State Environmental Planning Policy (Sydney Region Growth Centres) Amendment (Riverstone West Precinct) 2009 (2009-392) LW 7 August 2009 (NSW)

No judgment structure available for this case.

2009 No 392

New South Wales

State Environmental Planning Policy

(Sydney Region Growth Centres)

Amendment (Riverstone West

Precinct) 2009

under the

Environmental Planning and Assessment Act 1979

Her Excellency the Governor, with the advice of the Executive Council, has made the following State environmental planning policy under the Environmental Planning and Assessment Act 1979 in accordance with the recommendation made by the Minister for Planning. (S08/01829/PC-1)

KRISTINA KENEALLY, MP

Minister for Planning

Published LW 7 August 2009

Page 1

2009 No 392	State Environmental Planning Policy (Sydney Region Growth Centres)
Clause 1	Amendment (Riverstone West Precinct) 2009

State Environmental Planning Policy (Sydney Region

Growth Centres) Amendment (Riverstone West

Precinct) 2009

under the

Environmental Planning and Assessment Act 1979

1 Name of Policy

This Policy is State Environmental Planning Policy (Sydney Region

Growth Centres) Amendment (Riverstone West Precinct) 2009.

2 Commencement

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

3 Approval and declaration of maps

(1)	The following maps adopted by State Environmental Planning Policy (Sydney Region Growth Centres) 2006 are approved by the Minister on the making of this Policy:

(a)	State Environmental Planning Policy (Sydney Region Growth Centres) 2006—North West Growth Centre Development Control Map,
(b)	State Environmental Planning Policy (Sydney Region Growth Centres) 2006—South West Growth Centre Development Control Map,
(c)	State Environmental Planning Policy (Sydney Region Growth Centres) 2006—North West Growth Centre Land Zoning Map,
(d)	State Environmental Planning Policy (Sydney Region Growth Centres) 2006—South West Growth Centre Land Zoning Map,
(e)	State Environmental Planning Policy (Sydney Region Growth Centres) 2006—North West Growth Centre Precinct Boundary Map,
(f)	State Environmental Planning Policy (Sydney Region Growth Centres) 2006—South West Growth Centre Precinct Boundary Map.

State Environmental Planning Policy (Sydney Region Growth Centres)

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Amendment (Riverstone West Precinct) 2009

Clause 3

(2)

Each map adopted by State Environmental Planning Policy (Sydney Region Growth Centres) 2006 that is specified in Column 1 of the following Table is declared by this Policy to be amended or replaced, as the case requires, by the map specified opposite in Column 2 of the Table as approved by the Minister on the making of this Policy.

Column 1	Column 2
Name of map being amended or	Name of amending or
replaced	replacement map
State Environmental Planning Policy	State Environmental Planning Policy
(Sydney Region Growth Centres)	(Sydney Region Growth Centres)
2006—North West Growth Centre	2006—North West Growth Centre
Floor Space Ratio Map	Floor Space Ratio Map
(SEPP_SRGC_NW_FSR_004_020_	(SEPP_SRGC_NW_FSR_004_020_
20081203)	20090701)
State Environmental Planning Policy	State Environmental Planning Policy
(Sydney Region Growth Centres)	(Sydney Region Growth Centres)
2006—North West Growth Centre	2006—North West Growth Centre
Floor Space Ratio Map	Floor Space Ratio Map
(SEPP_SRGC_NW_FSR_005_020_	(SEPP_SRGC_NW_FSR_005_020_
20081203)	20090701)
State Environmental Planning Policy	State Environmental Planning Policy
(Sydney Region Growth Centres)	(Sydney Region Growth Centres)
2006—North West Growth Centre	2006—North West Growth Centre
Height of Buildings Map	Height of Buildings Map
(SEPP_SRGC_NW_HOB_004_020_	(SEPP_SRGC_NW_HOB_004_020_
20081203)	20090731)
State Environmental Planning Policy	State Environmental Planning Policy
(Sydney Region Growth Centres)	(Sydney Region Growth Centres)
2006—North West Growth Centre	2006—North West Growth Centre
Height of Buildings Map	Height of Buildings Map
(SEPP_SRGC_NW_HOB_005_020_	(SEPP_SRGC_NW_HOB_005_020_
20081203)	20090731)
State Environmental Planning Policy	State Environmental Planning Policy
(Sydney Region Growth Centres)	(Sydney Region Growth Centres)
2006—North West Growth Centre	2006—North West Growth Centre
Lot Size Map	Lot Size Map
(SEPP_SRGC_NW_LSZ_004_020_	(SEPP_SRGC_NW_LSZ_004_020_
20081203)	20090731)

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Clause 4	Amendment (Riverstone West Precinct) 2009

Column 1	Column 2
Name of map being amended or	Name of amending or
replaced	replacement map
State Environmental Planning Policy	State Environmental Planning Policy
(Sydney Region Growth Centres)	(Sydney Region Growth Centres)
2006—North West Growth Centre	2006—North West Growth Centre
Lot Size Map	Lot Size Map
(SEPP_SRGC_NW_LSZ_005_020_	(SEPP_SRGC_NW_LSZ_005_020_
20081203)	20090731)
State Environmental Planning Policy	State Environmental Planning Policy
(Sydney Region Growth Centres)	(Sydney Region Growth Centres)
2006—North West Growth Centre	2006—North West Growth Centre
Native Vegetation Protection Map	Native Vegetation Protection Map
(SEPP_SRGC_NW_NVP_004_020_	(SEPP_SRGC_NW_NVP_004_020_
20081203)	20090723)
State Environmental Planning Policy	State Environmental Planning Policy
(Sydney Region Growth Centres)	(Sydney Region Growth Centres)
2006—North West Growth Centre	2006—North West Growth Centre
Native Vegetation Protection Map	Native Vegetation Protection Map
(SEPP_SRGC_NW_NVP_005_020_	(SEPP_SRGC_NW_NVP_005_020_
20081203)	20090723)

4 Repeal of Policy

(1)

This Policy is repealed on the day following the day on which all of the

provisions of the Policy have commenced.

