Appendix 1 Oran Park and Turner Road Precinct Plan
Note. The Standard Instrument (Local Environmental Plans) Order 2006 sets out matters to be included in standard local environmental plans. While this Precinct Plan is not a standard local environmental plan, it is generally consistent with standard plans. A number of clauses from the Standard Instrument (Local Environmental Plans) Order 2006 have been included in this Precinct Plan and the clause numbering from that order has been retained. This means that the numbering in this Precinct Plan may contain some gaps. Additional provisions have been inserted and are numbered accordingly.
This Plan is the Oran Park and Turner Road Precinct Plan 2007.
The aims of this Precinct Plan are:(a) to make development controls for land in the Oran Park and Turner Road Precincts within the South West Growth Centre that will ensure the creation of quality environments and good design outcomes, and(b) to protect and enhance the environmentally sensitive areas and natural and cultural heritage of those Precincts, and(c) to provide for multifunctional and innovative communities in those Precincts that encourage employment and economic growth, and(d) to promote housing choice and affordability in those Precincts, and(e) to provide for the sustainable development of those Precincts, and(f) to minimise the impact on existing and future communities of the full range of risks posed by natural hazards such as bushfires and flooding.
1.3 Land to which Precinct Plan applies
This Precinct Plan applies to land within the Oran Park and Turner Road Precincts.
In this Precinct Plan, Council means the Camden Council.Note. The Dictionary at the end of this State Environmental Planning Policy defines words and expressions for the purposes of this Precinct Plan.
The consent authority for the purposes of this Precinct Plan is (subject to the Act) the council of the area in which the land concerned is situated.
1.8 Repeal of other local planning instruments applying to land
(1) All local environmental plans and deemed environmental planning instruments applying only to the land to which this Precinct Plan applies are repealed.(2) All local environmental plans and deemed environmental planning instruments applying to the land to which this Precinct Plan applies and to other land cease to apply to the land to which this Precinct Plan applies.(3) This clause does not affect the operation of other provisions of this State Environmental Planning Policy.
(1) This Precinct Plan is subject to the provisions of any State environmental planning policy that prevails over this State Environmental Planning Policy as provided by section 36 of the Act.Note. Section 36 of the Act generally provides that SEPPs prevail over LEPs. However, a LEP may (by an additional provision included in the LEP) displace or amend a SEPP to deal specifically with the relationship between this Precinct Plan and the SEPP.(2) The following State environmental planning policies (or provisions) do not apply to the land to which this Precinct Plan applies:State Environmental Planning Policy No 1—Development Standards
State Environmental Planning Policy No 4—Development Without Consent and Miscellaneous Exempt and Complying Development (clause 6 and Parts 3 and 4)
State Environmental Planning Policy No 60—Exempt and Complying Development
(3) Subject to section 74 (1) of the Act, in the event of an inconsistency between this Precinct Plan and another environmental planning instrument whether made before or after the commencement of this Precinct Plan, this Precinct Plan prevails to the extent of the inconsistency.Note. The other provisions of this State Environmental Planning Policy also contains provisions applying development controls to the South West Growth Centre, including the Oran Park and Turner Road Precincts.
1.9A Suspension of covenants, agreements and instruments
(1) For the purpose of enabling development on land in any zone to be carried out in accordance with this Precinct Plan or with a development consent granted under the Act, any agreement, covenant or other similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose.(2) This clause does not apply:(a) to a covenant imposed by the Council or that the Council requires to be imposed, or(b) to any prescribed instrument within the meaning of section 183A of the Crown Lands Act 1989, or(c) to any conservation agreement within the meaning of the National Parks and Wildlife Act 1974, or(d) to any Trust agreement within the meaning of the Nature Conservation Trust Act 2001, or(e) to any property vegetation plan within the meaning of the Native Vegetation Act 2003, or(f) to any biobanking agreement within the meaning of Part 7A of the Threatened Species Conservation Act 1995, or(g) to any planning agreement within the meaning of Division 6 of Part 4 of the Act.(3) This clause does not affect the rights or interests of any public authority under any registered instrument.(4) Under section 28 of the Act, the Governor, before the making of this clause, approved of subclauses (1)–(3).
Part 2 Permitted or prohibited development
The land use zones under this Precinct Plan are as follows:Residential ZonesR1 General Residential
R3 Medium Density Residential
Business ZonesB1 Neighbourhood Centre
B2 Local Centre
B4 Mixed Use
B5 Business Development
Industrial ZonesIN1 General Industrial
Special Purpose ZonesSP2 Infrastructure
Recreation ZonesRE1 Public Recreation
RE2 Private Recreation
Environment Protection ZonesE2 Environmental Conservation
E4 Environmental Living
Note. At the commencement of this Precinct Plan, land within the Oran Park Precinct was within the Medium Density Residential Zone, the Neighbourhood Centre Zone, the Local Centre Zone, the General Industrial Zone, the Infrastructure Zone, the Public Recreation Zone, the Private Recreation Zone and the Environmental Living Zone. Land within the Turner Road Precinct was within the General Residential Zone, the Neighbourhood Centre Zone, the Mixed Use Zone, the Business Development Zone, the General Industrial Zone, the Public Recreation Zone and the Private Recreation Zone.
2.2 Zoning of land to which Precinct Plan applies
For the purposes of this Precinct Plan, land is within the zones shown on the Land Zoning Map.
2.3 Zone objectives and land use table
(1) The Land Use Table at the end of this Part specifies for each zone:(a) the objectives for development, and(b) development that may be carried out without consent, and(c) development that may be carried out only with consent, and(d) development that is prohibited.(2) The consent authority must have regard to the objectives for development in a zone when determining a development application in respect of land within the zone.(3) In the Land Use Table at the end of this Part:(a) a reference to a type of building or other thing is a reference to development for the purposes of that type of building or other thing, and(b) a reference to a type of building or other thing does not include (despite any definition in this Precinct Plan) a reference to a type of building or other thing referred to separately in the Table in relation to the same zone.(4) This clause is subject to the other provisions of this Part.Notes.1 Schedule 1 sets out additional permitted uses for particular land.
2 The Oran Park Precinct Development Control Plan and the Turner Road Precinct Development Control Plan set out exempt development (which is generally exempt from both Parts 4 and 5 of the Act). Development in the Land Use Table that may be carried out without consent is nevertheless subject to the environmental assessment and approval requirements of Part 5 of the Act or, if applicable, Part 3A of the Act.
