State Environmental Planning Policy (Sydney Region Growth Centres) Amendment (Camden and Liverpool Growth Centres Precinct Plans) 2013 (2013-118) LW 15 March 2013 (NSW)

Case
No judgment structure available for this case.

2013 No 118

New South Wales

State Environmental Planning Policy

(Sydney Region Growth Centres)

Amendment (Camden and Liverpool

Growth Centres Precinct Plans) 2013

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.

BRAD HAZZARD, MP

Minister for Planning and Infrastructure

Published LW 15 March 2013

Page 1

2013 No 118

State Environmental Planning Policy (Sydney Region Growth Centres)

Clause 1

Amendment (Camden and Liverpool Growth Centres Precinct Plans) 2013

State Environmental Planning Policy (Sydney Region Growth Centres) Amendment (Camden and Liverpool Growth Centres Precinct Plans) 2013

under the

Environmental Planning and Assessment Act 1979

1      Name of Policy

This Policy is State Environmental Planning Policy (Sydney Region Growth Centres) Amendment (Camden and Liverpool Growth Centres Precinct Plans) 2013.

2      Commencement

This Policy commences on the day on which it is published on the NSW legislation website.

3      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 South West Growth Centre

2006 South West Growth Centre

Development Control Map

Development Control Map

(SEPP_SRGC_SW_DVC_006_020_

(SEPP_SRGC_SW_DVC_006_020_

20090723)

20130201)

State Environmental Planning Policy

State Environmental Planning Policy

(Sydney Region Growth Centres)

(Sydney Region Growth Centres)

2006 South West Growth Centre

2006 South West Growth Centre

Development Control Map

Development Control Map

(SEPP_SRGC_SW_DVC_007_020_

(SEPP_SRGC_SW_DVC_007_020_

20090723)

20130201)

State Environmental Planning Policy (Sydney Region Growth Centres)

2013 No 118

Amendment (Camden and Liverpool Growth Centres Precinct Plans) 2013

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 South West Growth Centre

2006 South West Growth Centre

Development Control Map

Development Control Map

(SEPP_SRGC_SW_DVC_008_020_

(SEPP_SRGC_SW_DVC_008_020_

20090723)

20130116)

State Environmental Planning Policy

State Environmental Planning Policy

(Sydney Region Growth Centres)

(Sydney Region Growth Centres)

2006 South West Growth Centre

2006 South West Growth Centre

Development Control Map

Development Control Map

(SEPP_SRGC_SW_DVC_011_020_

(SEPP_SRGC_SW_DVC_011_020_

20090723)

20130111)

State Environmental Planning Policy

State Environmental Planning Policy

(Sydney Region Growth Centres)

(Sydney Region Growth Centres)

2006 South West Growth Centre

2006 South West Growth Centre

Development Control Map

Development Control Map

(SEPP_SRGC_SW_DVC_012_020_

(SEPP_SRGC_SW_DVC_012_020_

20090723)

20130111)

State Environmental Planning Policy

State Environmental Planning Policy

(Sydney Region Growth Centres)

(Sydney Region Growth Centres)

2006 South West Growth Centre

2006 South West Growth Centre

Development Control Map

Development Control Map

(SEPP_SRGC_SW_DVC_013_020_

(SEPP_SRGC_SW_DVC_013_020_

20090731)

20130111)

State Environmental Planning Policy

State Environmental Planning Policy

(Sydney Region Growth Centres)

(Sydney Region Growth Centres)

2006 South West Growth Centre

2006 South West Growth Centre

Heritage Map

Heritage Map

(SEPP_SRGC_SW_HER_007_020_

20130201)

State Environmental Planning Policy

(Sydney Region Growth Centres)

2006 South West Growth Centre

Heritage Map

(SEPP_SRGC_SW_HER_008_020_

20130122)

2013 No 118

State Environmental Planning Policy (Sydney Region Growth Centres)

Clause 3

Amendment (Camden and Liverpool Growth Centres Precinct Plans) 2013

Column 1

Column 2

Name of map being amended or

Name of amending or

replaced

replacement map

State Environmental Planning Policy

(Sydney Region Growth Centres)

2006 South West Growth Centre

Heritage Map

(SEPP_SRGC_SW_HER_011_020_

20130111)

State Environmental Planning Policy

(Sydney Region Growth Centres)

2006 South West Growth Centre

Heritage Map

(SEPP_SRGC_SW_HER_012_020_

20130111)

State Environmental Planning Policy

(Sydney Region Growth Centres)

2006 South West Growth Centre

Heritage Map

(SEPP_SRGC_SW_HER_013_020_

20130111)

State Environmental Planning Policy

State Environmental Planning Policy

(Sydney Region Growth Centres)

(Sydney Region Growth Centres)

2006 South West Growth Centre

2006 South West Growth Centre

Height of Buildings Map

Height of Buildings Map

(SEPP_SRGC_SW_HOB_006_020_

20130111)

State Environmental Planning Policy

(Sydney Region Growth Centres)

2006 South West Growth Centre

Height of Buildings Map

(SEPP_SRGC_SW_HOB_007_020_

20130201)

State Environmental Planning Policy

State Environmental Planning Policy

(Sydney Region Growth Centres)

(Sydney Region Growth Centres)

2006 South West Growth Centre

2006 South West Growth Centre

Height of Buildings Map

Height of Buildings Map

(SEPP_SRGC_SW_HOB_008_020_

(SEPP_SRGC_SW_HOB_008_020_

20121214)

20130122)

