State Environmental Planning Policy (Sydney Region Growth Centres) Amendment (North Wilton Precinct) 2018 (2018-650) LW 20 November 2018 (NSW)

New South Wales

State Environmental Planning Policy

(Sydney Region Growth Centres)

Amendment (North Wilton Precinct) 2018

under the

Environmental Planning and Assessment Act 1979

His 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.

ANTHONY ROBERTS, MP

Minister for Planning

State Environmental Planning Policy (Sydney Region Growth Centres) Amendment (North Wilton Precinct)

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State Environmental Planning Policy (Sydney Region Growth

Centres) Amendment (North Wilton Precinct) 2018

under the

Environmental Planning and Assessment Act 1979

1      Name of Policy

This Policy is State Environmental Planning Policy (Sydney Region Growth Centres)

Amendment (North Wilton Precinct) 2018.

2      Commencement

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

3      Maps

(1)

The maps adopted by Wollondilly Local Environmental Plan 2011 are amended or

replaced, as the case requires, by the maps approved on the making of this Policy.

(2)

The maps adopted by State Environmental Planning Policy (Sydney Region Growth

Centres) 2006 are amended or replaced, as the case requires, by the maps on the

making of this Policy.

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This Policy is repealed on the day following the day on which this Policy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

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[1]      Clause 21 Land to which Part applies

Insert after clause 21 (4) (m):

(n) land to which the North Wilton Precinct Plan 2018 (as referred to in Appendix 15) applies.

[2]      Appendix 14 South East Wilton Precinct Plan

Omit “the Wilton Interim Land Use and Infrastructure Implementation Plan dated August 2017” from paragraph (a) of the definition of South East Wilton structure plans in clause 1.4.

Insert instead “Wilton 2040: A Plan for the Wilton Growth Area dated 28 September 2018”.

[3]      Appendix 14, clause 1.8A

Insert at the end of the clause:

(2)	If a development application has been made before the commencement of
State Environmental Planning Policy (Sydney Region Growth Centres) Amendment (North Wilton Precinct) 2018 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 that Policy had not commenced.
(3)	Despite subclause (2), clause 4.3A, as amended by State Environmental
Planning Policy (Sydney Region Growth Centres) Amendment (North Wilton Precinct) 2018, extends to a development application that is made (but not
finally determined) before the commencement of that Policy.

[4]      Appendix 14, clause 4.3A

Omit “, attached dwellings” from clause 4.3A (2) (b).

[5]      Appendix 14, clause 4.3A (2) (c)

Insert at the end of clause 4.3A (2) (b):

, or

(c) attached dwellings being 15 or fewer dwellings per hectare of the land or exceeding 45 dwellings per hectare of the land.

[6]      Appendix 14, clause 4.3A (5), definition of “density”

Omit “land that is not zoned for residential purposes”.

Insert instead “land used for non-residential purposes”.

[7]      Appendix 15

Insert after Appendix 14:

Appendix 15 North Wilton 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, a number of clauses from the Standard Instrument (Local Environmental Plans)

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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 North Wilton Precinct Plan 2018.

1.2 Aims of Precinct Plan

The aims of this Precinct Plan are as follows:

(a)	to rezone land to allow for development to occur in the manner envisaged by the North Wilton structure plans,
(b)	to deliver housing choice and affordability by accommodating a wide range of residential dwelling types that cater for housing diversity,
(c)	to guide the bulk and scale of future development within the North Wilton Precinct consistent with the North Wilton structure plans,
(d)	to protect and enhance conservation areas and areas of significant native vegetation and habitat, as well as to establish development controls that require the impact of development on native flora and fauna (including koalas) to be assessed,
(e)	to rezone land to allow for retail and commercial uses to meet the needs of future residents of the North Wilton Precinct.

1.3 Land to which Precinct Plan applies

This Precinct Plan applies to land within the North Wilton Precinct as shown on the Land Application Map.

1.4 Definitions

In this Precinct Plan:

Council means Wollondilly Shire Council.

North Wilton structure plans means the following:

(a) Wilton 2040: A Plan for the Wilton Growth Area dated 28 September

2018 and published on the Department’s website,

(b) the North Wilton Precinct Structure Plan dated 11 October 2018 and published on the Department’s website.

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.

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(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. Wollondilly Local Environmental Plan 2011 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.