3 The Oran Park Precinct Development Control Plan and the Turner Road Precinct Development Control Plan set out complying development (for which a complying development certificate may be issued as an alternative to obtaining development consent).
4 Clause 2.6 requires consent for subdivision of land.
5 Part 5 contains other provisions which require consent for particular development.
2.5 Additional permitted uses for particular land
(1) Development on particular land that is described or referred to in Schedule 1 may be carried out:(a) with consent, or(b) if the Schedule so provides—without consent,in accordance with the conditions (if any) specified in that Schedule in relation to that development.(2) This clause has effect despite anything to the contrary in the Land Use Table at the end of this Part or other provision of this Precinct Plan.
2.6 Subdivision—consent requirements
(1) Land to which this Precinct Plan applies may be subdivided, but only with consent.(2) However, consent is not required for a subdivision for the purpose only of any one or more of the following:(a) widening a public road,(b) a minor realignment of boundaries that does not create:(i) additional lots or the opportunity for additional dwellings, or(ii) lots that are smaller than the minimum size shown on the Lot Size Map in relation to the land concerned,(c) a consolidation of lots that does not create additional lots or the opportunity for additional dwellings,(d) rectifying an encroachment on a lot,(e) creating a public reserve,(f) excising from a lot land that is, or is intended to be, used for public purposes, including drainage purposes, rural fire brigade or other emergency service purposes or public conveniences.Note. If a subdivision is exempt development, the Act enables the subdivision to be carried out without consent.(3) Despite subclause (1), consent is not required for subdivision under the Strata Schemes (Freehold Development) Act 1973 or the Strata Schemes (Leasehold Development) Act 1986, except:(a) in the case of a building to which Part 3 of State Environmental Planning Policy (Affordable Rental Housing) 2009 applies, or(b) where the building has been designed or approved for occupation as a single unit.
The demolition of a building or work may be carried out only with consent.Note. The demolition of certain buildings and works is identified in the Oran Park Precinct Development Control Plan, the Turner Road Precinct Development Control Plan and State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 as exempt or complying development.
Zone R1 General Residential
• To provide for the housing needs of the community.• To provide for a variety of housing types and densities.• To enable other land uses that provide facilities or services to meet the day to day needs of residents.• To support the well being of the community, including educational, recreational, community, religious and other activities and, where appropriate, neighbourhood shops if there will be no adverse effect on the amenity of proposed or existing nearby residential development.• To allow for small scale kiosks, function centres, restaurants and markets that support the primary function and use of recreation areas, public open space and recreation facilities located within residential areas.• To allow for small scale intensity tourist and visitor accommodation that does not interfere with residential amenity.• To provide for a variety of recreational uses within open space areas.
Nil
Any other development not specified in item 2 or 4
Agriculture; Airports; Airstrips; Biosolid waste applications; Bulky goods premises; Business premises; Car parks; Cemeteries; Correctional centres; Crematoria; Dairies (pasture-based); Depots; Entertainment facilities; Extractive industries; Farm buildings; Freight transport facilities; Function centres (other than those within recreation areas or operated in conjunction with recreation areas or recreation facilities); Hazardous storage establishments; Helipads; Heliports; Home occupations (sex services); Industrial retail outlets; Industries; Landscape and garden supplies; Liquid fuel depots; Materials recycling or recovery centres; Mines; Mortuaries; Offensive storage establishments; Office premises; Passenger transport facilities; Public administration buildings; Registered clubs; Retail premises (other than neighbourhood shops and other than kiosks, markets, restaurants or take away food and drink premises within recreation areas or operated in conjunction with recreation areas or recreation facilities); Restricted premises; Restriction facilities; Roadside stalls; Rural industries; Rural workers’ dwellings; Sawmill or log processing works; Service stations; Sewage treatment works; Sex services premises; Stock and sale yards; Storage premises; Timber and building supplies; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Vehicle sales or hire premises; Warehouse or distribution centres; Waste disposal land fill operations; Waste management facilities; Wholesale supplies
Zone R3 Medium Density Residential
• To provide for the housing needs of the community within a medium density residential environment.• To enable other land uses that provide facilities or services to meet the day to day needs of residents.• To support the well being of the community, including educational, recreational, community, religious and other activities where compatible with the amenity of a medium density residential environment.• To provide for a variety of recreational uses within open space areas.• To allow for small scale kiosks, function centres, restaurants and markets that support the primary function and use of recreation areas, public open space and recreation facilities located within residential areas.
Nil
Any other development not specified in item 2 or 4
Agriculture; Airports; Airstrips; Biosolid waste applications; Bulky goods premises; Business premises; Car parks; Caravan parks; Cemeteries; Correctional centres; Crematoria; Dairies (pasture-based); Depots; Dual occupancies; Dwelling houses; Entertainment facilities; Exhibition homes; Extractive industries; Farm buildings; Freight transport facilities; Function centres (other than those within recreation areas or operated in conjunction with recreation areas or recreation facilities); Hazardous storage establishments; Helipads; Heliports; Home occupations (sex services); Industrial retail outlets; Industries; Landscape and garden supplies; Liquid fuel depots; Materials recycling or recovery centres; Mines; Mortuaries; Offensive storage establishments; Office premises; Passenger transport facilities; Public administration buildings; Registered clubs; Restricted premises; Restriction facilities; Retail premises (other than neighbourhood shops and other than kiosks, markets, restaurants or take away food and drink premises within recreation areas or operated in conjunction with recreation areas or recreation facilities); Roadside stalls; Rural industries; Rural workers’ dwellings; Sawmill or log processing works; Service stations; Sewage treatment works; Sex services premises; Stock and sale yards; Storage premises; Timber and building supplies; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Vehicle sales or hire premises; Warehouse or distribution centres; Waste disposal land fill operations; Waste management facilities
Zone B1 Neighbourhood Centre
• To provide a range of small-scale retail, business and community uses which serve the needs of people who live or work in the surrounding neighbourhood and, in relation to the Turner Road Precinct, of a scale and nature that serves the wider community.• To ensure the scale and type of business development is compatible with the amenity of surrounding areas.• To allow for residential development that contributes to the economic and social vitality of the neighbourhood centre.• To ensure that residential development does not preclude the provision of active retail, business and community uses at street level.• To ensure that residential development does not detract from the primary function of the zone which is to provide for retail, business and convenience uses to serve the community.• To promote retail activities in accessible locations that encourage walking.• To promote a sense of place and focal points for the local community.• To ensure retail development does not adversely impact on the viability of retail development in the Local Centre Zone.