(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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Schedule 1

Amendment of State Environmental

Planning Policy (Sydney Region Growth

Centres) 2006

[1] Clause 3 Interpretation

Omit “(Edition 2)” wherever occurring in the definitions of growth centre, growth centre precinct and transitional land in clause 3 (1).

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

Omit “in red” wherever occurring.

[3] Clause 7 Controls applying to precincts after finalisation of precinct planning process

Insert at the end of the Table to clause 7 in Columns 1 and 2, respectively:

Riverstone West Precinct, North West Growth Centre

Appendix 3

[4] Clauses 19 and 20

Omit the clauses. Insert instead:

19	Development on flood prone and major creeks land—additional heads of consideration

(1)

This clause applies to development requiring consent that is carried out on flood prone and major creeks land (other than any such land to which clause 20 applies).

(2)

Consent is not to be granted to the carrying out of development to which this clause applies unless the consent authority has taken the following into consideration:

(a)	whether or not the development will adversely affect flood behaviour resulting in detrimental increases in the potential flood affectation of other development or properties,
(b)	whether or not the development will alter flow distributions and velocities to the detriment of other properties or the environment of the floodplain,
(c)	whether the development will enable safe occupation of the flood prone and major creeks land,
(d)	whether or not the development will detrimentally affect the floodplain environment or cause avoidable erosion, siltation, salinity, destruction of riparian vegetation or a reduction in the stability of the riverbank/watercourse,

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(e)

whether or not the development will be likely to result in unsustainable social and economic costs to the flood affected community or general community, as a consequence of flooding,

(f)

whether or not the development is compatible with the flow conveyance function of the floodway,

(g)

whether or not the development is compatible with the flood hazard,

(h)

in the case of development consisting of the excavation or filling of land, whether or not the development:

(i)	will detrimentally affect the existing drainage patterns and soil stability in the locality, and
(ii)	will significantly impact on the likely future use or redevelopment of the land, and

(iii)	will adversely impact on the existing and likely amenity of adjoining properties, and
(iv)	will minimise the disturbance of relics, and
(v)	will adversely impact on any watercourse, drinking water catchment or environmentally sensitive area.

Note. Section 79C of the Act requires other matters to be taken into consideration by a consent authority, including any draft environmental planning instrument that is placed on public exhibition during the precinct planning process for the purpose of including relevant land use and other development controls in an Appendix to this Policy.

20 Development on and near certain land at Riverstone West

(1)

This clause applies to the land shown outlined in red on the North

West Growth Centre Development Control Map.

(2)

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

(a)	will be undertaken in a manner that is consistent with the Floodplain Management Strategy (being part of the Riverstone West Precinct Development Control Plan), and
(b)	does not increase flood levels on adjoining properties in events up to the design 100 year recurrence flood, and
(c)	limits any increases in flood velocities on adjoining properties in events up to the design 100 year recurrence flood to minor increases only, and

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(d)	is not likely to result in adverse flood impacts on adjoining properties (including during any construction stage of the proposed development).

(3)	This clause does not apply to development that the consent authority is satisfied is minor and will not result in unacceptable adverse flood impacts on adjoining properties.

[5] Clause 21 Land to which Part applies

Omit clause 21 (4). Insert instead:

(4)

Despite subclause (1), this Part does not apply to the following:

(a)	the North Kellyville Precinct,
(b)	the Riverstone West Precinct.

[6] Appendix 2

Omit “light industry” from clause 5.4 (3) of the Appendix.

Insert instead “home industry”.

[7] Appendix 3

Insert after Appendix 2:

Appendix 3

Riverstone West Precinct Plan

Part 1

Preliminary

Note. The Standard Instrument (Local Environmental Plans) Order 2006 sets out matters to be included in standard local environmental plans. While this Precinct Plan is not a standard local environmental plan, it is generally consistent with standard plans. A number of clauses from the Standard Instrument (Local Environmental Plans) Order 2006 have been included in this Precinct Plan and the clause numbering from that Order has been retained. This means that the numbering in this Precinct Plan may contain some gaps. Additional provisions have been inserted and are numbered accordingly.

1.1

Name of Precinct Plan

This Precinct Plan is the Riverstone West Precinct Plan 2009.

1.2

Aims of Precinct Plan

The aims of this Precinct Plan are as follows:

(a)	to make development controls for land in the Riverstone West Precinct within the North West Growth Centre that will ensure the creation of quality environments and good design outcomes,

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(b)	to protect and enhance the environmentally sensitive natural areas in, and the cultural heritage of, the Precinct,
(c)	to provide for recreational opportunities within the Precinct,
(d)	to provide for innovative development in the Precinct that encourages employment and economic growth,
(e)	to provide for the sustainable development of the Precinct,
(f)	to promote pedestrian and vehicle connectivity with adjoining Precincts and localities and within the Precinct.

1.3

Land to which Precinct Plan applies

This Precinct Plan applies to land within the Riverstone West

Precinct.

1.4

Definitions

In this Precinct Plan, Council means Blacktown City Council.

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

1.6

Consent authority

The consent authority for the purposes of this Precinct Plan is

(subject to the Act) the Council.

1.8

Repeal of other local planning instruments applying to land

(1) All local environmental plans and deemed environmental planning instruments applying only to the land to which this Precinct Plan applies are repealed.

(2) All local environmental plans and deemed environmental planning instruments applying to the land to which this Precinct Plan applies and to other land cease to apply to the land to which this Precinct Plan applies.

(3)

This clause does not affect the operation of other provisions of

this State Environmental Planning Policy.

