (Area 20 Precinct) 2011 |
| Amendment of State Environmental Planning Policy (Sydney Region | Schedule 1 |
| Growth Centres) 2006 |
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 | ||||
| ||||
| marked “Local Open Space” | ||||
| ||||
| marked “Classified Road” | ||||
| ||||
| marked “Local Drainage” | ||||
| ||||
| marked “Trunk Drainage” | ||||
| ||||
| marked “Local Road” | ||||
| ||||
| (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. | |||
| Note. If land, other than land specified in the Table to subclause (2), is required to be acquired under the owner-initiated acquisition provisions, the Minister for Planning and Infrastructure is required to take action to enable the designation of the acquiring authority under this Part. Pending the designation of the acquiring authority for that land, the acquiring authority is to be the authority determined by order of the Minister for Planning and Infrastructure (see section 21 of the Land Acquisition (Just Terms Compensation) Act 1991). |
| 2011 No 550 | State Environmental Planning Policy (Sydney Region Growth Centres) Amendment (Area 20 Precinct) 2011 |
| Schedule 1 | Amendment of State Environmental Planning Policy (Sydney Region Growth Centres) 2006 |
| 5.2 | Classification and reclassification of public land | |
|
Note. Under the Local Government Act 1993, “public land” is generally land vested in or under the control of a council (other than roads, Crown reserves and commons). The classification or reclassification of public land may also be made by a resolution of the Council under section 31, 32 or 33 of the Local Government Act 1993. Section 30 of that Act enables this Precinct Plan to discharge trusts on which public reserves are held if the land is reclassified under this Precinct Plan as operational land.
| (2) | The public land described in Part 1 or Part 2 of Schedule 4 to this Appendix 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 to this Appendix is classified, or reclassified, as community land for the purposes of the Local Government Act 1993. | |||||
| (4) | The public land described in Part 1 of Schedule 4: | |||||
| ||||||
| (5) | The public land described in Part 2 of Schedule 4, to the extent (if any) that it is a public reserve, ceases to be a public reserve when the description of the land is inserted into that Part and is discharged from all trusts, estates, interests, dedications, conditions, restrictions and covenants affecting the land or any part of the land, except: | |||||
| ||||||
| Note. In accordance with section 30 (2) of the Local Government Act 1993, the approval of the Governor to subclause (5) applying to the public land concerned is required before the description of the land is inserted in Part 2 of Schedule 4 to this Appendix. |
| State Environmental Planning Policy (Sydney Region Growth Centres) | 2011 No 550 |
| Amendment (Area 20 Precinct) 2011 |
| Amendment of State Environmental Planning Policy (Sydney Region | Schedule 1 |
| Growth Centres) 2006 |
| 5.3 | Development near zone boundaries | |||
|
| (a) | in the case of a boundary between land zoned SP2 Infrastructure (Railway) and land zoned B2 Local Centre, B4 Mixed Use or IN2 Light Industrial—100 metres, |
| (b) | in the case of a boundary between land zoned B2 Local Centre and land zoned B4 Mixed Use—100 metres, |
| (c) | in any other case—30 metres. |
| (3) | A reference in subclause (2) to land zoned SP2 Infrastructure (Railway) is a reference to land zoned SP2 Infrastructure that is marked “Railway” on the Land Zoning Map. | |||
| (4) | This clause does not apply to: | |||
| ||||
| (5) | 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: | |||
| ||||
| (6) | The clause does not prescribe a development standard that may be varied under this Precinct Plan. |
| 2011 No 550 | State Environmental Planning Policy (Sydney Region Growth Centres) Amendment (Area 20 Precinct) 2011 |
| Schedule 1 | Amendment of State Environmental Planning Policy (Sydney Region Growth Centres) 2006 |
| 5.4 | Controls relating to miscellaneous permissible uses | |
|
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.
