State Environmental Planning Policy (Western Sydney Parklands) Amendment 2012 (2012-538) LW 26 October 2012 (NSW)

2012 No 538

New South Wales

State Environmental Planning Policy

(Western Sydney Parklands)

Amendment 2012

under the

Environmental Planning and Assessment Act 1979

Her Excellency the Governor, with the advice of the Executive Council, has made the following State environmental planning policy under the Environmental Planning and Assessment Act 1979.

BRAD HAZZARD, MP

Minister for Planning and Infrastructure

Published LW 26 October 2012 Page 1

2012 No 538	State Environmental Planning Policy (Western Sydney Parklands)
Clause 1	Amendment 2012

State Environmental Planning Policy (Western Sydney

Parklands) Amendment 2012

under the

Environmental Planning and Assessment Act 1979

1      Name of Policy

This Policy is State Environmental Planning Policy (Western Sydney

Parklands) Amendment 2012.

2      Commencement

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

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This Policy is repealed on the day following the day on which this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

4      Maps

(1) Each map adopted by State Environmental Planning Policy (Western Sydney Parklands) 2009 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 or maps 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
(Western Sydney Parklands) 2009—	(Western Sydney Parklands) 2009—
Western Sydney Parklands Map—	Environmental Conservation Areas
Environmental Conservation Areas	Map
Map—Heritage Map—Bulk Water	(SEPP_WSP_ECA_001_020_20111
Supply Infrastructure Map	122)
(SEPP_WSP_CL1_001_20090210)

State Environmental Planning Policy (Western Sydney Parklands) 2012 No 538

Amendment 2012 Clause 4

Column 1

Column 2

Name of map being amended or

Name of amending or

replaced

replacement map

State Environmental Planning Policy (Western Sydney Parklands) 2009— Heritage Map

(SEPP_WSP_HER_001_020_20111

122)

State Environmental Planning Policy

State Environmental Planning Policy

(Western Sydney Parklands) 2009—

(Western Sydney Parklands) 2009—

Western Sydney Parklands Map—

Environmental Conservation Areas

Environmental Conservation Areas

Map

Map—Heritage Map—Bulk Water

(SEPP_WSP_ECA_002_020_20111

Supply Infrastructure Map

122)

(SEPP_WSP_CL1_002_20090210)

State Environmental Planning Policy

State Environmental Planning Policy

(Western Sydney Parklands) 2009—

(Western Sydney Parklands) 2009—

Western Sydney Parklands Map—

Environmental Conservation Areas

Environmental Conservation Areas

Map

Map—Heritage Map—Bulk Water

(SEPP_WSP_ECA_003_020_20111

Supply Infrastructure Map

122)

(SEPP_WSP_CL1_003_20090210)

State Environmental Planning Policy (Western Sydney Parklands) 2009— Heritage Map

(SEPP_WSP_HER_003_020_20111

122)

State Environmental Planning Policy (Western Sydney Parklands) 2009— Bulk Water Supply Infrastructure

Map

(SEPP_WSP_BWS_003_020_20120

522)

State Environmental Planning Policy

State Environmental Planning Policy

(Western Sydney Parklands) 2009—

(Western Sydney Parklands) 2009—

Western Sydney Parklands Map—

Environmental Conservation Areas

Environmental Conservation Areas

Map

Map—Heritage Map—Bulk Water

(SEPP_WSP_ECA_004_020_20111

Supply Infrastructure Map

122)

(SEPP_WSP_CL1_004_20090210)

2012 No 538	State Environmental Planning Policy (Western Sydney Parklands)
Clause 4	Amendment 2012

Column 1

Column 2

Name of map being amended or

Name of amending or

replaced

replacement map

State Environmental Planning Policy (Western Sydney Parklands) 2009— Heritage Map

(SEPP_WSP_HER_004_020_20120

123)

State Environmental Planning Policy (Western Sydney Parklands) 2009— Bulk Water Supply Infrastructure

Map

(SEPP_WSP_BWS_004_020_20111

122)

State Environmental Planning Policy

State Environmental Planning Policy

(Western Sydney Parklands) 2009—

(Western Sydney Parklands) 2009—

Western Sydney Parklands Map—

Environmental Conservation Areas

Environmental Conservation Areas

Map

Map—Heritage Map—Bulk Water

(SEPP_WSP_ECA_005_020_20111

Supply Infrastructure Map

122)