State Environmental Planning Policy (Sydney Region Growth Centres)

2013 No 118

Amendment (Camden and Liverpool Growth Centres Precinct Plans) 2013

Clause 3

Column 1

Column 2

Name of map being amended or

Name of amending or

replaced

replacement map

State Environmental Planning Policy

(Sydney Region Growth Centres)

2006 South West Growth Centre

Height of Buildings Map

(SEPP_SRGC_SW_HOB_011_020_

20130111)

State Environmental Planning Policy

(Sydney Region Growth Centres)

2006 South West Growth Centre

Height of Buildings Map

(SEPP_SRGC_SW_HOB_012_020_

20130111)

State Environmental Planning Policy

(Sydney Region Growth Centres)

2006 South West Growth Centre

Height of Buildings Map

(SEPP_SRGC_SW_HOB_013_020_

20130201)

State Environmental Planning Policy

State Environmental Planning Policy

(Sydney Region Growth Centres)

(Sydney Region Growth Centres)

2006 South West Growth Centre Land

2006 South West Growth Centre Land

Reservation Acquisition Map

Reservation Acquisition Map

(SEPP_SRGC_SW_LRA_006_020_

20130215)

State Environmental Planning Policy

(Sydney Region Growth Centres)

2006 South West Growth Centre Land

Reservation Acquisition Map

(SEPP_SRGC_SW_LRA_007_020_

20130201)

State Environmental Planning Policy

(Sydney Region Growth Centres)

2006 South West Growth Centre Land

Reservation Acquisition Map

(SEPP_SRGC_SW_LRA_008_020_

20130215)

2013 No 118

State Environmental Planning Policy (Sydney Region Growth Centres)

Clause 3

Amendment (Camden and Liverpool Growth Centres Precinct Plans) 2013

Column 1

Column 2

Name of map being amended or

Name of amending or

replaced

replacement map

State Environmental Planning Policy

(Sydney Region Growth Centres)

2006 South West Growth Centre Land

Reservation Acquisition Map

(SEPP_SRGC_SW_LRA_011_020_

20130215)

State Environmental Planning Policy

(Sydney Region Growth Centres)

2006 South West Growth Centre Land

Reservation Acquisition Map

(SEPP_SRGC_SW_LRA_012_020_

20130201)

State Environmental Planning Policy

(Sydney Region Growth Centres)

2006 South West Growth Centre Land

Reservation Acquisition Map

(SEPP_SRGC_SW_LRA_013_020_

20130219)

State Environmental Planning Policy

State Environmental Planning Policy

(Sydney Region Growth Centres)

(Sydney Region Growth Centres)

2006 South West Growth Centre Lot

2006 South West Growth Centre Lot

Size Map

Size Map

(SEPP_SRGC_SW_LSZ_006_020_2

0130111)

State Environmental Planning Policy

(Sydney Region Growth Centres)

2006 South West Growth Centre Lot

Size Map

(SEPP_SRGC_SW_LSZ_007_020_2

0130111)

State Environmental Planning Policy

State Environmental Planning Policy

(Sydney Region Growth Centres)

(Sydney Region Growth Centres)

2006 South West Growth Centre Lot

2006 South West Growth Centre Lot

Size Map

Size Map

(SEPP_SRGC_SW_LSZ_008_020_2

(SEPP_SRGC_SW_LSZ_008_020_2

0121120)

0130116)

State Environmental Planning Policy (Sydney Region Growth Centres)

2013 No 118

Amendment (Camden and Liverpool Growth Centres Precinct Plans) 2013

Clause 3

Column 1

Column 2

Name of map being amended or

Name of amending or

replaced

replacement map

State Environmental Planning Policy

(Sydney Region Growth Centres)

2006 South West Growth Centre Lot

Size Map

(SEPP_SRGC_SW_LSZ_012_020_2

0130111)

State Environmental Planning Policy

(Sydney Region Growth Centres)

2006 South West Growth Centre Lot

Size Map

(SEPP_SRGC_SW_LSZ_013_020_2

0130111)

State Environmental Planning Policy

State Environmental Planning Policy

(Sydney Region Growth Centres)

(Sydney Region Growth Centres)

2006 South West Growth Centre Land

2006 South West Growth Centre Land

Zoning Map

Zoning Map

(SEPP_SRGC_SW_LZN_006_020_

(SEPP_SRGC_SW_LZN_006_020_

20090723)

20130201)

State Environmental Planning Policy

State Environmental Planning Policy

(Sydney Region Growth Centres)

(Sydney Region Growth Centres)

2006 South West Growth Centre Land

2006 South West Growth Centre Land

Zoning Map

Zoning Map

(SEPP_SRGC_SW_LZN_007_020_

(SEPP_SRGC_SW_LZN_007_020_

20090723)

20130221)

State Environmental Planning Policy

State Environmental Planning Policy

(Sydney Region Growth Centres)

(Sydney Region Growth Centres)

2006 South West Growth Centre Land

2006 South West Growth Centre Land

Zoning Map

Zoning Map

(SEPP_SRGC_SW_LZN_008_020_

(SEPP_SRGC_SW_LZN_008_020_

201201120)

20130131)

State Environmental Planning Policy

State Environmental Planning Policy

(Sydney Region Growth Centres)

(Sydney Region Growth Centres)

2006 South West Growth Centre Land

2006 South West Growth Centre Land

Zoning Map

Zoning Map

(SEPP_SRGC_SW_LZN_011_020_

(SEPP_SRGC_SW_LZN_011_020_

20090723)

20130131)

