Division 3 Educational establishments

27   Definitions

In this Division:

educational establishment has the same meaning as it has in the Standard Instrument.

Note. 

The term educational establishment is defined by the Standard Instrument as follows:

educational establishment means a building or place used for education (including teaching), being:

(a)  a school, or

(b)  a tertiary institution, including a university or a TAFE establishment, that provides formal education and is constituted by or under an Act.

prescribed zone means any of the following land use zones or a land use zone that is equivalent to any of those zones:

(a)  RU2 Rural Landscape,

(b)  RU4 Rural Small Holdings,

(c)  RU5 Village,

(d)  RU6 Transition,

(e)  R1 General Residential,

(f)  R2 Low Density Residential,

(g)  R3 Medium Density Residential,

(h)  R4 High Density Residential,

(i)  R5 Large Lot Residential,

(j)  B1 Neighbourhood Centre,

(k)  B2 Local Centre,

(l)  B3 Commercial Core,

(m)  B4 Mixed Use,

(n)  B5 Business Development,

(o)  B6 Enterprise Corridor,

(p)  B7 Business Park,

(p1)  B8 Metropolitan Centre,

(q)  SP1 Special Activities,

(r)  SP2 Infrastructure,

(s)  E4 Environmental Living.

school has the same meaning as it has in the Standard Instrument.

Note. The term school is defined by the Standard Instrument as follows:

school means a government school or non-government school within the meaning of the Education Act 1990.

TAFE establishment has the same meaning as it does in the Technical and Further Education Commission Act 1990.

28   Development permitted with consent

(1)  Development for the purpose of educational establishments may be carried out by any person with consent on land in a prescribed zone.

(1A), (1B)  (Repealed)

(1C)  Development for a purpose specified in clause 31A (1) may be carried out by any person with consent on land on which there is an existing school or TAFE establishment.

(2)  Development for any of the following purposes may be carried out by any person with consent on any of the following land:

(a)  development for the purpose of educational establishments—on land on which there is an existing educational establishment,

(b)  development for the purpose of the expansion of existing educational establishments—on land adjacent to the existing educational establishment.

(3)  An educational establishment (including any part of its site and any of its facilities) may be used, with consent, for any community purpose, whether or not it is a commercial use of the establishment.

(4)  Subclause (3) does not require consent to carry out development on land if that development could, but for this Policy, be carried out on that land without consent.

29   Development permitted without consent

(1)  Development for any of the following purposes may be carried out by or on behalf of a public authority without consent on land in a prescribed zone if the development is in connection with an existing educational establishment:

(a)  construction, operation or maintenance, more than 5m from any property boundary, of:

(i)  a library or an administration building that is not more than one storey high, or

(ii)  a portable classroom that is not more than one storey high, or

(iii)  a permanent classroom that is not more than one storey high to replace an existing portable classroom and that is used for substantially the same purpose as the portable classroom, or

(iv)  a tuckshop, cafeteria or bookshop to provide for students and staff that is not more than one storey high, or

(v)  a sporting field, tennis court, basketball court or any other type of court used for sport, and associated awnings or canopies, if the development does not involve clearing of more than 2 hectares of native vegetation, or

(vi)  a car park that is not more than one storey high, or

(vii)  a toilet block, or

(viii)  if the development is on bush fire prone land or if the educational establishment is, or contains, a heritage item—an outdoor learning or play area and associated awnings or canopies,

(b)  minor alterations or additions, such as:

(i)  internal fitouts, or

(ii)  alterations or additions to address occupational health and safety requirements or to provide access for people with a disability,

(c)  restoration, replacement or repair of damaged facilities,

(d)  demolition of buildings or structures,

(e)  environmental management works.

(2)  However, subclause (1) only applies to development that:

(a)  does not allow for an increase in:

(i)  the number of students at the educational establishment, or

(ii)  the number of staff employed at the establishment,

      that is greater than 10 per cent (compared with the average of each of those numbers for the 12 month period immediately prior to the commencement of the development), and

(b)  will not necessitate an alteration of transport or traffic arrangements.

(3)  Development for the purpose of a portable one storey classroom may be carried out by any person without consent on land on which a school is located, if the classroom is located more than 5m from any property boundary.

30   Notification of carrying out of certain development without consent

(1)  This clause applies to development to which clause 29 (1) (a) or (3) applies that is not a project to which Part 3A of the Act applies.

(2)  Before development to which this clause applies is carried out, the proponent of the development must:

(a)  give written notice of the intention to carry out the development to the council for the area in which the land is located (unless the proponent is that council) and to the occupiers of adjoining land, and

(b)  take into consideration any response to the notice that is received within 21 days after the notice is given.

31   Exempt development

(1)  Development for any of the following purposes is exempt development if it is in connection with an existing educational establishment and complies with clause 20:

(a)  an awning or canopy that is not within 5m of any property boundary,

(b)  the removal or lopping of a tree because the tree poses a risk to human health or safety or if the removal or lopping is in accordance with the State government publication School Facilities Standards—Landscape Standard—Version 22 (March 2002).