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 3.28 of the Act.

Note. Section 3.28 of the Act generally provides that SEPPs prevail over LEPs and

other instruments. However, an environmental planning instrument may (by an additional provision included in the instrument) displace or amend a SEPP or LEP to deal specifically with the relationship between the instrument and the SEPP or LEP.

(2)	State Environmental Planning Policy No 1—Development Standards does not
apply to the land to which this Precinct Plan applies.
(3)	In the event of an inconsistency between this Precinct Plan and any other provision of this or any other environmental planning instrument, whether made before or after the commencement of this Precinct Plan, this Precinct Plan prevails to the extent of the inconsistency.
Note. The other provisions of this State environmental planning policy also contain
provisions applying development controls to the Wilton Growth Area Precinct.

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 biodiversity certification conferred under Part 8 of the

Biodiversity Conservation Act 2016, or

(c) to any private land conservation agreement within the meaning of the

Biodiversity Conservation Act 2016, or

(d) to any relevant instrument within the meaning of section 13.4 of the

Crown Land Management Act 2016, or

(e) to the relevant provisions of a land management (native vegetation) code (and the necessary mandatory code compliant certificate) with respect to a set aside area under Part 5A of the Local Land Services Act

2013, or

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(f) to any conservation agreement within the meaning of the National

Parks and Wildlife Act 1974, or

(g)

to any Trust agreement within the meaning of the Nature Conservation

Trust Act 2001 that is continued in force by the Biodiversity

Conservation (Savings and Transitional) Regulation 2017, or

(h)

to any property vegetation plan within the meaning of the Native

Vegetation Act 2003 that is continued in force by the Biodiversity

Conservation (Savings and Transitional) Regulation 2017, or

(i) to any planning agreement within the meaning of Division 7.1 of the Act.

(3)

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

any registered instrument.

(4)

Under section 3.16 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:

Urban Development Zone

1 Urban Development

Special Purposes Zones

SP2 Infrastructure

Environment Protection Zones

E2 Environmental Conservation

2.2 Zoning of land to which Precinct Plan applies

For the purposes of this Precinct Plan, land is within the zones shown on the

Land Zoning Map.

2.3	Zone objectives and Land Use Table
(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.

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Notes.

1       Schedule 1 to this Precinct Plan sets out additional permitted uses for particular land.

2       Clause 2.6 of this Precinct Plan requires consent for the subdivision of land.

3       Part 5 of this Precinct Plan contains other provisions which require consent for particular development.

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

Notes.

1       If a subdivision is specified as exempt development in an applicable environmental planning instrument, such as this Precinct Plan or State

Environmental Planning Policy (Exempt and Complying Development Codes)

2008, the Act enables it to be carried out without development consent.

2       Part 6 of State Environmental Planning Policy (Exempt and Complying

Development Codes) 2008 provides that the strata subdivision of a building in

certain circumstances is complying development.

(2)	Development consent must not be granted for the subdivision of land on which a secondary dwelling is situated if the subdivision would result in the principal dwelling and the secondary dwelling being situated on separate lots, unless the resulting lots are not less than the minimum size shown on the Lot Size Map in relation to that land.
Note. The definition of secondary dwelling in the Dictionary requires the dwelling to be on the same lot of land as the principal dwelling.

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.

Land Use Table

Note. Parts 6 and 7 of this Precinct Plan set out local provisions which include additional permissible

land uses and heads of consideration for assessment.

Zone 1 Urban Development

1      Objectives of zone

• To manage the transition of land from non-urban uses to urban uses.

• To encourage the development of well-planned and well-serviced new urban communities in accordance with the North Wilton structure plans.

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• To ensure a range of uses, and uses located in a way, that are consistent with the strategic planning for the North Wilton Precinct.

• To safeguard land used for non-urban purposes from development that could prejudice the use of the land for future urban purposes.

• To ensure that land adjacent to environmental conservation areas is developed in a way that enhances biodiversity outcomes for the Precinct.

2      Permitted without consent

Home occupations

3      Permitted with consent

Any development not specified in item 2 or 4

4      Prohibited

Air transport facilities; Animal boarding or training establishments; Boat building and repair facilities; Camping grounds; Caravan parks; Cemeteries; Charter and tourism boating facilities; Correctional centres; Crematoria: Depots; Electricity generating works; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Heavy industrial storage establishments; Heavy industries; Home occupations (sex services); Mooring pens; Moorings; Open cut mining; Port facilities; Resource recovery facilities; Rural industries

Zone SP2 Infrastructure

1      Objectives of zone

• To provide for infrastructure and related uses.

