{"id":"nsw:epi-2021-0728","name":"State Environmental Planning Policy (Precincts—Western Parkland City) 2021","slug":"state-environmental-planning-policy-precincts-western-parkland-city-2021","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"728 of 2021","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181145,"registerId":"nsw-nsw:epi-2021-0728-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Policy","content":"#### 1 Name of Policy\n\n1.1 Name of Policy\n\n> This Policy is [State Environmental Planning Policy (Precincts—Western Parkland City) 2021](/view/html/inforce/current/epi-2021-0728).","sortOrder":0},{"sectionNumber":"Part 2","sectionType":"part","heading":"Preliminary","content":"# Part 2 Preliminary\n\nPart 2.1 Preliminary","sortOrder":4},{"sectionNumber":"2","sectionType":"section","heading":"Aims of Chapter","content":"#### 2 Aims of Chapter\n\n2.1 Aims of Chapter\n\n> The aims of this Chapter are as follows—\n> \n> > (a) to facilitate the development, redevelopment or protection of important urban, coastal and regional sites of economic, environmental or social significance to the State so as to facilitate the orderly use, development or conservation of those State significant precincts for the benefit of the State,\n> \n> > (b) to facilitate service delivery outcomes for a range of public services and to provide for the development of major sites for a public purpose or redevelopment of major sites no longer appropriate or suitable for public purposes.","sortOrder":5},{"sectionNumber":"Part 3","sectionType":"part","heading":"Preliminary","content":"# Part 3 Preliminary\n\nPart 3.1 Preliminary","sortOrder":15},{"sectionNumber":"3","sectionType":"section","heading":"Aims of Chapter","content":"#### 3 Aims of Chapter\n\n3.1 Aims of Chapter\n\n> The aims of this Chapter are (in conjunction with amendments to the regulations under the Act relating to precinct planning) as follows—\n> \n> > (a) to co-ordinate the release of land for residential, employment and other urban development in the South West Growth Centre, the Wilton Growth Area and the Greater Macarthur Growth Area,\n> \n> > (b) to enable the Minister from time to time to designate land in growth centres as ready for release for development,\n> \n> > (c) to provide for comprehensive planning for growth centres,\n> \n> > (d) to enable the establishment of vibrant, sustainable and liveable neighbourhoods that provide for community well-being and high quality local amenity,\n> \n> > (e) to provide controls for the sustainability of land in growth centres that has conservation value,\n> \n> > (f) to provide for the orderly and economic provision of infrastructure in and to growth centres,\n> \n> > (g) to provide development controls in order to protect the health of the waterways in growth centres,\n> \n> > (h) to protect and enhance land with natural and cultural heritage value,\n> \n> > (i) to provide land use and development controls that will contribute to the conservation of biodiversity.\n> \n> **s 3.1:** Am 2022 (835), Sch 4\\[5\\].","sortOrder":16},{"sectionNumber":"Part 4","sectionType":"part","heading":"Preliminary","content":"# Part 4 Preliminary\n\nPart 4.1 Preliminary","sortOrder":57},{"sectionNumber":"4","sectionType":"section","heading":"Aims of Chapter","content":"#### 4 Aims of Chapter\n\n4.1 Aims of Chapter\n\n> The aims of this Chapter are as follows—\n> \n> > (a) to facilitate development in the Western Sydney Aerotropolis in accordance with the objectives and principles of the Western Sydney Aerotropolis Plan,\n> \n> > (b) to promote sustainable, orderly and transformational development in the Western Sydney Aerotropolis,\n> \n> > (c) to ensure development is compatible with the long-term growth and development of the Western Sydney Airport (including in relation to the operation of the Airport 24 hours a day) and other critical transport infrastructure,\n> \n> > (d) to promote employment and world-class innovation and provide for residential development in suitable locations,\n> \n> > (e) to recognise the physical and cultural connection of the local Aboriginal community to the land and to incorporate local Aboriginal knowledge, culture and tradition into development,\n> \n> > (f) to preserve land for future infrastructure development,\n> \n> > (g) to protect, maintain and enhance, and to minimise the impact of development on, trees and vegetation, soil quality and the health of waterways and to contribute to the conservation of biodiversity,\n> \n> > (h) to recognise and protect the ecological and cultural value of Wianamatta–South Creek.","sortOrder":58},{"sectionNumber":"ch.4-pt","sectionType":"part","heading":"Land Use Table","content":"# ch.4-pt Land Use Table\n\nLand Use Table\n\nEnterprise Zone\n\nAgribusiness Zone\n\nMixed Use Zone\n\nSP2 Infrastructure Zone\n\nEnvironment and Recreation Zone","sortOrder":77},{"sectionNumber":"Division 1","sectionType":"division","heading":"Preliminary","content":"## Division 1 Preliminary\n\nDivision 1 Preliminary\n\n**pt 4.6, div 1:** Ins 2022 (112), Sch 1.1\\[32\\].","sortOrder":125},{"sectionNumber":"Division 2","sectionType":"division","heading":"Exempt development","content":"## Division 2 Exempt development\n\nDivision 2 Exempt development\n\n**pt 4.6, div 2:** Ins 2022 (112), Sch 1.1\\[34\\].","sortOrder":127},{"sectionNumber":"Division 3","sectionType":"division","heading":"Complying development","content":"## Division 3 Complying development\n\nDivision 3 Complying development\n\n**pt 4.6, div 3:** Ins 2022 (112), Sch 1.1\\[38\\].","sortOrder":132},{"sectionNumber":"Division 4","sectionType":"division","heading":"Infrastructure","content":"## Division 4 Infrastructure\n\nDivision 4 Infrastructure","sortOrder":151},{"sectionNumber":"Part 5","sectionType":"part","heading":"Preliminary","content":"# Part 5 Preliminary\n\nPart 5.1 Preliminary","sortOrder":159},{"sectionNumber":"5","sectionType":"section","heading":"Aims of Chapter","content":"#### 5 Aims of Chapter\n\n5.1 Aims of Chapter\n\n> The aims of this Chapter are as follows—\n> \n> > (a) to provide a development control process that ensures that environmental and technical matters are considered in the implementation of the Penrith Lakes Scheme,\n> \n> > (b) to identify and protect items of the environmental heritage,\n> \n> > (c) to identify certain land that may be rezoned for employment, environmental, parkland, residential, tourism and waterway purposes and land that will be rezoned as unzoned land,\n> \n> > (d) to permit interim development that will not detrimentally impact on the implementation of the Penrith Lakes Scheme,\n> \n> > (e) to ensure that the implementation of the Penrith Lakes Scheme does not detrimentally impact on the ongoing operation and use of olympic legacy infrastructure, including the Sydney International Regatta Centre and the Penrith Whitewater Stadium.","sortOrder":160},{"sectionNumber":"ch.5-pt","sectionType":"part","heading":"Land Use Table","content":"# ch.5-pt Land Use Table\n\nLand Use Table\n\nEmployment\n\nEnvironment\n\nParkland\n\nResidential\n\nTourism\n\nWaterway","sortOrder":185},{"sectionNumber":"Part 6","sectionType":"part","heading":"Introduction","content":"# Part 6 Introduction\n\nPart 6.1 Introduction","sortOrder":240},{"sectionNumber":"6","sectionType":"section","heading":"Area covered by this Chapter","content":"#### 6 Area covered by this Chapter\n\n6.1 Area covered by this Chapter\n\n> > (1) This Chapter applies to certain land in the region declared under the Act that is known as the Sydney Region and is within the Blacktown City and Penrith City local government areas.\n> \n> > (2) The location and boundaries of the land are shown on the Zoning Map.\n> \n> > (3) Despite subsections (1) and (2), this Chapter does not apply to land referred to on the Zoning Map as “DEFERRED MATTER”.","sortOrder":241},{"sectionNumber":"Part 7","sectionType":"part","heading":"Preliminary","content":"# Part 7 Preliminary\n\nPart 7.1 Preliminary","sortOrder":319},{"sectionNumber":"7","sectionType":"section","heading":"Aim of Chapter","content":"#### 7 Aim of Chapter\n\n7.1 Aim of Chapter\n\n> The aim of this Chapter is to put in place planning controls that will enable the Western Sydney Parklands Trust to develop the Western Parklands into a multi-use urban parkland for the region of western Sydney by—\n> \n> > (a) allowing for a diverse range of recreational, entertainment and tourist facilities in the Western Parklands, and\n> \n> > (b) allowing for a range of commercial, retail, infrastructure and other uses consistent with the Metropolitan Strategy, which will deliver beneficial social and economic outcomes to western Sydney, and\n> \n> > (c) continuing to allow for and facilitate the location of government infrastructure and service facilities in the Western Parklands, and\n> \n> > (d) protecting and enhancing the natural systems of the Western Parklands, including flora and fauna species and communities and riparian corridors, and\n> \n> > (e) protecting and enhancing the cultural and historical heritage of the Western Parklands, and\n> \n> > (f) maintaining the rural character of parts of the Western Parklands by allowing sustainable extensive agriculture, horticulture, forestry and the like, and\n> \n> > (g) facilitating public access to, and use and enjoyment of, the Western Parklands, and\n> \n> > (h) facilitating use of the Western Parklands to meet a range of community needs and interests, including those that promote health and well-being in the community, and\n> \n> > (i) encouraging the use of the Western Parklands for education and research purposes, including accommodation and other facilities to support those purposes, and\n> \n> > (j) allowing for interim uses on private land in the Western Parklands if such uses do not adversely affect the establishment of the Western Parklands or the ability of the Trust to carry out its functions as set out in section 12 of the [Western Sydney Parklands Act 2006](/view/html/inforce/current/act-2006-092), and\n> \n> > (k) ensuring that development of the Western Parklands is undertaken in an ecologically sustainable way.","sortOrder":320},{"sectionNumber":"8","sectionType":"section","heading":"Land to which chapter applies","content":"#### 8 Land to which chapter applies\n\n8.1 Land to which chapter applies\n\n> This chapter applies to the following land on the [Land Application Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-precincts-western-parkland-city-2021)—\n> \n> > (a) land identified as “Appin (Part) Precinct”,\n> \n> > (b) land identified as “North Appin Precinct”.\n> \n> **s 8.1:** Ins 2025 (486), Sch 1\\[1\\].","sortOrder":348},{"sectionNumber":"app.1","sectionType":"schedule","heading":"State significant precinct—Edmondson Park South site","content":"# app.1 State significant precinct—Edmondson Park South site\n\nAppendix 1 State significant precinct—Edmondson Park South site\n\nsection 2.7","sortOrder":353},{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":354},{"sectionNumber":"9","sectionType":"section","heading":"Zone R1 General Residential","content":"#### 9 Zone R1 General Residential\n\n9 Zone R1 General Residential\n\n> > (1) The objectives of Zone R1 General Residential are as follows—\n> > \n> > > (a) to provide for the housing needs of the community,\n> > \n> > > (b) to provide for a variety of housing types and densities,\n> > \n> > > (c) to enable other land uses that provide facilities or services to meet the day to day needs of residents.\n> \n> > (2) Development for any of the following purposes is permitted without development consent on land within Zone R1 General Residential—\n> > \n> > > environmental protection works; home occupations.\n> \n> > (3) Development for any of the following purposes is permitted only with development consent on land within Zone R1 General Residential—\n> > \n> > > attached dwellings; boarding houses; centre-based child care facilities; community facilities; dwelling houses; earthworks; food and drink premises; group homes; hostels; kiosks; markets; multi dwelling housing; neighbourhood shops; places of public worship; residential flat buildings; roads; semi-detached dwellings; shop top housing; signage; any other development not specified in subsection (2) or (4)\n> \n> > (4) Except as otherwise provided by this Appendix, development for any of the following purposes is prohibited on land within Zone R1 General Residential—\n> > \n> > > agriculture; air transport facilities; amusement centres; backpackers’ accommodation; boat repair facilities; boat sheds; caravan parks; charter and tourism boat facilities; commercial premises; correctional centres; crematoria; depots; entertainment facilities; extractive industries; farm stay accommodation; forestry; freight transport facilities; function centres; highway service centres; home occupations (sex services); hotel or motel accommodation; industrial retail outlets; industries; marinas; passenger transport facilities; port facilities; public administration buildings; recreation facilities (major); registered clubs; research stations; restricted premises; restriction facilities; rural industries; service stations; sex service premises; specialised retail premises; storage premises; transport depots; truck depots; vehicle body repair workshops; vehicle repair stations; warehouse or distribution centres; waste or resource management facilities; wholesale supplies.","sortOrder":364},{"sectionNumber":"10","sectionType":"section","heading":"Zone B4 Mixed Use","content":"#### 10 Zone B4 Mixed Use\n\n10 Zone B4 Mixed Use\n\n> > (1) The objectives of Zone B4 Mixed Use are as follows—\n> > \n> > > (a) to provide a mixture of compatible land uses,\n> > \n> > > (b) 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.