(4)

Despite this clause, Division 3 of Part 3 of Blacktown Local Environmental Plan 1988 (as in force on the commencement of this Precinct Plan) continues to apply as if those provisions formed part of this Precinct Plan, but only in relation to the following heritage items within the meaning of that Plan:

(a)	House—Part of Lot 211, DP 830505, No 17 Richards Avenue,

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(b)	Group of Workers’ Cottages—Part of Lot 211, DP 830505, Nos 23, 25, 27, 29, 31, 33, 37, 39, 43, 45, 47 and 49 Richards Avenue,
(c)	Shop—former Butcher’s Shop—Part of Lot 10, DP 736235, Garfield Road West.

1.9

Application of SEPPs

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

Note. Section 36 of the Act generally provides that SEPPs prevail over LEPs. However, an environmental planning instrument may (by an additional provision included in the instrument) displace or amend a SEPP or LEP to deal specifically with the relationship between the instrument and the SEPP or LEP.

(2) The following State environmental planning policies (or provisions) do not apply to the land to which this Precinct Plan applies:

State Environmental Planning Policy No 1—Development

Standards

State Environmental Planning Policy No 4—Development Without Consent and Miscellaneous Exempt and Complying Development (clause 6 and Parts 3 and 4)

State Environmental Planning Policy No 60—Exempt and

Complying Development

(3)	Subject to section 74 (1) of the Act, in the event of an inconsistency between this Precinct Plan and any other provision of this or any other environmental planning instrument whether made before or after the commencement of this Precinct Plan, this Precinct Plan prevails to the extent of the inconsistency.
Note. The other provisions of this State Environmental Planning Policy also contain provisions applying development controls to the North West Growth Centre, including the Riverstone West Precinct.

1.9A

Suspension of covenants, agreements and instruments

(1)

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

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(2)

This clause does not apply:

(a)	to a covenant imposed by the Council or that the Council requires to be imposed, or
(b)	to any prescribed instrument within the meaning of section 183A of the Crown Lands Act 1989, or
(c)	to any conservation agreement within the meaning of the National Parks and Wildlife Act 1974, or
(d)	to any Trust agreement within the meaning of the Nature Conservation Trust Act 2001, or
(e)	to any property vegetation plan within the meaning of the Native Vegetation Act 2003, or
(f)	to any biobanking agreement within the meaning of Part 7A of the Threatened Species Conservation Act 1995, 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)

Pursuant to section 28 of the Act, before the making of this

clause, the Governor 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:

Business Zones

B7 Business Park

Industrial Zones

IN1 General Industrial

IN2 Light Industrial

Special Purpose Zones

SP2 Infrastructure

Recreation Zones

RE2 Private Recreation

Environment Protection Zones

E2 Environmental Conservation

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2.2

Zoning of land to which Precinct Plan applies

For the purposes of this Precinct Plan, land is within the zones shown on the Land Zoning Map.

2.3

Zone objectives and land use table

(1)	The Land Use Table at the end of this Part specifies for each

zone:

(a)	the objectives for development, and
(b)	development that may be carried out without consent, and
(c)	development that may be carried out only with consent, and
(d)	development that is prohibited.

(2)

The consent authority must have regard to the objectives for development in a zone when determining a development application in respect of land within the zone.

(3)

In the Land Use Table at the end of this Part:

(a)	a reference to a type of building or other thing is a reference to development for the purposes of that type of building or other thing, and
(b)	a reference to a type of building or other thing does not include (despite any definition in this Policy) a reference to a type of building or other thing referred to separately in the Table in relation to the same zone.

(4)

This clause is subject to the other provisions of this Precinct Plan.

Notes.

1 Schedule 1 sets out additional permitted uses for particular land.

2 The Riverstone West Precinct Development Control Plan (subject to State Environmental Planning Policy (Exempt and Complying Development Codes) 2008) sets out exempt development (which is generally exempt from both Parts 4 and 5 of the Act). Development in the Land Use Table that may be carried out without consent is nevertheless subject to the environmental assessment and approval requirements of Part 5 of the Act or, if applicable, Part 3A of the Act.

3 The Riverstone West Precinct Development Control Plan (subject to State Environmental Planning Policy (Exempt and Complying Development Codes) 2008) 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.

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2.4

Unzoned land

(1)

Development may be carried out on unzoned land only with

consent.

(2)

Before granting consent, the consent authority:

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

2.5

Additional permitted uses for particular land

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

(a)	with consent, or
(b)	if the Schedule so provides—without consent,

in accordance with the conditions (if any) specified in that

Schedule in relation to that development.

(2)	This clause has effect despite anything to the contrary in the Land Use Table at the end of this Part or other provision of this Precinct Plan.

2.6

Subdivision—consent requirements

(1)

Land to which this Precinct Plan applies may be subdivided, but

only with consent.

(2)

However, consent is not required for a subdivision for the

purpose only of any one or more of the following:

(a)

widening a public road,

(b)

a minor realignment of boundaries that does not create:

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

(c)

a consolidation of lots that does not create additional lots or the opportunity for additional dwellings,

(d)

rectifying an encroachment on a lot,

(e)

creating a public reserve,

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(f)	excising from a lot land that is, or is intended to be, used for public purposes, including drainage purposes, rural fire brigade or other emergency service purposes or public toilets.

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

2.6A

Demolition

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

Note. The demolition of certain buildings and works is identified in the Riverstone West Precinct Development Control Plan and State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 as exempt or complying development.

2.6B

Temporary use of land

(1)

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

(2)

Despite any other provision of this Precinct Plan, development consent may be granted for development on land in any zone for a temporary purpose for a maximum period of 52 days (whether or not consecutive days) in any period of 12 months.

(3)

Development consent must not be granted unless the consent

authority is satisfied that:

(a)	the temporary use will not prejudice the subsequent carrying out of development on the land in accordance with this Precinct Plan and this or any other environmental planning instrument, and
(b)	the temporary use will not adversely impact on any adjoining land or the amenity of the neighbourhood, and
(c)	the temporary use and location of any structures related to the use will not adversely impact on environmental attributes or features of the land, or increase the risk of natural hazards that may affect the land, and
(d)	at the end of the temporary use period, the site will, as far as is practicable, be restored to the condition in which it was before the commencement of the use.

