State Environmental Planning Policy (Sydney Region Growth Centres) Amendment (East Leppington Precinct) 2013 (2013-119) LW 15 March 2013 (NSW)
2013 No 119
| New South Wales |
State Environmental Planning Policy
(Sydney Region Growth Centres)
Amendment (East Leppington
Precinct) 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 119 | State Environmental Planning Policy (Sydney Region Growth Centres) |
| Clause 1 | Amendment (East Leppington Precinct) 2013 |
State Environmental Planning Policy (Sydney Region
Growth Centres) Amendment (East Leppington
Precinct) 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 (East Leppington Precinct) 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 Plan 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 Plan:
| Column 1 | Column 2 |
| Name of map being amended or | Name of amending or |
| replaced | replacement map |
| South West Growth Centre | South West Growth Centre |
| Development Control Map | Development Control Map |
| (SEPP_SRGC_SW_DVC_008_020_ | (SEPP_SRGC_SW_DVC_008_020_ |
| 20130116) | 20130208) |
| South West Growth Centre | South West Growth Centre |
| Development Control Map | Development Control Map |
| (SEPP_SRGC_SW_DVC_013_020_ | (SEPP_SRGC_SW_DVC_013_020_ |
| 20130111) | 20130208) |
| South West Growth Centre Heritage | South West Growth Centre Heritage |
| Map | Map |
| (SEPP_SRGC_SW_HER_008_020_ | (SEPP_SRGC_SW_HER_008_020_ |
| 20130122) | 20130215) |
| State Environmental Planning Policy (Sydney Region Growth Centres) | 2013 No 119 |
| Amendment (East Leppington Precinct) 2013 | Clause 3 |
| Column 1 | Column 2 |
| Name of map being amended or | Name of amending or |
| replaced | replacement map |
| South West Growth Centre Heritage | South West Growth Centre Heritage |
| Map | Map |
| (SEPP_SRGC_SW_HER_013_020_ | (SEPP_SRGC_SW_HER_013_020_ |
| 20130111) | 20130220) |
| South West Growth Centre Height of | South West Growth Centre Height of |
| Buildings Map | Buildings Map |
| (SEPP_SRGC_SW_HOB_008_020_ | (SEPP_SRGC_SW_HOB_008_020_ |
| 20130122) | 20130208) |
| South West Growth Centre Height of | South West Growth Centre Height of |
| Buildings Map | Buildings Map |
| (SEPP_SRGC_SW_HOB_013_020_ | (SEPP_SRGC_SW_HOB_013_020_ |
| 20130201) | 20130208) |
| South West Growth Centre Land | South West Growth Centre Land |
| Application Map | Application Map |
| (SEPP_SRGC_SW_LAP_008_020_ | (SEPP_SRGC_SW_LAP_008_020_ |
| 20130116) | 20130208) |
| South West Growth Centre Land | South West Growth Centre Land |
| Application Map | Application Map |
| (SEPP_SRGC_SW_LAP_013_020_ | (SEPP_SRGC_SW_LAP_013_020_ |
| 20130111) | 20130208) |
| South West Growth Centre Land | South West Growth Centre Land |
| Reservation Acquisition Map | Reservation Acquisition Map |
| (SEPP_SRGC_SW_LRA_008_020_ | (SEPP_SRGC_SW_LRA_008_020_ |
| 20130215) | 20130220) |
| South West Growth Centre Land | South West Growth Centre Land |
| Reservation Acquisition Map | Reservation Acquisition Map |
| (SEPP_SRGC_SW_LRA_013_020_ | (SEPP_SRGC_SW_LRA_013_020_ |
| 20130219) | 20130220) |
| South West Growth Centre Lot Size | South West Growth Centre Lot Size |
| Map | Map |
| (SEPP_SRGC_SW_LSZ_013_020_2 | (SEPP_SRGC_SW_LSZ_013_020_2 |
| 0130111) | 0130117) |
| South West Growth Centre Land | South West Growth Centre Land |
| Zoning Map | Zoning Map |
| (SEPP_SRGC_SW_LZN_008_020_ | (SEPP_SRGC_SW_LZN_008_020_ |
| 20130131) | 20130220) |
| 2013 No 119 | State Environmental Planning Policy (Sydney Region Growth Centres) |
| Clause 4 | Amendment (East Leppington Precinct) 2013 |
| Column 1 | Column 2 |
| Name of map being amended or | Name of amending or |
| replaced | replacement map |
| South West Growth Centre Land | South West Growth Centre Land |
| Zoning Map | Zoning Map |
| (SEPP_SRGC_SW_LZN_013_020_ | (SEPP_SRGC_SW_LZN_013_020_ |
| 20130201) | 20130220) |
| South West Growth Centre Native | South West Growth Centre Native |
| Vegetation Protection Map | Vegetation Protection Map |
| (SEPP_SRGC_SW_NVP_008_020_ | (SEPP_SRGC_SW_NVP_008_020_ |
| 20130116) | 20130208) |
| South West Growth Centre Native | South West Growth Centre Native |
| Vegetation Protection Map | Vegetation Protection Map |
| (SEPP_SRGC_SW_NVP_013_020_ | (SEPP_SRGC_SW_NVP_013_020_ |
| 20130116) | 20130208) |