Note. Any such development that provides for a certain number of guests or rooms may involve a change in the class of building under the Building Code of Australia.
| (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 30 square metres of gross 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 home industry must not involve the use of more than 30 square metres of gross floor area. | ||||
| (4) | Industrial retail outlets | |||
| If development for the purposes of an industrial retail outlet is permitted under this Precinct Plan, the retail gross floor area must not exceed: | ||||
| ||||
| 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 30 square metres. |
| State Environmental Planning Policy (Sydney Region Growth Centres) | 2011 No 550 |
| Amendment (Area 20 Precinct) 2011 |
| Amendment of State Environmental Planning Policy (Sydney Region | Schedule 1 |
| Growth Centres) 2006 |
| (7) | Neighbourhood shops | |||
| If development for the purposes of a neighbourhood shop is permitted under this Precinct Plan, the retail gross floor area must not exceed 100 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 8 square metres. | ||||
| (9) | Secondary dwellings | |||
| If development for the purposes of a secondary dwelling is permitted under this Precinct Plan, the total gross floor area of the dwelling (excluding any area used for parking) must not exceed whichever of the following is the greater: | ||||
|
| 5.6 | Architectural roof features | |
|
| (a) | to ensure that architectural roof features are decorative elements only, and |
| (b) | to ensure that the majority of the roof features are contained within the prescribed building height. |
| (2) | Development that includes an architectural roof feature that exceeds, or causes a building to exceed, the height limits set by clause 4.3 may be carried out, but only with consent. |
(3) Development consent must not be granted to any such development unless the consent authority is satisfied that:
| (a) | the architectural roof feature: | |||
| ||||
| ||||
| (b) | any building identification signage or equipment for servicing the building (such as plant, lift motor rooms, fire stairs and the like) contained in or supported by the roof |
| 2011 No 550 | State Environmental Planning Policy (Sydney Region Growth Centres) Amendment (Area 20 Precinct) 2011 |
| Schedule 1 | Amendment of State Environmental Planning Policy (Sydney Region Growth Centres) 2006 |
feature is fully integrated into the design of the roof
feature.
| 5.8 | Conversion of fire alarms | |||
|
| (a) | converting a fire alarm system from connection with the alarm monitoring system of Fire and Rescue NSW 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: | |||
| ||||
| (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 Fire and Rescue NSW to monitor fire alarm systems. |
| 5.9 | Preservation of trees or vegetation | |
|
| State Environmental Planning Policy (Sydney Region Growth Centres) | 2011 No 550 |
| Amendment (Area 20 Precinct) 2011 |
| Amendment of State Environmental Planning Policy (Sydney Region | Schedule 1 |
| Growth Centres) 2006 |
| (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: | |||||||||
| ||||||||||
| (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) | This clause does not apply to or in respect of: | |||||||||
|
| 2011 No 550 | State Environmental Planning Policy (Sydney Region Growth Centres) Amendment (Area 20 Precinct) 2011 |
| Schedule 1 | Amendment of State Environmental Planning Policy (Sydney Region Growth Centres) 2006 |
| (f) | native vegetation retention areas to which clause 6.3 of this Precinct Plan applies, or |
| (g) | existing native vegetation to which clause 6.4 of this Precinct Plan applies. |
| 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.
| 5.12 | Infrastructure development and use of existing buildings of the Crown | |||
|
| Part 6 | Additional local provisions |
| 6.1 | Public utility infrastructure | |||
|
| (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. |
| State Environmental Planning Policy (Sydney Region Growth Centres) | 2011 No 550 |
| Amendment (Area 20 Precinct) 2011 |
| Amendment of State Environmental Planning Policy (Sydney Region | Schedule 1 |
| Growth Centres) 2006 |
| 6.2 | Attached dwellings in Zone R2 Low Density Residential | |
|
| (a) | to permit, with development consent, attached dwellings within Zone R2 Low Density Residential in limited circumstances, and |
| (b) | to provide location and development criteria that must be satisfied before development consent can be granted. |
(2) Development for the purposes of attached dwellings is permissible with development consent only on land within Zone R2 Low Density Residential that adjoins, or is only separated by a public road from:
| (a) | land within the Public Recreation—Regional Zone (as referred to in Part 3 of this Policy), or |
| (b) | land within Zone RE1 Public Recreation, or |
| (c) | land within Zone SP2 Infrastructure and shown on the Land Reservation Acquisition Map as Local Drainage. |
| (3) | Development consent must not be granted under this clause unless the consent authority is satisfied that: | |||||
|
