Sydney Regional Environmental Plan No 28—Parramatta (Amendment No 7) (2003-914) [GG No 191 of 5.12.2003, p 11000] (NSW)

Case
No judgment structure available for this case.

2003 No 914

New South Wales

Sydney Regional Environmental Plan

No 28—Parramatta (Amendment No 7)

under the

Environmental Planning and Assessment Act 1979

I, the Minister for Infrastructure and Planning, make the following regional environmental plan under the Environmental Planning and Assessment Act 1979. (P00/00308/PC)

CRAIG JOHN KNOWLES, M.P.,

Minister for Infrastructure and Planning,

and Minister for Natural Resources

Published in Gazette No 191 of 5 December 2003, page 11000

Page 1

2003 No 914

Sydney Regional Environmental Plan No 28—Parramatta (Amendment

Clause 1

No 7)

Sydney Regional Environmental Plan No 28—

Parramatta (Amendment No 7)

under the

Environmental Planning and Assessment Act 1979

1      Name of plan

This plan is Sydney Regional Environmental Plan No 28—

Parramatta (Amendment No 7).

2      Aims of plan

The aims of this plan are:

(a)

to give effect to the Parramatta Regional Planning Strategy 1999 (prepared by and available from Parramatta City Council and Holroyd City Council) by providing detailed planning controls in Precinct 5 (the Rydalmere Precinct) and Precinct 6 (the Camellia Precinct), and

(b)

to promote economic development and employment creation in the Parramatta Primary Centre by permitting industry and high technology industrial processes in Camellia and Rydalmere, and

(c)

to permit mutually supportive business, transport, education and residential uses in certain precincts in Camellia and Rydalmere, and

(d)

to promote eco-sustainable industry and best practice environmental management of businesses in Camellia and Rydalmere, and

(e)

to protect and enhance important cultural heritage assets in Camellia and Rydalmere, and

(f)

to include ecologically sustainable development (ESD) provisions for the Parramatta Primary Centre, and

(g)

to clarify the intent of, and update, certain provisions for the Parramatta Primary Centre in relation to flooding, contaminated land and parking, and

(h)

to adjust the boundary of the Parramatta Primary Centre in relation to the Rydalmere Precinct.

Sydney Regional Environmental Plan No 28—Parramatta (Amendment

2003 No 914

No 7)

Clause 3

3      Land to which plan applies

This plan applies to land known as the Parramatta Primary Centre, as shown on the Primary Centre and Precincts Map, within the meaning of Sydney Regional Environmental Plan No 28— Parramatta. That land is predominantly within the City of Parramatta and partly within the City of Holroyd.

4      Relationship to other environmental planning instruments

(1) Sydney Regional Environmental Plan No 28—Parramatta is amended as set out in Schedule 1.

(2)

Parramatta Local Environmental Plan 2001 is amended as set out

in Schedule 2.

(3) Parramatta Local Environmental Plan 1996 (Heritage and Conservation) is amended as set out in Schedule 3.

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Schedule 1

Amendment of Sydney Regional Environmental Plan No 28—Parramatta

Schedule 1

Amendment of Sydney Regional

Environmental Plan No 28—Parramatta

(Clause 4 (1))

[1]      Clause 4 Objectives of this Plan

Omit “and” where secondly occurring in clause 4 (2) (a).

[2]      Clause 4 (2) (a)

Insert at the end of the paragraph:

Part 7 for Precinct 5—Rydalmere,

Part 8 for Precinct 6—Camellia

[3]      Clause 4 (2) (b)

Omit from the paragraph:

Part 7 for Precinct 5—Rydalmere,

Part 8 for Precinct 6—Camellia

[4]      Clause 5 Relationship of this Plan to other environmental planning instruments

Insert at the end of clause 5 (1):

Parramatta Local Environmental Plan 2001

[5]      Clause 5 (6) (a)

Omit “or Harris Park Precinct”.

Insert instead “or the Harris Park, Rydalmere or Camellia Precincts”.

[6]      Clause 12 Annual monitoring report

Insert at the end of clause 12 (1) (c):

, and

(d)

to report on the extent to which the principles of ecological sustainability have been integrated into facilities, services and functions governed by this Plan.

[7]      Clause 12 (2) (a) (v)

Insert “(as amended)” after “1999”.

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[8]      Clause 12 (2) (a) (vii)

Insert after clause 12 (2) (a) (vi):

(vii)

development

or

implementation

of

environmental management initiatives.

[9]      Clause 12 (2) (b)

Omit “and Precinct 3—Government”.

Insert instead “, Precinct 3—Government, Precinct 5—Rydalmere and

Precinct 6—Camellia”.

[10]      Clause 12 (2) (b) (iii)

Insert at the end of clause 12 (2) (b) (ii):

, and

(iii)      the take up of, or utilisation of, by-products, energy reduction in net energy use sustainable developments.

[11]      Clause 14 Planning aims for the Parramatta Primary Centre

Insert after clause 14 (2) (l):

(m)

to protect and promote Parramatta’s natural resource assets by implementing the principles of ecological sustainability across all development, facilities, services and functions.

[12]      Clause 15 Aims of Part 3

Insert after clause 15 (e):

(f)

to achieve environmental management best practice that protects and promotes the natural assets of the Parramatta City Centre,

(g)

to improve the environmental performance of development in a way that minimises energy and resource use and noise, odour, dust, water, soil, air quality and contamination impact,

(h)

to protect and enhance local and regional biodiversity, maximising the extent and integrity of aquatic and natural land areas, in particular, the Parramatta River, Brickfield Creek and Clay Cliff Creek corridors.

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[13]      Clause 29 Aims of Part 4

Insert after clause 29 (d):

(e)

to achieve environmental management best practice that protects and promotes the natural assets of the Harris Park Precinct,

(f)

to improve the environmental performance of development in a way that minimises energy and resource use and noise, odour, dust, water, soil, air quality and contamination impact,

(g)

to protect and enhance local and regional biodiversity, maximising the extent and integrity of aquatic and natural land areas, in particular, the Parramatta River and Clay Cliff Creek corridors.

[14]      Clause 30 Aims of Part 5

Insert after clause 30 (e):

(f)

to achieve environmental management best practice that protects and promotes the natural assets of the Government Precinct,

(g)

to improve the environmental performance of development in a way that minimises energy and resource use and noise, odour, dust, water, soil, air quality and contamination impact,

(h)

provided there is no conflict with heritage values, to protect and enhance local and regional biodiversity, maximising the extent and integrity of aquatic and natural land areas, in particular, the Parramatta River and Darling Mills Creek corridors.

[15]      Clause 39 Planning aims for the Westmead Precinct

Insert after clause 39 (1) (e):

(f)

to achieve environmental management best practice that protects and promotes the natural assets of the Westmead Precinct,

(g)

to improve the environmental performance of development in a way that minimises energy and resource use and noise, odour, dust, water, soil, air quality and contamination impact,

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(h)

to protect and enhance local and regional biodiversity, maximising the extent and integrity of aquatic and natural land areas, in particular, the Parramatta River and Toongabbie Creek corridors.

[16]      Part 7

Omit the Part. Insert instead:

Part 7

Precinct 5—Rydalmere Precinct

Division 1

Aims of Part 7

40

Planning aims for the Rydalmere Precinct

The aims of this Part are as follows:

(a)

to encourage a vibrant, attractive and mutually supportive employment, industrial, educational and research precinct,

(b)

to increase employment numbers in the Rydalmere Precinct,

(c)

to increase the opportunity for residential, retail, commercial and community facility development in close proximity to public transport,

(d)

to improve public transport accessibility and to provide a pedestrian and cycle network that utilises the foreshore corridor and connects to other precincts while not diminishing important natural assets and biodiversity,

(e)

to achieve better access and circulation for local traffic flows accessing the employment areas while protecting the level of service of James Ruse Drive and Victoria Road,

(f)

to conserve and adaptively reuse heritage items within the Rydalmere Precinct and to encourage wider community use and access to these assets,

(g)

to encourage strong links between the University of Western Sydney, the community and industry both inside and outside the Rydalmere Precinct,

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(h)

to achieve environmental management best practice that protects and promotes the natural assets of Rydalmere,

(i)     to improve the environmental performance of development in a way that minimises energy and resource use and noise, odour, dust, water, soil, air quality and contamination impact,

(j)

provided there is no conflict with heritage values, to protect and enhance local and regional biodiversity, maximising the extent and integrity of aquatic and natural land areas, in particular, the Parramatta River and Darling Mills Creek corridors.

Division 2

Zoning

40A

Land use zones and explanation

The following land use zones for land within the Rydalmere

Precinct are shown on the Rydalmere Precinct Zoning Map:

(a)

Residential 2 (b)—a medium density residential zone that provides for a variety of housing types (but not residential flat buildings) with supporting community and commercial land uses,

(b)

Business and Transport Centre—a zone that provides for retail, commercial, transport, community and support services for residents, industry and businesses,

(c)

Trade and Industry Support—a zone that provides for businesses and industries that support the commercial and industrial activities of the Primary Centre,

(d)

Technology and Enterprise—a zone that provides for high technology and contemporary industrial activities that are compatible with surrounding residential development and produce a neutral or beneficial effect on the environment,

(e)

Special Uses—a zone that applies to land identified for a range of special uses that are provided by public authorities or community organisations,

(f)

Open Space—a zone that applies to land identified for public open space and community facilities,

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(g)

Environmental Protection—a zone that applies to land on the foreshore of waterways that is to be protected because of its current or potential high environmental values,

(h)

Transport—a zone that provides for existing and future uses related to road and rail transport and access, including passenger and freight movement.