Nil
Any other development not specified in item 2 or 4
Agriculture; Airports; Airstrips; Biosolid waste applications; Bulky goods premises; Caravan parks; Cemeteries; Correctional centres; Crematoria; Dairies (pasture-based); Depots; Extractive industries; Farm buildings; Freight transport facilities; Hazardous storage establishments; Helipads; Heliports; Home occupations (sex services); Industrial retail outlets; Industries; Liquid fuel depots; Materials recycling or recovery centres; Mines; Offensive storage establishments; Passenger transport facilities; Recreation facilities (major); Residential flat buildings (other than as shop top housing); Restricted premises; Restriction facilities; Roadside stalls; Rural industries; Rural workers’ dwellings; Sawmill or log processing works; Seniors housing (other than as shop top housing); Sewage treatment works; Sex services premises; Stock and sale yards; Storage premises; Timber and building supplies; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle sales or hire premises; Warehouse or distribution centres; Waste disposal land fill operations; Waste management facilities; Wholesale supplies
Zone B2 Local Centre
• To provide a range of retail, business, entertainment and community uses which serve the needs of people who live in, work in and visit the local area.• To encourage employment opportunities in accessible locations.• To maximise public transport patronage and encourage walking and cycling.• To ensure that residential development does not detract from the primary function of the centre being to provide for retail, business, entertainment and community uses.• To ensure that residential development does not preclude the provision of active uses at street level.• To provide for land uses of a higher order and density within the Local Centre Zone than are permitted within the Neighbourhood Centre Zone or the Mixed Use Zone.• To provide for residential development that contributes to the vitality of the local centre.
Nil
Any other development not specified in item 2 or 4
Agriculture; Airports; Airstrips; Biosolid waste applications; Bulky goods premises; Caravan parks; Cemeteries; Correctional centres; Crematoria; Dairies (pasture-based); Depots; Dual occupancies; Dwelling houses; Extractive industries; Farm buildings; Freight transport facilities; Hazardous storage establishments; Helipads; Heliports; Home occupations (sex services); Industrial retail outlets; Industries; Liquid fuel depots; Materials recycling or recovery centres; Mines; Offensive storage establishments; Restricted premises; Restriction facilities; Roadside stalls; Rural industries; Rural workers’ dwellings; Sawmill or log processing works; Sewage treatment works; Sex services premises; Stock and sale yards; Storage premises; Timber and building supplies; Transport depots; Truck depots; Vehicle body repair workshops; Warehouse or distribution centres; Waste disposal land fill operations; Waste management facilities; Wholesale supplies
Zone B4 Mixed Use
• To provide a mixture of compatible land uses.• To integrate suitable business, office, residential, retail and other development in accessible locations so as to maximise public transport patronage and encourage walking and cycling.• To encourage development that supports or complements the primary office and retail functions of the Neighbourhood Centre Zone and the Local Centre Zone.• To encourage development providing services to the surrounding community.• To permit development that adds to the vitality and diversity of commercial and retail centres while not prejudicing their principal function.
Nil
Any other development not specified in item 2 or 4
Agriculture; Airports; Airstrips; Biosolid waste applications; Bulky goods premises; Caravan parks; Correctional centres; Dairies (pasture-based); Depots; Dual occupancies; Dwelling houses; Extractive industries; Farm buildings; Freight transport facilities; Hazardous storage establishments; Helipads; Heliports; Home occupations (sex services); Industrial retail outlets; Industries; Liquid fuel depots; Materials recycling or recovery centres; Mines; Offensive storage establishments; Public administration buildings; Restricted premises; Restriction facilities; Roadside stalls; Rural industries; Rural workers’ dwellings; Sawmill or log processing works; Semi detached dwellings; Sex services premises; Stock and sale yards; Storage premises; Transport depots; Truck depots; Warehouse or distribution centres; Waste disposal land fill operations; Waste management facilities; Wholesale supplies
Zone B5 Business development
• To enable a mix of business and warehouse uses and specialised retail uses that require a large floor area, in locations that are close to, and that support the viability of, centres.• To provide for a wide range of employment generating development.• To provide for a mix of ancillary uses to support the primary function of providing employment generating development.• To maintain the economic strength of centres by limiting the retailing of food, clothing and convenience shopping.• To provide for a range of uses, including recreational uses and function centres, that complement other permissible employment generating land uses within the zone.
Nil
Light industries; Vehicle body repair workshops; Vehicle repair stations; Any other development not specified in item 2 or 4
Agriculture; Airports; Airstrips; Amusement centres; Attached dwellings; Biosolid waste applications; Boarding houses; Caravan parks; Correctional centres; Dairies (pasture-based); Depots; Dual occupancies; Dwelling houses; Extractive industries; Farm buildings; Freight transport facilities; Group homes; Hazardous storage establishments; Helipads; Heliports; Home occupations (sex services); Hostels; Industries; Liquid fuel depots; Materials recycling or recovery centres; Mines; Multi dwelling housing; Offensive storage establishments; Office premises; Residential flat buildings; Restricted premises; Restriction facilities; Roadside stalls; Rural industries; Rural workers’ dwellings; Sawmill or log processing works; Semi detached dwellings; Seniors housing; Sex services premises; Shop top housing; Stock and sale yards; Tourist and visitor accommodation (other than hotel or motel accommodation); Transport depots; Truck depots; Warehouse or distribution centres; Waste disposal land fill operations; Waste management facilities; Wholesale supplies
Zone IN1 General Industrial
• To provide a wide range of industrial and warehouse land uses.• To encourage employment opportunities and to support the viability of centres.• To minimise any adverse effect of industry on other land uses.• To enable development for the purpose of commercial offices only where it is associated with, and ancillary to, another permissible use on the same land.• To enable development for the purpose of retail premises only where it serves convenience needs, or where the goods or materials sold are of a type and nature consistent with construction and maintenance of buildings.
Nil
Any other development not otherwise specified in item 2 or 4
Agriculture; Airports; Airstrips; Attached dwellings; Biosolid waste applications; Boarding houses; Bulky goods premises; Business premises; Caravan parks; Cemeteries; Community facilities; Correctional centres; Dairies (pasture-based); Dual occupancies; Dwelling houses; Educational establishments; Entertainment facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Function centres; Group homes; Hazardous industries; Hazardous storage establishments; Health consulting rooms; Heavy industries; Heliports; Home-based child care; Home businesses; Home industries; Home occupations; Home occupations (sex services); Hospitals; Hostels; Information and education facilities; Mines; Multi dwelling housing; Offensive industries; Offensive storage establishments; Office premises; Public administration buildings; Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Residential care facilities; Residential flat buildings; Restriction facilities; Retail premises (other than neighbourhood shops and take away food and drink premises); Roadside stalls; Rural industries; Rural workers’ dwellings; Sawmill or log processing works; Secondary dwellings; Semi detached dwellings; Seniors housing; Shop top housing; Stock and sale yards; Tourist and visitor accommodation; Waste disposal land fill operations
Zone SP2 Infrastructure
• To provide for infrastructure and related uses.• To prevent development that is not compatible with or that may detract from the provision of infrastructure.