\n> \n> > (2) Development for any of the following purposes is permitted without development consent on land within Zone B4 Mixed Use—\n> > \n> > > environmental protection works.\n> \n> > (3) Development for any of the following purposes is permitted only with development consent on land within Zone B4 Mixed Use—\n> > \n> > > boarding houses; business premises; centre-based child care facilities; community facilities; earthworks; educational establishments; entertainment facilities; function centres; hotel or motel accommodation; information and education facilities; office premises; passenger transport facilities; recreation facilities (indoor); registered clubs; retail premises; roads; seniors housing; shop top housing; any other development not specified in subsection (2) or (4).\n> \n> > (4) Except as otherwise provided by this Appendix, development for any of the following purposes is prohibited on land within Zone B4 Mixed Use—\n> > \n> > > agriculture; air transport facilities; caravan parks; cemeteries; correctional centres; crematoria; depots; dual occupancies; dwelling houses; extractive industries; forestry; freight transport facilities; home occupations (sex services); industrial retail outlets; industries; landscaping material supplies; restricted premises; restriction facilities; rural industries; rural workers’ dwellings; sex service premises; storage premises; timber yards; transport depots; truck depots; vehicle body repair shops; waste or resource management facilities.","sortOrder":365},{"sectionNumber":"11","sectionType":"section","heading":"Zone SP2 Infrastructure","content":"#### 11 Zone SP2 Infrastructure\n\n11 Zone SP2 Infrastructure\n\n> > (1) The objectives of Zone SP2 Infrastructure are as follows—\n> > \n> > > (a) to provide for infrastructure and related uses,\n> > \n> > > (b) to prevent development that is not compatible with or that may detract from the provision of infrastructure,\n> > \n> > > (c) to reserve land for the provision of infrastructure.\n> \n> > (2) Development for any of the following purposes is permitted without development consent on land within Zone SP2 Infrastructure—\n> > \n> > > nil.\n> \n> > (3) Development for any of the following purposes is permitted only with development consent on land within Zone SP2 Infrastructure—\n> > \n> > > earthworks; the purpose shown on the [Land Zoning Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-precincts-western-parkland-city-2021), including any development that is ordinarily incidental or ancillary to development for that purpose; roads.\n> \n> > (4) Except as otherwise provided by this Appendix, development is prohibited on land within Zone SP2 Infrastructure unless it is permitted by subsection (2) or (3).","sortOrder":366},{"sectionNumber":"12","sectionType":"section","heading":"Zone RE1 Public Recreation","content":"#### 12 Zone RE1 Public Recreation\n\n12 Zone RE1 Public Recreation\n\n> > (1) The objectives of Zone RE1 Public Recreation are as follows—\n> > \n> > > (a) to enable land to be used for public open space or recreational purposes,\n> > \n> > > (b) to provide a range of recreational settings and activities and compatible land uses,\n> > \n> > > (c) to protect and enhance the natural environment for recreational purposes,\n> > \n> > > (d) to provide a sufficient and equitable distribution of public open space to meet the needs of residents.\n> \n> > (2) Development for any of the following purposes is permitted without development consent on land within Zone RE1 Public Recreation—\n> > \n> > > environmental protection works.\n> \n> > (3) Development for any of the following purposes is permitted only with development consent on land within Zone RE1 Public Recreation—\n> > \n> > > building identification signs; business identification signs; centre-based child care facilities; community facilities; earthworks; flood mitigation works; information and education facilities; kiosks; markets; recreation areas; recreation facilities (indoor); recreation facilities (outdoor); restaurants; roads.\n> \n> > (4) Except as otherwise provided by this Appendix, development is prohibited on land within Zone RE1 Public Recreation unless it is permitted by subsection (2) or (3).","sortOrder":367},{"sectionNumber":"13","sectionType":"section","heading":"Zone E1 National Parks and Nature Reserves","content":"#### 13 Zone E1 National Parks and Nature Reserves\n\n13 Zone E1 National Parks and Nature Reserves\n\n> > (1) The objectives of Zone E1 National Parks and Nature Reserves are as follows—\n> > \n> > > (a) to enable the management and appropriate use of land that is reserved under the [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080) or that is acquired under Part 11 of that Act,\n> > \n> > > (b) to enable uses authorised under the [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080),\n> > \n> > > (c) to identify land that is to be reserved under the [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080) and to protect the environmental significance of that land.\n> \n> > (2) Development for any of the following purposes is permitted without development consent on land within Zone E1 National Parks and Nature Reserves—\n> > \n> > > uses authorised under the [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080).\n> \n> > (3) Development for any of the following purposes is permitted only with development consent on land within Zone E1 National Parks and Nature Reserves—\n> > \n> > > nil.\n> \n> > (4) Except as otherwise provided by this Appendix, development is prohibited on land within Zone E1 National Parks and Nature Reserves unless it is permitted by subsection (2) or (3).","sortOrder":368},{"sectionNumber":"14","sectionType":"section","heading":"Zone E4 Environmental Living","content":"#### 14 Zone E4 Environmental Living\n\n14 Zone E4 Environmental Living\n\n> > (1) The objectives of Zone E4 Environmental Living are as follows—\n> > \n> > > (a) to provide for low-impact residential development in areas with special ecological, scientific, cultural or aesthetic values,\n> > \n> > > (b) to ensure that residential development does not have an adverse effect on those values.\n> \n> > (2) Development for any of the following purposes is permitted without development consent on land within Zone E4 Environmental Living—\n> > \n> > > home occupations.\n> \n> > (3) Development for any of the following purposes is permitted only with development consent on land within Zone E4 Environmental Living—\n> > \n> > > bed and breakfast accommodation; dual occupancies; dwelling houses; earthworks; environmental facilities; environmental protection works; flood mitigation works; group homes; health consulting rooms; home-based child care; horticulture; recreation areas; recreation facilities (outdoor); roads; secondary dwellings; signage; swimming pools; water recreation structures; water recycling facilities; waterbodies (artificial).\n> \n> > (4) Except as otherwise provided by this Appendix, development for any of the following purposes is prohibited on land within Zone E4 Environmental Living—\n> > \n> > > industries; service stations; warehouse or distribution centres; any other development not specified in subsection (2) or (3).","sortOrder":369},{"sectionNumber":"15","sectionType":"section","heading":"Prohibited development","content":"#### 15 Prohibited development\n\n15 Prohibited development\n\n> Development on land within the Edmondson Park South site that is part of a transitional Part 3A project is prohibited if it would be prohibited were it development to which Part 4 of the Act applies.","sortOrder":370},{"sectionNumber":"16","sectionType":"section","heading":"Subdivision—consent requirements","content":"#### 16 Subdivision—consent requirements\n\n16 Subdivision—consent requirements\n\n> > (1) Land within the Edmondson Park South site may be subdivided, but only with development consent.\n> > \n> > Note.\n> > \n> > [State Environmental Planning Policy (Exempt and Complying Development Codes) 2008](/view/html/inforce/current/epi-2008-0572) specifies certain subdivision development as exempt development.","sortOrder":371},{"sectionNumber":"17","sectionType":"section","heading":"Minimum subdivision lot size","content":"#### 17 Minimum subdivision lot size\n\n17 Minimum subdivision lot size\n\n> > (1) The objectives of this section are as follows—\n> > \n> > > (a) to establish minimum lot sizes for residential development,\n> > \n> > > (b) to ensure that residential development has adequate usable areas for buildings and open space,\n> > \n> > > (c) to facilitate and encourage the provision of a range of dwelling types.\n> \n> > (2) This section applies to a subdivision of any land shown on the [Lot Size Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-precincts-western-parkland-city-2021) that requires development consent and that is carried out after the commencement of this Appendix.\n> \n> > (3) The size of any lot resulting from a subdivision of land to which this section applies must not be less than the minimum size shown on the [Lot Size Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-precincts-western-parkland-city-2021) in relation to that land.\n> \n> > (4) Despite subsection (3) and the [Lot Size Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-precincts-western-parkland-city-2021)—\n> > \n> > > (a) the size of any lot resulting from a subdivision of land for dwelling houses must not be less than 200m2, and\n> > \n> > > (b) the size of any lot resulting from a subdivision of land for semi-detached dwellings must not be less than 200m2, and\n> > \n> > > (c) the size of any lot resulting from a subdivision of land for dual occupancies must not be less than 500m2, and\n> > \n> > > (d) the size of any lot resulting from a subdivision of land for secondary dwellings must not be less than 250m2, and\n> > \n> > > (e) the size of any lot resulting from a subdivision of land for attached dwellings must not be less than 125m2, and\n> > \n> > > (f) the size of any lot resulting from a subdivision of land for multi dwelling housing must not be less than 1,500m2, and\n> > \n> > > (g) the size of any lot resulting from a subdivision of land for residential flat dwellings must not be less than 1,500m2.\n> \n> > (5) This section does not apply in relation to the subdivision of individual lots in a strata plan or community title scheme.","sortOrder":372},{"sectionNumber":"18","sectionType":"section","heading":"Height of buildings","content":"#### 18 Height of buildings\n\n18 Height of buildings\n\n> The height of a building on any land within the Edmondson Park South site is not to exceed the maximum height shown for the land on the [Height of Buildings Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-precincts-western-parkland-city-2021).","sortOrder":373},{"sectionNumber":"19","sectionType":"section","heading":"Floor space ratio","content":"#### 19 Floor space ratio\n\n19 Floor space ratio\n\n> > (1) The objectives of this section are as follows—\n> > \n> > > (a) to establish standards for the maximum development density and intensity of land use,\n> > \n> > > (b) to control building density and bulk in relation to site area,\n> > \n> > > (c) to minimise adverse environmental effects on the use or enjoyment of adjoining properties and the public domain.\n> \n> > (2) The maximum floor space ratio of a building on any land within the Edmondson Park South site is not to exceed the floor space ratio shown for the land on the [Floor Space Ratio Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-precincts-western-parkland-city-2021).","sortOrder":374},{"sectionNumber":"20","sectionType":"section","heading":"Calculation of floor space ratio and site area","content":"#### 20 Calculation of floor space ratio and site area\n\n20 Calculation of floor space ratio and site area\n\n> > (1) Objectives The objectives of this section are as follows—\n> > \n> > > (a) to define floor space ratio,\n> > \n> > > (b) to set out rules for the calculation of the site area of development for the purpose of applying permitted floor space ratios, including rules to—\n> > > \n> > > > (i) prevent the inclusion in the site area of an area that has no significant development being carried out on it, and\n> > > \n> > > > (ii) prevent the inclusion in the site area of an area that has already been included as part of a site area to maximise floor space area in another building, and\n> > > \n> > > > (iii) require community land and public places to be dealt with separately.\n> \n> > (2) Definition of “floor space ratio” The floor space ratio of buildings on a site is the ratio of the gross floor area of all buildings within the site to the site area.\n> \n> > (3) Site area In determining the site area of proposed development for the purpose of applying a floor space ratio, the site area is taken to be—\n> > \n> > > (a) if the proposed development is to be carried out on only one lot, the area of that lot, or\n> > \n> > > (b) if the proposed development is to be carried out on 2 or more lots, the area of any lot on which the development is proposed to be carried out that has at least one common boundary with another lot on which the development is being carried out.\n> > \n> > In addition, subsections (4)–(7) apply to the calculation of site area for the purposes of applying a floor space ratio to proposed development.\n> \n> > (4) Exclusions from site area The following land must be excluded from the site area—\n> > \n> > > (a) land on which the proposed development is prohibited, whether under this Plan or any other law,\n> > \n> > > (b) community land or a public place (except as provided by subsection (7)).\n> \n> > (5) Strata subdivisions The area of a lot that is wholly or partly on top of another or others in a strata subdivision is to be included in the calculation of the site area only to the extent that it does not overlap with another lot already included in the site area calculation.