40B

Residential 2 (b) zone

(1)

Objectives of the Residential 2 (b) zone

The objectives of the Residential 2 (b) zone are as follows:

(a)

to provide for a variety of housing types, including multi-unit housing development (but not residential flat buildings),

(b)

to ensure that all new development is in scale and character with surrounding residential development and does not detract from the amenity enjoyed by nearby residents, or the existing quality of the surrounding environment, or adversely impact on identified views,

(c)

to allow limited opportunities for non-residential development that provides support services for residents and is of a type and scale that is compatible with existing or planned residential development,

(d)

to meet the urban design objectives set out in this Part and (where applicable) to comply with the controls for Special Areas as set out in this Part.

(2)

Development within the Residential 2 (b) zone

Within the Residential 2 (b) zone:

(a)

exempt development and development for any of the following purposes may be carried out without development consent:

home activities.

(b)

subdivision and development for any of the following purposes may be carried out, but only with development consent:

bed and breakfasts; boarding houses; child care centres; community facilities; demolition; drainage works; dual occupancies;

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dwelling-houses; educational establishments; hospitals; landscaping that is not exempt development; local shops; medical consulting rooms; multi-unit housing (but not residential flat buildings); nursing homes; places of public worship; public utility undertakings (other than gas holders or generating works); roads.

(c)

any other development is prohibited.

40C

Business and Transport Centre zone

(1)

Objectives of the Business and Transport Centre zone

The objectives of the Business and Transport Centre zone are as follows:

(a)

to provide opportunities for mutually supportive retail, commercial, residential, light industrial, transport and community facility development,

(b)

to integrate the zone with, and to encourage usage of, public transport and pedestrian networks,

(c)

to comply with any controls for Special Areas as set out in this Part.

(2)

Development within the Business and Transport Centre

zone

Within the Business and Transport Centre zone:

(a)

exempt development and development for any of the following purposes may be carried out without development consent:

home activities.

(b)

subdivision and development for any of the following purposes may be carried out, but only with development consent:

advertisements;

amusement

centres;

backpackers’ accommodation; bed and breakfasts; boarding houses; brothels; business identification signs; car parking; child care centres; clubs; commercial premises; community

facilities;

demolition;

educational

establishments;

entertainment

facilities;

hospitals; hotels; landscaping that is not exempt

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development; light industries; medical centres; motels; motor showrooms; multi-unit housing; outdoor eating areas; places of assembly; places of public worship; public buildings; public transport facilities; public utility installations (other than gas holders and generating works); public works; recreation areas; recreation facilities; refreshment rooms; restaurants; restricted premises; roads; service stations; serviced apartments; shops; shop-top housing; telecommunications facilities; vehicle rental centres; veterinary establishments.

(c)

any other development is prohibited.

40D

Trade and Industry Support zone

(1)

Objectives of the Trade and Industry Support zone

The objectives of the Trade and Industry Support zone are as follows:

(a)

to provide opportunities for businesses that support the commercial and industrial activities of the Primary Centre,

(b)

to provide opportunities for small scale business and industrial enterprise development,

(c)

to integrate the Rydalmere Precinct with, and to encourage usage of, public transport and pedestrian networks by improving the accessibility and amenity of the area,

(d)

to allow for and improve public access along the waterways, where appropriate,

(e)

to comply with the controls for Special Areas as set out in this Part,

(f)

to ensure development protects and enhances the waterways.

(2)

Development within the Trade and Industry Support zone

Within the Trade and Industry Support zone:

(a)

exempt development may be carried out without development consent,

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(b)

subdivision and development for any of the following purposes may be carried out, but only with development consent:

advertisements; advertising structures; animal establishments; brothels; business identification signs; car repair stations; commercial premises that are ancillary to another permissible use on the land; demolition; depots; drainage works; equipment hire centres; high technology industries; hotels; industries (other than offensive, hazardous or extractive industries); light industries; liquid fuel depots; outdoor eating areas linked to kiosks; panel beating workshops; places of assembly; places of public worship; portable recycling facilities; public buildings; public transport facilities; public utility installations (other than gas holders and generating works); recreation areas; recreation facilities; roads; service stations;

telecommunication

facilities;

veterinary

establishments; warehouses or distribution

centres.

(c)

any other development is prohibited.

40E

Technology and Enterprise zone

(1)

Objectives of the Technology and Enterprise zone

The objectives of the Technology and Enterprise zone are as follows:

(a)

to encourage high technology industrial development in the Rydalmere Precinct, that will contribute to the economic and employment growth of the Primary Centre,

(b)

to encourage research and development facilities to capitalise on the existing knowledge base,

(c)

to foster industries that will capitalise on the Rydalmere Precinct’s centrality and connectivity to the regional road network and public transportation corridors,

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(d)

to ensure that development does not detract from the amenity enjoyed by residents in neighbouring localities, the commercial viability of the Parramatta City Centre or the efficient operation of the local or regional road system,

(e)

to ensure that development incorporates current environmental management best practice,

(f)

to ensure that the scale, design, materials of construction, and the nature of development, contribute positively to the amenity and visual quality of the locality,

(g)

to allow for and improve public access along the waterways, where appropriate,

(h)

to comply with the controls for Special Areas as set out in this Part,

(i)      to ensure that development protects and enhances the waterways.

(2)

Development within the Technology and Enterprise zone

Within the Technology and Enterprise zone:

(a)

exempt development and development for any of the following purposes may be carried out without development consent:

maintenance works.

(b)

subdivision and development for any of the following purposes may be carried out, but only with development consent:

advertisements; advertising structures; animal establishments; brothels; business identification signs; car repair stations; child care centres; commercial premises (that are ancillary to another permissible use on the land); demolition; depots; drainage works; equipment hire centres; high technology industries; hotels; industries (other than offensive, hazardous or extractive industries); kiosks; landscaping that is not exempt development; light industries; liquid fuel depots; outdoor eating areas linked to kiosks; panel beating workshops; places of assembly; places of public worship; portable recycling

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facilities; public buildings; public transport facilities; public utility installations (other than gas holders and generating works); public works; recreation areas; recreation facilities; refreshment rooms; roads; service stations;

telecommunication

facilities;

veterinary

establishments; warehouses or distribution

centres.

(c)

any other development is prohibited.

40F

Special Uses zone

(1)

Objectives of the Special Uses zone

The objectives of the Special Uses zone are as follows:

(a)

to facilitate certain development on land that is used by public authorities, institutions or organisations to provide community facilities, services or utilities,

(b)

to allow other ancillary development that is incidental to the primary use specified on the map,

(c)

to meet the urban design objectives set out in this Part and (where applicable) to comply with the controls for Special Areas as set out in this Part.

(2)

Development within the Special Uses zone

Within the Special Uses zone:

(a)

exempt development and development for any of the following purposes may be carried out without development consent:

maintenance works.

(b)

subdivision and development for any of the following purposes may be carried out, but only with development consent:

business identification signs; childcare centres; demolition; development that is ordinarily incidental or ancillary to the primary use on the land; drainage works; landscaping that is not exempt development; public works; the particular land use indicated by red lettering on the Rydalmere Precinct Zoning Map.

(c)

any other development is prohibited.

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40G

Open Space zone

(1)

Objectives of the Open Space zone

The objectives of the Open Space zone are as follows:

(a)

to enable development of land for the purpose of open space and recreation and to facilitate continued provision or enhancement of parks, community facilities, and support facilities, utilised by the community,

(b)

to enable other low-scale ancillary, incidental or related uses that will encourage the enjoyment of land zoned for open space, whilst not significantly restricting public access,

(c)

to encourage the retention and enhancement of open space links along the Parramatta River foreshore,

(d)

to facilitate or enhance the views and public access between the historic places in the Rydalmere Precinct,

(e)

to facilitate public access to land and buildings within the Open Space zone,

(f)

to meet the urban design objectives set out in this Part and (where applicable) to comply with the controls for Special Areas as set out in this Part,

(g)

to enhance the ecological sustainability of the area and to be designed so as not to diminish the natural values of the area.

(2)

Development within the Open Space zone

Within the Open Space zone:

(a)

exempt development and development for any of the following purposes may be carried out without development consent:

bushfire hazard reduction works; ecological

restoration; landscaping works.

(b)

development for any of the following purposes may be carried out, but only with development consent:

amenity buildings; artworks; bicycle hire; boat hire and boat launching facilities; business identification signs; child care centres; community facilities; demolition; drainage

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works; kiosks; landscaping that is exempt development; outdoor eating areas linked to kiosks within the zone or restaurants in adjoining zones; pedestrian and other access ways; public utility installations (other than gas holders or generating works); public works; recreation areas; water based entertainment facilities.

(c)

any other development is prohibited.

(3)

Open Space reservation

Land within the Open Space zone shown reserved for open space on the Rydalmere Precinct Zoning Map is to be acquired by the public authority indicated on that map on receipt of a written request from the owner of the land.