Nil
The purpose shown on the Land Zoning Map, including any development that is ordinarily incidental or ancillary to development for that purpose; Drainage; Earthworks; Electricity generating works; Environmental protection works; Flood mitigation works; Roads; Telecommunications facilities; Temporary structures; Water recycling facilities; Waterbodies (artificial)
Any other development not specified in item 2 or 3
Zone RE1 Public Recreation
• To enable land to be used for public open space or recreational purposes.• To provide a range of recreational settings and activities and compatible land uses.• To protect and enhance the natural environment for recreational purposes.
Nil
Community facilities; Drainage; Earthworks; Electricity generating works; Environmental facilities; Environmental protection works; Flood mitigation works; Kiosks; Recreation areas; Recreation facilities (outdoor); Roads; Telecommunications facilities; Temporary structures; Utility installations; Water recycling facilities; Waterbodies
Any other development not specified in item 2 or 3
Zone RE2 Private Recreation
• To enable land to be used for private open space or recreational purposes.• To provide a range of recreational settings and activities and compatible land uses.• To protect and enhance the natural environment for recreational purposes.• To preserve and maintain the natural values of core riparian areas and to allow development where it can be demonstrated that the development will not destroy, damage or have any other adverse effect on those values.• To ensure that residential development does not have an adverse effect on those values.
Nil
Community facilities; Drainage; Earthworks; Electricity generating works; Environmental facilities; Environmental protection works; Flood mitigation works; Kiosks; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Roads; Telecommunications facilities; Temporary structures; Utility installations; Water recycling facilities; Waterbodies
Any other development not specified in item 2 or 3
Zone E2 Environmental Conservation
• To protect, manage and restore areas of high ecological, scientific, cultural or aesthetic values.• To prevent development that could destroy, damage or otherwise have an adverse effect on those values.
Nil
Drainage; Earthworks; Environmental facilities; Environmental protection works; Flood mitigation works; Recreation areas; Roads; Sewage reticulation systems; Water recycling facilities; Water supply systems; Waterbodies (natural)
Any development not specified in item 2 or 3
Zone E4 Environmental Living
• To provide for low-impact residential development in areas with special ecological, scientific or aesthetic values.• To ensure that residential development does not have an adverse effect on those values.• To preserve and maintain the natural values of core riparian areas and to allow development where it can be demonstrated that the development will not destroy, damage or have any other adverse effect on those values.• To ensure that flood prone land is used in a manner appropriate to its environmental characteristics.
Nil
Bed and breakfast accommodation; Drainage; Dwelling houses; Earthworks; Electricity generating works; Environmental facilities; Environmental protection works; Exhibition homes; Exhibition villages; Flood mitigation works; Group homes; Health consulting rooms; Home businesses; Home industries; Horticulture; Recreation areas; Recreation facilities (outdoor); Roads; Telecommunications facilities; Temporary structures; Water recreation structures; Water recycling facilities; Waterbodies (artificial)
Any other development not otherwise specified in item 2 or 3
Part 3 Exempt and complying development
(1) Development of minimal environmental impact listed in the Oran Park Precinct Development Control Plan or the Turner Road Precinct Development Control Plan is exempt development, despite any other provision of this Precinct Plan.(2) Development is exempt development only if it complies with the development standards and other requirements applied to the development by this Part and by the Oran Park Precinct Development Control Plan or the Turner Road Precinct Development Control Plan.
(1) Development listed in the Oran Park Precinct Development Control Plan or the Turner Road Precinct Development Control Plan is complying development if:(a) it is local development of a kind that can be carried out with consent on the land on which it is proposed, and(b) it is not an existing use, as defined in section 106 of the Act.(2) Development is complying development only if it complies with the development standards and other requirements applied to the development by this Part and by the Oran Park Precinct Development Control Plan or the Turner Road Precinct Development Control Plan.(3) A complying development certificate issued for any complying development is to be subject to the conditions for the development specified in the Oran Park Precinct Development Control Plan or the Turner Road Precinct Development Control Plan.
3.3 Environmentally sensitive areas excluded
(1) Exempt or complying development must not be carried out on any environmentally sensitive area for exempt or complying development.(2) For the purposes of this clause:environmentally sensitive area for exempt or complying development means any of the following:
(a) the coastal waters of the State,(b) a coastal lake,(c) land to which State Environmental Planning Policy No 14—Coastal Wetlands or State Environmental Planning Policy No 26—Littoral Rainforests applies,(d) land reserved as an aquatic reserve under the Fisheries Management Act 1994 or as a marine park under the Marine Parks Act 1997,(e) land within a wetland of international significance declared under the Ramsar Convention on Wetlands or within a World heritage area declared under the World Heritage Convention,(f) land within 100 metres of land to which paragraph (c), (d) or (e) applies,(g) land identified in this or any other environmental planning instrument as being of high Aboriginal cultural significance or high biodiversity significance,(h) land reserved as a state conservation area under the National Parks and Wildlife Act 1974,(i) land reserved or dedicated under the Crown Lands Act 1989 for the preservation of flora, fauna, geological formations or for other environmental protection purposes,(j) land identified as being critical habitat under the Threatened Species Conservation Act 1995 or Part 7A of the Fisheries Management Act 1994,(k) land within the curtilage of a heritage item:(i) that is subject to an interim heritage order under the Heritage Act 1977 or that is listed on the State Heritage Register under that Act, or(ii) that is identified as such an item in an environmental planning instrument.
Part 4 Principal development standards
4.1 Minimum subdivision lot size
(1) The objectives of this clause are as follows:(a) to ensure that the minimum size for lots is sufficient for the provision of usable areas for building and open space,(b) to facilitate and encourage a range of residential lot types, in particular, small lot housing,(c) to encourage the efficient use of land for residential purposes.(2) This clause applies to a subdivision of any land shown on the Lot Size Map that requires development consent and that is carried out after the commencement of this Precinct Plan.(3) The size of any lot resulting from any such subdivision of land to which this clause applies is not to be less than the minimum size shown on the Lot Size Map in relation to that land.(4) This clause does not apply in relation to the subdivision of individual lots in a strata plan.