| 6.3 | Development controls—native vegetation retention areas | |||||
|
| (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. |
| 2011 No 550 | State Environmental Planning Policy (Sydney Region Growth Centres) Amendment (Area 20 Precinct) 2011 |
| Schedule 1 | Amendment of State Environmental Planning Policy (Sydney Region Growth Centres) 2006 |
| (4) | This clause does not apply to any native vegetation: | |||||||||||
| ||||||||||||
| (5) | A person must not clear native vegetation on land to which this clause applies without: | |||||||||||
| ||||||||||||
| (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: | |||||||||||
| ||||||||||||
| (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 Surveying and Spatial Information Act 2002 or the Sydney Water Act 1994. |
| State Environmental Planning Policy (Sydney Region Growth Centres) | 2011 No 550 |
| Amendment (Area 20 Precinct) 2011 |
| Amendment of State Environmental Planning Policy (Sydney Region | Schedule 1 |
| Growth Centres) 2006 |
| 6.4 | Development controls—existing native vegetation | |||||||
| ||||||||
| 6.5 | Development in special area—Cudgegong Station Area | |||||||
|
| (a) | an indicative layout for the area, including open space, and major circulation routes, | |||
| (b) | the preferred locations of any new railway station and associated commuter car parks, | |||
| (c) | direct, well defined and activated pedestrian connections between: | |||
| ||||
| ||||
| (d) | the preferred distribution of commercial activities, including the core location of those activities, | |||
| (e) | detailed landscaping requirements for the public and private domains, |
| 2011 No 550 | State Environmental Planning Policy (Sydney Region Growth Centres) Amendment (Area 20 Precinct) 2011 |
| Schedule 1 | Amendment of State Environmental Planning Policy (Sydney Region Growth Centres) 2006 |
| (f) | stormwater and water quality management controls, |
| (g) | detailed urban design and built form controls. |
| (4) | Subclause (2) does not apply to the following development: | |
|
(i) that does not further fragment the land, or
(ii) for the purpose only of defining the boundary of a special area, or
(iii) that is not for the purpose of enabling the construction of structures,
| (b) | the demolition of existing structures, |
| (c) | development that the consent authority is satisfied is minor or will not affect future development outcomes, including the remediation of land, for special areas. |
| (5) | The total gross floor area used for the purposes of commercial premises on all land to which this clause applies must not exceed 12,500 square metres. | |||||
| (6) | In this clause: commercial premises means any of the following: | |||||
| ||||||
| remediation of land includes environmental protection works and the remediation of contaminated land. |
Schedule 1 Additional permitted uses
(Clause 2.5)
This Schedule is blank on the making of this Precinct Plan.
| State Environmental Planning Policy (Sydney Region Growth Centres) | 2011 No 550 |
| Amendment (Area 20 Precinct) 2011 |
| Amendment of State Environmental Planning Policy (Sydney Region | Schedule 1 |
| Growth Centres) 2006 |
| Schedule 4 | Classification and reclassification of public land |
(Clause 5.2)
This Schedule is blank on the making of this Precinct Plan.
| Part 1 | Land classified, or reclassified, as operational land—no interests changed |
| Column 1 | Column 2 |
| Locality | Description |
| Nil |
| Part 2 | Land classified, or reclassified, as operational land—interests changed |
| Column 1 | Column 2 | Column 3 |
| Locality | Description | Any trusts etc not discharged |
| Nil |
| Part 3 | Land classified, or reclassified, as community land |
| Column 1 | Column 2 |
| Locality | Description |
| Nil |
[4] Schedule 1 Exempt development
Omit “(Appendix 4, Clause 3.1)”.
| Insert instead “(Appendix 4, Clause 3.1, Appendix 5, Clause 3.1 and Appendix 6, Clause 3.1)”. |
| 2011 No 550 | State Environmental Planning Policy (Sydney Region Growth Centres) Amendment (Area 20 Precinct) 2011 |
| Schedule 1 | Amendment of State Environmental Planning Policy (Sydney Region Growth Centres) 2006 |
[5] Schedule 2 Complying development
Omit “(Appendix 4, Clause 3.2)”.
| Insert instead “(Appendix 4, Clause 3.2, Appendix 5, Clause 3.2 and Appendix 6, Clause 3.2)”. |
[6] Dictionary
Insert the following paragraph with appropriate numbering after the last paragraph of the notes to the definitions of bed and breakfast accommodation, farm stay accommodation, home business, home industry, industrial retail outlet, kiosk, neighbourhood shop, roadside stall and secondary dwelling:
clause 5.4 of Appendix 6 in respect of Area 20 Precinct.
[7] Dictionary
Insert in alphabetical order:
Area 20 Precinct means the land shown within the Area 20 Precinct on the North West Growth Centre Precinct Boundary Map.
[8] Dictionary
Omit the definition of Special Areas Map. Insert instead:
Special Areas 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 Centres Special Areas Map, |
| (b) | in relation to a precinct in the South West Growth Centre, the State Environmental Planning Policy (Sydney Region Growth Centres) 2006 |
0
0
0