40H

Environmental Protection zone

(1)

Objectives of the Environmental Protection zone

The objectives of the Environmental Protection zone are as follows:

(a)

to conserve, manage and enhance biodiversity, rare and threatened species and ecological communities, remnant habitat and the ecological viability of the land,

(b)

to protect and restore environmentally sensitive remnant habitats and communities,

(c)

to increase the community’s awareness and appreciation of remnant habitats and biodiversity,

(d)

to protect and restore the aesthetic, heritage, recreational, educational and scientific value of the bushland,

(e)

to limit regeneration in areas necessary to conserve, and assist in the interpretation of, significant historic views and vistas from and of heritage sites situated along the Parramatta River when seen from the river and nearby heritage sites, by avoiding regeneration or by controlling the height and density of vegetation,

(f)

to allow uses for scientific and educational purposes.

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(2)

Development within the Environmental Protection zone

Within the Environmental Protection zone:

(a)

development for any of the following purposes may be carried out without development consent:

bushfire hazard reduction works; maintenance

works; ecological restoration.

(b)

development in accordance with a plan of management adopted under the Local Government Act 1993 and development for any of the following purposes may be carried out, but only with development consent:

access ways for emergency vehicles; clearing; demolition; drainage works; landscaping that is not exempt development; pedestrian and other access ways; public utility installations (other than gas holders and generating works); remediation of land; stormwater management; works related to environmental investigations, incident management, fire management, ancillary infrastructure, energy supply, and other works that are required to meet the licensing requirements of the Protection of the Environment Operations Act 1997.

(c)

any other development is prohibited.

40I

Transport zone

(1)

Objectives of the Transport zone

The objectives of the Transport zone are as follows:

(a)

to facilitate continued and efficient operation of road and related transport services and rail and related transport services,

(b)

to facilitate the future growth of the transport network,

(c)

to encourage transportation of freight by rail,

(d)

to provide support facilities for users of the public transport system.

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(2)

Development within the Transport zone

Within the Transport zone:

(a)

exempt development and development for any of the following purposes may be carried out without development consent:

maintenance works.

(b)

subdivision and development for any of the following purposes may be carried out, but only with development consent:

bus depots; bus stations; public transport facilities; public utility undertakings (other than gas holders and generating works); railways; roads; workshops.

(c)

any other development is prohibited.

Division 3

Design and development objectives and

controls

40J

Public domain

(1)

Public domain objectives

The public domain objectives for the Rydalmere Precinct are as follows:

(a)

to provide a public domain that is clean, safe, interesting, easily accessible and attractive for use by workers and visitors to the area,

(b)

to develop a continuous strip of vegetated foreshore land that will be made available for the public access where it will not diminish natural values and will not impact on significant historic views from or of heritage sites situated along the Parramatta River when seen from the river and nearby heritage sites.

(2)

Public domain provisions

Before granting development consent for development within the Rydalmere Precinct, and before undertaking any work in the public domain in the Rydalmere Precinct, the consent authority must give consideration to whether:

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(a)

the development contributes to the improved amenity, safety and appearance of the public domain, through landscaping, building set backs, attractive and clearly defined entrances to sites and buildings and clear and attractive signage, and

(b)

the foreshore is set aside for the establishment, maintenance and protection of the riparian ecosystem, and

(c)

the foreshore is publicly accessible, and linked to public areas, except where public access is precluded by land contamination, hazard or potential ecosystem damage, and

(d)

coordinated pedestrian and cycling networks are provided to link with the regional networks, and

(e)

the provision for vehicular movement is consistent with the development of a high quality pedestrian environment, and

(f)

undergrounding of electricity and other services lines can be facilitated along Victoria Road, and

(g)

the development has an adverse impact on significant or historic views from or of heritage sites along the Parramatta River when seen from the river and nearby heritage sites.

40K

Transport and accessibility

(1)

Transport and accessibility objectives

The transport and accessibility objectives for the Rydalmere

Precinct are as follows:

(a)

to take advantage of the accessibility of the Rydalmere Precinct to the major rail and road networks,

(b)

to encourage use of public transport, cycling and walking for the journey to work and for recreational activities that take place in the Rydalmere Precinct,

(c)

to seek a progressive reduction in car parking provision as planned major public transport improvements occur,

(d)

to link cycle ways and pedestrian paths to public transport, regional cycle ways and paths, the University of Western Sydney and the Rydalmere Precinct’s Business and Transport Centre,

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(e)

to reduce the impact of articulated vehicles on the amenity of the Rydalmere Precinct in terms of road safety, traffic flow and on-site and off-site parking,

(f)

to achieve improved traffic management and circulation through Mary and Brodie Streets.

(2)

Transport and accessibility provisions

Before granting development consent for development within the Rydalmere Precinct that is likely to either generate traffic or will change the nature of vehicle types and movements around and on the site, the consent authority must give consideration to whether:

(a)

a traffic management plan detailing all transport options for the development, including type of transport used, size of trucks, frequency, preferred routes, mechanisms to promote public transport for the journey to work and use of the freight rail line, should be prepared, and

(b)

adequate and suitable on-site receiving areas and parking for trucks and large vehicles have been provided, and that any queuing or off-site parking of such vehicles is kept to a minimum, and

(c)

kerbs, gutters, footpaths, walkways and driveways have been constructed to resist damage by large vehicles or frequent use, and

(d)

there is adequate provision of facilities to encourage walking and cycling to work, including bicycle storage lockers and showers, and

(e)

a traveller information guide and information kit has been prepared that provides detailed information on all public transport services, pedestrian paths, cycle ways and ferry timetables in the area that would be used to actively encourage employees to use public transport to and from the Rydalmere Precinct.

40L

Height of buildings

(1)

Objectives for the control of height of buildings

The objectives for the control of the height of buildings in the

Rydalmere Precinct areas are as follows:

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(a)

to ensure buildings and structures adjoining the Parramatta River contribute to the attractive appearance of the foreshore and do not dominate the skyline in views along the Parramatta River,

(b)

to ensure that buildings make a positive contribution to the streetscape and the skyline while meeting the requirements of industry,

(c)

to provide a strong and unified character along the major gateways into Parramatta,

(d)

to ensure that buildings and structures have regard to and conserve heritage sites, their settings, identified views and their visual interconnections,

(e)

to ensure that buildings do not significantly overshadow the public domain, vegetated riparian areas, or environment protection areas or adjoining properties,

(f)

to allow the most intensive development in the immediate vicinity of the Parramatta Railway Station.

(2)

Height controls

The height of a building or structure in the Rydalmere Precinct must not exceed the maximum height shown on the Rydalmere Precinct Height Map.

(3)

Despite subclause (2) the height of buildings, industrial plant and other structures within the Trade and Industry Support zone or the Technology and Enterprise zone may exceed that height limit, but only if the consent authority is satisfied that:

(a)

the development satisfies all the objectives of this clause, and

(b)

the height is essential to the operational requirements of the industry or activity, and

(c)

if visible from the public domain, the proposed building demonstrates a high standard of architectural design, materials and detailing that is appropriate to the building use and its location.

(4)

Despite subclauses (2) and (3), any building on land zoned Open Space on the Rydalmere Precinct Zoning Map must not be more than a single storey high.

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(5) Any development within the Rydalmere Precinct must maintain identified views of the Female Orphan School (University of Western Sydney Rydalmere Campus) and its emergent trees, the Parramatta River corridor and the Pennant Hills open space ridge line, as detailed in the Parramatta Regional Planning Strategy 1999.

Note. The relevant identified views for the Rydalmere Precinct are Views 8 and 9A shown in appendix 2 of the Parramatta Regional Planning Strategy 1999.

40M

Floor space ratios

(1)

Objectives for floor space ratios in the Rydalmere

Precinct

The objectives for floor space ratios in the Rydalmere

Precinct are:

(a)

to provide sufficient development capacity to cater for employment growth, and

(b)

to fix a maximum floor space ratio that provides for adequate landscaping and access for vehicles into and through the site.

(2)

Maximum floor space ratios

The floor space ratio of buildings on land in the Rydalmere Precinct is not to exceed the maximum floor space ratio shown on the Rydalmere Precinct Design Control Map. The achievement of any floor space ratio is subject to compliance with the height controls and other provisions of this Plan.

40N

Site planning and landscaping

(1)

Objectives for site planning and landscaping

The objectives for site planning and landscaping for the

Rydalmere Precinct are as follows:

(a)

to ensure that development enhances the appearance of the Rydalmere Precinct and the settings of heritage items or areas, particularly from the waterways, major thoroughfares and any other public places,

(b)

to limit regeneration in areas necessary to conserve, and assist in the interpretation of, significant historic views and vistas from and of heritage sites situated along the

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Parramatta River when seen from the river and nearby heritage sites, by avoiding regeneration or by controlling the height and density of vegetation,

(c)

to protect and enhance the riparian ecosystem along the Parramatta River and its tributaries,

(d)

to improve environmental performance, particularly in terms of water management, pollution control, the natural environment and transport management,

(e)

to contribute to effective management of stormwater, increased biodiversity in the Rydalmere Precinct and improved energy efficiency,

(f)

to provide for the recreational use of the foreshore and the establishment of paths for walking and cycling where these will not diminish the natural values,

(g)

to provide quality open spaces for employees for recreational purposes.