• To prevent development that is not compatible with or that may detract from the provision of infrastructure.

2      Permitted without consent

Nil

3      Permitted with consent

The purpose shown on the Land Zoning Map, including any development that is ordinarily incidental or ancillary to development for that purpose

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

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3      Permitted with consent

Environmental facilities: Environmental protection works; Information and education facilities; Kiosks; Recreation areas; Roads

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

Part 4 Principal development standards

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

(a)	to ensure that the minimum size for lots is sufficient for the provision of usable areas for building and open space,
(b)	to encourage the efficient use of land for residential purposes.

(2)

This clause applies to a subdivision of any land shown on the Lot Size Map that requires development consent and that is carried out after the commencement of this Precinct Plan.

(3)

The size of any lot resulting from any such subdivision of land to which this clause applies is not to be less than the minimum size shown on the Lot Size Map in relation to that land.

(4)

This clause does not apply in relation to the subdivision of individual lots in a

strata plan.

4.3A	Residential density
(1) The consent authority must not grant development consent to development that results in more than 5,600 dwellings on the land to which this Precinct Plan applies. (2) The consent authority must not grant development consent to development on land if the development will result in the density of:

(a)	dwelling houses and dual occupancies being 15 or fewer dwellings per hectare of the land or exceeding 25 dwellings per hectare of the land, or
(b)	residential flat buildings, multi dwelling housing, mixed use development and shop top housing being 25 or fewer dwellings per hectare of the land or exceeding 45 dwellings per hectare of the land, or
(c)	attached dwellings being 15 or fewer dwellings per hectare of the land or exceeding 45 dwellings per hectare of the land.

(3)

Subclause (2) does not prevent a subdivision that provides for individual dwellings to be on separate lots if the consent authority is satisfied that the subdivision does not also involve the creation of additional dwelling entitlements.

(4)

This clause has effect despite anything to the contrary in any other provision

of this Precinct Plan.

(5)

In this clause:

density means the ratio of the number of dwellings to the area of the land to be

occupied by the development, including internal streets and half the width of

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any roads adjoining the development that provide vehicular access to the

development but excluding land used for non-residential purposes.

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)

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:

(a)	that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and
(b)	that there are sufficient environmental planning grounds to justify contravening the development standard.

(4)

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 Planning Secretary has been obtained.

(5)

In deciding whether to grant concurrence, the Planning Secretary must

consider:

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

(6)

Development consent must not be granted under this clause for a subdivision

of land in Zone E2 Environmental Conservation if:

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

(7)

After determining a development application made pursuant to this clause, the consent authority must keep a record of its assessment of the factors required to be addressed in the applicant’s written request referred to in subclause (3).

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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,
(d)	clause 6.2 or 7.1.

Part 5 Miscellaneous provisions

5.1A	Consideration of development applications
(1) Development consent must not be granted to the carrying out of development on land within Zone 1 Urban Development unless the consent authority:

(a)	has notified the Planning Secretary about the proposed development, and
(b)	has considered any submission made by the Planning Secretary to the consent authority about the proposed development, and
(c)	is satisfied that the development is consistent with the North Wilton structure plans, and
(d)	is satisfied that there is no mining lease (within the meaning of the

Mining Act 1992) over the land.

(2)	If the Planning Secretary fails to make a submission to the consent authority within 14 days of being notified of the proposed development, the consent authority may determine the development application without complying with subclause (1) (b).
Note. Under clause 85 of State Environmental Planning Policy (Infrastructure) 2007, the consent authority must notify the rail authority for the Maldon–Dombarton Rail Corridor before considering a development application relating to land that is in or adjacent to that corridor.

5.1	Relevant acquisition authority
(1) The objective of this clause is to identify, for the purposes of section 3.15 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).