\n> \n> > (6) Only significant development to be included The site area for proposed development must not include a lot additional to a lot or lots on which the development is being carried out unless the proposed development includes significant development on that additional lot.\n> \n> > (7) Certain public land to be separately considered For the purpose of applying a floor space ratio to any proposed development on, above or below community land or a public place, the site area must only include an area that is on, above or below that community land or public place, and is occupied or physically affected by the proposed development, and may not include any other area on which the proposed development is to be carried out.\n> \n> > (8) Existing buildings The gross floor area of any existing or proposed buildings within the vertical projection (above or below ground) of the boundaries of a site is to be included in the calculation of the total floor space for the purposes of applying a floor space ratio, whether or not the proposed development relates to all of the buildings.\n> \n> > (9) Covenants to prevent “double dipping” When consent is granted to development on a site comprised of 2 or more lots, a condition of the consent may require a covenant to be registered that prevents the creation of floor area on a lot (the restricted lot) if the consent authority is satisfied that an equivalent quantity of floor area will be created on another lot only because the site included the restricted lot.\n> \n> > (10) Covenants affect consolidated sites If—\n> > \n> > > (a) a covenant of the kind referred to in subsection (9) applies to any land (affected land), and\n> > \n> > > (b) proposed development relates to the affected land and other land that together comprise the site of the proposed development,\n> > \n> > the maximum amount of floor area allowed on the other land by the floor space ratio fixed for the site by this Appendix is reduced by the quantity of floor space area the covenant prevents being created on the affected land.\n> \n> > (11) Definition In this section, public place has the same meaning as it has in the [Local Government Act 1993](/view/html/inforce/current/act-1993-030).","sortOrder":375},{"sectionNumber":"21","sectionType":"section","heading":"Temporary use of land","content":"#### 21 Temporary use of land\n\n21 Temporary use of land\n\n> > (1) The objective of this section is to provide for the temporary use of land if the use does not compromise future development of the land, or have detrimental economic, social, amenity or environmental effects on the land.\n> \n> > (2) Despite any other provision of this Appendix, development consent may be granted for development on land in any zone for a temporary use for a maximum period of 52 days (whether or not consecutive days) in any period of 12 months.\n> \n> > (3) Development consent must not be granted unless the consent authority is satisfied that—\n> > \n> > > (a) the temporary use will not prejudice the subsequent carrying out of development on the land in accordance with this Appendix and any other applicable environmental planning instrument, and\n> > \n> > > (b) the temporary use will not adversely impact on any adjoining land or the amenity of the neighbourhood, and\n> > \n> > > (c) the temporary use and location of any structures related to the use will not adversely impact on environmental attributes or features of the land, or increase the risk of natural hazards that may affect the land, and\n> > \n> > > (d) at the end of the temporary use period the land will, as far as is practicable, be restored to the condition in which it was before the commencement of the use.\n> \n> > (4) Despite subsection (2), the temporary use of a dwelling as a sales office for a new release area or a new housing estate may exceed the maximum number of days specified in that subsection.\n> \n> > (5) Subsection (3)(d) does not apply to the temporary use of a dwelling as a sales office mentioned in subsection (4).","sortOrder":376},{"sectionNumber":"22","sectionType":"section","heading":"Interim land use for exhibition and sales office","content":"#### 22 Interim land use for exhibition and sales office\n\n22 Interim land use for exhibition and sales office\n\n> > (1) Despite any other provision of this Appendix, development consent may be granted for development on land in Zone R1 General Residential for an exhibition and sales office for a maximum period of 6 years from the date of consent.\n> \n> > (2) Development consent must not be granted unless the consent authority is satisfied that—\n> > \n> > > (a) the use will not prejudice the subsequent carrying out of development on the land in accordance with this Appendix and any other applicable environmental planning instrument, and\n> > \n> > > (b) the use will not adversely impact on any adjoining land or the amenity of the neighbourhood, and\n> > \n> > > (c) the use and location of any structures related to the use will not adversely impact on environmental attributes, heritage significance, or features of the land, or increase the risk of natural hazards that may affect the land.\n> \n> > (3) In this section—\n> > \n> > exhibition and sales office means a building or place, used for house and land sales, site offices, advisory services, car parking and other associated purposes.","sortOrder":377},{"sectionNumber":"23","sectionType":"section","heading":"Demolition requires consent","content":"#### 23 Demolition requires consent\n\n23 Demolition requires consent\n\n> The demolition of a building or work may be carried out only with consent.\n> \n> Note.\n> \n> If the demolition of a building or work is identified in an applicable environmental planning instrument, such as this Appendix or [State Environmental Planning Policy (Exempt and Complying Development Codes) 2008](/view/html/inforce/current/epi-2008-0572), as exempt development, the Act enables it to be carried out without consent.","sortOrder":378},{"sectionNumber":"24","sectionType":"section","heading":"Development near zone boundaries","content":"#### 24 Development near zone boundaries\n\n24 Development near zone boundaries\n\n> > (1) The objective of this section 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.\n> \n> > (2) This section applies to so much of any land that is within the relevant distance of a boundary between any 2 zones. The relevant distance is 25 metres from any zone boundary.\n> \n> > (3) This section does not apply to—\n> > \n> > > (a) land in Zone RE1 Public Recreation or Zone E1 National Parks and Nature Reserves, or\n> > \n> > > (b) land proposed to be developed for the purpose of sex services or restricted premises.\n> \n> > (4) Despite the provisions of this Appendix relating to the purposes for which development may be carried out, consent may be granted to development of land to which this section applies for any purpose that may be carried out in the adjoining zone, but only if the consent authority is satisfied that—\n> > \n> > > (a) the development is not inconsistent with the objectives for development in both zones, and\n> > \n> > > (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.\n> \n> > (5) This section does not prescribe a development standard that may be varied under this Appendix.","sortOrder":379},{"sectionNumber":"25","sectionType":"section","heading":"Bush fire hazard reduction","content":"#### 25 Bush fire hazard reduction\n\n25 Bush fire hazard reduction\n\n> Bush fire hazard reduction work authorised by the [Rural Fires Act 1997](/view/html/inforce/current/act-1997-065) may be carried out on any land without consent.\n> \n> Note.\n> \n> The [Rural Fires Act 1997](/view/html/inforce/current/act-1997-065) also makes provision relating to the carrying out of development on bush fire prone land.","sortOrder":380},{"sectionNumber":"26","sectionType":"section","heading":"Flood planning","content":"#### 26 Flood planning\n\n26 Flood planning\n\n> > (1) The objectives of this section are as follows—\n> > \n> > > (a) to minimise the flood risk to life and property associated with the use of land,\n> > \n> > > (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,\n> > \n> > > (c) to avoid significant adverse impacts on flood behaviour and the environment.\n> \n> > (2) This section applies to—\n> > \n> > > (a) land that is shown as “Flood planning area” on the [Flood Planning Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-precincts-western-parkland-city-2021), and\n> > \n> > > (b) other land at or below the flood planning level.\n> \n> > (3) Development consent must not be granted to development on land to which this section applies unless the consent authority is satisfied that the development—\n> > \n> > > (a) is compatible with the flood hazard of the land, and\n> > \n> > > (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\n> > \n> > > (c) incorporates appropriate measures to manage risk to life from flood, and\n> > \n> > > (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\n> > \n> > > (e) is not likely to result in unsustainable social and economic costs to the community as a consequence of flooding.\n> \n> > (4) A word or expression used in this section has the same meaning as it has in the Flood Risk Management Manual, unless it is otherwise defined in this section.\n> \n> > (5) In this section—\n> > \n> > flood planning level means the level of a 1:100 ARI (average recurrent interval) flood event plus 0.5 metre freeboard.\n> > \n> > Flood Risk Management Manual means the Flood Risk Management Manual, ISBN 978-1-923076-17-4, published by the NSW Government in June 2023.","sortOrder":381},{"sectionNumber":"27","sectionType":"section","heading":"Exceptions to development standards—transitional Part 3A projects","content":"#### 27 Exceptions to development standards—transitional Part 3A projects\n\n27 Exceptions to development standards—transitional Part 3A projects\n\n> > (1) A development standard imposed by this or any other environmental planning instrument on development that is part of a transitional Part 3A project, and is on land within the Edmondson Park South site, does not apply to that development if the Secretary is satisfied, and issues a certificate to the effect, that—\n> > \n> > > (a) compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and\n> > \n> > > (b) there are sufficient environmental planning grounds to justify exempting the development from that development standard.\n> \n> > (2) In deciding whether to issue a certificate, the Secretary must consider—\n> > \n> > > (a) whether contravention of the development standard raises any matter of significance for State or regional environmental planning, and\n> > \n> > > (b) the public benefit of maintaining the development standard, and\n> > \n> > > (c) any other matters required to be taken into consideration by the Secretary.","sortOrder":382},{"sectionNumber":"28","sectionType":"section","heading":"Exceptions to development standards—other development","content":"#### 28 Exceptions to development standards—other development\n\n28 Exceptions to development standards—other development\n\n> > (1) This section applies to development on land within the Edmondson Park South site, other than development that is part of a transitional Part 3A project.\n> \n> > (2) The objectives of this section are—\n> > \n> > > (a) to provide an appropriate degree of flexibility in applying certain development standards to particular development, and\n> > \n> > > (b) to achieve better outcomes for and from development by allowing flexibility in particular circumstances.\n> \n> > (3) Development consent may, subject to this section, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this section does not apply to a development standard that is expressly excluded from the operation of this section.\n> \n> > (4) Development consent must not be granted to development that contravenes a development standard unless the consent authority is satisfied the applicant for development consent has demonstrated that—\n> > \n> > > (a) compliance with the development standard is unreasonable or unnecessary in the circumstances, and\n> > \n> > > (b) there are sufficient environmental planning grounds to justify the contravention of the development standard.\n> > \n> > Note—\n> > \n> > The [Environmental Planning and Assessment Regulation 2021](/view/html/inforce/current/sl-2021-0759) requires the development application to be accompanied by a document setting out the grounds on which the applicant seeks to demonstrate the matters in paragraphs (a) and (b).\n> \n> > (5) The consent authority must keep a record of its assessment carried out under subsection (4).\n> \n> > (6) (Repealed)\n> \n> > (7) Development consent must not be granted under this section for a subdivision of land in Zone E4 Environmental Living if—\n> > \n> > > (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\n> > \n> > > (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.\n> \n> > (8) (Repealed)\n> \n> > (9) This section does not allow development consent to be granted for development that would contravene any of the following—\n> > \n> > > (a) a development standard for complying development,\n> > \n> > > (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](/view/html/repealed/current/epi-2004-0396) applies or for the land on which such a building is situated.","sortOrder":383},{"sectionNumber":"29","sectionType":"section","heading":"Controls relating to miscellaneous permissible uses","content":"#### 29 Controls relating to miscellaneous permissible uses\n\n29 Controls relating to miscellaneous permissible uses\n\n> > (1) Bed and breakfast accommodation If development for the purposes of bed and breakfast accommodation is permitted under this Appendix, the accommodation that is provided to guests must consist of no more than 4 bedrooms.