(2)

Provisions for site planning and landscaping

Before granting development consent for development within the Rydalmere Precinct, the consent authority must give consideration to whether:

(a)

the built form addresses public places, including roads, parks and waterways, and is enhanced with quality landscaping, and

(b)

any chain-wire fencing or solid fencing is set back from the property boundary and screened in front by locally native and local provenance trees and shrubs, and

(c)

the width and surface area of any driveways and other hard surfaces is minimised and all opportunities to increase the permeability and water retention of the site, including soft-surfaced car parking, are taken up, and

(d)

a landscape management plan and strategy has been developed to ensure continuity and attractiveness of landscaping, and

(e)

except where identified as culturally significant heritage landscape, the proposed landscaping consists of plants that are local to the area, especially for the foreshore of the Parramatta River and tributaries, and are of local provenance, and are to be planted in an appropriate vegetation sequence, and

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(f)

open storage areas, material handling areas and car parking are located away from any boundaries that border on public areas, particularly the foreshore of the Parramatta River and its tributaries, and major transport routes, and

(g)

vegetated buffers are provided around areas of open storage or material handling, to soften the visual impacts and reduce dust and stormwater runoff, and

(h)

for redevelopment of a site adjacent to waterways, through site pedestrian and cycle links and landscaped corridors to the waterways can be achieved where these do not diminish natural values of the foreshore ecosystem, and

(i)      the landscape set backs along major streets and riparian vegetation along the rivers and creeks are in accordance with the Rydalmere Precinct Design Control Map, with the exception of any riparian vegetation area along the Parramatta River as identified on the Rydalmere Precinct Design Control Map for the University of Western Sydney site, which may be varied provided the master plan is consistent with the Conservation Management Plan for the site and the development achieves all the outcomes specified for the University Special Area, and

(j)

development does not have an adverse impact on significant or historic views from or of heritage sites along the Parramatta River when seen from the river and nearby historic sites.

40O

Building design

(1)

Objectives for building design

The objectives for building design for the Rydalmere Precinct are as follows:

(a)

to ensure that development responds to best practice ecologically sustainable development principles in its design, construction and operation,

(b)

to ensure that development contributes to the appearance and amenity of public places, including the waterways, major roads and public places.

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(2)

Provisions for building design

Before granting development consent for development within the Rydalmere Precinct, the consent authority must give consideration to whether:

(a)

the major facade and entries of buildings address major public places, including roads, parks and waterways, and

(b)

the development has regard to adjoining building works and transition of height, massing and scale, and

(c)

building set backs, design, materials, glazing and colours minimise the visual impact of the development, particularly if it is visible from roads and the Parramatta River, and

(d)

buildings on sites adjacent to the Parramatta River and its tributaries are set back in accordance with any foreshore building line, and

(e)

the design of buildings has regard to the existing heritage character of a place, where applicable, and

(f)

building bulk created by large unbroken expanses of wall is reduced by articulation and modulation, particularly where facing a public place such as a street, a park or the Parramatta River, and

(g)

all available options for natural lighting, heat and ventilation, including energy efficient building design and solar powered water heating, have been investigated, and

(h)

construction materials are of an ecologically sustainable nature, and

(i)

buildings do not overshadow environmental protection areas or riparian vegetation areas, and

(j)

lighting does not have negative impacts on the natural values, and

(k)

building roofs and overrun structures are dark and have matt colours so as to be recessive.

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Division 4

Special Areas

40P

Special Areas

(1)

The Special Areas are identified on the Rydalmere Precinct

Special Areas Map.

(2)

They are:

(a)

the River Special Area, and

(b)

the Victoria Road Special Area, and

(c)

the University Special Area, and

(d)

the Rydalmere Station and Environs Special Area.

40Q

Objectives of controls for Special Areas

The objectives of the controls for Special Areas in the

Rydalmere Precinct are as follows:

(a)

to ensure development is compatible with the particular character and significance of each Special Area,

(b)

to reinforce the specific attributes and qualities of each of the Special Areas,

(c)

to enhance and re-establish the Parramatta River as a major natural asset to Parramatta,

(d)

to enhance Victoria Road and James Ruse Drive as important gateways to Parramatta,

(e)

to give guidance for the preparation of master plans where required,

(f)

to conserve and, where possible, enhance identified views.

40R

The River Special Area

(1)

Character statement

The Parramatta River system will be enhanced as the major natural asset of the area and is to be characterised by a healthy river and foreshore. Where appropriate, public pedestrian access and linkages between the hinterland and the river and recreation opportunities are to be pursued and implemented while protecting the riparian vegetation with appropriate set backs. Properties adjoining the foreshore will address the aquatic gateway to Parramatta, with attractive and interesting

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buildings and appropriate set backs from the river. Opportunities for improving access to water based transport will be pursued to better serve the Rydalmere and Camellia Precincts. The less visually attractive elements of industrial development will be screened by appropriate landscaping.

The Rydalmere and Camellia Precincts will have improved connectivity for pedestrians across the Parramatta River from the Clyde-Carlingford Rail Bridge and the Thackeray Street Bridge.

(2) Consideration

Before granting development consent for development within the River Special Area, or before undertaking works within the River Special Area, the consent authority must consider whether the development is consistent with any master plan required for the land under State Environmental Planning Policy No 56—Sydney Harbour Foreshores and Tributaries, and must be satisfied that:

(a)

all reasonable opportunities to establish foreshore public land are taken up, and

(b)

development meets the requirements of Sydney Regional Environmental Plan No 22—Parramatta River, and

(c)

the development retains and enhances public pedestrian access and open space links between the foreshores of the Parramatta River, Subiaco Creek, Vineyard Creek or with other nearby open space areas, and

(d)

buildings adjacent to the Parramatta River address the river with high quality facades and entrances, and

(e)

the scale of buildings along the Parramatta River will not dominate the topographical features of the river landscape, and

(f)

the development maintains and re-establishes riparian vegetation in accordance with the requirements of the Rydalmere Precinct Design Control Map and building set backs along the Parramatta River, but only if this does not have an impact on significant or historic views from or of heritage sites situated along the Parramatta River when seen from the river and nearby heritage sites, and

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(g)

the development improves the foreshore landscape, so that local native vegetation and natural geomorphology are preserved, restored and extended and in accordance with any government-adopted catchment strategies, and

(h)

the continuity and integrity of existing mangrove stands, salt marshes and other marine vegetation as shown on Rydalmere Precinct Design Control Map as “Riparian Vegetation” are to be maintained and enhanced where appropriate, and

(i) where required by State Environmental Planning Policy No 55—Remediation of Land, the development remediates land contamination and removes any wastes from the foreshore zone so that the area is rendered suitable for public access (where natural values will not be diminished) and harm to the Parramatta River environment is addressed and minimised, and

(j)

development improves the settings of the important historic places and views along the Parramatta River and facilitates their interpretation, and

(k)

development does not have an adverse impact on significant or historic views from or of heritage sites situated long the Parramatta River when seen from the river and nearby heritage sites, and

(l)

development will result in a neutral or beneficial effect on the water quality of the Parramatta River and will not disturb contaminated river sediments in a way that creates risk of water pollution, and

(m)

any expansion of water based transport will not adversely affect the banks of vegetation of the Parramatta River foreshore, and

(n)

development will result in improved visual connections to the Parramatta River, and

(o)

when public pedestrian access is not appropriate for reasons such as contamination and safety issues, the development provides for appropriate vegetation in accordance with the Rydalmere Precinct Design Control Map, and

(p)

the development minimises reclamation and dredging.

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40S

The Victoria Road Special Area

(1)

Character Statement

Victoria Road will continue to be a significant gateway to Parramatta. The amenity and appearance of the area will be enhanced by high quality buildings, landscaping and public domain improvements. The high exposure offered by the location will strengthen the employment area. The area will focus on innovative and emerging technologies for production.

The road will cater for access by public transport and significant freight and private transport movements.

(2) Consideration

Before granting development consent for development within the Victoria Road Special Area, the consent authority must be satisfied that:

(a)

a high quality frontage with landscaping, and buildings with high quality finishes, are provided where visible from the street, and

(b)

signage has a high standard and provides clear information as to the use of the land, the street address and clearly marked entrance and exit ways and is of a scale and nature sympathetic to the building form, and

(c)

where a property adjoins a natural waterway, the land is revegetated with locally native flora where possible and any area adjacent to the foreshore is maintained so as to limit run-off and such areas are considered for outdoor recreation or lunch areas, and

(d)

the landscape set backs shown on the Rydalmere Precinct Design Control Map are met, and

(e)

the landscaped area will be generally free from car parking.

40T

The University Special Area

(1)

Character Statement

The University, comprising an area of historical significance set by the Parramatta River, will continue to be developed as a key centre of learning for Western Sydney. Heritage buildings and their settings will be preserved and adaptively

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reused as modern educational facilities. New development will ensure that glimpses of the heritage buildings from Victoria Road and James Ruse Drive will be maintained. The completion of the Chatswood to Parramatta Rail Link will provide excellent public transport for students, workers and visitors. Where appropriate, public pedestrian access and cycleway linkages along the river and between hinterland and the river, and recreation opportunities, will be pursued and implemented while protecting the riparian vegetation with appropriate set backs along the Parramatta River. Opportunities for improving access to water based transport will be pursued. The bushland east of the railway line will be retained. The Parramatta River and Vineyard Creek foreshores will generally be enhanced with vegetation locally native to the area through bush regeneration, except where exotic species have been identified for retention through a conservation management plan, while conserving significant and historic views from and to heritage items situated along the Parramatta River.