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Type of land shown on Map or on	Authority of the State
Map for underlying zone for land
Zone SP2 Infrastructure and marked	Council
“Local drainage”
Zone SP2 Infrastructure and marked	Council
“Local road”
Zone SP2 Infrastructure and marked	Roads and Maritime Services
“Classified Road”

(3)	Development on land acquired by an authority of the State under the owner-initiated acquisition provisions may, before it is used for the purpose for which it is reserved, be carried out, with development consent, for any purpose.
Note. If land, other than land specified in the table to subclause (2), is required to be
acquired under the owner-initiated acquisition provisions, the Minister for Planning 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 (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.
(2)	The public land described in Part 1 or Part 2 of Schedule 4 to this Precinct Plan 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 Precinct Plan 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 Precinct Plan:

(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 this Precinct Plan, 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 to this Precinct Plan, 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

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required before the description of the land is inserted in Part 2 of Schedule 4 to 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 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 50 square metres of floor area.

(4)

Industrial retail outlets

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

(a)	43% of the gross floor area of the industry or rural industry located on the same land as the retail outlet, 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 5 bedrooms.

(6)

Kiosks

If development for the purposes of a kiosk is permitted under this Precinct

Plan, the gross floor area must not exceed 20 square metres.

(7)

Neighbourhood shops

If development for the purposes of a neighbourhood shop is permitted under this Precinct Plan, the retail floor area must not exceed 400 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 75 square metres.

(9)

Secondary dwellings

If development for the purposes of a secondary dwelling is permitted under this Precinct Plan, the total floor area of the dwelling (excluding any area used for parking) must not exceed whichever of the following is the greater:

(a)	60 square metres,
(b)	25% of the total floor area of the principal dwelling.

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5.6	Architectural roof features
(1) The objective of this clause is to ensure that architectural roof features are decorative elements only. (2) 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 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 450 mm × 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.

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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 the environmental heritage of the North Wilton Precinct,
(b)	to conserve the heritage significance of heritage items and heritage conservation areas, including associated fabric, settings and views,
(c)	to conserve archaeological sites,
(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 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

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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
(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.

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(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
(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 development 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 with or without development consent, or that is exempt development, under State Environmental Planning

Policy (Infrastructure) 2007.

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(2)

This Precinct Plan does not restrict or prohibit, or enable the restriction or

prohibition of, the use of existing buildings of the Crown by the Crown.

Part 6 Urban release areas

6.1 Definitions

In this Part:

designated State public infrastructure means public facilities or services that

are provided or financed by the State (or if provided or financed by the private sector, to the extent of any financial or in-kind contribution by the State) of the following kinds:

(a)	State and regional roads,
(b)	bus interchanges and bus lanes,
(c)	land required for regional open space,
(d)	land required for social infrastructure and facilities (such as land for schools, hospitals, emergency services and justice purposes).

urban release area means an area of land to which this Precinct Plan applies

that is shown hatched and marked “Urban Release Area” on the Urban Release

Area Map.

6.2

Arrangements for designated State public infrastructure

(1)	The objective of this clause is to require satisfactory arrangements to be made for the provision of designated State public infrastructure before the subdivision of land in an urban release area to satisfy needs that arise from development on the land, but only if the land is developed intensively for urban purposes.
(2)	Development consent must not be granted for the subdivision of land in an urban release area if the subdivision would create a lot smaller than the minimum lot size permitted on the land immediately before the land became, or became part of, an urban release area, unless the Planning Secretary has certified in writing to the consent authority that satisfactory arrangements have been made to contribute to the provision of designated State public infrastructure in relation to that lot.
(3)	Subclause (2) does not apply to:

(a)	any lot identified in the certificate as a residue lot, or
(b)	any lot to be created by a subdivision of land that was the subject of a previous development consent granted in accordance with this clause, or
(c)	any lot that is proposed in the development application to be reserved or dedicated for public open space, public roads, public utility undertakings, educational facilities or any other public purpose, or
(d)	a subdivision for the purpose only of rectifying an encroachment on any existing lot.

(4) This clause does not apply to a development application to carry out development on land in an urban release area if all or any part of the land to which the application applies is in a special contributions area (as defined by section 7.1 of the Act).

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6.3 Relationship between Part and remainder of Precinct Plan

A provision of this Part prevails over any other provision of this Precinct Plan to the extent of any inconsistency.

Part 7 Additional local provisions

7.1

Public utility infrastructure

(1) Development consent must not be granted for development on land to which this Precinct Plan applies unless the council 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 it is required. (2) 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. (3) 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.