\n> \n> > (2) Home businesses If development for the purposes of a home business is permitted under this Appendix, the carrying on of the business must not involve the use of more than 50 square metres of floor area.\n> \n> > (3) Kiosks If development for the purposes of a kiosk is permitted under this Appendix, the gross floor area must not exceed 30 square metres.\n> \n> > (4) Neighbourhood shops If development for the purposes of a neighbourhood shop is permitted under this Appendix, the retail floor area must not exceed 100 square metres.\n> \n> > (5) Secondary dwellings If development for the purposes of a secondary dwelling is permitted under this Appendix, the total floor area of the dwelling (excluding any area used for parking) must not exceed whichever of the following is the greater—\n> > \n> > > (a) 60 square metres,\n> > \n> > > (b) 20% of the total floor area of both the self-contained dwelling and the principal dwelling.","sortOrder":384},{"sectionNumber":"30","sectionType":"section","heading":"Architectural roof features","content":"#### 30 Architectural roof features\n\n30 Architectural roof features\n\n> > (1) The objectives of this section are as follows—\n> > \n> > > (a) to permit variations to maximum building height standards for roof features of visual interest,\n> > \n> > > (b) to ensure that roof features are decorative elements and that the majority of the roof is contained within the maximum building height standard.\n> \n> > (2) Development that includes an architectural roof feature that exceeds, or causes a building to exceed, the height limits set by section 18 may be carried out, but only with consent.\n> \n> > (3) Development consent must not be granted to any such development unless the consent authority is satisfied that—\n> > \n> > > (a) the architectural roof feature—\n> > > \n> > > > (i) comprises a decorative element on the uppermost portion of a building, and\n> > > \n> > > > (ii) is not an advertising structure, and\n> > > \n> > > > (iii) does not include floor space area and is not reasonably capable of modification to include floor space area, and\n> > > \n> > > > (iv) will cause minimal overshadowing, and\n> > \n> > > (b) any building identification signage or equipment for servicing the building (such as plant, lift motor rooms, fire stairs and the like) contained in or supported by the roof feature is fully integrated into the design of the roof feature.","sortOrder":385},{"sectionNumber":"31","sectionType":"section","heading":"Preservation of trees or vegetation","content":"#### 31 Preservation of trees or vegetation\n\n31 Preservation of trees or vegetation\n\n> > (1) The objective of this section is to preserve the amenity of the area through the preservation of trees and other vegetation.\n> \n> > (2) This section applies to species or kinds of trees or other vegetation that are prescribed for the purposes of this section by a development control plan made by the relevant council.\n> > \n> > Note.\n> > \n> > A development control plan may prescribe the trees or other vegetation to which this section applies by reference to species, size, location or other manner.\n> \n> > (3) 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—\n> > \n> > > (a) development consent, or\n> > \n> > > (b) a permit granted by the relevant council.\n> \n> > (4) The refusal by the relevant 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 relevant council to grant consent for the carrying out of the activity for which a permit was sought.\n> \n> > (5) This section does not apply to a tree or other vegetation that the relevant council is satisfied is dying or dead and is not required as the habitat of native fauna.\n> \n> > (6) This section does not apply to a tree or other vegetation that the relevant council is satisfied is a risk to human life or property.\n> \n> > (7) A permit under this section cannot allow any ringbarking, cutting down, topping, lopping, removal, injuring or destruction of a tree or other vegetation—\n> > \n> > > (a) that is or forms part of a heritage item, or\n> > \n> > > (b) that is within a heritage conservation area.\n> > \n> > Note.\n> > \n> > As a consequence of this subsection, the activities concerned will require development consent. The heritage provisions of section 33 will be applicable to any such consent.\n> \n> > (8) This section does not apply to or in respect of—\n> > \n> > > (a) the clearing of native vegetation that is authorised by a development consent or property vegetation plan under the [Native Vegetation Act 2003](/view/html/repealed/current/act-2003-103) or that is otherwise permitted under Division 2 or 3 of Part 3 of that Act, or\n> > \n> > > (b) the clearing of vegetation on State protected land (within the meaning of clause 4 of Schedule 3 to the [Native Vegetation Act 2003](/view/html/repealed/current/act-2003-103)) that is authorised by a development consent under the provisions of the [Native Vegetation Conservation Act 1997](/view/html/repealed/current/act-1997-133) as continued in force by that clause, or\n> > \n> > > (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](/view/html/repealed/current/act-1916-055), or\n> > \n> > > (d) action required or authorised to be done by or under the [Electricity Supply Act 1995](/view/html/inforce/current/act-1995-094), the [Roads Act 1993](/view/html/inforce/current/act-1993-033) or the [Surveying and Spatial Information Act 2002](/view/html/inforce/current/act-2002-083), or\n> > \n> > > (e) plants declared to be noxious weeds under the [Noxious Weeds Act 1993](/view/html/repealed/current/act-1993-011).","sortOrder":386},{"sectionNumber":"32","sectionType":"section","heading":"Native vegetation areas","content":"#### 32 Native vegetation areas\n\n32 Native vegetation areas\n\n> > (1) The objective of this section is to protect and manage native vegetation areas.\n> \n> > (2) This section applies to land within a native vegetation area as shown on the [Native Vegetation Protection Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-precincts-western-parkland-city-2021).\n> \n> > (3) This section does not apply to any vegetation declared to be noxious weeds under the [Noxious Weeds Act 1993](/view/html/repealed/current/act-1993-011).\n> \n> > (4) The consent authority must not grant development consent for development on land to which this section applies unless the consent authority is satisfied that the proposed development will not result in the clearing of any native vegetation (within the meaning of the [Native Vegetation Act 2003](/view/html/repealed/current/act-2003-103)).","sortOrder":387},{"sectionNumber":"32A","sectionType":"section","heading":"Conversion of fire alarms","content":"#### 32A Conversion of fire alarms\n\n32A Conversion of fire alarms\n\n> > (1) This section applies to a fire alarm system that can be monitored by Fire and Rescue NSW or by a private service provider.\n> \n> > (2) The following development may be carried out, but only with development consent—\n> > \n> > > (a) converting a fire alarm system from connection with the alarm monitoring system of Fire and Rescue NSW to connection with the alarm monitoring system of a private service provider,\n> > \n> > > (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,\n> > \n> > > (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.\n> \n> > (3) Development to which subsection (2) applies is complying development if it consists only of—\n> > \n> > > (a) internal alterations to a building, or\n> > \n> > > (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.\n> \n> > (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.\n> \n> > (5) In this section—\n> > \n> > private service provider means a person or body that has entered into an agreement that is in force with Fire and Rescue NSW to monitor fire alarm systems.","sortOrder":388},{"sectionNumber":"33","sectionType":"section","heading":"Heritage conservation","content":"#### 33 Heritage conservation\n\n33 Heritage conservation\n\n> > (1) Objectives The objectives of this section are—\n> > \n> > > (a) to conserve the environmental heritage of the Edmondson Park South site, and\n> > \n> > > (b) to conserve the heritage significance of heritage items and heritage conservation areas including associated fabric, settings and views, and\n> > \n> > > (c) to conserve archaeological sites, and\n> > \n> > > (d) to conserve places of Aboriginal heritage significance.\n> \n> > (2) Requirement for consent Development consent is required for any of the following—\n> > \n> > > (a) demolishing or moving a heritage item or a building, work, relic or tree within a heritage conservation area,\n> > \n> > > (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,\n> > \n> > > (c) altering a heritage item that is a building by making structural changes to its interior,\n> > \n> > > (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,\n> > \n> > > (e) disturbing or excavating a heritage conservation area that is a place of Aboriginal heritage significance,\n> > \n> > > (f) erecting a building on land on which a heritage item is located or that is within a heritage conservation area,\n> > \n> > > (g) subdividing land on which a heritage item is located or that is within a heritage conservation area.\n> \n> > (3) When consent not required However, consent under this section is not required if—\n> > \n> > > (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—\n> > > \n> > > > (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\n> > > \n> > > > (ii) would not adversely affect the significance of the heritage item, archaeological site or heritage conservation area, or\n> > \n> > > (b) the development is in a cemetery or burial ground and the proposed development—\n> > > \n> > > > (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\n> > > \n> > > > (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\n> > \n> > > (c) the development is limited to the removal of a tree or other vegetation that the relevant council is satisfied is a risk to human life or property, or\n> > \n> > > (d) the development is exempt development.\n> \n> > (4) Effect on heritage significance The consent authority must, before granting consent under this section, consider the effect of the proposed development on the heritage significance of the heritage item or heritage conservation area concerned. This subsection applies regardless of whether a heritage impact statement is prepared under subsection (5) or a heritage conservation management plan is submitted under subsection (6).\n> \n> > (5) Heritage impact assessment The consent authority may, before granting consent to any development on land—\n> > \n> > > (a) on which a heritage item is situated, or\n> > \n> > > (b) within a heritage conservation area, or\n> > \n> > > (c) within the vicinity of land referred to in paragraph (a) or (b),\n> > \n> > 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.\n> \n> > (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 section.\n> \n> > (7) Archaeological sites The consent authority must, before granting consent under this section to the carrying out of development on an archaeological site (other than land listed on the State Heritage Register or to which an interim heritage order under the [Heritage Act 1977](/view/html/inforce/current/act-1977-136) applies)—\n> > \n> > > (a) notify the Heritage Council of its intention to grant consent, and\n> > \n> > > (b) take into consideration any response received from the Heritage Council within 28 days after the notice is sent.\n> \n> > (8) Aboriginal places of heritage significance The consent authority must, before granting development consent to development in an Aboriginal place of heritage significance—\n> > \n> > > (a) conduct an adequate investigation and assessment, which may involve consideration of a heritage impact statement, and\n> > \n> > > (b) consider the effect of the proposed development on the heritage significance of—\n> > > \n> > > > (i) the place, and\n> > > \n> > > > (ii) any Aboriginal object known to be, or reasonably likely to be, located at the place.\n> \n> > (9) Demolition of item of State significance The consent authority must, before granting consent for the demolition of a heritage item identified on the [Heritage Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-precincts-western-parkland-city-2021) as being of State significance (other than an item listed on the State Heritage Register or to which an interim heritage order under the [Heritage Act 1977](/view/html/inforce/current/act-1977-136) applies)—\n> > \n> > > (a) notify the Heritage Council about the application, and\n> > \n> > > (b) take into consideration any response received from the Heritage Council within 28 days after the notice is sent.\n> \n> > (10) 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 Appendix, if the consent authority is satisfied that—\n> > \n> > > (a) the conservation of the heritage item is facilitated by the granting of consent, and\n> > \n> > > (b) the proposed development is in accordance with a heritage conservation management plan that has been approved by the consent authority, and\n> > \n> > > (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\n> > \n> > > (d) the proposed development would not adversely affect the heritage significance of the heritage item, including its setting, and\n> > \n> > > (e) the proposed development would not have any significant adverse effect on the amenity of the surrounding area.