| South West Growth Centre | South West Growth Centre |
| Residential Density Map | Residential Density Map |
| (SEPP_SRGC_SW_RDN_008_020_ | (SEPP_SRGC_SW_RDN_008_020_ |
| 20130116) | 20130215) |
| South West Growth Centre | South West Growth Centre |
| Residential Density Map | Residential Density Map |
| (SEPP_SRGC_SW_RDN_013_020_ | (SEPP_SRGC_SW_RDN_013_020_ |
| 20130111) | 20130208) |
| South West Growth Centre Riparian | South West Growth Centre Riparian |
| Protection Area Map | Protection Area Map |
| (SEPP_SRGC_SW_RPN_008_020_ | (SEPP_SRGC_SW_RPN_008_020_ |
| 20130116) | 20130208) |
| South West Growth Centre Riparian | South West Growth Centre Riparian |
| Protection Area Map | Protection Area Map |
| (SEPP_SRGC_SW_RPN_013_020_ | (SEPP_SRGC_SW_RPN_013_020_ |
| 20130111) | 20130208) |
4 Repeal of Policy
|
| State Environmental Planning Policy (Sydney Region Growth Centres) | 2013 No 119 |
| Amendment (East Leppington Precinct) 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:
|
[2] Clause 21 Land to which Part applies
Insert after clause 21 (4) (h):
(i) land to which the Campbelltown Growth Centres Precinct Plan 2013 (as referred to in Appendix 10) applies.
[3] Appendix 9 Camden Growth Centres Precinct Plan
Insert “on land in the Leppington North Precinct” after “development” in clause 4.1A (3).
[4] Appendix 9, clause 4.1A (3A)
Insert after subclause (3):
| (3A) | The minimum lot size for certain residential development on land in the East Leppington Precinct is set out in the table below. | |||||||||||||||
|
| 2013 No 119 | State Environmental Planning Policy (Sydney Region Growth Centres) Amendment (East Leppington Precinct) 2013 |
| Schedule 1 | Amendment of State Environmental Planning Policy (Sydney Region Growth Centres) 2006 |
[5] Appendix 9, clause 4.1A (4)
Insert “or (3A)” after “subclause (3)”.
[6] Appendix 9, Clause 4.1C
Insert after clause 4.1B:
| 4.1C | Erection of dwelling houses on land in Zone R3 | |||
|
[7] Appendix 10
Insert after Appendix 9:
| ||
| ||
| Note. The Standard Instrument (Local Environmental Plans) Order 2006 sets out matters to be included in standard local environmental plans. While this Precinct Plan is not a standard local environmental plan, it is generally consistent with standard plans. A number of clauses from the Standard Instrument (Local Environmental Plans) Order 2006 have been included in this Precinct Plan and the clause numbering from that Order has been retained. This means that the numbering in this Precinct Plan may contain some gaps. Additional provisions have been inserted and are numbered accordingly. | ||
|
This Precinct Plan is the Campbelltown 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 for land that will ensure the creation of quality environments and good design outcomes, |
| (b) | to protect and enhance environmentally sensitive natural areas and cultural heritage, |
| State Environmental Planning Policy (Sydney Region Growth Centres) | 2013 No 119 |
| Amendment (East Leppington Precinct) 2013 |
| Amendment of State Environmental Planning Policy (Sydney Region | Schedule 1 |
| Growth Centres) 2006 |
| (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 East Leppington
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 South West Growth Centre (as shown on the Precinct Boundary Map).
| 1.4 | Definition |
In this Precinct Plan, Council means Campbelltown 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. Campbelltown Local Environmental Plan—District 8 (Central Hills
Lands) ceases to apply to the land to which this Precinct Plan applies.
| (3) | This clause does not affect the operation of other provisions of this State environmental planning policy. |
| 2013 No 119 | State Environmental Planning Policy (Sydney Region Growth Centres) Amendment (East Leppington Precinct) 2013 |
| Schedule 1 | Amendment of State Environmental Planning Policy (Sydney Region Growth Centres) 2006 |
| 1.8A | Savings provision relating to pending development applications |
If a development application has been made before the commencement of this Precinct Plan in relation to land to which this Precinct Plan applies and the application has not been finally determined before that commencement, the application must be determined as if this Precinct Plan had not commenced.
