The consent authority must not consent to development in Zone No 2 (a), 2 (b), 2 (c), 3 (a), 3 (b), 4 (a), 4 (b), 4 (c) or 4 (d) if it considers that the development will prevent the surrounding lots from being developed in accordance with this plan.
(1) Despite any other provision of this plan, development may be carried out, but only with development consent, on land specified in Column 1 of Schedule 6 for the purpose of a building, work, place or land use specified in Column 2 of that Schedule in relation to that land, subject to conditions (if any) specified in Column 3 of that Schedule.(2) Despite any other provision of this plan, development may be carried out, but only with development consent, on land within Zone No 3 (a), 3 (b), 4 (a), 4 (b), 4 (c), 4 (d), 4 (e) 6 (a) or 6 (b) for the purpose of any building, work, place or land use that is not defined for the purposes of this plan if:(a) the consent authority is satisfied that, due to its type, function and scale, and the nature of the environment in which it is proposed to be located, the proposed development will be consistent with the objectives of the zone in which it is proposed to be carried out, and(b) the consent authority is satisfied that the proposed development will not cause interference with the amenity of the neighbourhood because of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil or otherwise, and(c) the proposed development does not involve handling, storing or using hazardous chemicals or materials otherwise than on a domestic scale, and does not involve the manufacture or processing of any hazardous chemicals or materials or any pollutants, and(d) the proposed development will not contravene any condition of a development consent already applying to the land, and(e) it is not to be carried out on the site of a heritage item or within a building that is within a heritage group, and(f) it is not to be carried out on a site that has previously been used as a service station or for mining or extractive industry, for waste storage or waste treatment or for the manufacture of chemicals, asbestos or asbestos products, unless a notice of completion of remediation work for the proposed use has been given to the Council in accordance with State Environmental Planning Policy No 55—Remediation of Land.(3) If the Council is the consent authority for an application made for consent to development allowed by subclause (2), the Council:(a) must give notice of the application to the Director when it is lodged, and(b) must not grant the application until either 28 days has expired after the notice is received by the Director or the Director has sooner given the Council notice that the Director is satisfied that the Council is the appropriate consent authority.
50 Community use of educational establishments and places of public worship
The consent authority may grant consent to community use of land and facilities of educational establishments and places of public worship as well as the commercial operation of those facilities and sites where it is satisfied that there will be no adverse impact on the surrounding area in terms of:(a) its design, height and siting, and(b) its operation, and(c) traffic generation and car parking, and(d) noise, light, dust and odour nuisance, and(e) privacy, and(f) stormwater drainage, and(g) hours of operation, and(h) overshadowing.
Any development on contaminated land may be carried out only with development consent, subject to the Contaminated Land Management Act 1997 and State Environmental Planning Policy No 55—Remediation of Land.
52 Development adjoining an arterial road or a railway line
Consent must not be granted for development adjoining an arterial road or a railway line unless the consent authority is satisfied that appropriate noise attenuation measures are to be employed.
53 Development on public roads
Any development may be carried out on land shown uncoloured on the map but only with the consent of the consent authority.
The consent authority must not grant consent to the erection of a building or the carrying out of works on land to which this plan applies if, in the opinion of the consent authority:(a) the land is within a floodway, and(b) the carrying out of the proposed development is likely to have the following consequences:(i) adversely impede the flow of floodwaters on the land or land in its immediate vicinity,(ii) imperil the safety of persons on that land or land in its immediate vicinity in the event of the land being inundated with flood waters,(iii) aggravate the consequences of floodwaters flowing on that land or land in its immediate vicinity with regard to erosion or siltation,(iv) adversely affect the water table of land in its immediate vicinity.
(1) The Council may, by resolution, fix a foreshore building line in respect of any land fronting Parramatta River, Duck River or Haslams Creek.(2) A foreshore building line, when fixed by the Council, is to be marked on a plan or clearly described in the resolution and such plan and resolution is to be available for inspection by the public, without charge, during the office hours of the Council.(3) The Council may alter or abolish any foreshore building line for a particular site where the levels, depth or other exceptional features of the site make it expedient to do so.(4) Except as provided by subclause (5), the consent authority must not consent to development for the purpose of a building, car parking area or vehicular manoeuvring area between the foreshore building line and adjacent tidal waters.(5) The consent authority may consent to development for the purpose of the following on land between the foreshore building line and adjacent tidal waters:(a) marinas,(b) wharves,(c) jetties,(d) haul-out structures,(e) boat ramps,(f) works associated with park and playground equipment,(g) bicycle tracks and footpaths.
Consent for the placing of landfill may be granted only if the consent authority is satisfied that:(a) the landfill is required for the reasonable economic use of the land on which it takes place or for the provision of utility services, and(b) there would be no adverse impact on:(i) a water body, or(ii) private or public property, or(iii) groundwater quality and resources, or(iv) stormwater drainage, or(v) flooding.