4.1A Minimum lot sizes for other development
(1) Development must not be carried out on a lot within Zone R1 General Residential, Zone R3 Medium Density Residential, Zone B1 Neighbourhood Centre, Zone B2 Local Centre or Zone B4 Mixed Use for any of the following purposes if the area of the lot is less than the area specified below in relation to those purposes:(a) dwelling house—250m2,(b) dual occupancy—600m2,(c) attached dwelling—125m2,(d) residential flat building—1,000m2.(2) Development must not be carried out on a lot within Zone E4 Environmental Living for the purposes of a dwelling house if the area of the lot is less than 1,000m2.(3) Development for the purposes of multi dwelling housing must not be carried out on a lot in the following zones if the area provided for each dwelling is less than 125m2:(a) Zone R1 General Residential,(b) Zone R3 Medium Density Residential,(c) Zone B1 Neighbourhood Centre,(d) Zone B2 Local Centre,(e) Zone B4 Mixed Use.
4.1B Residential density—Oran Park Precinct
(1) The objective of this clause is to make provision with respect to the delivery of 7,540 new dwellings in the Oran Park Precinct.(2) Development consent must not be granted to the subdivision of land intended to be used for residential purposes within the Oran Park Precinct unless the consent authority is satisfied that:(a) a development control plan has been prepared providing for not less than 7,540 new dwellings within the Precinct and containing provisions to encourage a mix of dwelling types to be provided, and(b) the granting of consent would not preclude or impede that number of dwellings within the Precinct.
4.1C Residential density—Turner Road Precinct
(1) The objective of this clause is to make provision with respect to the delivery of 4,020 new dwellings in the Turner Road Precinct.(2) Development consent must not be granted to the subdivision of land intended to be used for residential purposes within the Turner Road Precinct unless the consent authority is satisfied that:(a) a development control plan has been prepared providing for not less than 4,020 new dwellings within the Precinct and containing provisions to encourage a mix of dwelling types to be provided, and(b) the granting of consent would not preclude or impede that number of dwellings within the Precinct.
4.1E Shops—Turner Road Precinct
(1) The total area used for shops on all land within Zone B5 Business Development in the Turner Road Precinct must not exceed 2,500m2.(2) The total area used for shops in a particular development for that purpose on land within Zone B5 Business Development in the Turner Road Precinct must not exceed 500m2.
(1) The objectives of this clause are as follows:(a) to preserve the amenity of adjoining development in terms of solar access to dwellings, private open space and bulk and scale,(b) to provide for a range of residential building heights in appropriate locations that provide a high quality urban form,(c) to facilitate higher density neighbourhood and town centres while minimising impacts on adjacent residential areas,(d) to provide appropriate height controls for commercial and industrial development.(2) Except as provided by this clause, the height of a building on any land is not to exceed the maximum height shown for the land on the Height of Buildings Map.(3) If the Height of Buildings Map specifies, in relation to any land shown on that map, a Reduced Level for any building on that land, any such building is not to exceed that specified Reduced Level.(4) The consent authority may grant development consent for development for the purpose of attached housing, a dwelling house, dual occupancy, multi dwelling housing or a semi-detached dwelling on land within Zone R1 General Residential or Zone R3 Medium Density Residential, or a dwelling house within Zone E4 Environmental Living, that exceeds 9.5m in height above finished ground level, if the consent authority is satisfied that the development:(a) is located:(i) on a prominent street corner, or(ii) adjacent to a neighbourhood or local centre or public open space, or(iii) on land with a finished ground level slope equal to or more than 15%, and(b) is not likely to have an adverse impact on the existing or future amenity of any adjoining land on which residential development is permitted, having regard to over shadowing, visual impact and any impact on privacy.(5) The consent authority may grant development consent for development on land within Zone B5 Business Development or Zone IN1 General Industrial, that does not exceed 15 metres in height above finished ground level, if the land has frontage to Badgally Road, Camden Valley Way, the Northern Road or East West Road (as shown in the Oran Park Precinct Development Control Plan or the Turner Road Precinct Development Control Plan), or to land within Zone RE1 Public Recreation or Zone RE2 Private Recreation.
4.6 Exceptions to development standards
(1) The objectives of this clause are:(a) to provide an appropriate degree of flexibility in applying certain development standards to particular development, and(b) to achieve better outcomes for and from development by allowing flexibility in particular circumstances.(2) Consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this clause does not apply to a development standard that is expressly excluded from the operation of this clause.(3) Consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating:(a) that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and(b) that there are sufficient environmental planning grounds to justify contravening the development standard.(4) Consent must not be granted for development that contravenes a development standard unless:(a) the consent authority is satisfied that:(i) the applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3), and(ii) the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out, and(b) the concurrence of the Director-General has been obtained.(5) In deciding whether to grant concurrence, the Director-General must consider:(a) whether contravention of the development standard raises any matter of significance for State or regional environmental planning, and(b) the public benefit of maintaining the development standard, and(c) any other matters required to be taken into consideration by the Director-General before granting concurrence.(6) Consent must not be granted under this clause for a subdivision of land within Zone E4 Environmental Living if:(a) the subdivision will result in 2 or more lots of less than the minimum area specified for such lots by a development standard, or(b) the subdivision will result in at least one lot that is less than 90% of the minimum area specified for such a lot by a development standard.(7) After determining a development application made pursuant to this clause, the consent authority must keep a record of its assessment of the factors required to be addressed in the applicant’s written request referred to in subclause (3).(8) This clause does not allow consent to be granted for development that would contravene any of the following:(a) a development standard for complying development,(b) a development standard that arises, under the regulations under the Act, in connection with a commitment set out in a BASIX certificate for a building to which State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 applies or for the land on which such a building is situated listed in the table to this clause,(c) a development standard listed in the table to this clause.Note. At the time this Precinct Plan was made, no exclusions were listed in a table to this clause.