\n> \n> > (11) For the purposes of the definition of heritage item in section 2(1), the location and nature of a heritage item is specified in the following table—\n> > \n> > Table—heritage items\n> > \n> > | Item description | Address | Property description | Significance | Item No |\n> > | Ingleburn Village site—three Riley-Newsum pre-fabricated cottages (moveable items) | Bass Road | Part Lot 1, DP 831152 | Local | 3 |\n> > | Ingleburn Military Heritage Precinct | Campbelltown Road | Part Lot 2, DP 831152 | State | 2 |\n> > | Mont St Quentin Oval, including entry gates | Campbelltown Road | Part Lot 2, 831550 | State | 1 |","sortOrder":389},{"sectionNumber":"34","sectionType":"section","heading":"Public utility infrastructure","content":"#### 34 Public utility infrastructure\n\n34 Public utility infrastructure\n\n> > (1) Development consent must not be granted for development on land within the Edmondson Park South site unless the consent authority 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.\n> \n> > (2) This section does not apply to development for the purpose of providing, extending, augmenting, maintaining or repairing any public utility infrastructure.\n> \n> > (3) In this section, public utility infrastructure includes infrastructure for any of the following—\n> > \n> > > (a) the supply of water,\n> > \n> > > (b) the supply of electricity or gas,\n> > \n> > > (c) the disposal and management of sewage.","sortOrder":390},{"sectionNumber":"35","sectionType":"section","heading":"Infrastructure development and use of existing buildings of the Crown","content":"#### 35 Infrastructure development and use of existing buildings of the Crown\n\n35 Infrastructure development and use of existing buildings of the Crown\n\n> > (1) This Appendix does not restrict or prohibit, or enable the restriction or prohibition of, the carrying out of any development that is permitted to be carried out with or without consent or that is exempt development under the [State Environmental Planning Policy (Transport and Infrastructure) 2021](/view/html/inforce/current/epi-2021-0732), Chapter 2.\n> \n> > (2) This Appendix does not restrict or prohibit, or enable the restriction or prohibition of, the use of existing buildings of the Crown by the Crown.","sortOrder":391},{"sectionNumber":"36","sectionType":"section","heading":"Development control plan","content":"#### 36 Development control plan\n\n36 Development control plan\n\n> > (1) The objective of this section is to ensure that development on land within the Edmondson Park South site occurs in a logical and cost-effective manner, in accordance with a staging plan and only after a development control plan that includes specific controls has been prepared for the land.\n> \n> > (2) Development consent must not be granted for development on land within the Edmondson Park South site unless a development control plan that provides for the matters specified in subsection (3) has been prepared for the land.\n> \n> > (3) The development control plan must provide for all of the following—\n> > \n> > > (a) a staging plan for the timely and efficient release of urban land making provision for necessary infrastructure and sequencing,\n> > \n> > > (b) 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,\n> > \n> > > (c) an overall landscaping strategy for the protection and enhancement of riparian areas and remnant vegetation, including visually prominent locations, and detailed landscaping requirements for both the public and private domain,\n> > \n> > > (d) a network of passive and active recreational areas,\n> > \n> > > (e) stormwater and water quality management controls,\n> > \n> > > (f) amelioration of natural and environmental hazards, including bushfire, flooding and site contamination and, in relation to natural hazards, the safe occupation of, and the evacuation from, any land so affected,\n> > \n> > > (g) detailed urban design controls for significant development sites,\n> > \n> > > (h) measures to encourage higher density living around transport, open space and service nodes,\n> > \n> > > (i) measures to accommodate and control appropriate neighbourhood commercial and retail uses,\n> > \n> > > (j) suitably located public facilities and services, including provision for appropriate traffic management facilities and parking.\n> \n> > (4) Subsection (2) does not apply to any of the following development—\n> > \n> > > (a) a subdivision for the purpose of a realignment of boundaries that does not create additional lots,\n> > \n> > > (b) a subdivision of land if any of the lots proposed to be created is to be reserved or dedicated for public open space, public roads or any other public or environmental protection purpose,\n> > \n> > > (c) a subdivision of land in a zone in which the erection of structures is prohibited,\n> > \n> > > (d) proposed development on land that is of a minor nature only, if the consent authority is of the opinion that the carrying out of the proposed development would be consistent with the objectives of the zone in which the land is situated.","sortOrder":392},{"sectionNumber":"37","sectionType":"section","heading":"Relevant acquisition authority","content":"#### 37 Relevant acquisition authority\n\n37 Relevant acquisition authority\n\n> > (1) The objective of this section is to identify, for the purposes of section 3.15 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](/view/html/inforce/current/act-1991-022) (the owner-initiated acquisition provisions).\n> > \n> > Note.\n> > \n> > 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](/view/html/inforce/current/act-1991-022) requires the authority to acquire the land.\n> \n> > (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](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-precincts-western-parkland-city-2021) (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).\n> > \n> > | Type of land shown on Map | Authority of the State |\n> > | Zone RE1 Public Recreation and marked “Local Open Space” | Relevant council |\n> > | Zone SP2 Infrastructure and marked “Local Road” | Relevant council |\n> > | Zone SP2 Infrastructure and marked “Classified Road” | Roads and Traffic Authority |\n> > | Zone SP2 Infrastructure and marked “Railway” | The corporation constituted under section 2.5 of the Act |\n> > | Zone E1 National Parks and Nature Reserves and marked “National Park” | Minister administering the National Parks and Wildlife Act 1974 |\n> \n> > (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.","sortOrder":393},{"sectionNumber":"38","sectionType":"section","heading":"Suspension of covenants, agreements and instruments","content":"#### 38 Suspension of covenants, agreements and instruments\n\n38 Suspension of covenants, agreements and instruments\n\n> > (1) For the purpose of enabling development on land within the Edmondson Park South site to be carried out in accordance with this Appendix or with a 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.\n> \n> > (2) This section does not apply—\n> > \n> > > (a) to a covenant imposed by the relevant council or that the relevant council requires to be imposed, or\n> > \n> > > (b) to any relevant instrument within the meaning of section 13.4 of the [Crown Land Management Act 2016](/view/html/inforce/current/act-2016-058), or\n> > \n> > > (c) to any conservation agreement within the meaning of the [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080), or\n> > \n> > > (d) to any Trust agreement within the meaning of the [Nature Conservation Trust Act 2001](/view/html/repealed/current/act-2001-010), or\n> > \n> > > (e) to any property vegetation plan within the meaning of the [Native Vegetation Act 2003](/view/html/repealed/current/act-2003-103), or\n> > \n> > > (f) to any biobanking agreement within the meaning of Part 7A of the [Threatened Species Conservation Act 1995](/view/html/repealed/current/act-1995-101), or\n> > \n> > > (g) to any planning agreement within the meaning of Division 7.1 of the Act.\n> \n> > (3) This section does not affect the rights or interests of any public authority under any registered instrument.\n> \n> > (4) Under section 28 of the Act, the Governor, before the making of this section, approved of subsections (1)–(3).\n> \n> Note.\n> \n> This section does not affect the operation of any conservation agreement between the Commonwealth and this State made under the [Environment Protection and Biodiversity Conservation Act 1999](http://www.legislation.gov.au/) of the Commonwealth.","sortOrder":394},{"sectionNumber":"app.2","sectionType":"schedule","heading":"Oran Park and Turner Road Precinct Plan","content":"# app.2 Oran Park and Turner Road Precinct Plan\n\nAppendix 2 Oran Park and Turner Road Precinct Plan\n\nsection 3.10","sortOrder":395},{"sectionNumber":"app.2-inc-pt","sectionType":"part","heading":"Land Use Table","content":"# app.2-inc-pt Land Use Table\n\nLand Use Table\n\nZone R1 General Residential\n\nZone R3 Medium Density Residential\n\nZone B1 Neighbourhood Centre\n\nZone B2 Local Centre\n\nZone B4 Mixed Use\n\nZone B5 Business development\n\nZone IN1 General Industrial\n\nZone SP2 Infrastructure\n\nZone RE1 Public Recreation\n\nZone RE2 Private Recreation\n\nZone C2 Environmental Conservation\n\nZone C4 Environmental Living","sortOrder":419},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Additional permitted uses","content":"# Schedule 1 Additional permitted uses\n\nSchedule 1 Additional permitted uses\n\n(Section 2.5)","sortOrder":503},{"sectionNumber":"Schedule 4","sectionType":"schedule","heading":"Classification and reclassification of public land","content":"# Schedule 4 Classification and reclassification of public land\n\nSchedule 4 Classification and reclassification of public land\n\n(Section 5.2)","sortOrder":506},{"sectionNumber":"Schedule 5","sectionType":"schedule","heading":"Environmental heritage","content":"# Schedule 5 Environmental heritage\n\nSchedule 5 Environmental heritage\n\n(Section 5.10)\n\nHeritage items\n\n| Precinct | Item name | Address | Significance |\n| Oran Park | Denbigh (including homestead, grounds and gardens, slab outbuildings, coach house, stable, dairy and sheds) | 421 The Northern Road, Bringelly | State |","sortOrder":510},{"sectionNumber":"app.3","sectionType":"schedule","heading":"Leppington Town Centre Precinct Plan","content":"# app.3 Leppington Town Centre Precinct Plan\n\nAppendix 3 Leppington Town Centre Precinct Plan\n\nsection 3.10","sortOrder":511},{"sectionNumber":"app.3-inc-pt","sectionType":"part","heading":"Land Use Table","content":"# app.3-inc-pt Land Use Table\n\nLand Use Table\n\nZone R3 Medium Density Residential\n\nZone R4 High Density Residential\n\nZone E3 Productivity Support\n\nZone E4 General Industrial\n\nZone MU1 Mixed Use\n\nZone SP2 Infrastructure\n\nZone RE1 Public Recreation\n\nZone RE2 Private Recreation\n\nZone C2 Environmental Conservation","sortOrder":537},{"sectionNumber":"app.4","sectionType":"schedule","heading":"Liverpool Growth Centres Precinct Plan","content":"# app.4 Liverpool Growth Centres Precinct Plan\n\nAppendix 4 Liverpool Growth Centres Precinct Plan\n\nsection 3.10","sortOrder":620},{"sectionNumber":"app.4-inc-pt","sectionType":"part","heading":"Land Use Table","content":"# app.4-inc-pt Land Use Table\n\nLand Use Table\n\nZone RU6 Transition\n\nZone R2 Low Density Residential\n\nZone R3 Medium Density Residential\n\nZone B1 Neighbourhood Centre\n\nZone B2 Local Centre\n\nZone B5 Business Development\n\nZone IN2 Light Industrial\n\nZone SP2 Infrastructure\n\nZone RE1 Public Recreation\n\nZone E2 Environmental Conservation\n\nZone E4 Environmental Living","sortOrder":645},{"sectionNumber":"app.5","sectionType":"schedule","heading":"Camden Growth Centres Precinct Plan","content":"# app.5 Camden Growth Centres Precinct Plan\n\nAppendix 5 Camden Growth Centres Precinct Plan\n\nsection 3.10","sortOrder":736},{"sectionNumber":"app.5-inc-pt","sectionType":"part","heading":"Land Use Table","content":"# app.5-inc-pt Land Use Table\n\nLand Use Table\n\nZone RU6 Transition\n\nZone R2 Low Density Residential\n\nZone R3 Medium Density Residential\n\nZone B1 Neighbourhood Centre\n\nZone B2 Local Centre\n\nZone B3 Commercial Core\n\nZone B4 Mixed Use\n\nZone B5 Business Development\n\nZone B7 Business Park\n\nZone IN2 Light Industrial\n\nZone SP2 Infrastructure\n\nZone RE1 Public Recreation\n\nZone RE2 Private Recreation\n\nZone C2 Environmental Conservation\n\nZone C4 Environmental Living","sortOrder":763},{"sectionNumber":"app.6","sectionType":"schedule","heading":"Campbelltown Growth Centres Precinct Plan","content":"# app.6 Campbelltown Growth Centres Precinct Plan\n\nAppendix 6 Campbelltown Growth Centres Precinct Plan\n\nsection 3.10","sortOrder":876},{"sectionNumber":"app.6-inc-pt","sectionType":"part","heading":"Land Use Table","content":"# app.6-inc-pt Land Use Table\n\nLand Use Table\n\nNote.\n\nPart 6 of this Precinct Plan sets out local provisions which include additional permissible land uses and heads of consideration for assessment.\n\nZone R2 Low Density Residential\n\nZone R3 Medium Density Residential\n\nZone B2 Local Centre\n\nZone B4 Mixed Use\n\nZone SP2 Infrastructure\n\nZone RE1 Public Recreation\n\nZone E2 Environmental Conservation\n\nZone E3 Environmental Management","sortOrder":901},{"sectionNumber":"app.7","sectionType":"schedule","heading":"South East Wilton Precinct Plan","content":"# app.7 South East Wilton Precinct Plan\n\nAppendix 7 South East Wilton Precinct Plan\n\nsection 3.10","sortOrder":978},{"sectionNumber":"app.7-inc-pt","sectionType":"part","heading":"Land Use Table","content":"# app.7-inc-pt Land Use Table\n\nLand Use Table\n\nNote.\n\nParts 6 and 7 of this Precinct Plan set out local provisions which include additional permissible land uses and heads of consideration for assessment.