State Environmental Planning Policy (Western Sydney Parklands) 2009
Part 2 Land uses and provisions applying to development
9 Land use zones
(1) Subclause (2) applies to land that before the commencement of this Policy was not in the Western Parklands and was zoned under a local environmental plan but that after the commencement of this Policy is in the Western Parklands.(2) From the commencement of this Policy the land is unzoned.Note.Land that before the commencement of this Policy was in the Western Parklands but after the commencement is no longer in the Western Parklands has been rezoned by amendment in Schedule 3 to the relevant local environmental plan.
11 Land uses
(1) The following development may be carried out on land in the Western Parklands without consent, but only if it is carried out by or on behalf of a public authority:amenity facilities; community facilities; depots; entertainment facilities; environmental facilities; environmental protection works; function centres; information and education facilities; kiosks; public administration buildings; recreation areas; recreation facilities (outdoor); restaurants or cafes; roads; signage (for directional, informative, or interpretative purposes); ticketing facilities.(1A) Development for the purposes of extensive agriculture, other than farm buildings, may be carried out on public land in the Western Parklands without consent unless the land is in an environmental conservation area as shown on the Environmental Conservation Areas Map.(2) Any development not specified in subclause (1) or (3), or permitted without consent by subclause (1A), may be carried out in the Western Parklands only with consent.(3) Development for the purposes of residential accommodation is prohibited in the Western Parklands.(4) In this clause:(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 or applying to this Policy) a reference to a type of building or other thing referred to separately in this clause.(5) This clause is subject to the other provisions of this Policy.
12 Matters to be considered by the consent authority—generally
In determining a development application for development on land in the Western Parklands, the consent authority must consider such of the following matters as are relevant to the development:(a) the aim of this Policy, as set out in clause 2,(b) the impact on drinking water catchments and associated infrastructure,(c) the impact on utility services and easements,(d) the impact of carrying out the development on environmental conservation areas and the natural environment, including endangered ecological communities,(e) the impact on the continuity of the Western Parklands as a corridor linking core habitat such as the endangered Cumberland Plain Woodland,(f) the impact on the Western Parkland’s linked north-south circulation and access network and whether the development will enable access to all parts of the Western Parklands that are available for recreational use,(g) the impact on the physical and visual continuity of the Western Parklands as a scenic break in the urban fabric of western Sydney,(h) the impact on public access to the Western Parklands,(i) consistency with:(i) any plan of management for the parklands, that includes the Western Parklands, prepared and adopted under Part 4 of the Western Sydney Parklands Act 2006, or(ii) any precinct plan for a precinct of the parklands, that includes the Western Parklands, prepared and adopted under that Part,(j) the impact on surrounding residential amenity,(k) the impact on significant views,(l) the effect on drainage patterns, ground water, flood patterns and wetland viability,(m) the impact on heritage items,(n) the impact on traffic and parking.
13 Bulk water supply infrastructure not to be impacted
Development consent must not be granted to any development on land in the Western Parklands unless the consent authority is satisfied that:(a) the development will have a neutral or beneficial impact on the quality of the water in the bulk water supply infrastructure shown on the Bulk Water Supply Infrastructure Map, and(b) the development will not impact on the integrity or security of the bulk water supply infrastructure, and(c) the development will not increase the risk of illegal access to the bulk water supply or security of the bulk water supply infrastructure, and(d) access to bulk water supply infrastructure for maintenance and operation activities by Water NSW and Sydney Water Corporation will not be impeded by the development.
14 Development in areas near nature reserves or environmental conservation areas
(1) This clause applies to development on land in the Western Parklands that is in, or adjoins:(a) a nature reserve (within the meaning of the National Parks and Wildlife Act 1974), or(b) an environmental conservation area shown on the Environmental Conservation Areas Map.(2) Development consent must not be granted to development on land to which this clause applies, unless the consent authority has considered the following:(a) whether the development is compatible with and does not detract from the values of the nature reserve or environmental conservation area,(b) any management plans applicable to the nature reserve or environmental conservation area,(c) whether the development has been designed and sited to minimise visual intrusion when viewed from vantage points in the nature reserve or environmental conservation area.