Part 5 Miscellaneous provisions
5.1 Relevant acquisition authority
(1) The objective of this clause is to identify, for the purposes of section 27 of the Act, the authority of the State that will be the relevant authority to acquire land reserved for certain public purposes if the land is required to be acquired under Division 3 of Part 2 of the Land Acquisition (Just Terms Compensation) Act 1991 (the owner-initiated acquisition provisions).Note. If the landholder will suffer hardship if there is any delay in the land being acquired by the relevant authority, section 23 of the Land Acquisition (Just Terms Compensation) Act 1991 requires the authority to acquire the land.(2) The authority of the State that will be the relevant authority to acquire land, if the land is required to be acquired under the owner-initiated acquisition provisions, is the authority of the State specified below in relation to the land shown on the Land Reservation Acquisition Map (or, if an authority of the State is not specified in relation to land required to be so acquired, the authority designated or determined under those provisions).
Type of land shown on Map
Authority of the State
Local open space
Council
(3) Development on land acquired by an authority of the State under the owner-initiated acquisition provisions may, before it is used for the purpose for which it is reserved, be carried out, with development consent, for any purpose.
5.2 Classification and reclassification of public land
(1) The objective of this clause is to enable the Council to classify or reclassify public land as “operational land” or “community land” in accordance with Part 2 of Chapter 6 of the Local Government Act 1993.Note. Under the Local Government Act 1993, “public land” is generally land vested in or under the control of a council (other than roads, Crown reserves and commons). The classification or reclassification of public land may also be made by a resolution of the Council under section 31, 32 or 33 of the Local Government Act 1993. Section 30 of that Act enables this Precinct Plan to discharge trusts on which public reserves are held if the land is reclassified under this Precinct Plan as operational land.(2) The public land described in Part 1 or Part 2 of Schedule 4 is classified, or reclassified, as operational land for the purposes of the Local Government Act 1993.(3) The public land described in Part 3 of Schedule 4 is classified, or reclassified, as community land for the purposes of the Local Government Act 1993.(4) The public land described in Part 1 of Schedule 4:(a) does not cease to be a public reserve to the extent (if any) that it is a public reserve, and(b) continues to be affected by any trusts, estates, interests, dedications, conditions, restrictions or covenants that affected the land before its classification, or reclassification, as operational land.(5) The public land described in Part 2 of Schedule 4, to the extent (if any) that it is a public reserve, ceases to be a public reserve when the description of the land is inserted into that Part and is discharged from all trusts, estates, interests, dedications, conditions, restrictions and covenants affecting the land or any part of the land, except:(a) those (if any) specified for the land in Column 3 of Part 2 of Schedule 4, and(b) any reservations that except land out of the Crown grant relating to the land, and(c) reservations of minerals (within the meaning of the Crown Lands Act 1989).Note. In accordance with section 30 (2) of the Local Government Act 1993, the approval of the Governor to subclause (5) applying to the public land concerned is required before the description of the land is inserted in Part 2 of Schedule 4.
5.3 Development near zone boundaries
(1) The objective of this clause is to provide flexibility where the investigation of a site and its surroundings reveals that a use allowed on the other side of a zone boundary would enable a more logical and appropriate development of the site and be compatible with the planning objectives and land uses for the adjoining zone.(2) This clause applies to so much of any land that is within the relevant distance of a boundary between any 2 zones. The relevant distance is 50 metres.(3) This clause does not apply to:(a) land zoned RE1 Public Recreation, E2 Environmental Conservation or E4 Environmental Living, or(b) land within the coastal zone, or(c) land proposed to be developed for the purpose of sex services or restricted premises.(4) Despite the provisions of this Precinct Plan relating to the purposes for which development may be carried out, consent may be granted to development of land to which this clause applies for any purpose that may be carried out in the adjoining zone, but only if the consent authority is satisfied that:(a) the development is not inconsistent with the objectives for development in both zones, and(b) the carrying out of the development is desirable due to compatible land use planning, infrastructure capacity and other planning principles relating to the efficient and timely development of land.(5) The clause does not prescribe a development standard that may be varied under this Precinct Plan.
5.4 Controls relating to miscellaneous permissible uses
(1) If development for the purposes of bed and breakfast accommodation is permitted under this Precinct Plan, the accommodation that is provided to guests must consist of no more than 3 bedrooms.(2) If development for the purposes of a home business is permitted under this Precinct Plan, the carrying out of the business must not involve the use of more than 50m2 of floor space.(3) If development for the purposes of a home industry is permitted under this Precinct Plan, the carrying out of the business must not involve the use of more than 50m2 of floor space.(4) If development for the purposes of an industrial retail outlet is permitted under this Precinct Plan, the gross floor area of the outlet must not exceed:(a) 40 per cent of the combined gross floor area of the outlet or place and the building or place on which the industry is carried out, or(b) 400m2,whichever is the lesser.(5) If development for the purposes of farm stay accommodation is permitted under this Precinct Plan, the accommodation that is provided to guests must consist of no more than 3 bedrooms.(6) If development for the purposes of a kiosk is permitted under this Precinct Plan, the gross floor area must not exceed 20m2.(7) If development for the purposes of a neighbourhood shop is permitted under this Precinct Plan, the retail floor area must not exceed 80m2.(8) If development for the purposes of a roadside stall is permitted under this Precinct Plan, the gross floor area must not exceed 20m2.
(1) This clause applies to a fire alarm system that can be monitored by New South Wales Fire Brigades or by a private service provider.(2) The following development may be carried out, but only with consent:(a) converting a fire alarm system from connection with the alarm monitoring system of New South Wales Fire Brigades to connection with the alarm monitoring system of a private service provider,(b) converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with the alarm monitoring system of another private service provider,(c) converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with a different alarm monitoring system of the same private service provider.(3) Development to which subclause (2) applies is complying development if it consists only of:(a) internal alterations to a building, or(b) internal alterations to a building together with the mounting of an antenna, and any support structure, on an external wall or roof of a building so as to occupy a space of not more than 450mm × 100mm × 100mm.(4) A complying development certificate for any such complying development is subject to a condition that any building work may only be carried out between 7.00 am and 6.00 pm on Monday to Friday and between 7.00 am and 5.00 pm on Saturday, and must not be carried out on a Sunday or a public holiday.(5) In this clause:private service provider means a person or body that has entered into an agreement that is in force with New South Wales Fire Brigades to monitor fire alarm systems.