2013 No 118

State Environmental Planning Policy (Sydney Region Growth Centres)

Clause 3

Amendment (Camden and Liverpool Growth Centres Precinct Plans) 2013

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 South West Growth Centre Land

2006 South West Growth Centre Land

Zoning Map

Zoning Map

(SEPP_SRGC_SW_LZN_012_020_

(SEPP_SRGC_SW_LZN_012_020_

20090723)

20130122)

State Environmental Planning Policy

State Environmental Planning Policy

(Sydney Region Growth Centres)

(Sydney Region Growth Centres)

2006 South West Growth Centre Land

2006 South West Growth Centre Land

Zoning Map

Zoning Map

(SEPP_SRGC_SW_LZN_013_020_

(SEPP_SRGC_SW_LZN_013_020_

20090723)

20130201)

State Environmental Planning Policy

State Environmental Planning Policy

(Sydney Region Growth Centres)

(Sydney Region Growth Centres)

2006 South West Growth Centre

2006 South West Growth Centre

Precinct Boundary Map

Precinct Boundary Map

(SEPP_SRGC_SW_PCB_006_020_

(SEPP_SRGC_SW_PCB_006_020_

20090731)

20130111)

State Environmental Planning Policy

State Environmental Planning Policy

(Sydney Region Growth Centres)

(Sydney Region Growth Centres)

2006 South West Growth Centre

2006 South West Growth Centre

Precinct Boundary Map

Precinct Boundary Map

(SEPP_SRGC_SW_PCB_007_020_

(SEPP_SRGC_SW_PCB_007_020_

20090731)

20130201)

State Environmental Planning Policy

State Environmental Planning Policy

(Sydney Region Growth Centres)

(Sydney Region Growth Centres)

2006 South West Growth Centre

2006 South West Growth Centre

Precinct Boundary Map

Precinct Boundary Map

(SEPP_SRGC_SW_PCB_008_020_

(SEPP_SRGC_SW_PCB_008_020_

20090731)

20130116)

State Environmental Planning Policy

State Environmental Planning Policy

(Sydney Region Growth Centres)

(Sydney Region Growth Centres)

2006 South West Growth Centre

2006 South West Growth Centre

Precinct Boundary Map

Precinct Boundary Map

(SEPP_SRGC_SW_PCB_011_020_

(SEPP_SRGC_SW_PCB_011_020_

20090731)

20130111)

State Environmental Planning Policy (Sydney Region Growth Centres)

2013 No 118

Amendment (Camden and Liverpool Growth Centres Precinct Plans) 2013

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 South West Growth Centre

2006 South West Growth Centre

Precinct Boundary Map

Precinct Boundary Map

(SEPP_SRGC_SW_PCB_012_020_

(SEPP_SRGC_SW_PCB_012_020_

20090731)

20130111)

State Environmental Planning Policy

State Environmental Planning Policy

(Sydney Region Growth Centres)

(Sydney Region Growth Centres)

2006 South West Growth Centre

2006 South West Growth Centre

Precinct Boundary Map

Precinct Boundary Map

(SEPP_SRGC_SW_PCB_013_020_

(SEPP_SRGC_SW_PCB_013_020_

20090731)

20130201)

State Environmental Planning Policy

State Environmental Planning Policy

(Sydney Region Growth Centres)

(Sydney Region Growth Centres)

2006 South West Growth Centre

2006 South West Growth Centre

Riparian Protection Area Map

Riparian Protection Area Map

(SEPP_SRGC_SW_RPN_006_020_

20130111)

State Environmental Planning Policy

(Sydney Region Growth Centres)

2006 South West Growth Centre

Riparian Protection Area Map

(SEPP_SRGC_SW_RPN_007_020_

20130201)

State Environmental Planning Policy

State Environmental Planning Policy

(Sydney Region Growth Centres)

(Sydney Region Growth Centres)

2006 South West Growth Centre

2006 South West Growth Centre

Riparian Protection Area Map

Riparian Protection Area Map

(SEPP_SRGC_SW_RPN_008_2007

(SEPP_SRGC_SW_RPN_008_020_

1204)

20130116)

State Environmental Planning Policy

(Sydney Region Growth Centres)

2006 South West Growth Centre

Riparian Protection Area Map

(SEPP_SRGC_SW_RPN_011_020_

20130111)

2013 No 118

State Environmental Planning Policy (Sydney Region Growth Centres)

Clause 4

Amendment (Camden and Liverpool Growth Centres Precinct Plans) 2013

Column 1

Column 2

Name of map being amended or

Name of amending or

replaced

replacement map

State Environmental Planning Policy

(Sydney Region Growth Centres)

2006 South West Growth Centre

Riparian Protection Area Map

(SEPP_SRGC_SW_RPN_012_020_

20130111)

State Environmental Planning Policy

(Sydney Region Growth Centres)

2006 South West Growth Centre

Riparian Protection Area Map

(SEPP_SRGC_SW_RPN_013_020_

20130111)

4      Repeal of Policy

(1)

This Policy is repealed on the day following the day on which this

Policy commences.

(2)

The repeal of this Policy does not, because of the operation of sections 5 (6) and 30 of the Interpretation Act 1987, affect any amendment made by this Policy.