(2) Consideration

Before granting development consent for development within the University Special Area, the consent authority must consider whether the development is consistent with any master plan required for the area that addresses the principles in State Environmental Planning Policy No 56—Sydney Harbour Foreshores and Tributaries and must be satisfied that:

(a)

the development conserves and enhances items of heritage significance consistent with a Conservation Management Plan for the area, and

(b)

the development respects, conserves and responds to key views identified in that Plan, and

(c)

the development protects and enhances cultural plantings and native bushland and other natural features along the foreshore, and

(d)

the development provides for public access along the foreshore, and

(e)

the development facilitates the use of public transport and access for pedestrians and cyclists to the site and, where appropriate, through the site, and

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(f)

the scale and character of the development recognises and complements the unique visual qualities of the site, and

(g)

the development is integrated with the public transport network, including the upgraded Rydalmere Railway Station, and

(h)

the siting and design of the development minimises adverse effects from adjoining land uses, including noise from James Ruse Drive, and

(i)      the development enhances the key approach routes to Parramatta, being James Ruse Drive, Victoria Road, the rail line and Parramatta River.

40U

The Rydalmere Station and Environs Special Area

(1)

Character Statement

The Parramatta Rail Link and the upgraded Rydalmere Railway Station will be a catalyst for redevelopment. The area centred on the station will be attractively developed for a mix of commercial and transport related activities. Brodie Street, on the edge of the station precinct, will comprise upgraded retail activities, shop-top offices and housing. The station will be redeveloped to achieve integration with the surrounding land use. The area extending to Subiaco Creek will support a wide range of business services and enterprises. Parking and traffic problems in the area will be reduced. The natural amenity of the Vineyard and Subiaco Creek foreshores will be enhanced with vegetation locally native to the area through bush regeneration. Improved pedestrian and cycle links will be part of the revitalisation of the area.

(2) Consideration

Before granting development consent for redevelopment within the Rydalmere Station and Environs Special Area that, in the opinion of the consent authority, is major in nature, the consent authority must give consideration to any master plan required for the area and must be satisfied that:

(a)

the development within the Rydalmere Station environs achieves a high quality of design and contributes to diversity of retail, commercial, leisure and residential activities and enhances the vitality and amenity of the area, and

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(b)

the development minimises the need for vehicle parking and reduces impact on the street system, and

(c)

the development encourages access to and within the area by public transport, pedestrians and cyclists (possibly by allowing mid-block access), and

(d)

the development complies with the landscape set backs and enhances the natural landscape and ecological features of the foreshores of Vineyard and Subiaco Creeks, and

(e)

the development achieves an amalgamation of lots and realises the potential to achieve a high intensity of, and better form of, development, and

(f)

the development avoids establishing uses that would attract heavy vehicles to service sites within the area, and

(g)

a new road linking Muriel Avenue and Bridge Street and Mary Parade is in place to improve traffic circulation in the area or that the development will not generate further traffic congestion.

Division 5

Office development

40V

Office development in Rydalmere Precinct

The consent authority must not consent to development for the purpose of commercial premises or an office on land within the Technology and Enterprise zone or the Trade and Industry Support zone unless the use of the commercial premises or office is an integral part of, and ancillary to, the use of the site for a purpose that is permissible in the zone.

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[17]      Part 8

Omit the Part. Insert instead:

Part 8

Precinct 6—Camellia Precinct

Division 1

Aims of Part 8

41

Planning aims for the Camellia Precinct

(1) The aims of this Part are as follows:

(a)

to protect and support the integrity of the Camellia Precinct as one of Sydney’s significant industrial hubs,

(b)

to maintain and improve existing access to major public transport links outside the area,

(c)

to promote industrial development in the Camellia

Precinct

that

demonstrates

innovation

and

environmental management best practice,

(d)

to maintain long-term opportunities for future investment in eco-industrial development in the Camellia Precinct,

(e)

to promote the development of mutually supportive relationships between industries including processes, practices, products, energy use and waste,

(f)

to ensure that development along the foreshore is of a scale and character in keeping with its foreshore location and that the unique visual and ecological qualities of the waterways and foreshore are protected and enhanced,

(g)

to seek opportunities to provide public access to the foreshore at appropriate locations and improve the connectivity of the foreshore open space network,

(h)

to maintain existing racecourse uses and facilitate expansion of the existing racecourse and other uses that are ancillary or associated with the racing industry in the Camellia Precinct,

(i)      to develop a mixed use centre of retail, commercial, transport and community services at the railway station node serving the Camellia Precinct,

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(j)

to encourage industry that can capitalise on the Camellia Precinct’s accessibility, particularly the use of the rail freight line,

(k)

to achieve environmental management best practice that protects and promotes the natural assets of Camellia,

(l)

to improve environmental performance that minimises energy and resource use as well as off-site air quality, noise, odour, dust, water, soil and contamination impacts,

(m)

to protect and enhance local and regional biodiversity, particularly maximising the extent and integrity of aquatic and natural land areas along the Parramatta River, Duck River, Duck Creek and A’Becketts Creek corridors.

(2)

The consent authority must consider these objectives when assessing any application for development within the Camellia Precinct.

Division 2

Zoning

41A

Land use zones and explanation

The following land use zones for land within the Camellia

Precinct are shown on the Camellia Precinct Zoning Map:

(a)

Business and Transport Centre—a zone that provides retail, commercial, transport, community and support services for industry and the travelling public,

(b)

Regional Enterprise—a zone suitable for a variety of industrial and heavy industrial activities serving the Greater Metropolitan Area of Sydney and beyond,

(c)

James Ruse Drive Mixed Use—a zone that applies to land adjacent to James Ruse Drive identified for serviced apartments, motels, institutional and commercial uses related to the activities of the Camellia Precinct,

(d)

Racecourse—a zone that applies to Rosehill Racecourse and allows a wide range of leisure and function facilities,

(e)

Open Space—a zone that applies to land identified for public open space and community facilities,

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(f)

Private Open Space—a zone that applies to land identified for private open space and community facilities,

(g)

Environmental Protection—a zone that applies to land on the foreshore of waterways that is to be protected because of its current or potential high environmental values,

(h)

Transport—a zone that applies to existing and future uses related to road and rail transport and access, including passenger and freight movement,

(i)      Parramatta Road Industrial—a zone that applies to land suitable for a variety of industrial activities, bulky goods retailing and industrial service functions based on the area’s proximity to the regional road network.

41B

Business and Transport Centre zone

(1)

Objectives of the Business and Transport Centre zone

The objectives of the Business and Transport Centre zone are as follows:

(a)

to provide opportunities for retail, commercial, institutional, transport and community services development that will support the employment function of the Camellia Precinct,

(b)

to integrate the Primary Centre with public transport and pedestrian networks,

(c)

to meet the needs of travellers using public transport,

(d)

to ensure that new development does not detract from the character, amenity and visual quality of Harris Park residential development or impact on identified views between Elizabeth Farm and the Female Orphan School and its historic tree plantings, the Parramatta River Corridor and the Pennant Hills open space ridge line,

(e)

to comply with any controls for Special Areas as set out in this Part,

(f)

to provide for a mix of business-related visitors accommodation, leisure and institutional activities that will enhance James Ruse Drive as an important gateway to Parramatta,

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(g)

to recognise and respond to the constraints imposed by the narrow strip of land between James Ruse Drive and the freight rail line,

(h)

to ensure that development does not compromise industrial development in the Camellia Precinct or detract from the efficient operation of the regional road system.

(2)

Development within the Business and Transport Centre

zone

Within the Business and Transport Centre zone:

(a)

exempt development and development for any of the following purposes may be carried out without development consent:

maintenance works.

(b)

subdivision and development for any of the following purposes may be carried out, but only with development consent:

advertisements (other than an advertisement on a site that contains a heritage item); amusement centres; back packer’s accommodation; brothels; business identification signs; car rental centres; child care centres; clubs; commercial premises with above ground floor retail; community facilities; demolition; drainage works;

educational

establishments;

entertainment

facilities; hospitals; hotels; landscaping that is not exempt development; markets; medical centres; motels; places of assembly; places of public worship; public buildings; public transport facilities; public utility installations (other than gas holders and generating works); public works; recreation areas; recreation facilities; refreshment rooms; restaurants; restricted premises; roads; service stations; serviced

apartments;

shops;

telecommunications

facilities; vehicle rental centres; veterinary

establishments.

(c)

any other development is prohibited.

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41C

Regional Enterprise zone

(1)

Objectives of the Regional Enterprise zone

The objectives of the Regional Enterprise zone are as follows:

(a)

to achieve a prosperous and efficient regional eco- industrial estate that continues to capitalise on Camellia’s strategic location and accessibility,

(b)

to allow a wide range of industrial and heavy industrial uses in Camellia serving the Greater Metropolitan Area of Sydney and beyond,

(c)

to ensure that development is carried out in a manner that does not detract from the amenity enjoyed by residents in neighbouring localities, the conservation of identified views, the commercial viability of the Parramatta City Centre or the efficient operation of the road system,

(d)

to

ensure

that

development

applies

current

environmental management best practice,

(e)

to maintain long-term opportunities for the future investment in development of Camellia as an eco- industrial precinct,

(f)

to ensure that the scale, design and materials of construction, and the nature of development, contribute positively to the visual quality of the locality,

(g)

to allow for and improve public access along the waterways, where natural values will not be diminished,

(h)

in the case of contaminated land that is currently not suitable for public access, to ensure that opportunities are not lost for future potential foreshore access,

(i)      to comply with the controls for Special Areas as set out in this Part.