| 1.9 | Application of SEPPs | |
| ||
| (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 | |||
|
| (a) | to a covenant imposed by the Council or that the Council requires to be imposed, or |
| (b) | to any prescribed instrument within the meaning of section 183A of the Crown Lands Act 1989, or |
| (c) | to any conservation agreement within the meaning of the National Parks and Wildlife Act 1974, or |
| (d) | to any Trust agreement within the meaning of the Nature Conservation Trust Act 2001, or |
| (e) | to any property vegetation plan within the meaning of the Native Vegetation Act 2003, or |
| State Environmental Planning Policy (Sydney Region Growth Centres) | 2013 No 119 |
| Amendment (East Leppington Precinct) 2013 |
| Amendment of State Environmental Planning Policy (Sydney Region | Schedule 1 |
| Growth Centres) 2006 |
| (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:
Residential Zones
R2 Low Density Residential
R3 Medium Density Residential
Business Zones
B2 Local Centre
B4 Mixed Use
Special Purpose Zones
SP2 Infrastructure
Recreation Zones
RE1 Public Recreation
Environment Protection Zones
E2 Environmental Conservation E3 Environmental Management
| 2.2 | Zoning of land to which Precinct Plan applies |
For the purposes of this Precinct Plan, land is within the zones shown on the Land Zoning Map.
| 2.3 | Zone objectives and Land Use Table | |
|
zone:
| (a) | the objectives for development, and |
| (b) | development that may be carried out without consent, and |
| 2013 No 119 | State Environmental Planning Policy (Sydney Region Growth Centres) Amendment (East Leppington Precinct) 2013 |
| Schedule 1 | Amendment of State Environmental Planning Policy (Sydney Region Growth Centres) 2006 |
| (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: | |||
| ||||
| (4) | This clause is subject to the other provisions of this Precinct Plan. | |||
| Notes. |
1 Schedule 1 to this Appendix sets out additional permitted uses for particular land.
2 Schedule 1 to this Policy sets out exempt development (which is generally exempt from both Parts 4 and 5 of the Act). Development in the Land Use Table that may be carried out without consent is nevertheless subject to the environmental assessment and approval requirements of Part 5 of the Act or, if applicable, Part 3A of the Act.
3 Schedule 2 to this Policy sets out complying development (for which a complying development certificate may be issued as an alternative to obtaining development consent).
4 Clause 2.6 requires consent for subdivision of land.
5 Part 5 contains other provisions which require consent for particular development.
6 Part 6 sets out additional permitted uses for particular land.
| 2.4 | Unzoned land | |||
|
| (a) | must consider whether the development will impact on adjoining zoned land and, if so, consider the objectives for development in the zones of the adjoining land, and |
| (b) | must be satisfied that the development is appropriate and is compatible with permissible land uses in any such adjoining land. |
| State Environmental Planning Policy (Sydney Region Growth Centres) | 2013 No 119 |
| Amendment (East Leppington Precinct) 2013 |
| Amendment of State Environmental Planning Policy (Sydney Region | Schedule 1 |
| Growth Centres) 2006 |
| 2.5 | Additional permitted uses for particular land | |
|
| (a) with consent, or in accordance with the conditions (if any) specified in that Schedule in relation to that development. | (b) | if the Schedule so provides—without consent, |
| (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 consent.
| 2.7 | Demolition |
The demolition of a building or work may be carried out only with consent.
Note. The demolition of certain buildings and works is identified in State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 as exempt development.
| 2.8 | Temporary use of land | |||||
|
| (a) | the temporary use will not prejudice the subsequent carrying out of development on the land in accordance with this Precinct Plan and this or any other applicable environmental planning instrument, and |
| (b) | the temporary use will not adversely impact on any adjoining land or the amenity of the neighbourhood, and |
| (c) | the temporary use and location of any structures related to the use will not adversely impact on environmental |
| 2013 No 119 | State Environmental Planning Policy (Sydney Region Growth Centres) Amendment (East Leppington Precinct) 2013 |
| Schedule 1 | Amendment of State Environmental Planning Policy (Sydney Region Growth Centres) 2006 |
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
Note. Part 6 of this Precinct Plan sets out local provisions which include additional permissible land uses and heads of consideration for assessment.