(SEPP_WSP_CL1_005_20090210)

State Environmental Planning Policy (Western Sydney Parklands) 2009— Heritage Map

(SEPP_WSP_HER_005_020_20111

122)

State Environmental Planning Policy (Western Sydney Parklands) 2009— Bulk Water Supply Infrastructure

Map

(SEPP_WSP_BWS_005_020_20111

122)

State Environmental Planning Policy

State Environmental Planning Policy

(Western Sydney Parklands) 2009—

(Western Sydney Parklands) 2009—

Western Sydney Parklands Map—

Environmental Conservation Areas

Environmental Conservation Areas

Map

Map—Heritage Map—Bulk Water

(SEPP_WSP_ECA_006_020_20111

Supply Infrastructure Map

122)

(SEPP_WSP_CL1_006_20090210)

State Environmental Planning Policy (Western Sydney Parklands) 2012 No 538

Amendment 2012 Clause 4

Column 1

Column 2

Name of map being amended or

Name of amending or

replaced

replacement map

State Environmental Planning Policy (Western Sydney Parklands) 2009— Heritage Map

(SEPP_WSP_HER_006_020_20111

122)

State Environmental Planning Policy (Western Sydney Parklands) 2009— Bulk Water Supply Infrastructure

Map

(SEPP_WSP_BWS_006_020_20111

122)

State Environmental Planning Policy

State Environmental Planning Policy

(Western Sydney Parklands) 2009—

(Western Sydney Parklands) 2009—

Western Sydney Parklands Map—

Environmental Conservation Areas

Environmental Conservation Areas

Map

Map—Heritage Map—Bulk Water

(SEPP_WSP_ECA_007_020_20111

Supply Infrastructure Map

122)

(SEPP_WSP_CL1_007_20090210)

State Environmental Planning Policy (Western Sydney Parklands) 2009— Heritage Map

(SEPP_WSP_HER_007_020_20120

515)

State Environmental Planning Policy (Western Sydney Parklands) 2009— Bulk Water Supply Infrastructure

Map

(SEPP_WSP_BWS_007_020_20111

122)

State Environmental Planning Policy

State Environmental Planning Policy

(Western Sydney Parklands) 2009—

(Western Sydney Parklands) 2009—

Western Sydney Parklands Map—

Environmental Conservation Areas

Environmental Conservation Areas

Map

Map—Heritage Map—Bulk Water

(SEPP_WSP_ECA_008_020_20111

Supply Infrastructure Map

122)

(SEPP_WSP_CL1_008_20090210)

2012 No 538	State Environmental Planning Policy (Western Sydney Parklands)
Clause 4	Amendment 2012

Column 1

Column 2

Name of map being amended or

Name of amending or

replaced

replacement map

State Environmental Planning Policy (Western Sydney Parklands) 2009— Heritage Map

(SEPP_WSP_HER_008_020_20111

122)

State Environmental Planning Policy (Western Sydney Parklands) 2009— Bulk Water Supply Infrastructure

Map

(SEPP_WSP_BWS_008_020_20111

122)

(2)

Each map adopted by Liverpool Local Environmental Plan 2008 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
Liverpool Local Environmental Plan	Liverpool Local Environmental Plan
2008 Heritage Map	2008 Heritage Map
(4900_COM_HER_005_020_20110	(4900_COM_HER_005_020_20120
210)	515)
Liverpool Local Environmental Plan	Liverpool Local Environmental Plan
2008 Heritage Map	2008 Heritage Map
(4900_COM_HER_007_020_20110	(4900_COM_HER_007_020_20120
210)	515)
Liverpool Local Environmental Plan	Liverpool Local Environmental Plan
2008 Heritage Map	2008 Heritage Map
(4900_COM_HER_008_020_20110	(4900_COM_HER_008_020_20120
210)	515)

2012 No 538

State Environmental Planning Policy (Western Sydney Parklands)

Amendment 2012

Schedule 1

Amendment of State Environmental Planning Policy (Western Sydney

Parklands) 2009

Schedule 1

Amendment of State Environmental

Planning Policy (Western Sydney

Parklands) 2009

[1]      Clause 4 Interpretation—general

Omit the definitions of Western Parklands and Western Sydney Parklands

Map from clause 4 (1).

Insert in alphabetical order:

amenity facility means a building that provides toilet and shower

facilities to persons using the Western Parklands.

flood planning level means the level of a 1:100 ARI (average

recurrent interval) flood event plus 0.5 metre freeboard.