14A Flood planning
(1) The objectives of this clause are as follows:(a) to minimise the flood risk to life and property associated with the use of land,(b) to allow development on land that is compatible with the land’s flood hazard, taking into account projected changes as a result of climate change,(c) to avoid significant adverse impacts on flood behaviour and the environment.(2) This clause applies to land that is at or below the flood planning level.(3) Development consent must not be granted for development on land to which this clause applies unless the consent authority is satisfied that the development:(a) is compatible with the flood hazard of the land, and(b) is not likely to significantly adversely affect flood behaviour resulting in detrimental increases in the potential flood affectation of other development or properties, and(c) incorporates appropriate measures to manage risk to life from flood, and(d) is not likely to significantly adversely affect the environment or cause avoidable erosion, siltation, destruction of riparian vegetation or a reduction in the stability of river banks or watercourses, and(e) is not likely to result in unsustainable social and economic costs to the community as a consequence of flooding.(4) A word or expression used in this clause has the same meaning as it has in the Floodplain Development Manual (ISBN 0 7347 5476 0), published by the NSW Government in 2005, unless it is otherwise defined in this Policy.
15 Heritage conservation
Note.Heritage items are shown on the Heritage Map. The location and nature of such items is also described in Schedule 1.(1) Objectives The objectives of this clause are:(a) to conserve the environmental heritage of the Western Parklands, and(b) to conserve the heritage significance of heritage items in the Western Parklands including associated fabric, settings and views.(2) Requirement for consent Development consent is required for any of the following in the Western Parklands:(a) demolishing or moving a heritage item,(b) altering a heritage item,(c) altering a heritage item that is a building by making structural changes to its interior,(d) erecting a building on land on which a heritage item is located,(e) subdividing land on which a heritage item is located.(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, and(ii) would not adversely affect the significance of the heritage item, 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 or Aboriginal objects in the form of grave goods, or(c) the development is limited to the removal of a tree or other vegetation that the consent authority is satisfied is a risk to human life or property, or(d) the development is on land to which another State environmental planning policy applies and is exempt development under that other policy.(4) 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 concerned. This subclause applies regardless of whether a heritage impact statement is prepared under subclause (5) or a heritage conservation management plan is submitted under subclause (6).(5) Heritage impact assessment The consent authority may, before granting consent to any development on land in the Western Parklands:(a) on which a heritage item is situated, orrequire 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.(b) within the vicinity of land referred to in paragraph (a),(6) 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.(7) Conservation incentives The consent authority may grant 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 Policy, 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.
(1) This clause applies to signage that is visible from a public place.(2) Development consent must not be granted to the erection of signage unless:(a) the consent authority is satisfied that the signage is consistent with any signage policy prepared by the Trust, and(b) in the case of a road sign, the Roads and Traffic Authority has been given written notice of the development application and any comments received by the consent authority from the Roads and Traffic Authority within 21 days have been considered by the consent authority.(3) In this clause:road sign means a sign that has a display area greater than 20 square metres or that is higher than 8 metres above the ground and is within 250 metres of a classified road and any part of the signage is visible from the classified road.
17 Development on private land
Development consent must not be granted to development on private land in the Western Parklands unless the consent authority has considered the following:(a) whether the development will contribute to or impede the implementation of the aim of this Policy,(b) the need to carry out development on the land,(c) the imminence of acquisition of the land,(d) the effect of carrying out the development on acquisition costs,(e) the effect of carrying out the development on the natural systems of the Western Parklands,(f) the cost of restoring those systems after the development has been carried out.
17A Essential services
Development consent must not be granted to development unless the consent authority is satisfied that any of the following services that are essential for the proposed development are available or that adequate arrangements have been made to make them available when required:(a) the supply of water,(b) the supply of electricity,(c) the disposal and management of sewage,(d) stormwater drainage or on-site conservation,(e) suitable road access.
(1) The objectives of this clause are as follows:(a) to ensure that earthworks for which development consent is required will not have a detrimental impact on environmental functions and processes, neighbouring uses, cultural or heritage items or features of the surrounding land,(b) to allow earthworks of a minor nature without requiring separate development consent.(2) Development consent is required for earthworks unless:(a) the work is exempt development under this Policy or another applicable environmental planning instrument, or(b) the work is ancillary to other development for which development consent has been given.(3) Before granting development consent for earthworks, the consent authority must consider the following matters:(a) the likely disruption of, or any detrimental effect on, drainage patterns and soil stability in the locality,(b) the effect of the proposed development on the likely future use or redevelopment of the land,(c) the quality of the fill or the soil to be excavated, or both,(d) the effect of the proposed development on the existing and likely amenity of adjoining properties,(e) the source of any fill material and the destination of any excavated material,(f) the likelihood of disturbing relics,(g) the proximity to and potential for adverse impacts on any watercourse, drinking water catchment or environmentally sensitive area,(h) any appropriate measures proposed to avoid, minimise or mitigate the impacts of the development.Note.The National Parks and Wildlife Act 1974, particularly section 86, deals with harming Aboriginal objects.