| Zone R2 | Low Density Residential |
1 Objectives of zone
| • | To provide for the housing needs of the community within a low density residential environment. |
| • | To enable other land uses that provide facilities or services to meet the day to day needs of residents. |
| • | To allow people to carry out a reasonable range of activities from their homes where such activities are not likely to adversely affect the living environment of neighbours. |
| • | To support the well-being of the community by enabling educational, recreational, community, religious and other activities where compatible with the amenity of a low density residential environment. |
| • | To provide a diverse range of housing types to meet community housing needs within a low density residential environment. |
| State Environmental Planning Policy (Sydney Region Growth Centres) | 2013 No 119 |
| Amendment (East Leppington Precinct) 2013 |
| Amendment of State Environmental Planning Policy (Sydney Region | Schedule 1 |
| Growth Centres) 2006 |
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; Veterinary hospitals
4 Prohibited
Any development not specified in item 2 or 3
| Zone R3 | Medium Density Residential |
1 Objectives of zone
| • | To provide for the housing needs of the community within a medium density residential environment. |
| • | 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. |
| • | To provide for a variety of housing types, including residential flat buildings, within a medium density residential environment. |
2 Permitted without consent
Home-based child care; Home occupations
3 Permitted with consent
Attached dwellings; Boarding houses; Building identification signs; Business identification signs; Child care centres; Community facilities; Dwelling houses; Group homes; Multi
| 2013 No 119 | State Environmental Planning Policy (Sydney Region Growth Centres) Amendment (East Leppington Precinct) 2013 |
| Schedule 1 | Amendment of State Environmental Planning Policy (Sydney Region Growth Centres) 2006 |
dwelling housing; Neighbourhood shops; Places of public worship; Residential flat buildings; Roads; Seniors housing; Any other development not specified in item 2 or 4
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 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. |
| State Environmental Planning Policy (Sydney Region Growth Centres) | 2013 No 119 |
| Amendment (East Leppington Precinct) 2013 |
| Amendment of State Environmental Planning Policy (Sydney Region | Schedule 1 |
| Growth Centres) 2006 |
| • | 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 within the City of Campbelltown. |
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; 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 B4 | Mixed Use |
1 Objectives of zone
| • | To provide a mixture of compatible land uses. |
| • | To integrate suitable business, office, residential, retail and other development in accessible locations so as to maximise public transport patronage and encourage walking and cycling. |
| 2013 No 119 | State Environmental Planning Policy (Sydney Region Growth Centres) Amendment (East Leppington Precinct) 2013 |
| Schedule 1 | Amendment of State Environmental Planning Policy (Sydney Region Growth Centres) 2006 |
| • | To provide for residential development that contributes to the vitality of the local centre. |
| • | To ensure that residential development adjacent to the local centre does not detract from the primary function of the centre being to provide for retail, business, entertainment and community uses. |
| • | To facilitate active retail, commercial, entertainment and community uses at ground level of mixed use developments. |
2 Permitted without consent
Home-based child care; Home occupations
3 Permitted with consent
Backpackers’ accommodation; Boarding houses; Business premises; Child care centres; Community facilities; Educational establishments; Entertainment facilities; Function centres; Health services facilities; Hostels; Hotel or motel accommodation; Information and education facilities; Multi dwelling housing; Office premises; Passenger transport facilities; Recreation facilities (indoor); Registered clubs; Residential flat buildings; Retail premises; Roads; Seniors housing; Serviced apartments; Shop top housing; Any other development not specified in item 2 or 4
4 Prohibited
Agriculture; Air transport facilities; Boat repair facilities; Boat sheds; Bulky goods premises; Caravan parks; Cemeteries; Charter and tourism boating facilities; Correctional centres; Crematoria; Depots; Electricity generating works; Exhibition homes; Extractive industries; Forestry; Freight transport facilities; Home occupations (sex services); Industries; Mortuaries; Recreation areas; Recreation facilities (major); Research stations; Residential accommodation; Rural industries; Sewerage systems; Sex services premises; Storage premises; Tourist and visitor accommodation; Transport depots; Waste or resource management facilities; Water recreation structures; Wholesale supplies
Zone SP2 Infrastructure
1 Objectives of zone
| • | To provide for infrastructure and related uses. |
| State Environmental Planning Policy (Sydney Region Growth Centres) | 2013 No 119 |
| Amendment (East Leppington Precinct) 2013 |
| Amendment of State Environmental Planning Policy (Sydney Region | Schedule 1 |
| Growth Centres) 2006 |
| • | To prevent development that is not compatible with or that may detract from the provision of infrastructure. |
2 Permitted without consent
Nil
3 Permitted with consent
Building identification signs; Bush fire hazard reduction works; Car parks; Community facilities; Drainage; Earthworks; Emergency services facilities; Environmental facilities; Environmental protection works; Flood mitigation works; Roads; The purpose shown on the Land Zoning Map, including any development that is ordinarily incidental or ancillary to development for that purpose; Water recycling facilities; Waterbodies (artificial); Water supply systems
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
| 2013 No 119 | State Environmental Planning Policy (Sydney Region Growth Centres) Amendment (East Leppington Precinct) 2013 |
| Schedule 1 | Amendment of State Environmental Planning Policy (Sydney Region Growth Centres) 2006 |
facilities (outdoor); Restaurants; Roads; Take away food and drink premises; Water recreation structures; Waterbodies (artificial)
4 Prohibited
Any development not specified in item 2 or 3
| Zone E2 | Environmental Conservation |
1 Objectives of zone
| • | To protect, manage and restore areas of high ecological, scientific, cultural or aesthetic values. |
| • | To prevent development that could destroy, damage or otherwise have an adverse effect on those values. |
2 Permitted without consent
Nil
3 Permitted with consent
Building identification signs; Drainage; Environmental facilities; Environmental protection works; Information and education facilities; Kiosks