\n\nZone 1 Urban Development\n\nZone SP2 Infrastructure\n\nZone C2 Environmental Conservation","sortOrder":1002},{"sectionNumber":"app.8","sectionType":"schedule","heading":"North Wilton Precinct Plan","content":"# app.8 North Wilton Precinct Plan\n\nAppendix 8 North Wilton Precinct Plan\n\nsection 3.10","sortOrder":1046},{"sectionNumber":"app.8-inc-pt","sectionType":"part","heading":"Land Use Table","content":"# app.8-inc-pt Land Use Table\n\nLand Use Table\n\nNote.\n\nParts 6 and 7 of this Precinct Plan set out local provisions which include additional permissible land uses and heads of consideration for assessment.\n\nZone 1 Urban Development\n\nZone SP2 Infrastructure\n\nZone C2 Environmental Conservation","sortOrder":1070},{"sectionNumber":"app.9","sectionType":"schedule","heading":"Wilton Town Centre Precinct Plan","content":"# app.9 Wilton Town Centre Precinct Plan\n\nAppendix 9 Wilton Town Centre Precinct Plan","sortOrder":1113},{"sectionNumber":"app.9-inc-pt","sectionType":"part","heading":"Land Use Table","content":"# app.9-inc-pt Land Use Table\n\nLand Use Table\n\nNote—\n\nThis Precinct Plan, Parts 6 and 7 set out local provisions which include additional permissible land uses and heads of consideration for assessment.\n\nZone 1 Urban Development\n\nZone SP2 Infrastructure\n\nZone C2 Environmental Conservation","sortOrder":1132},{"sectionNumber":"app.10","sectionType":"schedule","heading":"Appin (Part) Precinct Plan","content":"# app.10 Appin (Part) Precinct Plan\n\nAppendix 10 Appin (Part) Precinct Plan\n\nsection 3.10","sortOrder":1176},{"sectionNumber":"app.10-inc-pt","sectionType":"part","heading":"Land Use Table","content":"# app.10-inc-pt Land Use Table\n\nLand Use Table\n\nNote—\n\nThis precinct plan, Parts 6 and 7 set out local provisions, which include additional permissible land uses and heads of consideration for assessment.\n\nZone 1 Urban Development\n\nZone C2 Environmental Conservation","sortOrder":1196},{"sectionNumber":"Schedule 11","sectionType":"schedule","heading":"Gilead (Part) Precinct Plan","content":"# Schedule 11 Gilead (Part) Precinct Plan\n\nAppendix 11 Gilead (Part) Precinct Plan\n\nsection 3.10\n\n**Appendix 11:** Ins 2024 (207), Sch 1\\[12\\]. Am 2024 (269), Sch 1\\[1\\] \\[2\\]; 2026 (286), Sch 1.8\\[29\\] \\[30\\].","sortOrder":1238},{"sectionNumber":"Sch 11 Part 1","sectionType":"part","heading":"Preliminary","content":"# Sch 11 Part 1 Preliminary\n\nPart 1 Preliminary\n\nNote—\n\nThe [Standard Instrument (Local Environmental Plans) Order 2006](/view/html/inforce/current/epi-2006-0155) sets out matters to be included in standard local environmental plans. While this precinct plan is not a standard local environmental plan, a number of clauses from the [Standard Instrument (Local Environmental Plans) Order 2006](/view/html/inforce/current/epi-2006-0155) have been included in this precinct plan and the clause numbering from that order has been retained. This means the numbering in this precinct plan may contain some gaps. Additional provisions have been inserted and are numbered accordingly.","sortOrder":1239},{"sectionNumber":"Sch 11 s 1","sectionType":"section","heading":"Name of precinct plan","content":"#### Sch 11 s 1 Name of precinct plan\n\n1.1 Name of precinct plan\n\n> This precinct plan is the Gilead (Part) Precinct Plan 2024.","sortOrder":1240},{"sectionNumber":"Sch 11 Part 2","sectionType":"part","heading":"Permitted or prohibited development","content":"# Sch 11 Part 2 Permitted or prohibited development\n\nPart 2 Permitted or prohibited development","sortOrder":1250},{"sectionNumber":"Sch 11 s 2","sectionType":"section","heading":"Land use zones","content":"#### Sch 11 s 2 Land use zones\n\n2.1 Land use zones\n\n> The land use zones under this precinct plan are as follows—\n> \n> > Urban Development Zones\n> \n> > 1 Urban Development\n> \n> > Conservation Zones\n> \n> > C2 Environmental Conservation","sortOrder":1251},{"sectionNumber":"Sch 11 Part Land","sectionType":"part","heading":"Zone 1 Urban Development","content":"# Sch 11 Part Land Zone 1 Urban Development\n\nLand Use Table\n\nZone 1 Urban Development\n\nZone C2 Environmental Conservation","sortOrder":1258},{"sectionNumber":"Sch 11 s 3","sectionType":"section","heading":"Permitted with consent","content":"#### Sch 11 s 3 Permitted with consent\n\n3 Permitted with consent\n\n> Any development not specified in item 2 or 4","sortOrder":1261},{"sectionNumber":"Sch 11 s 4","sectionType":"section","heading":"Prohibited","content":"#### Sch 11 s 4 Prohibited\n\n4 Prohibited\n\n> Air transport facilities; Animal boarding or training establishments; Boat building and repair facilities; Camping grounds; Caravan parks; Cemeteries; Charter and tourism boating facilities; Correctional centres; Crematoria: Depots; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Heavy industrial storage establishments; Heavy industries; Home occupations (sex services); Mooring pens; Moorings; Open cut mining; Port facilities; Resource recovery facilities; Rural industries","sortOrder":1262},{"sectionNumber":"Sch 11 Part 4","sectionType":"part","heading":"Principal development standards","content":"# Sch 11 Part 4 Principal development standards\n\nPart 4 Principal development standards","sortOrder":1267},{"sectionNumber":"Sch 11 Part 5","sectionType":"part","heading":"Miscellaneous provisions","content":"# Sch 11 Part 5 Miscellaneous provisions\n\nPart 5 Miscellaneous provisions","sortOrder":1273},{"sectionNumber":"Sch 11 s 5","sectionType":"section","heading":"Classification and reclassification of public land","content":"#### Sch 11 s 5 Classification and reclassification of public land\n\n5.2 Classification and reclassification of public land\n\n> > (1) The objective of this section is to enable the Council to classify or reclassify public land as “operational land” or “community land” in accordance with the [Local Government Act 1993](/view/html/inforce/current/act-1993-030), Chapter 6, Part 2.\n> \n> > (2) The public land described in this precinct plan, Schedule 4, Part 1 or Part 2 is classified, or reclassified, as operational land for the purposes of the [Local Government Act 1993](/view/html/inforce/current/act-1993-030).\n> \n> > (3) The public land described in this precinct plan, Schedule 4, Part 3 is classified, or reclassified, as community land for the purposes of the [Local Government Act 1993](/view/html/inforce/current/act-1993-030).\n> \n> > (4) The public land described in this precinct plan, Schedule 4, Part 1—\n> > \n> > > (a) does not cease to be a public reserve to the extent it is a public reserve, and\n> > \n> > > (b) continues to be affected by trusts, estates, interests, dedications, conditions, restrictions or covenants affecting the land before its classification, or reclassification, as operational land.\n> \n> > (5) The public land described in this precinct plan, Schedule 4, Part 2, to the extent it is a public reserve, ceases to be a public reserve when the description of the land is inserted into Part 2 and is discharged from all trusts, estates, interests, dedications, conditions, restrictions and covenants affecting the land or a part of the land, except—\n> > \n> > > (a) those specified for the land in this precinct plan, Schedule 4, Part 2, Column 3, and\n> > \n> > > (b) a reservation that excepts land out of the Crown grant relating to the land, and\n> > \n> > > (c) reservations of minerals, within the meaning of the [Crown Land Management Act 2016](/view/html/inforce/current/act-2016-058).\n> > \n> > Note—\n> > \n> > In accordance with the [Local Government Act 1993](/view/html/inforce/current/act-1993-030), section 30(2), before a description of public land is inserted in this precinct plan, Schedule 4, Part 2, the Governor must approve subsection (5) applying to the land.","sortOrder":1274},{"sectionNumber":"Sch 11 Part 6","sectionType":"part","heading":"Additional local provisions","content":"# Sch 11 Part 6 Additional local provisions\n\nPart 6 Additional local provisions","sortOrder":1281},{"sectionNumber":"Sch 11 s 6","sectionType":"section","heading":"Structure plan","content":"#### Sch 11 s 6 Structure plan\n\n6.1 Structure plan\n\n> > (1) The Planning Secretary may approve a structure plan for the Gilead (Part) Precinct.\n> \n> > (2) A structure plan must provide for the general layout of the precinct, including by identifying the following—\n> > \n> > > (a) the land proposed to be used for medium and low density residential development,\n> > \n> > > (b) the land proposed to be used for drainage and stormwater management,\n> > \n> > > (c) the land in Zone 1 Urban Development on which existing native vegetation must be protected and enhanced,\n> > \n> > > (d) the land in Zone C2 Environmental Conservation,\n> > \n> > > (e) the proposed height of buildings,\n> > \n> > > (f) the location of educational facilities, roads and transport infrastructure and retail and business premises, if any,\n> > \n> > > (g) the location of at least 29.1ha of open space, including—\n> > > \n> > > > (i) at least 20.9ha of open space for active recreation, including playing fields and associated facilities, and\n> > > \n> > > > (ii) at least 8.2ha of open space for passive recreation, including parks, gardens, conservation bushland and nature reserves,\n> > \n> > > (h) a koala underpass on Appin Road.\n> \n> > (3) The 29.1ha of open space identified in the structure plan under subsection (2)(g) must not include land identified as “Koala Corridor” on the [Koala Corridors Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-precincts-western-parkland-city-2021).\n> \n> > (4) A structure plan may contain other matters the Planning Secretary considers appropriate.\n> \n> > (5) A structure plan must be generally consistent with this precinct plan and the growth centre structure plan for the Greater Macarthur Growth Area.\n> \n> > (6) A structure plan approved by the Planning Secretary must be published on the Department’s website and takes effect on the day it is published.\n> \n> > (7) A structure plan may be amended and this section applies to the amendment of the structure plan in the same way it applies to a structure plan.\n> \n> > (8) Development consent must not be granted to development unless the consent authority is satisfied that the development is generally consistent with the structure plan.\n> \n> > (9) Subsection (8) does not apply to development for the following purposes—\n> > \n> > > (a) a subdivision for the purpose of a realignment of boundaries that does not create additional lots,\n> > \n> > > (b) a subdivision of land if any of the lots proposed to be created is to be reserved or dedicated for public open space, public roads, utilities or any other public or environment protection purpose,\n> > \n> > > (c) a subdivision of land in a zone in which the erection of structures is prohibited,\n> > \n> > > (d) development on land that is of a minor nature only, if the consent authority is of the opinion that the carrying out of the development would be consistent with the objectives of the zone in which the land is situated.","sortOrder":1282},{"sectionNumber":"Sch 11 Part 3","sectionType":"part","heading":"Land classified, or reclassified, as community land","content":"# Sch 11 Part 3 Land classified, or reclassified, as community land\n\nPart 3 Land classified, or reclassified, as community land\n\n| Column 1 | Column 2 |\n| Locality | Description |\n| Nil |  |","sortOrder":1301},{"sectionNumber":"Sch 1 s 1","sectionType":"section","heading":"Use of certain land in Mixed Use Zone","content":"#### Sch 1 s 1 Use of certain land in Mixed Use Zone\n\n1 Use of certain land in Mixed Use Zone\n\n> Development for the purposes of exhibition homes is permitted with development consent on land in the Mixed Use Zone if the exhibition homes are for the purposes of the public exhibition and marketing of new dwellings that are permitted with or without development consent in the Mixed Use Zone.","sortOrder":1304},{"sectionNumber":"Sch 1 s 2","sectionType":"section","heading":"Use of certain land at Sydney Science Park","content":"#### Sch 1 s 2 Use of certain land at Sydney Science Park\n\n2 Use of certain land at Sydney Science Park\n\n> > (1) This section applies to land at Sydney Science Park, identified as “Area 1” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-precincts-western-parkland-city-2021).\n> \n> > (2) Development for the following purposes is permitted with development consent—\n> > \n> > > (a) agricultural produce industries,\n> > \n> > > (b) biosolids treatment facilities,\n> > \n> > > (c) dual occupancies,\n> > \n> > > (d) dwelling houses,\n> > \n> > > (e) exhibition homes,\n> > \n> > > (f) exhibition villages,\n> > \n> > > (g) secondary dwellings,\n> > \n> > > (h) semi-detached dwellings,\n> > \n> > > (i) sewage treatment plants.","sortOrder":1305},{"sectionNumber":"Sch 1 s 3","sectionType":"section","heading":"Use of certain land at Luddenham Village","content":"#### Sch 1 s 3 Use of certain land at Luddenham Village\n\n3 Use of certain land at Luddenham Village\n\n> > (1) This section applies to land at Luddenham Village, identified as “Area 2” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-precincts-western-parkland-city-2021).\n> \n> > (2) Development for the following purposes is permitted with development consent—\n> > \n> > > (a) dual occupancies,\n> > \n> > > (b) dwelling houses,\n> > \n> > > (c) hotel or motel accommodation,\n> > \n> > > (d) registered clubs,\n> > \n> > > (e) secondary dwellings,\n> > \n> > > (f) serviced apartments.\n> \n> > (3) Subsection (2) applies only if the lot is not less than the minimum lot size for the land shown on the [Luddenham Village Minimum Lot Size Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-precincts-western-parkland-city-2021).","sortOrder":1306},{"sectionNumber":"Sch 1 s 4","sectionType":"section","heading":"Use of certain land at Adams Road, Luddenham","content":"#### Sch 1 s 4 Use of certain land at Adams Road, Luddenham\n\n4 Use of certain land at Adams Road, Luddenham\n\n> > (1) This section applies to Lot 2, DP 623799, 205 Adams Road, Luddenham, identified as “Area 3” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-precincts-western-parkland-city-2021).