(4)	This clause does not prescribe a development standard that may be varied under this Precinct Plan.

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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 B7

Business Park

1 Objectives of zone

•	To provide a range of office and light industrial uses.
•	To encourage employment opportunities.
•	To enable other land uses that provide facilities or services to meet the day to day needs of workers in the area.

2 Permitted without consent

Nil

3 Permitted with consent

Child care centres; Hotel or motel accommodation; Light industries; Neighbourhood shops; Office premises; Passenger transport facilities; Roads; Warehouse or distribution centres; Any other development not specified in item 2 or 4

4 Prohibited

Agriculture; Air transport facilities; Biosolid waste applications; Bulky goods premises; Caravan parks; Cemeteries; Correctional centres; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Helipads; Home-based child care; Home businesses; Home industries; Home occupations; Home occupations (sex services); Industries; Information and education facilities; Moveable dwellings; Nightclubs; Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Residential accommodation; Restriction facilities; Tourist and visitor accommodation; Waste disposal facilities

Zone IN1 General Industrial

1 Objectives of zone

•	To provide a wide range of industrial and warehouse land uses.
•	To encourage employment opportunities.
•	To minimise any adverse effect of industry on other land uses.
•	To enable development for the purpose of retail premises only where it serves convenience needs, or where the goods or materials sold are of a type and nature consistent with construction and maintenance of buildings.

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2 Permitted without consent

Nil

3 Permitted with consent

Animal boarding or training establishments; Depots; Drainage; Earthworks; Freight transport facilities; Light industries; Neighbourhood shops; Roads; Take away food and drink premises; Warehouse or distribution centres; Any other development not specified in item 2 or 4

4 Prohibited

Agriculture; Air transport facilities; Biosolid waste applications; Bulky goods premises; Business premises; Caravan parks; Cemeteries; Child care centres; Community facilities; Correctional centres; Educational establishments; Entertainment facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Function centres; Health services facilities; Heavy industries; Home-based child care; Home businesses; Home industries; Home occupations; Home occupations (sex services); Information and education facilities; Moveable dwellings; Nightclubs; Office premises; Public administration buildings; Recreation facilities (major); Registered clubs; Residential accommodation; Restriction facilities; Retail premises; Tourist and visitor accommodation; Vehicle sales or hire premises; Waste disposal facilities

Zone IN2 Light Industrial

1 Objectives of zone

•	To provide a wide range of light industrial, warehouse and related land uses.
•	To encourage employment opportunities and to support the viability of centres.
•	To minimise any adverse effect of industry on other land uses.
•	To enable other land uses that provide facilities or services to meet the day to day needs of workers in the area.

2 Permitted without consent

Nil

3 Permitted with consent

Depots; Drainage; Earthworks; Food and drink premises; Freight transport facilities; Funeral chapels; Funeral homes; Landscape and garden supplies; Light industries; Mortuaries; Neighbourhood shops;

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Resource recovery facilities; Roads; Service stations; Timber and building supplies; Vehicle body repair workshops; Vehicle repair stations; Vehicle sales or hire premises; Warehouse or distribution centres; Waste or resource transfer stations; Any other development not specified in item 2 or 4

4 Prohibited

Agriculture; Air transport facilities; Airstrips; Biosolid waste applications; Bulky goods premises; Business premises; Caravan parks; Cemeteries; Correctional centres; Entertainment facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Function centres; Helipads; Home-based child care; Home businesses; Home industries; Home occupations; Home occupations (sex services); Hospitals; Industries; Information and education facilities; Moveable dwellings; Nightclubs; Office premises; Public administration buildings; Recreation facilities (major); Recreation facilities (outdoor); Residential accommodation; Restriction facilities; Retail premises; Tourist and visitor accommodation; Waste or resource management facilities

Zone SP2 Infrastructure

1 Objectives of zone

•	To provide for infrastructure and related uses.
•	To prevent development that is not compatible with or that may detract from the provision of infrastructure.

2 Permitted without consent

Nil

3 Permitted with consent

The purpose shown on the Land Zoning Map, including any development that is ordinarily incidental or ancillary to development for that purpose; Drainage; Earthworks; Environmental protection works; Flood mitigation works; Roads; Water recycling facilities; Waterbodies (artificial)

4 Prohibited

Any development not specified in item 2 or 3

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Zone RE2 Private Recreation

1 Objectives of zone

•	To enable land to be used for private open space or recreational purposes.
•	To provide a range of recreational settings and activities and compatible land uses.
•	To protect and enhance the natural environment for recreational purposes.

2 Permitted without consent

Nil

3 Permitted with consent

Boat launching ramps; Caravan parks; Community facilities; Drainage; Earthworks; Electricity generating works; Environmental facilities; Environmental protection works; Extensive agriculture; Flood mitigation works; Information and education facilities; Kiosks; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Roads; Signage; Water recycling facilities; Water supply systems; Waterbodies (artificial)

4 Prohibited

Any development not specified in item 3

Zone E2

Environmental Conservation

1 Objectives of zone

•	To protect, manage and restore areas of high ecological, scientific, cultural or aesthetic values.
•	To prevent development that could destroy, damage or otherwise have an adverse effect on those values.

2 Permitted without consent

Nil

3 Permitted with consent

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

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4 Prohibited

Business premises; Hotel or motel accommodation; Industries; Multi dwelling housing; Recreation facilities (major); Residential flat buildings; Retail premises; Seniors housing; Service stations; Warehouse or distribution centres; Any other development not specified in item 2 or 3

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 of minimal environmental impact listed in the Riverstone West Precinct Development Control Plan is *exempt development*, despite any other provision of this Precinct Plan.
(3)	Development is exempt development only if it complies with the development standards and other requirements applied to the development by this Part and by the Riverstone West Precinct Development Control Plan.
Note. State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies exempt development codes that have State-wide application. If the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 and the Riverstone West Precinct Development Control Plan both specify the same development as exempt development, that Policy provides that the Development Control Plan does not apply to that development.