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 E3 | Environmental Management |
1 Objectives of zone
| • | To protect, manage and restore areas with special ecological, scientific, cultural or aesthetic values. |
| • | To provide for a limited range of development that does not have an adverse effect on those values. |
| • | To set aside certain land as protected scenic environment. |
| • | To ensure that such land will remain a rural environment providing visual contrast to the urban areas of Campbelltown. |
| State Environmental Planning Policy (Sydney Region Growth Centres) | 2013 No 119 |
| Amendment (East Leppington Precinct) 2013 |
| Amendment of State Environmental Planning Policy (Sydney Region | Schedule 1 |
| Growth Centres) 2006 |
| • | To ensure that the residents of Campbelltown will continue to have views of, and access to, a rural environment. |
| • | To preserve existing farming and agricultural research activities. |
2 Permitted without consent
Home-based child care; Home occupations
3 Permitted with consent
Agriculture; Dwelling houses; Environmental facilities; Environmental protection works; Flood mitigation works; Home businesses; Home industries; Recreation areas; Roads
4 Prohibited
Industries; Multi dwelling housing; Residential flat buildings; Retail premises; Seniors housing; Service stations; Warehouse or distribution centres; Any other development not specified in item 2 or 3
| 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. |
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| (3) | To be exempt development, the development: | |||||||
| ||||||||
| (4) | Development that relates to an existing building that is classified under the Building Code of Australia as class 1b or class 2–9 is exempt development only if: | |||||||
| ||||||||
| (5) | To be exempt development, the development must: | |||||||
| ||||||||
| 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. |
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| (2) | Development specified in Part 1 of Schedule 2 to this Policy that is carried out in compliance with: | |||||
| ||||||
| is complying development. | ||||||
| Note.See also clause 5.8 (3) which provides that the conversion of fire alarms is complying development in certain circumstances. | ||||||
| (3) | To be complying development, the development must: | |||||
| ||||||
| (4) | A complying development certificate for development specified in Part 1 of Schedule 2 to this Policy is subject to the conditions (if any) set out in Part 2 of that Schedule. | |||||
| (5) | A heading to an item in Schedule 2 to this Policy is taken to be part of that Schedule. |
| 3.3 | Environmentally sensitive areas excluded | |||
|
environmentally sensitive area for exempt or complying
development means any of the following:
| (a) | the coastal waters of the State, |
| (b) | a coastal lake, |
| (c) | land to which State Environmental Planning Policy No 14—Coastal Wetlands or State Environmental Planning Policy No 26—Littoral Rainforests applies, |
| (d) | land reserved as an aquatic reserve under the Fisheries Management Act 1994 or as a marine park under the Marine Parks Act 1997, |
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| (e) | land within a wetland of international significance declared under the Ramsar Convention on Wetlands or within a World heritage area declared under the World Heritage Convention, |
| (f) | land within 100 metres of land to which paragraph (c), (d) or (e) applies, |
| (g) | land identified in this or any other environmental planning instrument as being of high Aboriginal cultural significance or high biodiversity significance, |
| (h) | land reserved as a state conservation area under the National Parks and Wildlife Act 1974, |
(i) land reserved or dedicated under the Crown Lands Act 1989 for the preservation of flora, fauna, geological formations or for other environmental protection purposes,
| (j) | land identified as being critical habitat under the Threatened Species Conservation Act 1995 or Part 7A of the Fisheries Management Act 1994, |
| (k) | land in Zone E2 Environmental Conservation, |
| (l) | land that is shown as a native vegetation retention area or an existing native vegetation area on the Native Vegetation Protection Map, |
| (m) | land that is identified on the Riparian Protection Area Map. |
| Part 4 | Principal development standards |
| 4.1 | Minimum subdivision lot size | |
|
| (a) | to ensure orderly and efficient use of land, |
| (b) | to ensure a minimum lot size sufficient for development, |
| (c) | to allow for a range of lot sizes that cater for a diversity of land uses and employment activities. |
| (2) | This clause applies to a subdivision of any land shown on the Lot Size Map that requires development consent and that is carried out after the commencement of this Precinct Plan. |
| (3) | The size of any lot resulting from any such subdivision of land to which this clause applies is not to be less than the minimum size shown on the Lot Size Map in relation to that land. |
| (4) | This clause does not apply in relation to the subdivision of individual lots in a strata plan or community title scheme. |
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| 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, |
| (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, |
| (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. | |||||||||||||||
| ||||||||||||||||
| (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. |
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| 4.1B | Residential density | |
|
| (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 growth centre precinct and adjoining land. |
| (2) | This clause applies to residential development of the kind referred to in clause 4.1A (3) that: | |||||
| ||||||
| (3) | The density of any residential development to which this clause applies is not to be less than the density shown on the Residential Density Map in relation to that land. | |||||
| (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. |
| 4.1C | Erection of dwelling houses on land in Zone R3 and Zone E3 | |||
|
| 4.3 | Height of buildings | |
|
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| (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. |
| 4.6 | Exceptions to development standards | |
|
| (a) | to provide an appropriate degree of flexibility in applying certain development standards to particular development, |
| (b) | to achieve better outcomes for and from development by allowing flexibility in particular circumstances. |
| (2) | Development consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this clause does not apply to a development standard that is expressly excluded from the operation of this clause. | |||
| (3) | Development consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating: | |||
| ||||