Land Application Map means the State Environmental Planning

Policy (Western Sydney Parklands) 2009 Land Application Map.

Western Parklands means the land identified as “Western

Parklands” on the Land Application Map.

[2]      Clause 6 Relationship to other planning instruments

Insert in alphabetical order in clause 6 (1):

Blacktown Local Environmental Plan 1988

Fairfield Local Environmental Plan 1994

Liverpool Local Environmental Plan 2008

[3]      Clause 6A

Insert after clause 6:

6A Development control plans

A development control plan does not apply to the Western

Parklands unless it is made by the Director-General.

[4]      Clause 11 Land uses

Omit “cafes; community facilities;” from clause 11 (1).

Insert instead “amenity facilities; community facilities; depots;”.

[5]      Clause 11 (1)

Omit “landscaping; maintenance depots;”.

[6]      Clause 11 (1)

Insert “restaurants or cafes; roads;” after “(outdoor);”.

State Environmental Planning Policy (Western Sydney Parklands)	2012 No 538
Amendment 2012

Amendment of State Environmental Planning Policy (Western Sydney	Schedule 1
Parklands) 2009

[7]      Clause 11 (1A)

Insert after clause 11 (1):

(1A) Development for the purposes of extensive agriculture, other than farm buildings, may be carried out on public land in the Western Parklands without consent unless the land is in an environmental conservation area as shown on the Environmental Conservation Areas Map.

[8]      Clause 11 (2)

Insert “, or permitted without consent by subclause (1A),” after “(3)”.

[9]      Clause 14A

Insert after clause 14:

14A Flood planning

(1)

The objectives of this clause are as follows:

(a)	to minimise the flood risk to life and property associated with the use of land,
(b)	to allow development on land that is compatible with the land’s flood hazard, taking into account projected changes as a result of climate change,
(c)	to avoid significant adverse impacts on flood behaviour and the environment.

(2)

This clause applies to land that is at or below the flood planning

level.

(3)

Development consent must not be granted for development on land to which this clause applies unless the consent authority is satisfied that the development:

(a)	is compatible with the flood hazard of the land, and
(b)	is not likely to significantly adversely affect flood behaviour resulting in detrimental increases in the potential flood affectation of other development or properties, and
(c)	incorporates appropriate measures to manage risk to life from flood, and
(d)	is not likely to significantly adversely affect the environment or cause avoidable erosion, siltation, destruction of riparian vegetation or a reduction in the stability of river banks or watercourses, and

2012 No 538

State Environmental Planning Policy (Western Sydney Parklands)

Amendment 2012

Schedule 1

Amendment of State Environmental Planning Policy (Western Sydney

Parklands) 2009

(e) is not likely to result in unsustainable social and economic costs to the community as a consequence of flooding.

(4) A word or expression used in this clause has the same meaning as it has in the Floodplain Development Manual (ISBN 0 7347 5476 0), published by the NSW Government in 2005, unless it is otherwise defined in this clause.

[10]      Clause 15 Heritage conservation

Omit “council” from clause 15 (3) (c). Insert instead “consent authority”.

[11]      Clause 15 (3) (d)

Omit the paragraph. Insert instead:

(d) the development is on land to which another State environmental planning policy applies and is exempt development under that other policy.

[12]      Clause 16 Signage

Omit “(other than signage erected for or on behalf of a public authority)” from clause 16 (1).

[13]      Clause 16 (2) (a) and (b)

Omit “commercial” wherever occurring.

[14]      Clause 16 (3)

Omit “commercial”.

[15]      Clauses 17A and 17B

Insert after clause 17:

17A Essential services

Development consent must not be granted to development unless the consent authority is satisfied that any of the following services that are essential for the proposed development are available or that adequate arrangements have been made to make them available when required:

(a)	the supply of water,
(b)	the supply of electricity,
(c)	the disposal and management of sewage,
(d)	stormwater drainage or on-site conservation,
(e)	suitable road access.

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Amendment 2012

Amendment of State Environmental Planning Policy (Western Sydney	Schedule 1
Parklands) 2009

17B	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 work is exempt development under this Policy or another applicable environmental planning instrument, or
(b)	the work is 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, drainage patterns and soil stability in the locality,
(b)	the effect of the proposed 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 proposed 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 relics,
(g)	the proximity to and potential for adverse impacts on any watercourse, drinking water catchment or environmentally sensitive area,
(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 harming Aboriginal objects.