State Environmental Planning Policy (Sydney Region Growth Centres)

2013 No 118

Amendment (Camden and Liverpool Growth Centres Precinct Plans) 2013

Amendment of State Environmental Planning Policy (Sydney Region

Schedule 1

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:

Austral Precinct, South West Growth Centre

Appendix 8

Leppington North Precinct, South West Growth

Appendix 8 (to the extent to which

Centre

the Liverpool Growth Centres

Precinct Plan 2013 applies to the

Leppington North Precinct) and

Appendix 9 (to the extent to which

the Camden Growth Centres

Precinct Plan 2013 applies to the

Leppington North Precinct)

[2]      Clause 21 Land to which Part applies

Insert after clause 21 (4) (f):

(g)

land to which the Liverpool Growth Centres Precinct Plan 2013 (as referred to in Appendix 8) applies,

(h)

land to which the Camden Growth Centres Precinct Plan 2013 (as referred to in Appendix 9) applies.

[3]      Appendix 6 Area 20 Precinct Plan

Insert after clause 1.9:

1.9A

Suspension of covenants, agreements and instruments

(1)

For the purpose of enabling development on land in 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

2013 No 118

State Environmental Planning Policy (Sydney Region Growth Centres)

Amendment (Camden and Liverpool Growth Centres Precinct Plans) 2013

Schedule 1

Amendment of State Environmental Planning Policy (Sydney Region

Growth Centres) 2006

(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, or

(g)

to any planning agreement within the meaning of Division 6 of Part 4 of the Act.

(3)

This clause does not affect the rights or interests of any public

authority under any registered instrument.

(4)

Under section 28 of the Act, the Governor, before the making of

this clause, approved of subclauses (1)–(3).

[4]      Appendices 8 and 9

Insert after Appendix 7:

Appendix 8

Liverpool Growth Centres Precinct

Plan

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 Precinct Plan is the Liverpool Growth Centres Precinct

Plan 2013.

1.2

Aims of Precinct Plan

The aims of this Precinct Plan are as follows:

(a)

to make development controls that will ensure the creation of quality environments and good design outcomes,

State Environmental Planning Policy (Sydney Region Growth Centres)

2013 No 118

Amendment (Camden and Liverpool Growth Centres Precinct Plans) 2013

Amendment of State Environmental Planning Policy (Sydney Region

Schedule 1

Growth Centres) 2006

(b)

to protect and enhance environmentally sensitive natural areas and cultural heritage,

(c)

to provide for recreational opportunities,

(d)

to provide for multifunctional and innovative development that encourages employment and economic growth,

(e)

to promote housing choice and affordability,

(f)

to provide for sustainable development,

(g)

to promote pedestrian and vehicle connectivity.

1.3

Land to which Precinct Plan applies

This Precinct Plan applies to land within the Austral Precinct and Leppington North 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 Leppington North Precinct (as shown on the Precinct Boundary Map).

1.4

Definition

In this Precinct Plan, Council means Liverpool 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.

1.5

Notes

Notes in this Precinct Plan are provided for guidance and do not form part of this Plan.

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.

Note. Liverpool Local Environmental Plan 2008 ceases to apply to the land to which this Precinct Plan applies.

2013 No 118

State Environmental Planning Policy (Sydney Region Growth Centres)

Amendment (Camden and Liverpool Growth Centres Precinct Plans) 2013

Schedule 1

Amendment of State Environmental Planning Policy (Sydney Region

Growth Centres) 2006

(3)

This clause does not affect the operation of other provisions of

this State environmental planning policy.

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

(1)

This Precinct Plan is subject to the provisions of any State environmental planning policy that prevails over this Precinct Plan as provided by section 36 of the Act.

(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 Parts 3 and 4)

State Environmental Planning Policy No 60—Exempt and

Complying Development

1.9A

Suspension of covenants, agreements and instruments

(1)

For the purpose of enabling development on land in 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

State Environmental Planning Policy (Sydney Region Growth Centres)

2013 No 118

Amendment (Camden and Liverpool Growth Centres Precinct Plans) 2013

Amendment of State Environmental Planning Policy (Sydney Region

Schedule 1

Growth Centres) 2006

(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, or

(g)

to any planning agreement within the meaning of Division 6 of Part 4 of the Act.

(3)

This clause does not affect the rights or interests of any public

authority under any registered instrument.

(4)

Under section 28 of the Act, the Governor, before the making of

this clause, approved of subclauses (1)–(3).

Part 2

Permitted or prohibited development

2.1

Land use zones

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

Rural Zones

RU6 Transition

Residential Zones

R2 Low Density Residential

R3 Medium Density Residential

Business Zones

B1 Neighbourhood Centre

B2 Local Centre

B5 Business Development

Industrial Zones

IN2 Light Industrial

Special Purpose Zones

SP2 Infrastructure

Recreation Zones

RE1 Public Recreation

Environment Protection Zones

E2 Environmental Conservation

E4 Environmental Living

2013 No 118

State Environmental Planning Policy (Sydney Region Growth Centres)

Amendment (Camden and Liverpool Growth Centres Precinct Plans) 2013

Schedule 1

Amendment of State Environmental Planning Policy (Sydney Region

Growth Centres) 2006

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

(b)

a reference to a type of building or other thing does not include (despite any definition in this Policy) 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 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 provisions for particular land.

State Environmental Planning Policy (Sydney Region Growth Centres)

2013 No 118

Amendment (Camden and Liverpool Growth Centres Precinct Plans) 2013

Amendment of State Environmental Planning Policy (Sydney Region

Schedule 1

Growth Centres) 2006

2.4

Unzoned land

(1)

Development may be carried out on unzoned land only with

consent.

(2)

Before granting development 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 to this Appendix may be carried out:

(a)

with consent, or

(b)

if the Schedule so provides—without development 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 any other provision of this Precinct Plan.