\n> \n> > (2) Development for the purposes of registered clubs is permitted with development consent.","sortOrder":1307},{"sectionNumber":"Sch 1 s 5","sectionType":"section","heading":null,"content":"#### Sch 1 s 5\n\n5 (Repealed)","sortOrder":1308},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Environmental heritage—Western Sydney Aerotropolis","content":"# Schedule 2 Environmental heritage—Western Sydney Aerotropolis\n\nSchedule 2 Environmental heritage—Western Sydney Aerotropolis\n\nsection 4.26\n\n**sch 2, hdg:** Am 2022 (112), Sch 1.1\\[52\\].\n\n**Appendix 2:** Am 2022 (93), Sch 1\\[1\\] \\[2\\]; 2022 (835), Sch 4\\[24\\]; 2023 (524), Sch 1.2\\[1\\]; 2024 (92), Sch 1\\[2\\]; 2025 (314), Sch 1\\[2\\] \\[3\\]; 2026 (286), Sch 1.8\\[16\\]; 2026 (312), Sch 1\\[3\\].\n\n**sch 2:** Am 2022 (112), Sch 1.1\\[53\\].","sortOrder":1309},{"sectionNumber":"Sch 2 Part 1","sectionType":"part","heading":"Heritage items","content":"# Sch 2 Part 1 Heritage items\n\nPart 1 Heritage items\n\n| Suburb | Item name | Address | Property description | Significance | Item no |\n| Badgerys Creek | McGarvie Smith Farm | 1793–1951 Elizabeth Drive | Lot 63, DP 1087838 | Local | I1 |\n| Bringelly | Kelvin | 30 The Retreat | Lots 2711–2714, DP 1128906 | State | I3 |\n| Bringelly | Mount Pleasant homestead | 3 Shannon Road | Lot 44, DP 581187 | Local | I4 |\n| Kemps Creek | The Fleurs Radio Telescope site | 885(a) Mamre Road | Lot 21, DP 258414 | Local | I5 |\n| Luddenham | Brick cottage | 21–55 Campbell Street | Lot 1, DP 972057 | Local | I6 |\n| Luddenham | Wilmington reserve | 17 Jamison Street | Lot 7004, DP 93052 | Local | I7 |\n| Luddenham | Lawson’s Inn site (former “The Thistle” site) | 2155 The Northern Road | Lots 3 and 7, DP 1234822 | Local | I9 |\n| Luddenham | Luddenham Public School | 2158 The Northern Road | Lot 1, DP 194409 | Local | I2 |\n| Luddenham | Weatherboard cottage | 3065–3067 The Northern Road | Lot 1, DP 930372 | Local | I10 |\n| Luddenham | Weatherboard cottage | 3075 The Northern Road | Lot 1, DP 304800 | Local | I11 |\n| Luddenham | Luddenham Progress hall | 3091–3095 The Northern Road | Lot 7, DP 1655 | Local | I12 |\n| Luddenham | Luddenham Uniting Church and cemetery | 3097–3099 The Northern Road | Lot 8, DP 1655 | Local | I13 |\n| Luddenham | St James Anglican Church and cemetery | 3101–3125 The Northern Road | Lot 2, DP 529143 | Local | I14 |\n| Luddenham | Showground | 428–452 Park Road | Lot 1, DP 931631; Lot 2, DP 972057 | Local | I15 |","sortOrder":1310},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":"Dictionary for Chapter 4","content":"# Schedule 3 Dictionary for Chapter 4\n\nSchedule 3 Dictionary for Chapter 4\n\nsection 4.2\n\nAdditional Permitted Uses Map means the [State Environmental Planning Policy (Precincts—Western Parkland City) 2021 Additional Permitted Uses Map—Aerotropolis](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-precincts-western-parkland-city-2021).\n\nAerotropolis Boundary Map means the [State Environmental Planning Policy (Precincts—Western Parkland City) 2021 Aerotropolis Boundary Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-precincts-western-parkland-city-2021).\n\nAirport means the Sydney West Airport under the [Airports Act 1996](http://www.legislation.gov.au/) of the Commonwealth, also known as the Western Sydney International (Nancy-Bird Walton) Airport.\n\napplicable land, for Part 4.6—see section 4.34.\n\nBradfield City Centre Map means the [State Environmental Planning Policy (Precincts—Western Parkland City) 2021 Bradfield City Centre Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-precincts-western-parkland-city-2021).\n\nBuilding Restricted Area Map means the [State Environmental Planning Policy (Precincts—Western Parkland City) 2021 Building Restricted Area Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-precincts-western-parkland-city-2021).\n\nCodes SEPP, for Part 4.6—see section 4.34.\n\nEnvironmental Conservation Areas Map means the [State Environmental Planning Policy (Western Sydney Parklands) 2009—Environmental Conservation Areas Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-precincts-western-parkland-city-2021).\n\nestimated development cost has the same meaning as in the [Environmental Planning and Assessment Regulation 2021](/view/html/inforce/current/sl-2021-0759).\n\nFlood Planning Map means the [State Environmental Planning Policy (Precincts—Western Parkland City) 2021 Flood Planning Map—Aerotropolis](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-precincts-western-parkland-city-2021).\n\nHeritage Map means the [State Environmental Planning Policy (Precincts—Western Parkland City) 2021 Heritage Map—Aerotropolis](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-precincts-western-parkland-city-2021).\n\nHigh Biodiversity Value Areas Map means the [State Environmental Planning Policy (Precincts—Western Parkland City) 2021 High Biodiversity Value Areas Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-precincts-western-parkland-city-2021).\n\nKey Sites Map means the [State Environmental Planning Policy (Precincts—Western Parkland City) 2021 Key Sites Map—Aerotropolis](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-precincts-western-parkland-city-2021).\n\nLand Application Map means the [State Environmental Planning Policy (Precincts—Western Parkland City) 2021 Land Application Map—Aerotropolis](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-precincts-western-parkland-city-2021).\n\nLand Reservation Acquisition Map means the [State Environmental Planning Policy (Precincts—Western Parkland City) 2021 Land Reservation Acquisition Map—Aerotropolis](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-precincts-western-parkland-city-2021).\n\nLand Zoning Map means the [State Environmental Planning Policy (Precincts—Western Parkland City) 2021 Land Zoning Map—Aerotropolis](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-precincts-western-parkland-city-2021).\n\nLighting Intensity and Wind Shear Map means the [State Environmental Planning Policy (Precincts—Western Parkland City) 2021 Lighting Intensity and Wind Shear Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-precincts-western-parkland-city-2021).\n\nLuddenham Village Minimum Lot Size Map means the [State Environmental Planning Policy (Precincts—Western Parkland City) 2021 Luddenham Village Minimum Lot Size Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-precincts-western-parkland-city-2021).\n\nmaster plan means a master plan approved by the Minister under section 4.41.\n\nNoise Exposure Contour Map means the [State Environmental Planning Policy (Precincts—Western Parkland City) 2021 Noise Exposure Contour Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-precincts-western-parkland-city-2021).\n\nObstacle Limitation Surface Map means the [State Environmental Planning Policy (Precincts—Western Parkland City) 2021 Obstacle Limitation Surface Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-precincts-western-parkland-city-2021).\n\nprecinct plan means a precinct plan approved by the Minister under section 4.38.\n\nprescribed airspace means the airspace—\n\n> (a) above part of an OLS or PANS-OPS surface, within the meaning of the [Airports (Protection of Airspace) Regulations 1996](http://www.legislation.gov.au/) of the Commonwealth, for the Airport, and\n\n> (b) declared, under regulation 5 of the [Airports (Protection of Airspace) Regulations 1996](http://www.legislation.gov.au/) of the Commonwealth, to be prescribed airspace.\n\nPublic Safety Area Map means the [State Environmental Planning Policy (Precincts—Western Parkland City) 2021 Public Safety Area Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-precincts-western-parkland-city-2021).\n\nrelevant Commonwealth body means—\n\n> (a) the airport-lessee company for the Airport within the meaning of the [Airports Act 1996](http://www.legislation.gov.au/) of the Commonwealth, or\n\n> (b) if there is no airport-lessee company for the Airport—the Secretary of the body, under Commonwealth legislation, that is responsible for development approvals for development that penetrates the prescribed airspace.\n\nrelevant land, for Part 4.6—see section 4.34.\n\nthe Act means the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203).\n\nSydney Science Park Map means the [State Environmental Planning Policy (Precincts—Western Parkland City) 2021 Sydney Science Park Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-precincts-western-parkland-city-2021).\n\nTransport Corridors Map means the [State Environmental Planning Policy (Precincts—Western Parkland City) 2021 Transport Corridors Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-precincts-western-parkland-city-2021).\n\nWarragamba Pipelines Map means the [State Environmental Planning Policy (Precincts—Western Parkland City) 2021 Warragamba Pipelines Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-precincts-western-parkland-city-2021).\n\nWestern Sydney Aerotropolis means the land shown on the [Aerotropolis Boundary Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-precincts-western-parkland-city-2021).\n\nWestern Sydney Aerotropolis Plan means the document entitled Western Sydney Aerotropolis Plan published by the Department on 1 October 2020 and available on the NSW planning portal.\n\nWildlife Buffer Zone Map means the [State Environmental Planning Policy (Precincts—Western Parkland City) 2021 Wildlife Buffer Zone Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-precincts-western-parkland-city-2021).\n\nWind Turbines Map means the [State Environmental Planning Policy (Precincts—Western Parkland City) 2021 Wind Turbines Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-precincts-western-parkland-city-2021).\n\n**Appendix 3:** Rep 2022 (835), Sch 4\\[25\\] (transferred to State Environmental Planning Policy (Precincts—Central River City) 2021, Appendix 13). Ins 2026 (312), Sch 1\\[4\\]. Am 2026 (286), Sch 1.8\\[17\\].\n\n**sch 3:** Subst 2022 (112), Sch 1.1\\[54\\]. Am 2023 (523), Sch 2.6\\[9\\]; 2025 (351), Sch 1\\[2\\]; 2026 (168), Sch 2\\[3\\].","sortOrder":1311},{"sectionNumber":"Sch 4 Part 1","sectionType":"part","heading":"Description of Penrith Lakes Scheme","content":"# Sch 4 Part 1 Description of Penrith Lakes Scheme\n\nPart 1 Description of Penrith Lakes Scheme\n\nsection 5.6","sortOrder":1313},{"sectionNumber":"Sch 4 s 1","sectionType":"section","heading":"Description of Penrith Lakes Scheme","content":"#### Sch 4 s 1 Description of Penrith Lakes Scheme\n\n1 Description of Penrith Lakes Scheme\n\n> The Penrith Lakes Scheme is the creation of a regional recreational lake system, as shown on the structure plan, for the benefit of the public, including the identification of land for possible future urban purposes, as a result of the following—\n> \n> > (a) the staged optimum extraction of sand and gravel reserves,\n> \n> > (b) the staged rehabilitation, reconstruction and landscaping of the land,\n> \n> > (c) the staged formation of a series of interconnected lakes.","sortOrder":1314},{"sectionNumber":"Sch 4 Part 2","sectionType":"part","heading":"Additional permitted uses","content":"# Sch 4 Part 2 Additional permitted uses\n\nPart 2 Additional permitted uses\n\nsection 5.17A","sortOrder":1315},{"sectionNumber":"Sch 4 s 2","sectionType":"section","heading":"Development on certain land at Old Castlereagh Road, Castlereagh","content":"#### Sch 4 s 2 Development on certain land at Old Castlereagh Road, Castlereagh\n\n2 Development on certain land at Old Castlereagh Road, Castlereagh\n\n> > (1) This section applies to Part Lot 2, DP 236125, Old Castlereagh Road, Castlereagh, identified as “Area 1” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-precincts-western-parkland-city-2021).\n> \n> > (2) Development for the purposes of office premises is permitted with development consent if the consent authority is satisfied—\n> > \n> > > (a) the provision of public access, including access for disabled persons, along the foreshore will not be compromised by the development, and\n> > \n> > > (b) the development will include a pedestrian pathway and a cycleway along the foreshore, and\n> > \n> > > (c) each building resulting from the development will be designed and orientated to provide active frontages to the pedestrian pathway along the foreshore, and\n> > \n> > > (d) access for the maintenance of the natural lake system will not be compromised by the development.","sortOrder":1316},{"sectionNumber":"Sch 4 s 3","sectionType":"section","heading":"Development on land at 100 Castlereagh Road, Castlereagh","content":"#### Sch 4 s 3 Development on land at 100 Castlereagh Road, Castlereagh\n\n3 Development on land at 100 Castlereagh Road, Castlereagh\n\n> > (1) This section applies to Lot 2, DP 1013504, 100 Castlereagh Road, Castlereagh, identified as “Area 2” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-precincts-western-parkland-city-2021).