[16]      Clause 18 Exempt development

Insert “under this Policy” after “To be exempt development” in clause 18 (2).

[17]      Clause 18 (2) (f)

Omit “a notice”. Insert instead “an order”.

2012 No 538

State Environmental Planning Policy (Western Sydney Parklands)

Amendment 2012

Schedule 1

Amendment of State Environmental Planning Policy (Western Sydney

Parklands) 2009

[18]      Clause 18 (2) (f)

Omit “that notice”. Insert instead “that order”.

[19]      Clause 19A

Insert after clause 19:

19A Preservation of trees or vegetation

(1)

The objective of this clause is to preserve the amenity of the Western Parklands, including biodiversity values, 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 concerned.

(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)

A permit under this clause cannot allow any ringbarking, cutting down, topping, lopping, removal, injuring or destruction of a tree or other vegetation that is or forms part of a heritage item unless the council is satisfied that the proposed activity:

(a) is of a minor nature or is for the maintenance of the heritage item, and

State Environmental Planning Policy (Western Sydney Parklands)	2012 No 538
Amendment 2012

Amendment of State Environmental Planning Policy (Western Sydney	Schedule 1
Parklands) 2009

(b) would not adversely affect the heritage significance of the heritage item.

Note. As a consequence of this subclause, the activities concerned will require development consent. The heritage provisions of clause 15 will be applicable to any such consent.

(8)	This clause does not apply to or in respect of:
(a) the clearing of native vegetation:

(i)      that is authorised by a development consent or property vegetation plan under the Native Vegetation Act 2003, or

(ii)      that is otherwise permitted under Division 2 or 3 of Part 3 of that Act, or

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

Note. Part 6 of State Environmental Planning Policy (Sydney Region Growth Centres) 2006 applies to land under this Policy that is in an environmental conservation area shown on the Environmental Conservation Areas Map and in a growth centre (within the meaning of that Policy). That Part provides that a person must not clear native vegetation on any such land without approval under Part 3A of the Act (as continued by Schedule 6A to the Act) or development consent.

2012 No 538

State Environmental Planning Policy (Western Sydney Parklands)

Amendment 2012

Schedule 1

Amendment of State Environmental Planning Policy (Western Sydney

Parklands) 2009

[20]      Schedule 1

Omit the Schedule. Insert instead:

Schedule 1 Heritage items

(Clauses 4 (1) and 15)

LGA Suburb Item name Address Property Significance Item

description No

Blacktown Prospect	Veteran	Great	Part of	State	17
Hall (house	Western	Lot 304,
remains)	Highway	DP 1122291

Prospect	Royal	385	Lot 111,	State	15
Cricketers	Reservoir	DP 839532
Arms Inn	Road
Prospect	Former	427	Part of Lot	Local	16
police	Reservoir	1, DP
residence	Road	1045771
Prospect	Prospect	East of	Part of Lot	State	18
Reservoir	reservoir	1, DP
valve house	1062094
Rooty Hill	The Rooty	Eastern	Lot 101,	State	2
Hill	Road	DP 581882; Part of Lot 1, DP 1103025; Lot 1, DP 909138
Rooty Hill	Pioneer	Rooty Hill	Lot 1, DP	Local	3
Memorial	Road South	909138
Church

State Environmental Planning Policy (Western Sydney Parklands)	2012 No 538
Amendment 2012

Amendment of State Environmental Planning Policy (Western Sydney	Schedule 1
Parklands) 2009

LGA Suburb Item name Address Property Significance Item

description No

Blacktown	Prospect	Prospect	Reservoir	Part of	State	4
and	Reservoir	Road	Lot 304,
Fairfield	and	DP
surrounding	1122291;
area	Lots 1 and 2, DP 1062094; Lot 1, DP 845354; Lots 1, 2 and 4, DP 832281; Lot 5, DP 861815; Lot 7, DP 1015294
Fairfield	Abbotsbury	Calmsley	Darling	Lot 1, DP	Local	10
Hill Farm	Street	553350;
Cottage and	Lot 51, DP
curtilage	634101; Lot 1, DP 221575
Abbotsbury	Relics of	Elizabeth	Lots 6, 7, 9	Local	11
early	Drive	and 10,
homestead	Section 1,
and stands	DP 2954;
of exotic	Lot A, DP
vegetation	344556; Lot 80, DP 812293; Lots 12–15, DP 860893
Horsley	Spotted	Corner of	Part of Lot	Local	5
Park	Gum forest	Chandos	304, DP
Road and	1122291;
Ferrers	Lots 2 and
Road	4, DP 832281; Lot 7, DP 1015294; Lot 5, DP 861815; Part of Lot 1, DP 1062094