2.6

Subdivision—consent requirements

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

2.7

Demolition

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

(1)

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

(2)

Despite any other provision of this Precinct Plan, development consent may be granted for development on land in any zone for

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a temporary use for a maximum period of 52 days (whether or

not consecutive days) in any period of 12 months.

(3)

Development consent must not be granted unless the consent

authority is satisfied that:

(a)

the temporary use will not prejudice the subsequent carrying out of development on the land in accordance with this 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.

Land Use Table

Zone RU6 Transition

1      Objectives of zone

To protect and maintain land that provides a transition between rural and other land uses of varying intensities or environmental sensitivities.

To minimise conflict between land uses within this zone and land uses within adjoining zones.

2      Permitted without consent

Extensive agriculture; Home occupations; Roads

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3      Permitted with consent

Agriculture; Dual occupancies; Dwelling houses; Environmental protection works; Home-based child care; Home businesses; Home industries; Horticulture; Secondary dwellings; Any other development not specified in item 2 or 4

4      Prohibited

Air transport facilities; Amusement centres; Biosolids treatment facilities; Boat repair facilities; Boat sheds; Bulky goods premises; Business premises; Caravan parks; Cemeteries; Charter and tourism boating facilities; Child care centres; Community facilities; Correctional centres; Crematoria; Educational establishments; Entertainment facilities; Exhibition homes; Exhibition villages; Extractive industries; Freight transport facilities; Function centres; Hazardous storage establishments; Highway service centres; Home occupations (sex services); Industries; Information and education facilities; Intensive livestock agriculture; Intensive plant agriculture; Marinas; Moorings; Mortuaries; Office premises; Passenger transport facilities; Places of public worship; Recreation facilities (indoor); Recreation facilities (major); Registered clubs; Residential accommodation; Restricted premises; Retail premises; Rural industries; Sewage treatment plants; Sex services premises; Storage premises; Timber and building supplies; Tourist and visitor accommodation; Transport depots; Truck depots

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.

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2      Permitted without consent

Home-based child care; Home occupations

3      Permitted with consent

Attached dwellings; Bed and breakfast accommodation; Boarding houses; Business identification signs; Child care centres; Community facilities; Drainage; Dual occupancies; Dwelling houses; Educational establishments; Environmental protection works; Exhibition homes; Exhibition villages; Group homes; Health consulting rooms; Home businesses; Home industries; Multi dwelling housing; Neighbourhood shops; Places of public worship; Roads; Secondary dwellings; Semi-detached dwellings; Seniors housing; Shop top housing

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 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-based child care; Home occupations

3      Permitted with consent

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

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4      Prohibited

Agriculture; Air transport facilities; Airstrips; Amusement centres; Boat repair facilities; Boat sheds; Business premises; Caravan parks; Cemeteries; Charter and tourism boating facilities; Correctional centres; Crematoria; Depots; Electricity generating works; Entertainment facilities; Extractive industries; Freight transport facilities; Function centres; Helipads; Highway service centres; Home occupations (sex services); Industries; Information and education facilities; Marinas; Moorings; Mortuaries; Office premises; Passenger transport facilities; Public administration buildings; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Research stations; Restricted premises; Retail premises; Rural supplies; Service stations; Sex services premises; Signage; Storage premises; Tourist and visitor accommodation; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Vehicle sales or hire premises; Veterinary hospitals; Warehouse or distribution centres; Waste or resource management facilities; Water recreation structures; 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.

2      Permitted without consent

Home-based child care; Home occupations

3      Permitted with consent

Amusement centres; Bed and breakfast accommodation; Boarding houses; Building identification signs; Business identification signs; Business premises; Child care centres; Community facilities; Drainage; Educational establishments; Environmental facilities; Environmental protection works; Flood mitigation works; Food and drink premises; Home businesses; Home industries; Hostels; Hotel or motel accommodation; Kiosks; Medical centres; Neighbourhood shops; Office premises; Passenger transport facilities; Places of public worship; Public administration buildings; Recreation areas; Roads; Service stations; Serviced apartments; Shops; Shop top housing; Veterinary hospitals

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4      Prohibited

Any development not specified in item 2 or 3

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 that will contribute to economic growth and the creation of employment opportunities.

2      Permitted without consent

Home-based child care; Home businesses; Home occupations

3      Permitted with consent

Boarding houses; Business premises; Car parks; 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; Air transport facilities; Airstrips; Boat repair facilities; Boat sheds; Bulky goods premises; Caravan parks;

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Cemeteries; Charter and tourism boating facilities; Correctional centres; Crematoria; Depots; Electricity generating works; Environmental facilities; Exhibition homes; Exhibition villages; Extractive industries; Forestry; Freight transport facilities; Home occupations (sex services); Industries; Marinas; Moorings; Mortuaries; Recreation facilities (major); Research stations; Residential accommodation; Restricted premises; Sex services premises; Storage premises; Transport depots; Truck depots; Vehicle body repair workshops; Warehouse or distribution centres; Waste or resource management facilities; Water recreation structures; Wholesale supplies

Zone B5 Business Development

1      Objectives of zone

To enable a mix of business and warehouse uses, and bulky goods premises that require a large floor area, in locations that are close to, and that support the viability of, centres.