| (4) | Development consent must not be granted for development that contravenes a development standard unless: | |||
|
(i) the applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3), and
(ii) the proposed development will be in the public interest because it is consistent with the objectives
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of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out, and
| (b) | the concurrence of the Director-General has been obtained. |
| (5) | In deciding whether to grant concurrence, the Director-General must consider: | |||||
| ||||||
| (6) | Development consent must not be granted under this clause for a subdivision of land in Zone RU1 Primary Production, Zone RU2 Rural Landscape, Zone RU3 Forestry, Zone RU4 Primary Production Small Lots, Zone RU6 Transition, Zone R5 Large Lot Residential, Zone E2 Environmental Conservation, Zone E3 Environmental Management or Zone E4 Environmental Living if: | |||||
| ||||||
| Note. When this Precinct Plan was made it did not include any of these zones other than Zone E2 Environmental Conservation and Zone E3 Environmental Management. | ||||||
| (7) | After determining a development application made pursuant to this clause, the consent authority must keep a record of its assessment of the factors required to be addressed in the applicant’s written request referred to in subclause (3). | |||||
| (8) | This clause does not allow development consent to be granted for development that would contravene any of the following: | |||||
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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 | |
|
Note. If the landholder will suffer hardship if there is any delay in the land being acquired by the relevant authority, section 23 of the Land Acquisition (Just Terms Compensation) Act 1991 requires the authority to acquire the land.
| (2) | The authority of the State that will be the relevant authority to acquire land, if the land is required to be acquired under the owner-initiated acquisition provisions, is the authority of the State specified below in relation to the land shown on the Land Reservation Acquisition Map (or, if an authority of the State is not specified in relation to land required to be so acquired, the authority designated or determined under those provisions). | |||
| Type of land shown on Map Authority of the State | ||||
| ||||
| marked “Local open space” | ||||
| ||||
| marked “Local drainage” | ||||
| ||||
| marked “Local road” | ||||
| ||||
| marked “Community facility” | ||||
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| marked “Classified road” | ||||
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| (3) | Development on land acquired by an authority of the State under the owner-initiated acquisition provisions may, before it is used |
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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 | |
|
Note. Under the Local Government Act 1993, “public land” is generally land vested in or under the control of a council (other than roads, Crown reserves and commons). The classification or reclassification of public land may also be made by a resolution of the Council under section 31, 32 or 33 of the Local Government Act 1993. Section 30 of that Act enables this Precinct Plan to discharge trusts on which public reserves are held if the land is reclassified under this Precinct Plan as operational land.
| (2) | The public land described in Part 1 or Part 2 of Schedule 4 to this Appendix is classified, or reclassified, as operational land for the purposes of the Local Government Act 1993. | |||
| (3) | The public land described in Part 3 of Schedule 4 to this Appendix is classified, or reclassified, as community land for the purposes of the Local Government Act 1993. | |||
| (4) | The public land described in Part 1 of Schedule 4 to this Appendix: | |||
| ||||
| (5) | The public land described in Part 2 of Schedule 4 to this Appendix, 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, |
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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 | |||||||
|
| (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, and |
| (c) | if the land is in Zone RE1 Public Recreation, the size, configuration and function of any land marked “Local open space” on the Land Reservation Acquisition Map is not compromised by the development. |
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| (5) | The clause does not prescribe a development standard that may be varied under this Precinct Plan. |
| 5.4 | Controls relating to miscellaneous permissible uses | |
|
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. | ||||
| (4) | Industrial retail outlets | |||
| If development for the purposes of an industrial retail outlet is permitted under this Precinct Plan, the retail gross floor area must not exceed: | ||||
| ||||
| whichever is the lesser. | ||||
| (5) | Farm stay accommodation | |||
| If development for the purposes of farm stay accommodation is permitted under this Precinct Plan, the accommodation that is provided to guests must consist of no more than 3 bedrooms. | ||||
| (6) | Kiosks | |||
| If development for the purposes of a kiosk is permitted under this Precinct Plan, the gross floor area must not exceed 30 square metres. |
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| (7) | Neighbourhood shops | |||
| If development for the purposes of a neighbourhood shop is permitted under this Precinct Plan, the retail gross floor area must not exceed 100 square metres. | ||||
| (8) | Roadside stalls | |||
| If development for the purposes of a roadside stall is permitted under this Precinct Plan, the gross floor area must not exceed 8 square metres. | ||||
| (9) | Secondary dwellings | |||
| If development for the purposes of a secondary dwelling is permitted under this Precinct Plan, the total gross floor area of the dwelling (excluding any area used for parking) must not exceed whichever of the following is the greater: | ||||
|
| 5.6 | Architectural roof features | |
|
| (a) | to ensure that architectural roof features are decorative elements only, and |
| (b) | to ensure that the majority of the roof features are contained within the prescribed building height. |
| (2) | Development that includes an architectural roof feature that exceeds, or causes a building to exceed, the height limits set by clause 4.3 may be carried out, but only with consent. |
(3) Development consent must not be granted to any such development unless the consent authority is satisfied that:
| (a) | the architectural roof feature: | |||
| ||||
| ||||
| (b) | any building identification signage or equipment for servicing the building (such as plant, lift motor rooms, fire stairs and the like) contained in or supported by the |
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roof feature is fully integrated into the design of the roof
feature.