(2)

Development within the Regional Enterprise zone

Within the Regional Enterprise zone:

(a)

exempt development and development for any of the following purposes may be carried out without development consent:

maintenance works.

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(b)

subdivision and development for any of the following purposes may be carried out, but only with development consent:

advertisements (other than an advertisement on a site that contains a heritage item); brothels; business identification signs; car repair stations; child care centres; commercial premises that are ancillary to another permissible use on the land; commercial signs; demolition; depots; drainage; equipment hire centres; industries; kiosks; landscaping that is not exempt development; light industries; material recycling depots; motor showrooms; outdoor eating areas linked to kiosks; places of public worship; public buildings; public utility installations (other than gas holders and generating works); recreation areas; recreation facilities; resource recovery facilities; restricted premises; road transport terminals; roads; service stations; telecommunication facilities; vehicle rental centres; warehouses or distribution centres; waste facilities; waste processing facilities.

(c)

any other development is prohibited.

41D

James Ruse Drive Mixed Use zone

(1)

Objectives of the James Ruse Drive Mixed Use zone

The objectives of the James Ruse Drive Mixed Use zone are as follows:

(a)

to provide for a mix of business-related visitors’ accommodation, leisure and institutional activities that will enhance James Ruse Drive as an important gateway to Parramatta,

(b)

to recognise and respond to the constraints imposed by the narrow strip of land between James Ruse Drive and the freight rail line,

(c)

to ensure that development does not compromise industrial development in the Camellia Precinct or detract from the efficient operation of the regional road system,

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(d)

to ensure that new development does not detract from the character, amenity and visual quality of Harris Park residential development or impact on identified views between Elizabeth Farm and the Female Orphan School and its historic tree plantings, the Parramatta River corridor and the Pennant Hills open space ridge line,

(e)

to comply with the controls for Special Areas as set out in this Part.

(2)

Development within the James Ruse Drive Mixed Use

zone

Within the James Ruse Drive Mixed Use zone:

(a)

exempt development may be carried out without development consent,

(b)

subdivision and development for the purpose of the following may be carried out, but only with development consent:

clubs; commercial development associated with the racecourse or industrial uses in the Camellia Precinct; convention centres; drainage works; hotels; institutional uses; landscaping; motels; places of public worship; professional office suites; public buildings; serviced apartments.

(c)

any other development is prohibited.

41E

Racecourse zone

(1)

Objectives of the Racecourse zone

The objectives of the Racecourse zone are as follows:

(a)

to enable the racecourse at Rosehill Gardens to continue to be used for horse racing events,

(b)

to provide for a mix of business-related visitors’ accommodation, leisure and institutional activities that will enhance James Ruse Drive as an important gateway to Parramatta,

(c)

to recognise and respond to the constraints imposed by the narrow strip of land between James Ruse Drive and the freight rail line,

(d)

to ensure that development does not compromise industrial development in the Camellia Precinct,

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(e)

to allow Rosehill Gardens to be used for a wide range of function and leisure activities and services supporting the racing industry,

(f)

to ensure that new development does not detract from the character and visual quality of surrounding residential development or of nearby historic places, including Elizabeth Farm, or from the amenity enjoyed by nearby residents,

(g)

to ensure that development does not detract from the efficient operation of the road system,

(h)

to meet the urban design objectives set out in this Part and (where applicable) to comply with the controls for Special Areas as set out in this Part.

(2)

Development within the Racecourse zone

Within the Racecourse zone:

(a)

exempt development and development for any of the following purposes may be carried out without development consent:

maintenance works.

(b)

subdivision and development for any of the following purposes may be carried out, but only with development consent:

advertisements; business identification signs; clubs; community facilities; conference facilities; convention centres; demolition; development that is ordinarily incidental or ancillary to a racecourse; drainage works; entertainment facilities; exhibition facilities; landscaping that is not exempt development; outdoor eating areas; markets; public utility installations (other than gas holders or generating works); recreation areas; recreation facilities; refreshment rooms; restaurants; roads; tourist facilities.

(c)

any other development is prohibited.

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41F

Open Space zone

(1)

Objectives of the Open Space zone

The objectives of the Open Space zone are as follows:

(a)

to enable development of land for the purpose of open space and recreation and to facilitate the continued provision or enhancement of parks, community facilities, and support facilities, utilised by the community,

(b)

to enable other low-scale ancillary, incidental or related uses that will encourage the enjoyment of land zoned for open space, whilst not significantly restricting public access,

(c)

to encourage the retention and enhancement of open space along the Parramatta River foreshore,

(d)

to protect, facilitate and enhance the identified views, as well as protecting views and public access between the historic places in the Camellia Precinct,

(e)

to meet the urban design objectives set out in this Part and (where applicable) to comply with the controls for Special Areas as set out in this Part,

(f)

to facilitate public access to land and buildings within the Open Space zone,

(g)

to enhance the ecological sustainability and natural values of the area.

(2)

Development within the Open Space zone

Within the Open Space zone:

(a)

exempt development and development for any of the following purposes may be carried out without development consent:

bushfire hazard reduction works; ecological

restoration; maintenance works.

(b)

subdivision and development for any of the following purposes may be carried out, but only with development consent:

amenity buildings; artworks; bicycle hire; boat hire and boat launching facilities; business identification signs; child care centres;

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community facilities; demolition; drainage works; identifying or interpretive signage ancillary to another use allowed on the site; kiosks; landscaping that is not exempt development; outdoor eating areas linked to kiosks within the zone or restaurants in adjoining zones; public utility installations (other than gas holders or generating works); public works; recreation areas; water based entertainment facilities.

(c)

any other development is prohibited.

41G

Private Open Space zone

(1)

Objectives of the Private Open Space zone

The objectives of the Private Open Space zone are as follows:

(a)

to enable the development of private land for the purpose of recreation and for other ancillary, incidental or related uses that will encourage the provision of community facilities,

(b)

to ensure that new building forms are in scale and character with surrounding development and do not detract from the amenity enjoyed by nearby residents or the existing quality of the surrounding environment,

(c)

to meet the urban design objectives set out in this Part, and (where applicable) to comply with the controls for Special Areas as set out in this Part,

(d)

to enhance the ecological functionality and connectivity of the area.

(2)

Development within the Private Open Space zone

Within the Private Open Space zone:

(a)

exempt development and development for any of the following purposes may be carried out without development consent:

bushfire hazard reduction works; ecological

restoration; landscaping; maintenance works.

(b)

subdivision and development for any of the following purposes may be carried out, but only with development consent:

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business identification signs; child care centres; clubs; community facilities; drainage works; entertainment facilities; kiosks; outdoor eating areas; pedestrian and other access; public utility undertakings (other than gas holders or generating works); recreation areas; recreation facilities; refreshment rooms; roads; sea walls.

(c)

any other development is prohibited.

41H

Environmental Protection zone

(1)

Objectives of the Environmental Protection zone

The objectives of the Environmental Protection zone are as follows:

(a)

to conserve, manage and enhance biodiversity, vulnerable and threatened species and ecological communities, remnant habitat and the ecological viability of the land,

(b)

to protect and restore environmentally sensitive remnant habitats and communities,

(c)

to increase the community’s awareness and appreciation of remnant habitats and biodiversity,

(d)

to protect and restore the aesthetic, heritage, recreational, educational and scientific value of the bushland,

(e)

to allow uses for scientific and educational purposes.

(2)

Development within the Environmental Protection zone

Within the Environmental Protection zone:

(a)

development for any of the following purposes may be carried out without development consent:

bushfire hazard reduction works; ecological

restoration; maintenance works.

(b)

subdivision, development in accordance with a plan of management adopted under the Local Government Act 1993 and development for any of the following purposes may be carried out, but only with development consent:

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access ways for emergency vehicles; clearing; demolition; drainage works; essential activities necessitated by the operational requirements of the industry or activity on land adjacent to the zone; landscaping that is not exempt development; pedestrian and other access ways; public utility undertakings (other than gas holders and generating works); remediation of land; sea walls; works related to environmental investigations, incident management, fire management, hazard management, ancillary infrastructure, energy supply, and other works, that are required to meet the licensing requirement of the Protection of the Environment Operations Act 1997.

(c)

any other development is prohibited.

41I

Transport zone

(1)

Objectives of the Transport zone

The objectives of the Transport zone are as follows:

(a)

to facilitate continued and efficient operation and management of road and related transport services and rail and related transport services,

(b)

to facilitate the future growth of the transport network,

(c)

to encourage transportation of freight by rail,

(d)

to provide support facilities for users of the public transport system.

(2)

Development within the Transport zone

Within the Transport zone:

(a)

exempt development and development for the purpose of the following may be carried out without development consent:

maintenance works.

(b)

subdivision and development for any of the following purposes may be carried out, but only with development consent:

advertisements (other than an advertisement on a site that contains a heritage item); bus depots; bus

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stations; business identification signs; drainage works; public transport facilities; public utility undertakings (other than gas holders and generating works); railways; roads; workshops.

(c)

any other development is prohibited.

41J

Parramatta Road Industrial zone

(1)

Objectives of the Parramatta Road Industrial zone

The objectives of the Parramatta Road Industrial zone are as follows:

(a)

to foster industries and industrial service functions that will capitalise on connectivity to the regional road network and public transportation corridors,

(b)

to recognise the area’s transitional role in relation to adjoining bulky goods retail development,

(c)

to ensure development does not detract from the efficient operation of the local or regional road system,

(d)

to ensure that the scale, design, materials of construction and nature of development contribute positively to the amenity and visual quality of the locality,

(e)

to ensure that development incorporates environmental management best practice.