2      Permitted without consent

Nil

3      Permitted with consent

Building identification signs; Bulky goods premises; Business identification signs; Car parks; Child care centres; Community facilities; Drainage; Environmental facilities; Environmental protection works; Flood mitigation works; Food and drink premises; Hotel or motel accommodation; Landscaping material supplies; Liquid fuel depots; Office premises; Passenger transport facilities; Places of public worship; Public administration buildings; Pubs; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Registered clubs; Restaurants; Roads; Self-storage units; Service stations; Timber and building supplies; Vehicle sales or hire premises; Warehouse or distribution centres

4      Prohibited

Any development not specified in item 2 or 3

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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

Agricultural produce industries; Building identification signs; Business identification signs; Depots; Food and drink premises; Heliports; Hotel or motel accommodation; Landscaping material supplies; Light industries; Neighbourhood shops; Roads; Any other development not specified in item 2 or 4

4      Prohibited

Agriculture; Air transport facilities; Amusement centres; Boat sheds; Bulky goods premises; Business premises; Caravan parks; Cemeteries; Charter and tourism boating facilities; Correctional centres; Crematoria; Educational establishments; Entertainment facilities; Environmental facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Function centres; Health services facilities; Home-based child care; Home businesses; Home occupations; Home occupations (sex services); Industries; Marinas; Moorings; Office premises; Public administration buildings; Recreation facilities (major); Research stations; Residential accommodation; Restricted premises; Retail premises; Rural industries; Signage; Tourist and visitor accommodation; Water recreation structures

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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

Roads

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

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

Environmental protection works

3      Permitted with consent

Building identification signs; Business identification signs; Child care centres; Community facilities; Drainage; Environmental facilities; Flood mitigation works; Information and education facilities; Kiosks; Markets; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Restaurants; Roads; Take away food and drink premises; Water recreation structures; Waterbodies (artificial)

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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

Drainage; Environmental facilities; Environmental protection works; Flood mitigation works; Information and education facilities; Kiosks; Recreation areas; Research stations; Roads; Signage; Waterbodies (artificial)

4      Prohibited

Business premises; Hotel or motel accommodation; Industries; Multi dwelling housing; Recreation facilities (major); Residential flat buildings; Restricted premises; 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-based child care; Home occupations

3      Permitted with consent

Bed and breakfast accommodation; Child care centres; Community facilities; Drainage; Dual occupancies; Dwelling houses; Educational establishments; Environmental facilities;

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Environmental protection works; Extensive agriculture; Flood mitigation works; Group homes; Health consulting rooms; Home businesses; Home industries; Horticulture; Places of public worship; Recreation areas; Roads; Secondary dwellings; Waterbodies (artificial)

4      Prohibited

Industries; Service stations; Warehouse or distribution centres;

Any other development not specified in item 2 or 3

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:

(a)

must meet the relevant deemed-to-satisfy provisions of the Building Code of Australia or, if there are no such relevant provisions, must be structurally adequate, and

(b)

must not, if it relates to an existing building, cause the building to contravene the Building Code of Australia, and

(c)

must not be designated development, and

(d)

must not be carried out on land that comprises, or on which there is, an item that is listed on the State Heritage Register under the Heritage Act 1977 or that is subject to an interim heritage order under the Heritage Act 1977.

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(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:

(a)

the building has a current fire safety certificate or fire safety statement, or

(b)

no fire safety measures are currently implemented, required or proposed for the building.

(5)

To be exempt development, the development must:

(a)

be installed in accordance with the manufacturer’s specifications, if applicable, and

(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:

(a)

the development standards specified in relation to that development, and

(b)

the requirements of this Part,

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:

(a)

be permissible, with development consent, in the zone in which it is carried out, and

(b)

meet the relevant deemed-to-satisfy provisions of the Building Code of Australia, and

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(c)

have an approval, if required by the Local Government Act 1993, from the Council for an on-site effluent disposal system if the development is undertaken on unsewered land.

(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.

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,

(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 under the National Parks and Wildlife Act 1974 or land acquired under Part 11 of that Act,

(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,

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(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,

(m)

land that is shown as a riparian protection area on the Riparian Protection Area Map.

Part 4

Principal development standards

4.1

Minimum subdivision lot size

(1)

The objectives of this clause are as follows:

(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 results in the efficient use of land and contributes to the supply of new housing in the South 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 locality and with surrounding residential areas,

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(e)

to facilitate and encourage the provision of a range of dwelling types.

(2)

This clause applies to development on land for which no

minimum lot size is shown on the Lot Size Map.

(3)

The minimum lot size for certain residential development is set

out in the table below.

Dwelling type

Minimum lot size

Dwelling houses (detached)

200 square metres

Semi-detached dwellings

200 square metres

Dual occupancies

500 square metres

Secondary dwellings

450 square metres

Attached dwellings

375 square metres

Multi dwelling housing

1,000 square metres

Residential flat buildings

1,000 square metres

(4)

Where residential development of a kind referred to in the table to subclause (3) is proposed on land with a split zoning that includes land in Zone R2 Low Density Residential or Zone R3 Medium Density Residential, 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.

4.1B

Residential density

(1)

The objectives of this clause are:

(a)

to establish minimum density requirements for residential development, 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 (3) that:

(a)

is carried out on land to which this Precinct Plan applies that is shown on the Residential Density Map, and

(b)

requires development consent, and

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(c)

is carried out after the commencement of this Precinct Plan.

(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.

(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, but excluding land that

is not zoned for residential purposes.

4.2

Rural subdivision

(1)

The objective of this clause is to provide flexibility in the application of standards for subdivision in rural zones to allow land owners a greater chance to achieve the objectives for development in the relevant zone.

(2)

Land in Zone RU6 Transition may, with development consent, be subdivided for the purpose of primary production to create a lot of a size that is less than the minimum size shown on the Lot Size Map in relation to that land.