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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.

The section states that development cannot be complying development

if:

(a)	it is on land that is critical habitat of an endangered species, population or ecological community (identified under the Threatened Species Conservation Act 1995 or the Fisheries Management Act 1994), or
(b)	it is on land within a wilderness area (identified under the Wilderness Act 1987), or
(c)	the development is designated development, or
(d)	the development is on land that comprises, or on which there is, an item of environmental heritage (that is listed on the State Heritage Register or that is subject to an interim heritage order under the Heritage Act 1977 or that is identified as such an item in an environmental planning instrument), or
(e)	the development requires concurrence (except a concurrence of the Director-General of the Department of Environment, Climate Change and Water in respect of development that is likely to significantly affect a threatened species, population, or ecological community, or its habitat (identified under the Threatened Species Conservation Act 1995)), or
(f)	the development is on land identified as an environmentally sensitive area.

(1)

The objective of this clause is to identify development as

complying development.

(2)

Development listed in the Riverstone West Precinct Development

Control Plan is complying development if:

(a)	it is local development of a kind that can be carried out with consent on the land on which it is proposed, and
(b)	it is not an existing use, as defined in section 106 of the Act.

Note. See also clause 5.8 (3) which provides that the conversion of fire alarms is complying development in certain circumstances.

(3)

Development is complying development only if it complies with the development standards and other requirements applied to the development by this Part and by the Riverstone West Precinct Development Control Plan.

(4)

A complying development certificate issued for any complying development is to be subject to the conditions for the development specified in the Riverstone West Precinct Development Control Plan.

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(5)

For the purposes of section 109D (1) (d) (iv) of the Act, an accredited certifier may be a certifying authority for the purpose of issuing a subdivision certificate for a subdivision of land to which this Precinct Plan applies that is complying development.

Note. State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies exempt and complying development codes that have State-wide application. On and from 27 February 2010, if the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies development as either exempt or complying development and the Riverstone West Precinct Development Control Plan specifies the same development as complying development, that Policy provides that the Development Control Plan does not apply to that development.

3.3

Environmentally sensitive areas excluded

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

environmentally sensitive area for exempt or complying

development means any of the following:

(a)	the coastal waters of the State,
(b)	a coastal lake,
(c)	land to which State Environmental Planning Policy No 14—Coastal Wetlands or State Environmental Planning Policy No 26—Littoral Rainforests applies,
(d)	land reserved as an aquatic reserve under the Fisheries Management Act 1994 or as a marine park under the Marine Parks Act 1997,
(e)	land within a wetland of international significance declared under the Ramsar Convention on Wetlands or within a World heritage area declared under the World Heritage Convention,
(f)	land within 100 metres of land to which paragraph (c), (d) or (e) applies,
(g)	land identified in this or any other environmental planning instrument as being of high Aboriginal cultural significance or high biodiversity significance,
(h)	land reserved 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,

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(j)	land identified as being critical habitat under the Threatened Species Conservation Act 1995 or Part 7A of the Fisheries Management Act 1994,
(k)	land in Zone E2 Environmental Conservation.

Part 4

Principal development standards

4.1

Minimum subdivision lot size

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

(a)	to ensure orderly and efficient use of land,
(b)	to ensure a minimum lot size sufficient for development,
(c)	to allow for a range of lot sizes that cater for a diversity of land uses and employment activities.

(2)

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

(3)

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

(4)

This clause does not apply in relation to the subdivision of

individual lots in a strata plan or community title scheme.

4.3

Height of buildings

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

(a)	to establish the maximum height of buildings on land within the Riverstone West Precinct,
(b)	to provide for a range of building heights in appropriate locations that provide a high quality urban form,
(c)	to provide appropriate height controls for commercial and industrial development,
(d)	to establish parameters for and promote a high quality built form.

(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.
(3)	In this clause, *building height* (or *height of building*) means the vertical distance between ground level (finished) at any point to the highest point of the building, including plant and lift

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overruns, but excluding communication devices, antennae,

satellite dishes, masts, flagpoles, chimneys, flues and the like.

4.4

Floor space ratio

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

(a)	to control the maximum density of development within Zone B7 Business Park,
(b)	to control the bulk and scale of buildings within Zone B7 Business Park,
(c)	to establish maximum floor space ratios for light industrial use to ensure economic and orderly development of Zone B7 Business Park.

(2)	The maximum floor space ratio for a building on any land is not to exceed the floor space ratio shown for the land on the Floor Space Ratio Map.
(3)	The maximum floor space ratio for any building (or part of a building) within Zone B7 Business Park used for the purpose of light industry is not to exceed 0.7:1.
Note. See clause 6.4 for possible additional floor space.

4.5

Calculation of floor space ratio and site area

(1)	Objectives

The objectives of this clause are as follows:

(a)

to define floor space ratio,

(b)

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

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

(iii)

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

(2)	Definition of “floor space ratio”
The *floor space ratio* of buildings on a site is the ratio of the gross floor area of all buildings within the site to the site area.

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(3)

Site area

In determining the site area of proposed development for the purpose of applying a floor space ratio, the site area is taken to be:

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

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

(4)

Exclusions from site area

The following land must be excluded from the site area:

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

(5)

Strata subdivisions

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

(6)

Only significant development to be included

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

(7)

Certain public land to be separately considered

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

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(8)

Existing buildings

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

(9)

Covenants to prevent “double dipping”

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

(10)

Covenants affect consolidated sites

If:

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

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

(11)

Definition

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

Local Government Act 1993.

4.5A

Shops—maximum gross floor area

(1)	The total gross floor area used for the purpose of shops (including neighbourhood shops) on all land within Zone B7 Business Park must not exceed 3,500 square metres.
(2)	The total gross floor area used for shops (other than premises for the retail of office supplies) in a particular development for that purpose on land within Zone B7 Business Park must not exceed 500 square metres.