(2)

When undertaking an assessment required by this clause, the consent authority must take into consideration the impact of the development in combination with the cumulative impact of development that is likely to occur within the same floodplain.

(3)

For the purposes of this Plan, the consent authority may consult with, and take into consideration, any advice of the Department of Lands, the Upper Parramatta River Catchment Trust (for its catchment) and the State Emergency Service in relation to the nature of the flood hazard, the necessity and capacity to evacuate persons and the consequences and suitability of the development.

[31]      Part 12

Insert after Part 11:

Part 12

Ecological sustainability provisions

85

Objectives for ecological sustainability

For the purposes of this Plan, the objectives for ecological sustainability are as follows:

(a)

to encourage environmental management best practice that protects and promotes the natural assets of the Parramatta City Centre, Harris Park, Government, Rydalmere and Camellia Precincts,

(b)

to improve environmental performance that minimises energy and resource use as well as off-site air quality, noise, odour, dust, water, soil and contamination impacts,

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(c)

to protect and enhance local and regional biodiversity, particularly maximising the extent and integrity of aquatic and ecologically sustainable land areas along the corridors of the Parramatta River, the Duck River and their tributary creeks,

(d)

over time, to measurably improve the environmental quality of the Parramatta Primary Centre.

Note. Potential ecological sustainability indicators include: runoff, water quality (including ground water quality), flooding problems, water consumption compared to industry best-performance, proportion of industrial properties assessed for contamination, noise and odour complaints, extent of sensitive population adversely affected by traffic noise, on-site air pollutant production, on-site greenhouse gas production, energy conservation performance compared to industry averages, waste generation rates compared to industry average or to targets of any industry waste reduction plans, proportion of inputs that entail reuse or recycling, proportion of outputs that are reused or recycled, proportion and extent of key foreshores or riparian habitats in natural state, diversity of key endemic species and extent of pest species, domestic utilisation of green energy such as solar hot water systems.

86      Contaminated land

(1)

If the consent authority has information that indicates that a site has been used previously or is being used for any activity that is likely to have contaminated the site, the consent authority must not consent to development of that site until it has made an assessment as to whether remediation is to be carried out.

(2)

In making the assessment, the consent authority may require the applicant for development consent to undertake a contamination assessment that will require the investigation of previous uses, sampling and testing of the land to show if the land is contaminated.

(3)

If it is shown that the land is contaminated and requires remediation, the consent authority may require that a remediation action plan be prepared by the applicant for development consent to show that the land can be remediated, to a standard that can accommodate the proposed use, prior to the determination of any application for development consent.

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Schedule 1

(4) In determining whether or not to grant consent to an application, the consent authority must take into consideration any guidelines, protocols or standards known to it that are relevant to remediation procedures and the type of contamination of the land that have been published by the Environment Protection Authority and the Department of Infrastructure, Planning and Natural Resources.

(5)

When granting such a consent, the consent authority may

impose, but is not limited to, conditions that:

(a)

require remediation of the land or any part of it to an appropriate standard, and

(b)

prohibit the carrying out of development on any part of the land pursuant to consent until the consent authority accepts in writing an independent site audit statement verifying the remediation of the land to an appropriate standard.

(6) Nothing in this clause affects the application of State Environmental Planning Policy No 55—Remediation of Land to land to which this clause applies.

87 Biodiversity

Before granting development consent for any development, and before undertaking any works, the consent authority must be satisfied that:

(a)

the continuity of existing mangrove strands and salt marshes is maintained and adequate buffers are provided, and

(b)

any other nearby habitats and populations are preserved and opportunities identified for their enhancement through complementary landscaping, ecological restoration, habitat creation, planting and the form of the development, and

(c)

functional habitat is created through large continuous vegetated areas in preference to smaller, narrower, dispersed areas, and

(d)

linkages between existing aquatic and terrestrial ecological remnants are maximised.

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Amendment of Sydney Regional Environmental Plan No 28—Parramatta

88      Development of land adjacent to an environmental protection zone

The consent authority must not grant development consent for the development of land that is adjacent to land in an environmental protection zone unless it has taken into consideration:

(a)

the need to protect and preserve the environmental protection zoned land, and

(b)

the need to retain any bushland on the adjacent land for a buffer zone, and

(c)

the effect of the proposed development on the adjoining bushland, including the erosion of soil, the siltation of streams and waterways and the spread of weeds and exotic plants, the effect of landscaping on local fauna, overshadowing, overland flow path and stormwater run-off, removal or degradation of existing vegetation, and light and noise effects on fauna, and

(d)

any other matters that are relevant to the protection and preservation of the bushland area.

89      Other ecological sustainability development controls

Before granting development consent for any development, the consent authority must give consideration to whether:

(a)

a site water cycle management plan will be developed and implemented that addresses surface and ground water quality protection, surface water flow management, on-site retention, water sensitive urban design and stormwater, and

(b)

facilities and measures are included, wherever possible, for on-site management of trade waste and wastewater, as well as measures that have been developed to prevent environmental damage during flooding from on-site storage of waste and chemicals, and

(c)

a waste management plan will be developed and implemented that minimises the use of resources, and maximises the reduction, reuse and recycling of materials, and

(d)

all viable cleaner production measures are incorporated into the development, and

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(e)

an energy management plan will be developed and implemented that focuses on the containment or reduction of greenhouse gas emissions through energy conservation or the use of alternative energy sources, and

(f)

a site air quality management plan will be developed and implemented to minimise local air quality impacts such as on-site dust, particulate and fuel emissions and impacts from traffic generated by the development, and

(g)

odour impacts will be assessed and mitigative measures employed that address adverse odour impacts from on- site activities or traffic generated by the development, and

(h)

the development will disturb contaminated river sediments in a way that creates a risk of water pollution and public health, and

(i)      in Camellia Precinct only, the development will disturb contaminated groundwater in a way that increases the risk of surface water pollution or concentration of groundwater under other properties, and

(j)

noise and vibration impacts have been assessed and mitigative measures employed consistent with the requirements of clause 75 so as to address unacceptable noise generated from the development or to address noise impacts from adjoining sites.

[32]      Schedule 1 Dictionary

Omit the definitions of Designated flood, Flood liable land, Light

Industry, Maintenance and Primary Centre and Precincts Map.

[33]      Schedule 1

Insert in alphabetical order of definitions:

Bushfire hazard means the potential severity of a bushfire as determined by climate and weather patterns, vegetation (fuel), and slope.

Bushfire hazard management works means:

(a)

the controlled application of appropriate fire regimes or other means for the reduction or modification of available fuels within a predetermined area, or

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Amendment of Sydney Regional Environmental Plan No 28—Parramatta

(b)

the establishment or maintenance of fire breaks on land, or

(c)

any works for mitigating against the spread of a bush fire,

but does not include:

(d)

the construction of a track, trail, or road, or

(e)

the removal of leaf litter, or

(f)

minor maintenance work (other than works related to the establishment of fire breaks on land) that do not involve the removal or destruction of live vegetation.

Bushfire hazard reduction means a reduction or modification (by controlled burning or mechanical or manual means) of material that gives rise to an increased bushfire hazard.

Business identification sign means a sign:

(a)

that indicates:

(i)

the name of the person, and

(ii)

the business carried on by the person,

at the premises or place at which the sign is displayed,

and

(b)

that may include the address of the premises or place and a logo or other symbol that identifies the business,

but that does not include any advertising relating to a person

who does not carry on business at the premises or place.

Camellia Precinct Design Control Map means the map marked “Camellia Precinct Design Control Map” as amended by the maps (or specified sheets of maps) marked as “Sydney Regional Environmental Plan No 28—Parramatta (Amendment No 7)—Camellia Precinct—Design Control Map”.

Camellia Precinct Height Map means the map marked “Camellia Precinct Height Map” as amended by the maps (or specified sheets of maps) marked as “Sydney Regional Environmental Plan No 28—Parramatta (Amendment No 7)—Camellia Precinct—Height Map”.

Sydney Regional Environmental Plan No 28—Parramatta (Amendment

2003 No 914

No 7)

Amendment of Sydney Regional Environmental Plan No 28—Parramatta

Schedule 1

Camellia Precinct Heritage Map means the map marked “Camellia Precinct Heritage Map” as amended by the maps (or specified sheets of maps) marked as “Sydney Regional Environmental Plan No 28—Parramatta (Amendment No 7)—Camellia Precinct—Heritage Map”.

Camellia Precinct Special Areas Map means the map marked “Camellia Precinct Special Areas Map” as amended by the maps (or specified sheets of maps) marked as “Sydney Regional Environmental Plan No 28—Parramatta (Amendment No 7)—Camellia Precinct—Special Area Map”.

Camellia Precinct Zoning Map means the map marked “Camellia Precinct Zoning Map” as amended by the maps (or specified sheets of maps) marked as “Sydney Regional Environmental Plan No 28—Parramatta (Amendment No 7)—Camellia Precinct—Zoning Map”.

Ecological restoration means restoring the living communities, habitats, water and land resources of an area to a more natural form and function.

Ecologically sustainable development means development that is based on the philosophy of conserving and recycling resources to contribute to the restoration of underlying ecological processes and that involves the integration of ecological processes such as on-site stormwater absorption, soil conservation, grey water recycling, renewable energy harvesting, natural habitat and air quality.