5.9 Preservation of trees or vegetation
(1) The objective of this clause is to preserve the amenity of the area through the preservation of trees and other vegetation.(2) This clause applies to species or kinds of trees or other vegetation that are prescribed for the purposes of this clause by a development control plan made by the Director-General.Note. A development control plan may prescribe the trees or other vegetation to which this clause applies by reference to species, size, location or other manner.(3) The clause does not apply to native vegetation to which clause 23 of this State Environmental Planning Policy applies.(4) A person must not ringbark, cut down, top, lop, remove, injure or wilfully destroy any tree or other vegetation to which any such development control plan applies without the authority conferred by:(a) development consent, or(b) a permit granted by the Council.(5) The refusal by the Council to grant a permit to a person who has duly applied for the grant of the permit is taken for the purposes of the Act to be a refusal by the Council to grant consent for the carrying out of the activity for which a permit was sought.(6) This clause does not apply to a tree or other vegetation that the Council is satisfied is dying or dead and is not required as the habitat of native fauna.(7) This clause does not apply to a tree or other vegetation that the Council is satisfied is a risk to human life or property.(8) A permit under this clause cannot allow any ringbarking, cutting down, topping, lopping, removal, injuring or destruction of a tree or other vegetation:(a) that is or forms part of a heritage item, or(b) that is within a heritage conservation area.Note. As a consequence of this subclause, the activities concerned will require development consent. The heritage provisions of clause 5.10 will be applicable to any such consent.(9) This clause does not apply to or in respect of:(a) the clearing of native vegetation that is authorised by a development consent or property vegetation plan under the Native Vegetation Act 2003 or that is otherwise permitted under Division 2 or 3 of Part 3 of that Act, or(b) the clearing of vegetation on State protected land (within the meaning of clause 4 of Schedule 3 to the Native Vegetation Act 2003) that is authorised by a development consent under the provisions of the Native Vegetation Conservation Act 1997 as continued in force by that clause, or(c) trees or other vegetation within a State forest, or land reserved from sale as a timber or forest reserve under the Forestry Act 1916, or(d) action required or authorised to be done by or under the Electricity Supply Act 1995, the Sydney Water Act 1994, the Roads Act 1993 or the Surveying Act 2002, or(e) plants declared to be noxious weeds under the Noxious Weeds Act 1993.
Note. Heritage items, heritage conservation areas and archaeological sites (if any) are shown on the Heritage Map. The location and nature of any such item, area or site is also described in Schedule 5 to this Precinct Plan.(1) Objectives
The objectives of this clause are:(a) to conserve the environmental heritage of the Oran Park Precinct and the Turner Road Precinct, and(b) to conserve the heritage significance of heritage items and heritage conservation areas including associated fabric, settings and views, and(c) to conserve archaeological sites, and(d) to conserve places of Aboriginal heritage significance.(2) Requirement for consent
Development consent is required for any of the following:(a) demolishing or moving a heritage item or a building, work, relic or tree within a heritage conservation area,(b) altering a heritage item or a building, work, relic, tree or place within a heritage conservation area, including (in the case of a building) making changes to the detail, fabric, finish or appearance of its exterior,(c) altering a heritage item that is a building by making structural changes to its interior,(d) disturbing or excavating an archaeological site while knowing, or having reasonable cause to suspect, that the disturbance or excavation will or is likely to result in a relic being discovered, exposed, moved, damaged or destroyed,(e) disturbing or excavating a heritage conservation area that is a place of Aboriginal heritage significance,(f) erecting a building on land on which a heritage item is located or that is within a heritage conservation area,(g) subdividing land on which a heritage item is located or that is within a heritage conservation area.(3) When consent not required
However, consent under this clause is not required if:(a) the applicant has notified the consent authority of the proposed development and the consent authority has advised the applicant in writing before any work is carried out that it is satisfied that the proposed development:(i) is of a minor nature, or is for the maintenance of the heritage item, archaeological site, or a building, work, relic, tree or place within a heritage conservation area, and(ii) would not adversely affect the significance of the heritage item, archaeological site or heritage conservation area, or(b) the development is in a cemetery or burial ground and the proposed development:(i) is the creation of a new grave or monument, or excavation or disturbance of land for the purpose of conserving or repairing monuments or grave markers, and(ii) would not cause disturbance to human remains, relics, Aboriginal objects in the form of grave goods, or to a place of Aboriginal heritage significance, or(c) the development is limited to the removal of a tree or other vegetation that the Council is satisfied is a risk to human life or property, or(d) the development is exempt development.(3AA) Effect on heritage significance
The consent authority must, before granting consent under this clause, consider the effect of the proposed development on the heritage significance of the heritage item or heritage conservation area concerned. This subclause applies regardless of whether a heritage impact statement is prepared under subclause (4) or a heritage conservation management plan is submitted under subclause (5).Note. The website of the Heritage Branch of the Department of Planning has publications that provide guidance on assessing the impact of proposed development on the heritage significance of items (for example, Statements of Heritage Impact).(4) Heritage impact assessment
The consent authority may, before granting consent to any development on land:(a) on which a heritage item is situated, or(b) within a heritage conservation area, or(c) within the vicinity of land referred to in paragraph (a) or (b),require a heritage impact statement to be prepared that assesses the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item or heritage conservation area concerned.(5) Heritage conservation management plans
The consent authority may require, after considering the significance of a heritage item and the extent of change proposed to it, the submission of a heritage conservation management plan before granting consent under this clause.(6) Archaeological sites
The consent authority must, before granting consent under this clause to the carrying out of development on an archaeological site (other than land listed on the State Heritage Register under the Heritage Act 1977 or to which an interim heritage order applies), be satisfied that any necessary excavation permit required by the Heritage Act 1977 has been granted.(7) Places of Aboriginal heritage significance
The consent authority must, before granting consent under this clause to the carrying out of development in a place of Aboriginal heritage significance:(a) consider the effect of the proposed development on the heritage significance of the place and any Aboriginal object known or reasonably likely to be located at the place, and(b) notify the local Aboriginal communities (in such way as it thinks appropriate) about the application and take into consideration any response received within 21 days after the notice is sent, and(c) be satisfied that any necessary consent or permission under the National Parks and Wildlife Act 1974 has been granted.(8) (Repealed)(9) Conservation incentives
The consent authority may grant development consent to development for any purpose of a building that is a heritage item, or of the land on which such a building is erected, even though development for that purpose would otherwise not be allowed by this Precinct Plan if the consent authority is satisfied that:(a) the conservation of the heritage item is facilitated by the granting of consent, and(b) the proposed development is in accordance with a heritage conservation management plan that has been approved by the consent authority, and(c) the consent to the proposed development would require that all necessary conservation work identified in the heritage conservation management plan is carried out, and(d) the proposed development would not adversely affect the heritage significance of the heritage item, including its setting, and(e) the proposed development would not have any significant adverse effect on the amenity of the surrounding area.