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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)

Consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this clause does not apply to a development standard that is expressly excluded from the operation of this clause.

(3)

Consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating:

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

(4)

Consent must not be granted for development that contravenes a

development standard unless:

(a)	the consent authority is satisfied that:

(i) the applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3), and

(ii) the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out, and

(b)	the concurrence of the Director-General has been obtained.

(5)

In deciding whether to grant concurrence, the Director-General

must consider:

(a)	whether contravention of the development standard raises any matter of significance for State or regional environmental planning, and

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(b)	the public benefit of maintaining the development standard, and
(c)	any other matters required to be taken into consideration by the Director-General before granting concurrence.

(6)

Consent must not be granted under this clause for a subdivision

of land within Zone 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).

(8)

This clause does not allow consent to be granted for development

that would contravene any of the following:

(a)	a development standard for complying development,
(b)	a development standard that arises, under the regulations under the Act, in connection with a commitment set out in a BASIX certificate for a building to which State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 applies or for the land on which such a building is situated,
(c)	clause 5.4.

Part 5

Miscellaneous provisions

5.1

Relevant acquisition authority

(1)

The objective of this clause is to identify, for the purposes of section 27 of the Act, the authority of the State that will be the relevant authority to acquire land reserved for certain public purposes if the land is required to be acquired under Division 3 of Part 2 of the Land Acquisition (Just Terms Compensation) Act 1991 (the owner-initiated acquisition provisions).

Note. If the landholder will suffer hardship if there is any delay in the land being acquired by the relevant authority, section 23 of the Land Acquisition (Just Terms Compensation) Act 1991 requires the authority to acquire the land.

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(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

This Table is blank on the making of this Precinct Plan

(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.

Note. Under the Local Government Act 1993, “public land” is generally land vested in or under the control of a council (other than roads, Crown reserves and commons). The classification or reclassification of public land may also be made by a resolution of the Council under section 31, 32 or 33 of the Local Government Act 1993. Section 30 of that Act enables this Precinct Plan to discharge trusts on which public reserves are held if the land is reclassified under this Precinct Plan as operational land.

(2)	The public land described in Part 1 or Part 2 of Schedule 4 is classified, or reclassified, as operational land for the purposes of the Local Government Act 1993.
(3)	The public land described in Part 3 of Schedule 4 is classified, or reclassified, as community land for the purposes of the Local Government Act 1993.

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(4)

The public land described in Part 1 of Schedule 4:

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

(5)

The public land described in Part 2 of Schedule 4, to the extent (if any) that it is a public reserve, ceases to be a public reserve when the description of the land is inserted into that Part and is discharged from all trusts, estates, interests, dedications, conditions, restrictions and covenants affecting the land or any part of the land, except:

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

Note. In accordance with section 30 (2) of the Local Government Act 1993, the approval of the Governor to subclause (5) applying to the public land concerned is required before the description of the land is inserted in Part 2 of Schedule 4.

5.3

Development near zone boundaries

(1)	The objective of this clause is to provide flexibility where the investigation of a site and its surroundings reveals that a use allowed on the other side of a zone boundary would enable a more logical and appropriate development of the site and be compatible with the planning objectives and land uses for the adjoining zone.
(2)	This clause applies to so much of any land that is within the relevant distance of a boundary between any 2 zones. The relevant distance is 30 metres between any 2 zones.
(3)	This clause does not apply to:

(a)	land zoned E2 Environmental Conservation, or
(b)	land proposed to be developed for the purpose of sex services or restricted premises.

(4)	Despite the provisions of this Precinct Plan relating to the purposes for which development may be carried out, consent may be granted to development of land to which this clause applies for

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any purpose that may be carried out in the adjoining zone, but

only if the consent authority is satisfied that:

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

(5)	The clause does not prescribe a development standard that may be varied under this Precinct Plan.

5.4

Controls relating to miscellaneous permissible uses

(1)	Bed and breakfast accommodation

If development for the purposes of bed and breakfast accommodation is permitted under this Precinct Plan, the accommodation that is provided to guests must consist of no more than 3 bedrooms.

(2)

Home businesses

If development for the purposes of a home business is permitted under this Precinct Plan, the carrying on of the business must not involve the use of more than 30 square metres of 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 floor area.

(4)

Industrial retail outlets

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

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

whichever is the lesser.

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(5)

Farm stay accommodation

If development for the purposes of farm stay accommodation is permitted under this Precinct Plan, the accommodation that is provided to guests must consist of no more than 3 bedrooms.

(6)

Kiosks

If development for the purposes of a kiosk is permitted under this Precinct Plan, the gross floor area must not exceed 30 square metres.

(7)

Neighbourhood shops

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

(a)	110 square metres,
(b)	30% of the total floor area of both the self-contained dwelling and the principal dwelling.

5.6

Architectural roof features

(1)	The objectives of this clause are:

(a)	to ensure that architectural roof features are decorative elements only, and
(b)	to ensure that the majority of the roof features are contained within the prescribed building height.

(2)	Development that includes an architectural roof feature that exceeds, or causes a building to exceed, the height limits set by clause 4.3 may be carried out, but only with consent.

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(3) Development consent must not be granted to any such development unless the consent authority is satisfied that:

(a)

the architectural roof feature:

(i)	comprises a decorative element on the uppermost portion of a building, and
(ii)	is not an advertising structure, and

(iii)	does not include floor space area and is not reasonably capable of modification to include floor space area, and
(iv)	will cause minimal overshadowing, and

(b)

any building identification signage or equipment for servicing the building (such as plant, lift motor rooms, fire stairs and the like) contained in or supported by the roof feature is fully integrated into the design of the roof feature.

5.8

Conversion of fire alarms

(1)

This clause applies to a fire alarm system that can be monitored by New South Wales Fire Brigades or by a private service provider.