2012 No 538

State Environmental Planning Policy (Western Sydney Parklands)

Amendment 2012

Schedule 1

Amendment of State Environmental Planning Policy (Western Sydney

Parklands) 2009

LGA Suburb Item name Address Property Significance Item

description No

Horsley	Remnants	Southdown	Lot 5, DP	Local	9
Park	of	Road	825571;
Abbotsbury	Lot 16, DP
House	234284
Wetherill	Group of	Corner of	Part of Lot	Local	6
Park	Hoop Pines	Chandos	1, DP
Road and	1062094;
Trivet Street	Part of Lot 304, DP 1122291
Wetherill	Bunya Pine	Northern	Local	8
Park	corner of The Horsley Drive and Cowpasture Road

Fairfield	Abbotsbury,	Upper canal	Pheasants	Part of Lot	State	7
and	Austral,	system	Nest Weir to	1, DP
Liverpool	Cecil Hills,	Prospect	1062094;
Cecil Park,	Reservoir	Lots 1 and
Horsley	2, DP
Park and	596353;
West	Lots 1–3,
Hoxton	DP 603946; Lot 2, DP 596352; Lot 1, DP 596355; Lot 1, DP 613552; Lot 51, DP 811015; Lots 11 and 12, DP 1055232; Lots 1 and 2, DP 1086645

Liverpool Cecil Hills Liverpool Elizabeth Lot 11, DP Local 12

Offtake	Drive	1055232
Reservoir

State Environmental Planning Policy (Western Sydney Parklands)	2012 No 538
Amendment 2012

Amendment of State Environmental Planning Policy (Western Sydney	Schedule 1
Parklands) 2009

LGA Suburb Item name Address Property Significance Item

description No

Kemps	Kemps	Off Gurner	Lot 11, DP	Local	1
Creek	Creek	Avenue	806494
Forest
West	Kirkpatrick	225	Lot 1, DP	Local	13
Hoxton	and	Fifteenth	307334
Boyland	Avenue
Park
West	Carnes Hill	Twenty	Lot 8, DP	Local	14
Hoxton	vegetation	Fifth	231528
group	Avenue

[21]      Schedule 2 Exempt development

Insert in alphabetical order:

Earthworks and retaining walls

(1) Must be used solely for agricultural purposes.

(2) Must meet the development standards specified in clause 2.30 (b)–(g), (h1) and (j) of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.

(3)

Must not be carried out on land at or below the flood planning

level.

Filming

Must meet the development standards specified in clause 2.38B of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (other than clause 2.38B (1) (a)).

Rainwater tanks (above ground)

(1)

Must meet the development standards specified in clause 2.64 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (other than clause 2.64 (1) (a), (b) and (k)).

(2)

Must be located at least 10 metres from each lot boundary.

(3)

Must not have a capacity greater than:

(a)	25,000 litres in the case of a tank on land used for the purposes of an educational establishment, or
(b)	10,000 litres in any other case.

2012 No 538

State Environmental Planning Policy (Western Sydney Parklands)

Amendment 2012

Schedule 1

Amendment of State Environmental Planning Policy (Western Sydney

Parklands) 2009

Rainwater tanks (below ground)

Must meet the development standards specified in clause 2.66 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (other than clause 2.66 (1) (e)).

Sheds, cool rooms or greenhouses used solely for agricultural purposes

(1)

Must not have a floor area greater than 30m2.

(2)

Must not be higher than 3m above ground level (existing).

(3)

Must be located:

(a)	at least 20m from any boundary of the lot adjoining a road to which the front of a dwelling house, or a main building, on the lot faces or is proposed to face, and
(b)	at least 10m from any other lot boundary.

(4)

Must not be a shipping container.

(5)

Must be constructed or installed so that roof water is disposed of

without causing a nuisance to adjoining owners.

(6)

Must not be constructed or installed within 50m of a dwelling on

an adjoining property.

(7)

If it is located on bush fire prone land and is less than 5m from a

dwelling—must be constructed of non-combustible material.