(3)

However, such a lot cannot be created if an existing dwelling

would, as the result of the subdivision, be situated on the lot.

(4)

A dwelling cannot be erected on such a lot.

Note. A dwelling includes a rural worker’s dwelling (see definition of that term in the Dictionary).

4.3

Height of buildings

(1)

The objectives of this clause are as follows:

(a)

to establish the maximum height of buildings,

(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.

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4.4

Floor space ratio

(1)

The objective of this clause is to control the bulk and scale of buildings by setting maximum floor space ratios for development.

(2)

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

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

(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.

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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:

(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.

(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

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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.

4.6

Exceptions to development standards

(1)

The objectives of this clause are as follows:

(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:

(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.

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(4)

Development 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.

(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 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)

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:

(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.

Note. When this Precinct Plan was made it did not include any of these zones other than Zone RU6 Transition, Zone E2 Environmental Conservation and Zone E4 Environmental Living.

(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).

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(8)

This clause does not allow development 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,

(c)

clause 5.4.

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 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 RE1 Public Recreation and

Council

marked “Local open space”

Zone SP2 Infrastructure and

Roads and Maritime Services

marked “Classified road”

Zone SP2 Infrastructure and

Council

marked “Local drainage”

Zone SP2 Infrastructure and

The corporation constituted

marked “Railway”

under section 8 of the Act

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Type of land shown on Map

Authority of the State

Zone SP2 Infrastructure and

Council

marked “Local road”

Zone SP2 Infrastructure and

NSW Department of

marked “Educational establishment”

Education and Communities

Zone B1 Neighbourhood Centre and

Council

marked “Community facility”

Zone B2 Local Centre and

Council

marked “Community facility”

(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).

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 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.

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(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 to this Appendix.

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 as follows:

(a)

10 metres between Zone RE1 Public Recreation and any other zone,

(b)

10 metres between Zone E2 Environmental Conservation and any other zone,

(c)

30 metres between any two zones excluding Zone RE1 Public Recreation and Zone E2 Environmental Conservation.

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(3)

This clause does not apply to land proposed to be developed for

the purpose of sex services premises 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)

This 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.

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 50 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.

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(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:

(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 30 square metres.

(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:

(a)

75 square metres,

(b)

30% of the total gross floor area of both the self-contained dwelling and the principal dwelling.

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.

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(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 to this Appendix.

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 as follows:

(a)

10 metres between Zone RE1 Public Recreation and any other zone,

(b)

10 metres between Zone E2 Environmental Conservation and any other zone,

(c)

30 metres between any two zones excluding Zone RE1 Public Recreation and Zone E2 Environmental Conservation.

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(3)

This clause does not apply to land proposed to be developed for

the purpose of sex services premises 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)

This 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.

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 50 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.

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(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:

(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 30 square metres.

(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:

(a)

75 square metres,

(b)

30% of the total gross floor area of both the self-contained dwelling and the principal dwelling.

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5.6

Architectural roof features

(1)

The objectives of this clause are:

(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:

(i)      comprises a decorative element on the uppermost portion of a building, and

(ii)      is not an advertising structure, and

(iii)      does not include floor space area and is not reasonably capable of modification to include floor space area, and

(iv)      will cause minimal overshadowing, and

(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 feature is fully integrated into the design of the roof feature.

5.8

Conversion of fire alarms

(1)

This clause applies to a fire alarm system that can be monitored

by Fire and Rescue NSW or by a private service provider.

(2)

The following development may be carried out, but only with

development consent:

(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

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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 Fire and Rescue NSW to

monitor fire alarm systems.

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.

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(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:

(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 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 and Spatial Information Act 2002, or

(e)

plants declared to be noxious weeds under the Noxious Weeds Act 1993, or

(f)

native vegetation retention areas to which clause 6.2 of this Precinct Plan applies, or

(g)

existing native vegetation areas to which clause 6.3 of this Precinct Plan applies.

5.10

Heritage conservation

Note. Heritage items (if any) are listed and described in Schedule 5 to this Precinct Plan. Heritage conservation areas (if any) are shown on the Heritage Map as well as being described in Schedule 5.

(1)

Objectives

The objectives of this clause are as follows:

(a)

to conserve environmental heritage,

(b)

to conserve the heritage significance of heritage items and heritage conservation areas, including associated fabric, settings and views,

(c)

to conserve archaeological sites,

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(d)

to conserve Aboriginal objects and Aboriginal places of heritage significance.

(2)

Requirement for consent

Development consent is required for any of the following:

(a)

demolishing or moving any of the following or altering the exterior of any of the following (including, in the case of a building, making changes to its detail, fabric, finish or appearance):

(i)      a heritage item,

(ii)      an Aboriginal object,

(iii)      a building, work, relic or tree within a heritage conservation area,

(b)

altering a heritage item that is a building by making structural changes to its interior or by making changes to anything inside the item that is specified in Schedule 5 to this Precinct Plan in relation to the item,

(c)

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,

(d)

disturbing or excavating an Aboriginal place of heritage significance,

(e)

erecting a building on land:

(i)

on which a heritage item is located or that is within a heritage conservation area, or

(ii)

on which an Aboriginal object is located or that is within an Aboriginal place of heritage significance,

(f)

subdividing land:

(i)

on which a heritage item is located or that is within a heritage conservation area, or

(ii)

on which an Aboriginal object is located or that is within an Aboriginal place of heritage significance.