Eco-industrial development means industrial development that contributes to the industrial ecology of an area or system by:

(a)

producing energy, water or materials used by another industry, or

(b)

consuming energy, water or materials produced by another industry.

Flood liable land (being synonymous with ‘flood prone land’ and ‘floodplain’) means an area of land that is subject to inundation by floods up to, and including, an extreme flood such as a probable maximum flood (PMF).

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Amendment of Sydney Regional Environmental Plan No 28—Parramatta

Habitat means an area or areas occupied, whether or not only periodically or occasionally, by a species, population or ecological community, and includes any biotic or abiotic component.

High technology industry means an enterprise that has as its primary function the manufacture, development, production, processing or assembly of, or research into, any of the following:

(a)

electronic and microelectronic systems, goods and components,

(b)

information technology, computer software and hardware,

(c)

instrumentation and instruments,

(d)

biological, pharmaceutical, medical or paramedical systems, goods and components,

(e)

other goods, systems and components intended for use in science and technology.

Input/output directory means a register maintained by Parramatta City Council that details the energy, water and materials used and produced by industry in the Camellia Precinct, and includes any guidelines for the provision of information to the register.

Light industry means an industry in which the processes carried on, the transportation involved, or the machinery or materials used, do not interfere unreasonably with the amenity of the neighbourhood.

Markets means land, a building or a place used on a temporary basis for the purpose of selling, exposing or offering for sale by retail or hire, goods, merchandise, material or services.

Primary Centre and Precincts Map means the map marked “Sydney Regional Environmental Plan No 28—Parramatta (Amendment No 7)—Parramatta and Precincts Map”.

Probable maximum flood (PMF) means the largest flood that could conceivably occur at a particular location.

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Schedule 1

Public works means pedestrian walkways, streets, lane ways, squares, roads, playgrounds, parks or car parks, open space, stairs, art works, furniture and other works in a public place available for public use, enjoyment and activities.

Remediation means:

(a)

removing, dispersing, destroying, reducing, mitigating

or containing the contamination of any land, or

(b)

eliminating or reducing any hazard arising from the contamination of any land (including by preventing the entry of persons or animals on the land).

Resource recovery facility means:

(a)

a facility that collects, sorts, dismantles, salvages or temporarily stores non-putrescible materials capable of re-use and resale, or

(b)

a facility that recovers, recycles or re-uses materials or energy from waste or by-products.

Rydalmere Precinct Design Control Map means the map marked “Rydalmere Precinct Design Control Map” as amended by the maps (or specified sheets of maps) marked as “Sydney Regional Environmental Plan No 28—Parramatta (Amendment No 7)—Rydalmere Precinct—Design Control Map”.

Rydalmere Precinct Height Map means the map marked “Rydalmere Precinct Height Map” as amended by the maps (or specified sheets of maps) marked as “Sydney Regional Environmental Plan No 28—Parramatta (Amendment No 7)—Rydalmere Precinct—Height Map”.

Rydalmere Precinct Heritage Map means the map marked “Rydalmere Precinct Heritage Map” as amended by the maps (or specified sheets of maps) marked as “Sydney Regional Environmental Plan No 28—Parramatta (Amendment No 7)—Rydalmere Precinct—Heritage Map”.

Rydalmere Precinct Special Areas Map means the map marked “Rydalmere Precinct Special Areas Map” as amended by the maps (or specified sheets of maps) marked as “Sydney Regional Environmental Plan No 28—Parramatta (Amendment No 7)—Rydalmere Precinct—Special Areas Map”.

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Amendment of Sydney Regional Environmental Plan No 28—Parramatta

Rydalmere Precinct Zoning Map means the map marked “Rydalmere Precinct Zoning Map” as amended by the maps (or specified sheets of maps) marked as “Sydney Regional Environmental Plan No 28—Parramatta (Amendment No 7)—Rydalmere Precinct—Zoning Map”.

Sea wall means a structure placed partially or wholly along the shoreline to protect the land from the sea or to stop accelerated erosion of the interface, but does not include a breakwater.

Signage means any sign, notice, device, representation or advertisement that advertises or promotes any goods, services or events and any structure or vessel that is principally designed for, or that is used for, the display of signage, and includes building and business identification signs.

Tourist facility means an establishment providing holiday accommodation or recreational facilities, or both, on a short- term basis, and may include:

(a)

hotels, motels, bed and breakfasts, serviced apartments, holiday cabins, caravan parks, camping grounds and houseboat facilities, and any associated swimming pools, golf courses, tennis courts and marinas, and

(b)

restaurants, and

(c)

souvenir shops, art and craft galleries and exhibition centres.

[34]      Schedule 2 Master plan sites

Insert at the end of Part 1:

Woodbury Estate—Victoria Road

Land covered by Rydalmere Business and Transport Centre zone where major redevelopment is proposed

University of Western Sydney

Sydney Water site, east and west of Railway line, Camellia

Land covered by Camellia Business and Transport Centre zone

Capral, 2 Unwin Street, Camellia

Sydney Regional Environmental Plan No 28—Parramatta (Amendment

2003 No 914

No 7)

Amendment of Sydney Regional Environmental Plan No 28—Parramatta

Schedule 1

Any site within the Camellia or Rydalmere Precincts with an area greater than 5 hectares that is vacant or where major redevelopment is proposed.

[35]      Schedule 3 Exempt development

Delete “Erection of” from clause 1.

Insert instead “Unless prohibited in accordance with clause 70 (3) (a) or

(b) or under the zoning table, erection of”.

[36]      Schedule 6 Heritage items

Insert in order of street names in Part 2:

Grand

Camellia

Tram alignment

Avenue

1

Grand

Camellia

Sewage Pumping

Lot 2

Avenue

Station 67

DP 430623

1b (adj)

Grand

Camellia

Clyde Carlingford Rail

Avenue

Bridge abutments

1b (off)

Grand

Camellia

Grave of Eliner Magee

Avenue

& child

10

Grand

Camellia

Wunderlich

Lot 4

Avenue

DP 623497

Parramatta

Camellia

Wetlands

River

Unwin Street

Camellia

RTA Depot

Lot 120

DP 817742

2

Unwin Street

Camellia

Capral Aluminium

Lot 1

(4a James

DP 818736

Ruse Drive)

40

Brodie Street

Rydalmere

Subiaco archaeological

Lot 100

site

DP 622959

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Schedule 1

Amendment of Sydney Regional Environmental Plan No 28—Parramatta

Parramatta

Rydalmere

Wetlands

River

38

South Street

Rydalmere

Truganini House and

Lot 10

grounds

DP 774181

171

Victoria Road

Rydalmere

UWS Parramatta

Lot 100

Campus (former

DP 816829

Rydalmere Hospital &

Female Orphan School)

171

Victoria Road

Rydalmere

Clyde Carlingford Rail

(adj)

Bridge abutments

213a

Victoria Road

Rydalmere

Railway Station

Lot 51–54 DP 843244

213a

Victoria Road

Rydalmere

Stationmaster’s

Lot 1

residence

DP 178390

[37]      Schedule 9

Insert after Schedule 8:

Schedule 9 Bulky goods retailing

(Clause 41J)

Parramatta Road Industrial Zone

Column 1

Column 2

Goods

Floor space area (m2)

Antiques and second hand goods

500

Automotive parts and accessories

500

Electrical goods

1,000

Floor coverings

500

Furniture

1,000

Sydney Regional Environmental Plan No 28—Parramatta (Amendment

2003 No 914

No 7)

Amendment of Sydney Regional Environmental Plan No 28—Parramatta

Schedule 1

Column 1

Column 2

Goods

Floor space area (m2)

Hardware

1,000

Kitchen or bathroom fixtures and

250

fittings

Lighting

500

Office supplies

1,000

Outdoor products

1,000

Take away food

No minimum

Tiles (floor, ceiling, wall)

No minimum

Toys or sporting equipment

1,000

Video hire

500

2003 No 914

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No 7)

Schedule 2

Amendment of Parramatta Local Environmental Plan 2001

Schedule 2

Amendment of Parramatta Local

Environmental Plan 2001

(Clause 4 (2))

[1]      Clause 4 Where does this plan apply?

Insert at the end of the clause:

(2)

However, this plan does not apply to land within the Camellia Precinct or Rydalmere Precinct within the meaning of Sydney Regional Environmental Plan No 28—Parramatta.

[2]      Clause 16 What development is allowed or prohibited by zoning?

Omit item 1 (f) of the matter relating to Development in the 4 Employment

Zone in the Table to the clause.

Sydney Regional Environmental Plan No 28—Parramatta (Amendment

2003 No 914

No 7)

Amendment of Parramatta Local Environmental Plan 1996 (Heritage and

Schedule 3

Conservation)

Schedule 3

Amendment of Parramatta Local

Environmental Plan 1996 (Heritage and

Conservation)

(Clause 4 (3))

[1]      Clause 3 Land to which plan applies

Omit “or Government Precinct” from clause 3 (2).

Insert instead “, Government, Camellia or Rydalmere Precincts”.

[2]      Schedule 1 Heritage items of State or regional significance

Omit the matter relating to any item listed in respect of the suburb of

Rydalmere.

[3]      Schedule 2 Heritage items of local significance

Omit the matter relating to any item listed in respect of the suburb of

Rydalmere.

BY AUTHORITY

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