(2)

The following development may be carried out, but only with

consent:

(a)	converting a fire alarm system from connection with the alarm monitoring system of New South Wales Fire Brigades to connection with the alarm monitoring system of a private service provider,
(b)	converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with the alarm monitoring system of another private service provider,
(c)	converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with a different alarm monitoring system of the same private service provider.

(3)

Development to which subclause (2) applies is complying

development if it consists only of:

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

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(4)	A complying development certificate for any such complying development is subject to a condition that any building work may only be carried out between 7.00 am and 6.00 pm on Monday to Friday and between 7.00 am and 5.00 pm on Saturday, and must not be carried out on a Sunday or a public holiday.
(5)	In this clause:
*private service provider* means a person or body that has entered into an agreement that is in force with New South Wales Fire Brigades to monitor fire alarm systems.

5.9

Preservation of trees or vegetation

(1)

The objective of this clause is to preserve the amenity of the area

through the preservation of trees and other vegetation.

(2)

This clause applies to species or kinds of trees or other vegetation that are prescribed for the purposes of this clause by a development control plan made by the Director-General.

Note. A development control plan may prescribe the trees or other vegetation to which this clause applies by reference to species, size, location or other manner.

(3)

A person must not ringbark, cut down, top, lop, remove, injure or wilfully destroy any tree or other vegetation to which any such development control plan applies without the authority conferred by:

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

(4)

The refusal by the Council to grant a permit to a person who has duly applied for the grant of the permit is taken for the purposes of the Act to be a refusal by the Council to grant consent for the carrying out of the activity for which a permit was sought.

(5)

This clause does not apply to a tree or other vegetation that the Council is satisfied is dying or dead and is not required as the habitat of native fauna.

(6)

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

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

(7)

This clause does not apply to or in respect of:

(a)	the clearing of native vegetation that is authorised by a development consent or property vegetation plan under the Native Vegetation Act 2003 or that is otherwise permitted under Division 2 or 3 of Part 3 of that Act, or

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(b)	the clearing of vegetation on State protected land (within the meaning of clause 4 of Schedule 3 to the Native Vegetation Act 2003) that is authorised by a development consent under the provisions of the Native Vegetation Conservation Act 1997 as continued in force by that clause, or
(c)	trees or other vegetation within a State forest, or land reserved from sale as a timber or forest reserve under the Forestry Act 1916, or
(d)	action required or authorised to be done by or under the Electricity Supply Act 1995, the Roads Act 1993 or the Surveying Act 2002, or
(e)	plants declared to be noxious weeds under the Noxious Weeds Act 1993, or
(f)	existing native vegetation areas to which clause 6.6 of this Precinct Plan applies, or
(g)	native vegetation retention areas to which clause 6.7 of this Precinct Plan applies.

5.11

Bush fire hazard reduction

Bush fire hazard reduction work authorised by the Rural Fires

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

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

5.12

Infrastructure development and use of existing buildings of the

Crown

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

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Part 6

Additional local provisions

6.1

Public utility infrastructure

(1)

The consent authority must not grant development consent to development on land to which this Precinct Plan applies unless it is satisfied that any public utility infrastructure that is essential for the proposed development is available or that adequate arrangements have been made to make that infrastructure available when required.

(2)

In this clause, public utility infrastructure includes infrastructure

for any of the following:

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

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

6.2

Development 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.

State Environmental Planning Policy (Sydney Region Growth Centres)	2009 No 392
Amendment (Riverstone West Precinct) 2009

Amendment of State Environmental Planning Policy (Sydney Region	Schedule 1
Growth Centres) 2006

6.3

Subdivision or other development of certain land

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

(a)	to ensure the rehabilitation and revegetation of land within the Riverstone West Precinct that is within Zone E2 Environmental Conservation (other than any such land owned by a public authority),
(b)	to ensure that land within the Riverstone West Precinct is managed and conserved in a holistic and sensitive manner.

(2)

This clause applies to all land within the Riverstone West

Precinct other than:

(a)	land within Zone SP2 Infrastructure, and
(b)	land within Zone E2 Environmental Conservation that is owned by a public authority.

(3)

Despite any other provision of this Precinct Plan, the consent authority must not grant consent for 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 that is within the Riverstone West Precinct 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 6.2.

6.4

Development of land within Zone B7 Business Park—additional

floor space ratio

(1)	This clause applies to land within Zone B7 Business Park.
(2)	The objectives of this clause are as follows:

(a)	to encourage the rehabilitation and revegetation of land within the Riverstone West Precinct that is within Zone E2 Environmental Conservation,

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State Environmental Planning Policy (Sydney Region Growth Centres)

Amendment (Riverstone West Precinct) 2009

Schedule 1

Amendment of State Environmental Planning Policy (Sydney Region

Growth Centres) 2006

(b)	to ensure that land within the Riverstone West Precinct is managed and conserved in a holistic and sensitive manner,
(c)	to encourage community title subdivision.

(3)

If all of the land within the Riverstone West Precinct that is within Zone B7 Business Park and Zone E2 Environmental Conservation (other than any such Zone E2 land owned by a public authority):

(a)	is the subject of a subdivision undertaken in accordance with the Community Land Development Act 1989 for a neighbourhood scheme, and
(b)	all the land within Zone E2 Environmental Conservation (other than any such land owned by a public authority) forms neighbourhood property under that scheme,

then, despite clause 4.4 (2), the maximum floor space ratio for a

building on land within Zone B7 Business Park is:

(d)	2.25:1—for land shown with a floor space ratio of 1.75:1 on the Floor Space Ratio Map, or
(e)	3.25:1—for land shown with a floor space ratio of 2.75:1 on the Floor Space Ratio Map.

6.5

Educational establishments, hotels, motels, office premises and registered clubs on certain land within Zone IN1 Light Industrial

(1)

This clause applies to the land shown hatched on the Land Zoning

Map.