5.11 Bush fire hazard reduction
Bush fire hazard reduction work authorised by the Rural Fires Act 1997 may be carried out on any land without consent.Note. The Rural Fires Act 1997 also makes provision relating to the carrying out of development on bush fire prone land.
5.11A Development for group homes
(1) The objective of this clause is to facilitate the establishment of:(a) permanent group homes in which disabled persons or socially disadvantaged persons may live in an ordinary residential household environment instead of an institutional environment, and(b) transitional group homes that provide temporary accommodation for disabled persons or socially disadvantaged persons in an ordinary residential household environment instead of an institutional environment for such purposes as alcohol or drug rehabilitation and half-way rehabilitation for persons formerly living in institutions and refuges for men, women or young persons.(2) If development for the purpose of a dwelling house or a dwelling in a residential flat building may lawfully be carried out in accordance with this Precinct Plan, development for the purposes of a group home may, subject to this clause, be carried out.(3) Consent is required to carry out development for the purposes of a transitional group home.(4) Consent is required to carry out development for the purposes of a permanent group home that contains more than 5 bedrooms.(5) Consent is required to carry out development for the purposes of a permanent group home that contains 5 or less bedrooms and that is occupied by more residents (including any resident staff) than the number equal to the number calculated by multiplying the number of bedrooms in that home by 2.(6) Consent may not be refused under this clause unless an assessment has been made of the need for the group home concerned.(7) Nothing in this clause requires consent to be obtained by the Department of Housing (or by a person acting jointly with the Department of Housing) to carry out development for the purposes of a transitional group home.
5.12 Infrastructure development and use of existing buildings of the Crown
(1) This Precinct Plan does not restrict or prohibit, or enable the restriction or prohibition of, the carrying out of any development, by or on behalf of a public authority, that is permitted to be carried out with or without consent, or that is exempt development, under the State Environmental Planning Policy (Infrastructure) 2007.(2) This Precinct Plan does not restrict or prohibit, or enable the restriction or prohibition of, the use of existing buildings of the Crown by the Crown.
Part 6 Additional local provisions
6.1 Public utility infrastructure
(1) The consent authority must not grant development consent to development on land to which this Precinct Plan applies unless is it is satisfied that any public utility infrastructure that is essential for the proposed development is available or that adequate arrangements have been made to make that infrastructure available when required.(2) In this clause, public utility infrastructure includes infrastructure for any of the following:(a) the supply of water,(b) the supply of electricity,(c) the disposal and management of sewage.(3) This clause does not apply to development for the purpose of providing, extending, augmenting, maintaining or repairing any public utility infrastructure referred to in this clause.
Despite any other provision of this Precinct Plan, the consent authority may grant development consent to development for the purposes of a registered club associated with a golf club on land within the Turner Road Precinct that is, or is proposed to be, used for a golf course.
6.3 Environment protection works in Zones RE1 Public Recreation and RE2 Private Recreation
Despite any other provision of this Precinct Plan, development for the purposes of environment protection works may be carried out without development consent on land within Zone RE1 Public Recreation or RE2 Private Recreation if the development is consistent with the Oran Park and Turner Road Waterfront Land Strategy 2009, published in the Gazette on 17 July 2009.
Despite any other provision of this Precinct Plan, the consent authority must not grant development consent for the purposes of a dual occupancy on a lot of land that is less than the minimum size specified on the Lot Size Map unless:(a) the dual occupancy comprises one dwelling located substantially above the other dwelling, or(b) one of the dwellings has a floor area that does not exceed 60m2 and is located above a garage, carport or similar structure for the principal dwelling.
(1) Despite any other provision of this Precinct Plan, the consent authority must not grant development consent for the purposes of sex services premises if the premises are to be located on land that adjoins, or that is separated by a road only, from land:(a) used for the purposes of residential accommodation or community, school or church uses, or(b) within Zone RE1 Public Recreation or Zone RE2 Private Recreation.(2) The consent authority must, in deciding whether to grant development consent to development for the purposes of sex services premises, take into account the impact the proposed development would have on any place that adjoins or is within view of the proposed development and is regularly used by children for educational, recreational or cultural activities.
6.6 Development in special areas
(1) This clause applies to land shown as being in a special area on the Special Areas Map.(2) The consent authority must not grant development consent for development on land in a special area unless a development control plan that provides for detailed development controls has been prepared for the land.(3) Without limiting subclause (2), the development control plan is to provide for the following:(a) an overall transport movement hierarchy showing the major circulation routes and connections to achieve a simple and safe movement system for private vehicles, public transport, pedestrians and cyclists,(b) a strategy for the protection and enhancement of riparian areas and detailed landscaping requirements for public and private domain,(c) a network of passive and recreational areas,(d) stormwater and water quality management controls,(e) detailed urban design controls.(4) Subclause (2) does not apply for the following development:(a) a subdivision of land that does not further fragment the land,(b) a subdivision of land for the purpose only of defining the boundary of a special area, retaining a riparian protection area in one lot or for dedicating land for environmental protection purposes,(c) a subdivision of land that only provides for a public purpose, including a public road or open space,(d) a subdivision of land that is not for the purpose of enabling the construction of structures,(e) development on land that is a riparian protection area owned by a public authority,(f) development the consent authority is satisfied is minor or will not affect future development outcomes, including the remediation of land, for special areas.(5) In this clause:remediation of land includes environmental protection works and the remediation of contaminated land.
riparian protection area means a riparian protection area shown on the Riparian Protection Area Map.
Schedule 1 Additional permitted uses
(Clause 2.5)
1 Use of particular land adjacent to Oran Park Town Centre
(1) This clause applies to land in Zone R3 Medium Density Residential adjacent to Oran Park Town Centre and shown hatched red on Sheet LZN 004 of the Land Zoning Map.(2) Development that is dwelling houses or exhibition homes is permitted with consent.
Schedule 4 Classification and reclassification of public land
(Clause 5.2)
Part 1 Land classified, or reclassified, as operational land—no interests changed
Column 1 | Column 2 |
Locality | Description |
Part 2 Land classified, or reclassified, as operational land—interests changed
Column 1 | Column 2 | Column 3 |
Locality | Description | Any trusts etc not discharged |
Part 3 Land classified, or reclassified, as community land
Column 1 | Column 2 |
Locality | Description |
Schedule 5 Environmental heritage
(Clause 5.10)
Heritage items
Precinct | Item name | Address | Significance |
Oran Park | Denbigh (including homestead, grounds and gardens, slab outbuildings, coach house, stable, dairy and sheds) | 421 The Northern Road, Bringelly | State |