| 5.8 | Conversion of fire alarms | |||
|
| (a) | converting a fire alarm system from connection with the alarm monitoring system of Fire and Rescue NSW to connection with the alarm monitoring system of a private service provider, |
| (b) | converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with the alarm monitoring system of another private service provider, |
| (c) | converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with a different alarm monitoring system of the same private service provider. |
| (3) | Development to which subclause (2) applies is complying development if it consists only of: | |||
| ||||
| (4) | A complying development certificate for any such complying development is subject to a condition that any building work may only be carried out between 7.00 am and 6.00 pm on Monday to Friday and between 7.00 am and 5.00 pm on Saturday, and must not be carried out on a Sunday or a public holiday. | |||
| (5) | In this clause: | |||
| private service provider means a person or body that has entered into an agreement that is in force with Fire and Rescue NSW to monitor fire alarm systems. |
| 5.9 | Preservation of trees or vegetation | |
|
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| (2) | This clause applies to species or kinds of trees or other vegetation that are prescribed for the purposes of this clause by a development control plan made by the Director-General. | |||||||||
| Note. A development control plan may prescribe the trees or other vegetation to which this clause applies by reference to species, size, location or other manner. | ||||||||||
| (3) | A person must not ringbark, cut down, top, lop, remove, injure or wilfully destroy any tree or other vegetation to which any such development control plan applies without the authority conferred by: | |||||||||
| ||||||||||
| (4) | The refusal by the Council to grant a permit to a person who has duly applied for the grant of the permit is taken for the purposes of the Act to be a refusal by the Council to grant consent for the carrying out of the activity for which a permit was sought. | |||||||||
| (5) | This clause does not apply to a tree or other vegetation that the Council is satisfied is dying or dead and is not required as the habitat of native fauna. | |||||||||
| (6) | This clause does not apply to a tree or other vegetation that the Council is satisfied is a risk to human life or property. | |||||||||
| (7) | This clause does not apply to or in respect of: | |||||||||
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| (f) | native vegetation retention areas to which clause 6.2 of this Precinct Plan applies, or |
| (g) | existing native vegetation 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: | ||||||||
| ||||||||
| (2) | Requirement for consent | |||||||
| Development consent is required for any of the following: | ||||||||
|
(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 Policy 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, |
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| (e) | erecting a building on land: | |||
| ||||
| (f) | subdividing land: | |||
|
| (3) | When consent not required | |
| However, development consent under this clause is not required | ||
| if: | ||
|
(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: | |||
| ||||
| (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. |
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| (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: | ||||||
| ||||||
| 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): | ||||||
| ||||||
| (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: |
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| (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: | ||||||||||
| ||||||||||
| (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: | ||||||||||
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| 5.11 | Bush fire hazard reduction |
Bush fire hazard reduction work authorised by the Rural Fires
Act 1997 may be carried out on any land without consent.
Note. The Rural Fires Act 1997 also makes provision relating to the carrying out of development on bush fire prone land.
| 5.12 | Infrastructure development and use of existing buildings of the Crown | |||
|
| Part 6 | Additional local provisions |
| 6.1 | Public utility infrastructure | |||
|
| (a) | the supply of water, |
| (b) | the supply of electricity, |
| (c) | the disposal and management of sewage. |
| (3) | This clause does not apply to development for the purpose of providing, extending, augmenting, maintaining or repairing any public utility infrastructure referred to in this clause. |
| 6.2 | Development controls—native vegetation retention areas | |||
|
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| (3) | This clause does not apply to native vegetation that the Council is satisfied: | |||||||||||
| ||||||||||||
| (4) | This clause does not apply to any native vegetation: | |||||||||||
| ||||||||||||
| (5) | A person must not clear native vegetation on land to which this clause applies without: | |||||||||||
| ||||||||||||
| (6) | Development consent under this clause is not to be granted unless the consent authority is satisfied of the following in relation to the disturbance of native vegetation: | |||||||||||
| ||||||||||||
| (7) | The consent authority must, when determining a development application in respect of the clearing of native vegetation on land within a zone under this Precinct Plan, have regard to the objectives for development in that zone. | |||||||||||
| (8) | This clause does not apply to or in respect of action required or authorised to be done by or under the Electricity Supply Act 1995, |
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the Roads Act 1993, the Surveying and Spatial Information
Act 2002 or the Sydney Water Act 1994.