Note. A copy of the School Facilities Standards—Landscape Standard—Version 22 is available for inspection by the public free of charge at the head office of the Department of Planning—see clause 32.

(1A)  Clause 20 (2) (g) does not apply in relation to development carried out under subclause (1) (b).

(2)  Development for a purpose specified in Schedule 1 that is carried out by a person other than a public authority is exempt development if:

(a)  it is carried out on land within the boundaries of an existing educational establishment, and

(b)  it meets the development standards for the development specified in Schedule 1, and

(c)  it complies with clause 20.

Note. Clause 20A covers development carried out by or on behalf of a public authority.

31A   Complying development—existing schools and TAFE establishments

(1)  Development carried out by or on behalf of any person on land within the boundaries of an existing school or TAFE establishment is complying development if:

(a)  it consists of the construction of, or alterations or additions to, any of the following:

(i)  a library or an administration building,

(ii)  a gym, indoor sporting facility or hall,

(iii)  a classroom, lecture theatre, laboratory, trade or training facility,

(iv)  a tuckshop, cafeteria, bookshop or child care facility to provide for students or staff (or both),

(v)  a hall with an associated covered outdoor learning area or tuck shop,

(vi)  if the development is not on bush fire prone land or if the educational establishment is not, or does not contain, a heritage item—an outdoor learning or play area and associated awnings or canopies,

(vii)  a car park, and

(b)  it complies with this clause and clause 20B (General requirements for complying development).

(1A)  (Repealed)

(2)  Development carried out by or on behalf of any person on land within the boundaries of an existing school or TAFE establishment is complying development if:

(a)  it is an alteration or addition referred to in subclause (1) that is carried out for the purpose of a change of use to another use specified in that subclause, and

(b)  it complies with this clause and clause 20B (General requirements for complying development).

(3)  Clause 20B (2) (f) does not apply in relation to development carried out under this clause.

(4)  The following are the development standards for complying development under this clause:

(a)  Building height standard. The building height of a building must not exceed 12m.

(b)  Side and rear setback standard. A building must be located at least 5m from any side or rear boundary of the land.

(c)  Materials standard. Any new external walls or roof of a building must be constructed of non-reflective material.

(d)  Noise standard. A building to be used for the purpose of a gym, indoor sporting facility or hall that is located less than 20m from a common boundary with land zoned residential must be designed to meet the acoustic performance elements contained in item 11.05.e of the State government publication School Facilities Standards—Design Standard—Version 1/09/2006.

(e)  Overshadowing standard. A building must not overshadow any adjoining residential property so that:

(i)  solar access to any habitable room on the adjoining property is reduced to less than the minimum level (being 2 hours of solar access between 9 am and 3 pm at the winter solstice) or is reduced in any manner (if solar access to any habitable room on the adjoining property is already below the minimum level), or

(ii)  solar access to the principal private open space of the adjoining property is reduced to less than the minimum level (being 3 hours of solar access to not less than 50% of that principal private open space between 9 am and 3 pm at the winter solstice) or is reduced in any manner (if solar access to the principal private open space of the adjoining property is already below the minimum level).

31B   (Repealed)

31C   Complying development certificates—additional conditions

A complying development certificate for development that is complying development under this Division is subject to the following conditions (in addition to the conditions set out in clause 20C):

(a)  (Repealed)

(b)  any demolition work must be carried out in accordance with AS 2601—2001 The Demolition of Structures, published by Standards Australia on 13 September 2001,

(c)  (Repealed)

(d)  any removal or lopping of vegetation must be carried out in accordance with State government publication School Facilities Standards—Landscape Standard—Version 22 (March 2002),

(e)  development must be carried out in accordance with all relevant requirements of the Blue Book,

(f)  the person having the benefit of the complying development certificate must give at least 2 days’ notice in writing of the intention to commence the works to the owner or occupier of any dwelling that is situated within 20m of the lot on which the works will be carried out.

(g)–(i)  (Repealed)

32   Determination of development applications

(1)  (Repealed)

(2)  Before determining a development application for development for the purposes of a school, the consent authority must take into consideration all relevant standards in the following State government publications (as in force on the commencement of this Policy):

(a)  School Facilities Standards—Landscape Standard—Version 22 (March 2002),

(b)  Schools Facilities Standards—Design Standard (Version 1/09/2006),

(c)  Schools Facilities Standards—Specification Standard (Version 01/11/2008).

(3)  If there is an inconsistency between a standard referred to in subclause (2) and a provision of a development control plan, the standard prevails to the extent of the inconsistency.

(4)  Copies of the standards referred to in subclause (2) are available for inspection by the public at the head office of the Department of Planning and such other offices of the Department (if any) as the Director-General may determine.

(5)  If a development application has been made before the commencement of the amendment to this clause by State Environmental Planning Policy (Infrastructure) Amendment (Group Homes) 2009, and the application has not been finally determined before that commencement, the application must be determined as if that amendment had not been made.