57 Classification and reclassification of public land as operational land
(1) The public land described in Schedule 4 is classified, or reclassified, as operational land for the purposes of the Local Government Act 1993, subject to this clause.(2) Land described in Part 1 of Schedule 4:(a) to the extent (if any) that the land is a public reserve, does not cease to be a public reserve, and(b) continues to be affected by any trusts, estates, interests, dedications, conditions, restrictions or covenants by which it was affected before its classification, or reclassification, as the case requires, as operational land.(3) Land described in Columns 1 and 2 of Part 2 of Schedule 4, to the extent (if any) that it is a public reserve, ceases to be a public reserve on the commencement of the relevant amending plan and, by the operation of that plan, is discharged from all trusts, estates, interests, dedications, conditions, restrictions and covenants affecting the land or any part of the land except those specified opposite the land in Column 3 of Part 2 of Schedule 4.(4) In this clause, the relevant amending plan, in relation to land described in Part 2 of Schedule 4, means the local environmental plan that inserted the description of the land into that Part.(5) Before the relevant amending plan inserted the description of land into Part 2 of Schedule 4, the Governor approved of subclause (3) applying to the land.
58 Development by public authorities
(1) Nothing in this plan is to be construed as restricting or prohibiting, or enabling the consent authority to restrict or prohibit, the carrying out of an activity of any description specified in Schedule 3 by a public authority or a corporation that was a public authority but has been privatised.(2) Nothing in this plan is to be construed as removing the requirement of determining authorities to consider the impact on the environment of an activity in accordance with Part 5 of the Environmental Planning and Assessment Act 1979.
The consent authority may decline to grant consent to the carrying out of any development on land unless:(a) a water supply, and facilities for sewage disposal and drainage, are available to that land, or(b) arrangements satisfactory to the consent authority and to Sydney Water, as the case requires, have been made or are required to be made for the provision of that supply and those facilities.
60 Suspension of covenants, agreements and instruments
(1) For the purpose of enabling development to be carried out in accordance with this plan (as in force at the time the development is carried out) or in accordance with a consent granted under the Act, the operation of any covenant, agreement or similar instrument that purports to impose restrictions on the carrying out of development on the land to which this plan applies, to the extent necessary to serve that purpose, does not apply to any such development.(2) Nothing in subclause (1) affects the rights or interests of any public authority under any registered instrument.(3) Pursuant to section 28 of the Act, before the making of this clause the Governor approved of subclauses (1) and (2).
Despite any other provision of this plan, the consent authority may grant development consent to the carrying out of development (other than designated or State significant development) for any purpose for a maximum period of 28 days, whether consecutive or non-consecutive, in any one year, but only if:(a) it would not generate an excessive demand for public services, and(b) it would be compatible with the character and amenity of nearby development in terms of:(i) its design, height and siting, and(ii) its operation, and(iii) traffic generation and car parking, and(iv) noise, light, dust, and odour nuisance, and(v) privacy, and(vi) stormwater drainage, and(vii) hours of operation, and(viii) overshadowing, and(c) it would not be inconsistent with any current consent applying to the land.
A tree preservation order made in relation to land to which this plan applies, and in force immediately before the appointed day, is taken to be a tree preservation order made by the Council under clause 8 of the Environmental Planning and Assessment Model Provisions 1980 and may be rescinded or varied in accordance with that clause.
The following provisions of the Environmental Planning and Assessment Model Provisions 1980 are adopted for the purposes of this plan:(a) the definitions of boarding-house, extractive industry, helipad, heliport, institution and mine in clause 4 (1),(b) clause 8 (Preservation of trees).
(1) The consent authority must not grant consent for development of the whole or any part of a parcel of land described in Part 1 of Schedule 7 unless the consent authority is satisfied that the proposed development will form part of staged development in which:(a) the first stage, to the greatest extent practicable, has regard to all of the matters required by Part 2 of Schedule 7 to be taken into account in staged development proposals and such additional matters as the consent authority may require in relation to the parcel, and(b) each subsequent stage has regard to the first stage.(2) Subclause (1) does not apply if:(a) the development concerned is for the purpose of landscaping, servicing, remediation or demolition, or(b) the development is, in the opinion of the consent authority, of a minor nature, or(c) in the opinion of the consent authority, consent has been granted for all development of the parcel that will be carried out as staged development.(3) Consent must not be granted to staged development of the parcel of land identified in Part 1 of Schedule 7 as the Lidcombe Hospital Site unless the total number of dwellings to be erected on the land does not exceed the number calculated in accordance with the following formula:
For the purposes of this subclause:
Area MP means the area in square metres of the site which is the subject of the staged development proposal.
Area R means the area in square metres of the land to be used as roadways.
Area POS means the area in square metres of the land to be used as public open space.
(4) Consent must not be granted to the first stage of a staged development of the parcel of land identified in Part 1 of Schedule 7 as the Royal Australian Air Force (RAAF) Site unless the consent:(a) applies to the whole of the Site, or(b) applies to:(i) all the land zoned 2 (b) Residential (Medium Density) within the Site, or(ii) all the land zoned 4 (a) General Industrial within the Site,and the staged development application makes provision, to the satisfaction of the consent authority, for vehicular and pedestrian access to the remainder of that Site.
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