7.2

Development in Zone E2 Environmental Conservation

(1) This clause applies to land within Zone E2 Environmental Conservation (other than any such land owned by a public authority). (2) Despite any other provision of this Precinct Plan, the consent authority must not grant development consent for development on land to which this clause applies unless it has considered a vegetation management plan that relates to all of that land. (3) The vegetation management plan must address, to the satisfaction of the consent authority, the following matters:

(a)

the environmental values of the land,

(b)

methods to be used to revegetate and rehabilitate the land,

(c)

weed control,

(d)

the monitoring and ongoing management of the land,

(e)

other measures:

(i)	to control threats to the health of any remnant riparian vegetation on the land, and
(ii)	to increase species diversification and riparian vegetation cover on the land, and

(iii) to improve the land’s resistance to future weed colonisation.

7.3	Subdivision of land adjoining Zone E2 Environmental Conservation
(1) The objectives of this clause are as follows:

(a) to ensure the rehabilitation and revegetation of land that is within Zone E2 Environmental Conservation (other than any such land owned by a public authority),

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(b) to ensure that land within that Zone is managed and conserved in a holistic and sensitive manner.

(2)

This clause applies to any lot that includes land within Zone E2 Environmental

Conservation and land within another zone.

(3)

Despite any other provision of this Precinct Plan, the consent authority must not grant development consent for the subdivision of land to which this clause applies or any other development on that land unless it is satisfied that:

(a)	appropriate arrangements have been made for the revegetation and rehabilitation of that land within Zone E2 Environmental Conservation, and
(b)	those arrangements:

(i)      provide for the ongoing monitoring and management of that land, and

(ii)      will take effect before, or simultaneously with, the proposed subdivision or development concerned, and

(iii)      are appropriate when considered in conjunction with any vegetation management plan prepared in accordance with clause 7.2.

7.4	Earthworks
(1) The objectives of this clause are as follows:

(a)	to ensure that earthworks for which development consent is required will not have a detrimental impact on environmental functions and processes, neighbouring uses, cultural or heritage items or features of the surrounding land,
(b)	to allow earthworks of a minor nature without requiring separate development consent.

(2)

Development consent is required for earthworks unless:

(a)	the earthworks are exempt development under this Precinct Plan or another applicable environmental planning instrument, or
(b)	the earthworks are ancillary to other development for which development consent has been given.

(3)

Before granting development consent for earthworks, the consent authority

must consider the following matters:

(a)	the likely disruption of, or any detrimental effect on, existing drainage patterns and soil stability in the locality,
(b)	the effect of the development on the likely future use or redevelopment of the land,
(c)	the quality of the fill or the soil to be excavated, or both,
(d)	the effect of the development on the existing and likely amenity of adjoining properties,
(e)	the source of any fill material and the destination of any excavated material,
(f)	the likelihood of disturbing Aboriginal objects,
(g)	the proximity to and potential for adverse impacts on any watercourse, drinking water catchment or environmentally sensitive area,

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(h) any appropriate measures proposed to avoid, minimise or mitigate the impacts of the development.

Note. The National Parks and Wildlife Act 1974, particularly section 86, deals with disturbing or excavating land and Aboriginal objects.

7.5

Location of sex services premises

(1)	The objective of this clause is to minimise land use conflicts and adverse amenity impacts by providing a reasonable level of separation between sex services premises, specified land uses and places regularly frequented by children.
(2)	In deciding whether to grant development consent to development for the purposes of sex services premises, the consent authority must consider whether the premises will be located on land that adjoins, is directly opposite or is separated only by a local road from land used for the purposes of a centre-based child care facility, a community facility, a school or a place of public worship.

7.6

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 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.

7.7 Retail premises

Development consent must not be granted to development for the purpose of retail premises on the land to which this Precinct Plan applies unless the consent authority is satisfied that the development will not detrimentally affect existing or future development on:

(a)	the land to which this Precinct Plan applies, or
(b)	land in any nearby business centre.

Schedule 1 Additional permitted uses

(Clause 2.5)

Schedule 4

Classification and reclassification of public

land

(Clause 5.2)

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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

Schedule 5 Environmental heritage

(Clause 5.10)

Part 1 Heritage items

Precinct Item name Address Property Significance Item

description no

Nil

[8]      Dictionary

Insert in alphabetical order:

North Wilton Precinct means the land shown within the North Wilton

Precinct on the Wilton Growth Area Precinct Boundary Map.