| 6.3 | Development controls—existing native vegetation | |||||||
| ||||||||
| 6.4 | Development controls—flood planning | |||||||
|
| (a) | to minimise the flood risk to life and property associated with the use of land, |
| (b) | to allow development on land that is compatible with the land’s flood hazard, taking into account projected changes as a result of climate change, |
| (c) | to avoid significant adverse impacts on flood behaviour and the environment. |
| (2) | This clause applies to land identified as “Flood prone and major creeks land” on the South West Growth Centre Development Control Map. | |||
| (3) | Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied that the development: | |||
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| (c) | incorporates appropriate measures to manage risk to life from flood, and |
| (d) | is not likely to significantly adversely affect the environment or cause avoidable erosion, siltation, destruction of riparian vegetation or a reduction in the stability of river banks or watercourses, and |
| (e) | is not likely to result in unsustainable social and economic costs to the community as a consequence of flooding. |
| (4) | A word or expression used in this clause has the same meaning as it has in the Floodplain Development Manual (ISBN 0 7347 5476 0) published by the NSW Government in April 2005, unless it is otherwise defined in this clause. |
| 6.5 | Sex services premises | |||
|
| (a) | in Zone R2 Low Density Residential, Zone R3 Medium Density Residential or Zone RE1 Public Recreation, or |
| (b) | used for the purposes of a child care centre, a community facility, a school or a place of public worship. |
| (3) | In deciding whether to grant consent to development for the purposes of sex services premises, the consent authority must consider the impact the proposed development would have on any place likely to be regularly frequented by children. |
| 6.6 | Restricted premises | |
|
| (a) | in Zone R2 Low Density Residential, 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. |
| 2013 No 119 | State Environmental Planning Policy (Sydney Region Growth Centres) Amendment (East Leppington Precinct) 2013 |
| Schedule 1 | Amendment of State Environmental Planning Policy (Sydney Region Growth Centres) 2006 |
| (2) | In deciding whether to grant consent to development for the purposes of restricted premises, the consent authority must consider: | |||||
|
| 6.7 | Maximum gross floor area for retail premises in Zone B2 |
| Despite any other provision of this Precinct Plan, the total floor space of all development for the purpose of retail premises on land in Zone B2 Local Centre must not exceed 16,500 square metres. |
Schedule 1 Additional permitted uses
(Clause 2.5)
1 Use of land in Zone B2
|
2 Use of land in Zone SP2
|
| State Environmental Planning Policy (Sydney Region Growth Centres) | 2013 No 119 |
| Amendment (East Leppington Precinct) 2013 |
| Amendment of State Environmental Planning Policy (Sydney Region | Schedule 1 |
| 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 |
| 2013 No 119 | State Environmental Planning Policy (Sydney Region Growth Centres) Amendment (East Leppington Precinct) 2013 |
| Schedule 1 | Amendment of State Environmental Planning Policy (Sydney Region Growth Centres) 2006 |
Schedule 5 Environmental heritage
(Clause 5.10)
Part 1 Heritage items
| Precinct | Item | Address | Property | Significance Item no | ||
| name | description | |||||
| East | Upper | Between the | Lot 1, DP |
| ||
| Leppington | Nepean | south eastern | 610145 | |||
| Scheme— | boundary and | |||||
| Upper | Denham | |||||
| Canal | Court Road |
Part 3 Archaeological sites
| Precinct | Item name | Address Property | Significance | Item no |
description
| East | Former | Lot 41, DP | Potential State | A1 |
| Leppington | Leppington | 1174145 | ||
| Farm House |
[8] Schedule 1 Exempt development
| Omit “and Appendix 9, Clause 3.1”. Insert instead “, Appendix 9, Clause 3.1 and Appendix 10, Clause 3.1”. |
[9] Schedule 2 Complying development
| Omit “and Appendix 9, Clause 3.2”. Insert instead “, Appendix 9, Clause 3.2 and Appendix 10, Clause 3.2”. |
[10] Dictionary
Insert the following paragraph with appropriate numbering after the last paragraph of the notes to the definitions of bed and breakfast accommodation, farm stay accommodation, home business, home industry, industrial retail outlet, kiosk, neighbourhood shop, roadside stall and secondary dwelling:
clause 5.4 of Appendix 10 in respect of land to which the
Campbelltown Growth Centres Precinct Plan applies.
| State Environmental Planning Policy (Sydney Region Growth Centres) | 2013 No 119 |
| Amendment (East Leppington Precinct) 2013 |
| Amendment of State Environmental Planning Policy (Sydney Region | Schedule 1 |
| Growth Centres) 2006 |
[11] Dictionary
Insert in alphabetical order:
East Leppington Precinct means the land shown within the East Leppington Precinct on the South West Growth Centre Precinct Boundary Map.
[12] Dictionary
Omit the definition of Residential Density Map. Insert instead:
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, |
| (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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