(8)

If it is located adjacent to another building—must be located so that it does not interfere with the entry to, or exit from, or the fire safety measures contained within, that building.

(9)

Must be located at least 50m from a waterbody (natural).

(10)

To the extent that it is comprised of metal components—must be designed by, and constructed in accordance with the specifications of, a professional engineer.

(11)

Must not result in more than 2 such developments per lot.

Temporary structures (other than tents and marquees), and temporary alterations or additions to buildings or works, solely for filming purposes

Must meet the development standards specified in clause 2.78B of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.

State Environmental Planning Policy (Western Sydney Parklands)	2012 No 538
Amendment 2012

Amendment of State Environmental Planning Policy (Western Sydney	Schedule 1
Parklands) 2009

Tents or marquees used solely for filming purposes

Must meet the development standards specified in clause 2.78F of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.

[22]      Schedule 2, Landscaping and public domain works

Omit “single storey car parks, ticketing facilities” from subclause (1) (a).

Insert instead “ticketing facilities, unenclosed single storey car parks”.

[23]      Schedule 2, Signage (identification, directional, community information or safety signs but not including roof-top signs or commercial advertising or signs associated with the use of road infrastructure)

Insert at the end of the clause:

(3) Must be carried out by or on behalf of a public authority.

2012 No 538

State Environmental Planning Policy (Western Sydney Parklands)

Amendment 2012

Schedule 2

Amendment of other environmental planning instruments

Schedule 2

Amendment of other environmental

planning instruments

2.1

Blacktown Local Environmental Plan 1988

[1]

Schedule 2 Heritage items

Omit “Veteran Hall—Part of Pt Lot 1, DP 1031817, Reservoir Road” from under the heading “Prospect”.

[2]

Schedule 2, Prospect

Omit all matter relating to the Prospect Reservoir Group.

[3]

Schedule 2, Prospect

Omit “Inn—Royal Cricketer’s Arms Inn—Lot 111, DP 839532, Reservoir

Road”.

[4]

Schedule 2, Rooty Hill

Omit “Church—Pioneer Memorial Church—Land in DP 909138, Rooty Hill

Road South”.

2.2

Fairfield Local Environmental Plan 1994

[1]

Clause 3 Where does this plan apply?

Omit “Sydney Regional Environmental Plan No 31—Regional Parklands” from clause 3 (2).

Insert instead “State Environmental Planning Policy (Western Sydney

Parklands) 2009”.

[2]

Schedule 4 Heritage items

Omit the following matter:

Cnr Chandos Drive & Trivett Street	Hoop Pines	Local
Elizabeth Drive, Abbotsbury (Lots 6,	Relics of early Homestead and	Regional

7, 9, 10, 11, 12 DP 2954) (Sec 1,	stands of exotic vegetation
Lot 80, DP 2954 and Lot A	(African Olive Trees, Hawthorn,
DP 344556)	fruit trees)

Ferrer & Chandos Road Intersection	Forest of Spotted Gums	Regional
Southdown Road	Remnants of Abbotsbury House	Regional

(relic)

State Environmental Planning Policy (Western Sydney Parklands)	2012 No 538
Amendment 2012

Amendment of other environmental planning instruments Schedule 2

The Horsley Drive (north-west Cnr	Bunya Pine Tree	Regional
Cowpasture Road)

2.3	Liverpool Local Environmental Plan 2008
[1]	Schedule 5 Environmental heritage
Omit item 15 of Division 1 of Part 1. Insert instead:
Cecil Sydney Water Leppington and Lot 1, DP 725231; State 15
Hills Supply Upper Canal Denham Court Lots 1–4, DP 596351
[2]	Schedule 5, Part 1, Division 1
Omit all matter relating to the items 17, 38, 67 and 69.
2.4	State Environmental Planning Policy (Infrastructure) 2007
[1]	Clause 16 Consultation with public authorities other than councils
Omit clause 16 (2) (g).
[2]	Clause 16, note
Insert at the end of clause 16:

Note. Clause 18A (2) of State Environmental Planning Policy (Sydney Region Growth Centres) 2006 requires public authorities (or persons acting on their behalf) to consult with the Department of Planning and Infrastructure before carrying out any development comprising the clearing of native vegetation on certain land within a growth centre (within the meaning of that Policy). The land concerned is land other than the subject land (within the meaning of Part 7 of Schedule 7 to the Threatened Species Conservation Act 1995). The subject land is generally land to which precinct plans apply under that Policy.