(3)

When consent not required

However, development 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

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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, Aboriginal object, Aboriginal place of heritage significance or archaeological site or a building, work, relic, tree or place within the heritage conservation area, and

(ii)      would not adversely affect the heritage significance of the heritage item, Aboriginal object, Aboriginal place, 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 an Aboriginal place of 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 of proposed development on heritage significance

The consent authority must, before granting consent under this clause in respect of a heritage item or heritage conservation area, consider the effect of the proposed development on the heritage significance of the item or area concerned. This subclause applies regardless of whether a heritage management document is prepared under subclause (5) or a heritage conservation management plan is submitted under subclause (6).

(5)

Heritage assessment

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

(a)

on land on which a heritage item is located, or

(b)

on land that is within a heritage conservation area, or

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(c)

on land that is within the vicinity of land referred to in paragraph (a) or (b),

require a heritage management document 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 heritage 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)

Aboriginal places of heritage significance

The consent authority must, before granting consent under this clause to the carrying out of development in an Aboriginal place of 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 by means of an adequate investigation and assessment (which may involve consideration of a heritage impact statement), and

(b)

notify the local Aboriginal communities, in writing or in such other manner as may be appropriate, about the application and take into consideration any response received within 28 days after the notice is sent.

(9)

Demolition of nominated State heritage items

The consent authority must, before granting consent under this clause for the demolition of a nominated State heritage item:

(a)

notify the Heritage Council about the application, and

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(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, or for any purpose on an Aboriginal place of heritage significance, 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 or Aboriginal place of heritage significance is facilitated by the granting of consent, and

(b)

the proposed development is in accordance with a heritage management document 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 management document is carried out, and

(d)

the proposed development would not adversely affect the heritage significance of the heritage item, including its setting, or the heritage significance of the Aboriginal place of heritage significance, 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.

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 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.

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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—native vegetation retention areas

(1)

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

native vegetation.

(2)

This clause applies to land within a native vegetation retention

area as shown on the Native Vegetation Protection Map.

(3)

This clause does not apply to native vegetation that the Council

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 within 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.

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(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,

(c)

that the disturbance of the native vegetation will not increase 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 hectares 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 Surveying and Spatial Information Act 2002 or the Sydney Water Act 1994.

6.3

Development controls—existing native vegetation

(1)

The objective of this clause is to manage existing native vegetation 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 it is satisfied that the proposed development will not result in the clearing of any existing native vegetation (within the meaning of

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Schedule 1

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the relevant biodiversity measures under Part 7 of Schedule 7 to

the Threatened Species Conservation Act 1995).

6.5

Restricted premises

(1)

Development consent must not be granted to development for the purposes of restricted premises if the premises will be located on land that abuts, or is separated only by a road from land:

(a)

in Zone R3 Medium Density Residential or Zone RE1 Public Recreation, or

(b)

used for the purposes of a community facility, school or place of public worship.

(2)

In deciding whether to grant consent to development for the purposes of restricted premises, the consent authority must consider:

(a)

the impact of the proposed development on places of high pedestrian activity, and

(b)

the impact of the proposed development on land frequented by children for care, recreational or cultural purposes, and

(c)

whether the appearance of the restricted premises is sufficiently discreet.

Schedule 1

Additional permitted uses

(Clause 2.5)

When this Precinct Plan was made this Schedule was blank.

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Growth Centres) 2006

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

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

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Schedule 5

Environmental heritage

(Clause 5.10)

Precinct

Item name

Address

Property

Significance Item no

description

Leppington

Bringelly

Between

Road reserve

Local

17

North

Road—

Cowpasture

cultural

Road and

landscape

Kemps Creek

Leppington

Leppington

1442–1448

Lots 38E and

Local

9

North

Public School

Rickard Road

39C, DP 8979

[5]      Schedule 1 Exempt development

Omit “and Appendix 7, Clause 3.1”.

Insert instead “, Appendix 7, Clause 3.1, Appendix 8, Clause 3.1 and

Appendix 9, Clause 3.1”.

[6]      Schedule 2 Complying development

Omit “and Appendix 8, Clause 3.2”.

Insert instead “, Appendix 7, Clause 3.2, Appendix 8, Clause 3.2 and

Appendix 9, Clause 3.2”.

[7]      Dictionary

Insert the following paragraphs 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 8 in respect of land to which the Liverpool

Growth Centres Precinct Plan applies,

clause 5.4 of Appendix 9 in respect of land to which the Camden

Growth Centres Precinct Plan applies.

[8]      Dictionary

Insert in alphabetical order:

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

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Amendment of State Environmental Planning Policy (Sydney Region

Growth Centres) 2006

Leppington North Precinct means the land shown within the Leppington North Precinct on the South West Growth Centre Precinct Boundary Map.

[9]      Dictionary

Omit the definitions of Floor Space Ratio Map, Land Application Map,

Native Vegetation Protection Map and Residential Density Map.

Insert instead in alphabetical order:

Floor Space Ratio 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 Floor Space Ratio 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 Floor Space Ratio Map.

Land Application 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 Land Application 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 Land Application Map.

Native Vegetation Protection 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 Native Vegetation Protection 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 Native Vegetation Protection Map.

Residential Density 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 Residential Density Map,

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Amendment (Camden and Liverpool Growth Centres Precinct Plans) 2013

Amendment of State Environmental Planning Policy (Sydney Region

Schedule 1

Growth Centres) 2006

(b)

in relation to a precinct in the South West Growth Centre, the State Environmental Planning Policy (Sydney Region Growth Centres) 2006

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