(2)

Despite any other provision of this Precinct Plan, the consent authority may grant consent to development for the purposes of educational establishments, hotel or motel accommodation, office premises or registered clubs, but only if the development is associated with or to be carried out in conjunction with development for the purposes of a recreation facility (outdoor).

6.6

Development controls—existing native vegetation

(1)

The objective of this clause is to manage existing native vegetation in accordance with the relevant biodiversity measures under Part 7 of Schedule 7 to the Threatened Species Conservation Act 1995.

(2)

This clause applies to land within an existing native vegetation

area as shown on the Native Vegetation Protection Map.

(3)

This clause does not apply to any vegetation declared to be

noxious weeds under the Noxious Weeds Act 1993.

State Environmental Planning Policy (Sydney Region Growth Centres)	2009 No 392
Amendment (Riverstone West Precinct) 2009

Amendment of State Environmental Planning Policy (Sydney Region	Schedule 1
Growth Centres) 2006

(4)

The consent authority must not grant development consent for development on land to which this clause applies unless it is satisfied that the proposed development will not result in the clearing of any existing native vegetation (within the meaning of the relevant biodiversity measures under Part 7 of Schedule 7 to the Threatened Species Conservation Act 1995).

6.7

Development controls—native vegetation retention areas

(1)

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

native vegetation.

(2)

This clause applies to land within a native vegetation retention

area as shown on the Native Vegetation Protection Map.

(3)

This clause does not apply to native vegetation that the Council

is satisfied:

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

(4)

This clause does not apply to any native vegetation:

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

(5)

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

clause applies without:

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

(6)

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

(a)	that there is no reasonable alternative available to the disturbance of the native vegetation,
(b)	that as little native vegetation as possible will be disturbed,
(c)	that the disturbance of the native vegetation will not increase salinity,
(d)	that native vegetation disturbed for the purposes of construction will be reinstated where possible on completion of construction,

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State Environmental Planning Policy (Sydney Region Growth Centres)

Amendment (Riverstone West Precinct) 2009

Schedule 1

Amendment of State Environmental Planning Policy (Sydney Region

Growth Centres) 2006

(e)	that the loss of remnant native vegetation caused by the disturbance will be compensated by revegetation on or near the land to avoid any net loss of remnant native vegetation,
(f)	that no more than 0.5 hectares of native vegetation will be cleared unless the clearing is essential for a previously permitted use of the land.

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

Schedule 1

Additional permitted uses

(Clause 2.5)

1 Certain land adjoining Zone B7 Business Park

(1)

This clause applies to that part of Lot 10, DP 736235 that is

within Zone SP2 Infrastructure.

(2)

Development that is permitted with consent on land within Zone B7 Business Park is permitted with consent on land to which this clause applies.

Schedule 4

Classification and reclassification of

public land

(Clause 5.2)

This schedule is blank on the making of this Precinct Plan

Part 1

Land classified, or reclassified, as

operational land—no interests changed

Column 1	Column 2
Locality	Description

State Environmental Planning Policy (Sydney Region Growth Centres)	2009 No 392
Amendment (Riverstone West Precinct) 2009

Amendment of State Environmental Planning Policy (Sydney Region	Schedule 1
Growth Centres) 2006

Column 1	Column 2
Locality	Description

Part 2

Land classified, or reclassified, as

operational land—interests changed

Column 1

Column 2

Column 3

Locality

Description

Any trusts etc not

discharged

Part 3

Land classified, or reclassified, as

community land

Column 1	Column 2
Locality	Description

[8] Dictionary

Insert after paragraph (b) in the notes to the definitions of bed and breakfast accommodation, farm stay accommodation, home business, home industry, industrial retail outlet, kiosk, neighbourhood shop and roadside stall:

(c)	clause 5.4 of Appendix 3 in respect of Riverstone West Precinct.

[9] Dictionary, definition of “boarding house”

Omit “generally has shared facilities, such as a communal” from paragraph (c).

Insert instead “may have shared facilities, such as a communal living room,”.

[10] Dictionary, definition of “boarding house”

Insert “, some or all of which may have private kitchen and bathroom facilities,” after “rooms” in paragraph (d).

2009 No 392

State Environmental Planning Policy (Sydney Region Growth Centres)

Amendment (Riverstone West Precinct) 2009

Schedule 1

Amendment of State Environmental Planning Policy (Sydney Region

Growth Centres) 2006

[11] Dictionary

Omit “(Edition 2)” wherever occurring in the definitions of flood prone and major creeks land, Land Zoning Map, North Kellyville Precinct, North West Growth Centre Development Control Map (Edition 2), North West Growth Centre Precinct Boundary Map (Edition 2), Oran Park Precinct, South West Growth Centre Development Control Map (Edition 2), South West Growth Centre Precinct Boundary Map (Edition 2) and Turner Road Precinct.

[12] Dictionary, definition of “flood prone and major creeks land”

Omit “hatched blue”. Insert instead “coloured blue”.

[13] Dictionary, definition of “Land Zoning Map”

Omit “(Edition 3)”.

[14] Dictionary, definition of “place of public entertainment”

Omit paragraph (b) of the note to the definition. Insert instead:

(b)

any premises the subject of a licence under the Liquor Act 2007 that are used or intended to be used for the purpose of providing entertainment, including public entertainment, but not including amusement by means of an approved gaming machine within the meaning of the Gaming Machines Act 2001, or

[15] Dictionary

Insert in alphabetical order:

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

Riverstone West Precinct Development Control Plan means the Riverstone West Precinct Development Control Plan approved by the Director-General on or before the commencement of Appendix 3.

[16] Dictionary, definition of “secondary dwelling”

Omit the note to the definition. Insert instead:

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

(a)	clause 5.4 of Appendix 2 in respect of North Kellyville Precinct,
(b)	clause 5.4 of Appendix 3 in respect of Riverstone West Precinct.

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Citations

State Environmental Planning Policy (Sydney Region Growth Centres) Amendment (Riverstone West Precinct) 2009 (2009-392) LW 7 August 2009 (NSW)

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