\n> \n> > (2) Development for the purposes of a heliport is permitted with development consent.","sortOrder":1317},{"sectionNumber":"Sch 5 s 1","sectionType":"section","heading":null,"content":"#### Sch 5 s 1\n\n1\n\nThe following matters—\n\n> (a) justification of the proposed development in the context of [State Environmental Planning Policy (Penrith Lakes Scheme) 1989](/view/html/repealed/current/epi-1986-0018),\n\n> (b) a full description of the proposed development,\n\n> (c) a statement of the objectives of the proposed development,\n\n> (d) a full description of the existing environment likely to be affected by the proposed development if carried out,\n\n> (e) identification and analysis of the likely environmental interactions between the proposed development and the environment,\n\n> (f) analysis of the likely environmental impacts or consequences of carrying out the proposed development (including implications for use and conservation of energy),\n\n> (g) justification of the proposed development in terms of environmental, economic and social considerations,\n\n> (h) measures to be taken in conjunction with the proposed development to protect the environment and an assessment of the likely effectiveness of those measures,\n\n> (i) energy requirements of the proposed development,\n\n> (j) any feasible alternatives to the carrying out of the proposed development and the reasons for choosing the latter, and\n\n> (k) the consequences of not carrying out the proposed development.","sortOrder":1319},{"sectionNumber":"Sch 5 s 2","sectionType":"section","heading":null,"content":"#### Sch 5 s 2\n\n2\n\nIn addition to the matters listed in section 1, particular regard must be given to the following matters—\n\n> (a) relationship and extent of the proposed development to the completed scheme,\n\n> (b) where appropriate, the integration of the proposed development with development previously carried out,\n\n> (c) the sequence of extraction and rehabilitation where the proposed development is for or includes an extractive industry,\n\n> (d) unless the land is to be dedicated to the Crown, the proposed control and management of the land,\n\n> (e) the management and control of water resources including—\n> \n> > (i) the source of water in order to fill any lake (including the quality and quantity of water from that source),\n> \n> > (ii) water reticulation systems from the Nepean River to any lake, from lake to lake and from any lake to the Nepean River,\n> \n> > (iii) the water quality of any lake (including the aquatic ecosystem),\n> \n> > (iv) water treatment facilities,\n> \n> > (v) water depth of any lake,\n> \n> > (vi) flood control,\n> \n> > (vii) storm water control,\n> \n> > (viii) the effect that development would have upon the quantity and quality of the existing groundwater as well as the level of the existing groundwater table,\n> \n> > (ix) lake usage,\n> \n> > (x) staged development of the lakes and their usage during staged development,\n> \n> > (xi) the need to monitor the water quality of the lakes having regard to their intended use, and\n> \n> > (xii) the effect upon the Hawkesbury/Nepean River system,\n\n> (f) the rehabilitation and reconstruction of the land including—\n> \n> > (i) landscape design,\n> \n> > (ii) the structural stability and soil compaction of landforms (including, where appropriate, the land shown on the structure plan as future urban),\n> \n> > (iii) the stability and impermeability of the Nepean River embankment,\n> \n> > (iv) soil conservation, and\n> \n> > (v) revegetation,\n\n> (g) any effect upon a locality, place or building not listed in Schedule 3 having aesthetic, anthropological, archaeological, architectural, cultural, historical, scientific or social significance or other special value for present or future generations,\n\n> (h) measures to be taken to conserve and preserve items of environmental heritage listed in Schedule 3 including, where appropriate, a conservation plan, and\n\n> (i) access to, the supply of water from any existing service to, and the supply of and access to municipal and utility services to, land to which Chapter 5 applies other than that part of that land the subject of the application.","sortOrder":1320},{"sectionNumber":"Schedule 6","sectionType":"schedule","heading":"Items of the environmental heritage","content":"# Schedule 6 Items of the environmental heritage\n\nSchedule 6 Items of the environmental heritage\n\n(Section 5.33)\n\nHadley Park, lots 1 and 2, MPS (OS) 8807, Parish of Castlereagh, County of Cumberland (shown as Heritage Item No 1 on the structure plan).\n\nNepean Park, part portion 48, Parish of Castlereagh, County of Cumberland (shown as Heritage Item No 2 on the structure plan).\n\nMcCarthys Cemetery, part portion 82, Parish of Castlereagh, County of Cumberland (shown as Heritage Item No 3 on the structure plan).\n\nUpper Castlereagh Methodist Church and Hall, part portion 71, Parish of Castlereagh, County of Cumberland (shown as Heritage Item No 4 on the structure plan).\n\nUpper Castlereagh School and Residence, part portion 54, Parish of Castlereagh, County of Cumberland (shown as Heritage Item No 5 on the structure plan). Permanent Conservation Order No 339 under the [Heritage Act 1977](/view/html/inforce/current/act-1977-136), applies to Upper Castlereagh School.\n\nMethodist Cemetery, part portion 71, Parish of Castlereagh, County of Cumberland (shown as Heritage Item No 6 on the structure plan).\n\n**Appendix 6:** Am 2022 (835), Sch 4\\[24\\]; 2023 (524), Sch 1.2\\[1\\]; 2023 (609), Sch 2.21\\[19\\]–\\[21\\]; 2024 (92), Sch 1\\[2\\]; 2026 (286), Sch 1.8\\[20\\].","sortOrder":1321},{"sectionNumber":"Schedule 7","sectionType":"schedule","heading":"Definitions—Chapter 6","content":"# Schedule 7 Definitions—Chapter 6\n\nSchedule 7 Definitions—Chapter 6\n\n(Section 6.4)\n\n**sch 7, hdg:** Am 2023 (609), Sch 2.21\\[22\\].\n\nAEP or annual exceedence probability means the chance, expressed as a percentage, of a flood occurring in any one year.\n\nadvertisement means the display of symbols, messages or other devices for promotional purposes or for conveying information, instructions, directions or the like, whether or not the display includes the erection of a structure or the carrying out of a work.\n\nagriculture means—\n\n> (a) cultivating fruit, vegetable or flower crops, or\n\n> (b) keeping or breeding livestock, bees or poultry or other birds,\n\nfor commercial purposes, but does not include the use of land for an intensive livestock keeping establishment or for intensive plant agriculture.\n\nairline terminal means a building or place used for the assembly of passengers and goods prior to the transport of those passengers and goods either to or from an airport or an aerodrome.\n\namusement centre means a building or place in or at which—\n\n> (a) four or more tables are used for playing pool, snooker, billiards or other like games, or\n\n> (b) four or more electrically or mechanically operated amusement devices, such as pinball machines, are played.\n\nbackpackers’ hostel means a building having an average of two or more beds in each room and providing temporary shared accommodation for travellers and tourists who have their principal place of residence elsewhere, but (in Part 6) does not include a building or place specifically defined elsewhere in this Schedule.\n\nbed and breakfast establishment means a dwelling house used by its permanent residents to provide short-term paid accommodation (which may include meals) for visitors on a room basis and includes homestay accommodation, but which does not—\n\n> (a) accommodate more than six visitors at any one time, or\n\n> (b) involve the employment of persons other than those residents, or\n\n> (c) interfere with the amenity of the neighbourhood due to the generation of vehicular traffic, the attraction of customers, or the reduction of car parking in the vicinity of the land to which Chapter 6 applies, or\n\n> (d) involve the sale of liquor or sale of goods from the land to which Chapter 6 applies, or\n\n> (e) involve the provision of a reception centre or a recreation facility.\n\nboarding house means a building or place—\n\n> (a) where accommodation, meals and laundry facilities are provided to residents of the building or place, and\n\n> (b) which is not licensed to sell liquor within the meaning of the [Liquor Act 1982](/view/html/repealed/current/act-1982-147).\n\nbrothel means premises used for the purposes of prostitution by one or more prostitutes.\n\nbuilding has the same meaning as in section 4 of the Act.\n\nbuilding area means the floor area of a building as measured to the external face of each floor, including all enclosed floor space and enclosed garages.\n\nbulky goods retailing means use of a building or place for the sale by retail or auction, or the hire or display, of any of the following or the like—\n\n> (a) furniture,\n\n> (b) electrical goods,\n\n> (c) toy and sporting equipment,\n\n> (d) office furniture,\n\n> (e) hardware,\n\n> (f) outdoor products,\n\n> (g) floor coverings,\n\n> (h) automotive parts and accessories,\n\n> (i) lighting,\n\n> (j) antiques and second hand goods,\n\n> (k) kitchen or bathroom showrooms,\n\n> (l) tiles (floor, ceiling or wall).\n\nbush fire hazard reduction means a reduction or modification (by controlled burning or by mechanical, chemical or manual means) of material that constitutes a bush fire hazard.\n\ncall centre means a commercial activity where persons are primarily employed to make and receive telephone calls, carried out in a building or part of a building that could readily and economically be adapted for use as a warehouse.\n\ncaravan park means land (including a camping ground) on which caravans (or caravans and other moveable dwellings) are, or are to be, placed or erected.\n\ncentre-based child care facility has the same meaning as in the standard instrument for a local environmental plan prescribed by the [Standard Instrument (Local Environmental Plans) Order 2006](/view/html/inforce/current/epi-2006-0155).\n\nclub means a building used by persons associated, or by a body incorporated, for social, literary, political, sporting, athletic or other lawful purposes whether of the same or a different kind and whether or not the whole or part of such building is the premises of a club registered under the [Registered Clubs Act 1976](/view/html/inforce/current/act-1976-031).\n\ncommercial premises means a building or place used as an office or for other business or commercial purposes, but (in Part 6) does not include a building or place elsewhere specifically defined in this Schedule or a building or place used for a land use elsewhere specifically defined in this Schedule.\n\ncommunity facility means a building, place or any other facility, whether or not provided by the relevant council, provided for use by groups having similar physical, cultural, social, recreational, ethnic or other interests or beliefs, but (in Part 6) does not include a club which is registered under the [Registered Clubs Act 1976](/view/html/inforce/current/act-1976-031) or a building or place specifically defined elsewhere in this Schedule.\n\nconsent authority is defined in section 6.19.\n\ndemolition of a building or work means the damaging, defacing, destruction, pulling down or removal of the building or work, in whole or in part.\n\ndevelopment agreement means a legally enforceable agreement to which an owner of land to which Chapter 6 applies is a party, together with one or more of the Crown in right of the State of New South Wales, Penrith City Council or Blacktown City Council, and which makes provision for services, infrastructure or facilities to support the development of land to which Chapter 6 applies or for the transfer of land ownership.\n\ndrain means any channel, conduit or pipe used for removing water other than sewage, and includes stormwater detention basins.\n\ndual occupancy development means development that results in two dwellings (whether attached or detached) on a single allotment of land (or which would have that result were it not for the fact that the allotment is to be subdivided as part of the development), however that development is described or provided for in an environmental planning instrument.\n\neducational establishment has the same meaning as in the standard instrument for a local environmental plan prescribed by the [Standard Instrument (Local Environmental Plans) Order 2006](/view/html/inforce/current/epi-2006-0155).\n\nenvironmental planning strategy means the St Marys Environmental Planning Strategy, 2000 of the Department, as amended by any amendments adopted by the Director from time to time.\n\nessential community service means a service which, if adversely affected by flooding or other natural disaster, would result in significant inconvenience to the community or increased risk to life or property, including a police, hospital, fire fighting and telephone service.\n\nexhibition home means a dwelling built for the purposes of public exhibition and marketing which is intended to be sold as a private dwelling after it has been used for those purposes and may include a sales office, and a place for providing home financing and a building or furnishing materials display, and the like.\n\nexhibition village means a contiguous group of exhibition homes and other buildings or works used for the purpose of promoting house sales including sales offices, and places used for providing home financing, a materials display and the sale of take-away food and the like.\n\nextractive industry means—\n\n> (a) winning extractive material, or\n\n> (b) an undertaking, not being a mine, which depends for its operation on the winning of extractive material from the land on which it is carried out and includes any washing, crushing, grinding, milling, sawing or separating into different sizes of that extractive material on that land.\n\nextractive material means sand, gravel, turf, soil, rock, stone, sandstone or a similar substance.\n\nfast food take-away restaurant means a building or place (including a take-away restaurant, drive-in take-away restaurant or the like) where food or drink is prepared or offered for sale, whether or not the food or drink is consumed in that building or place or elsewhere, but (in Part 6) does not include a building or place specifically defined elsewhere in this Schedule.\n\nflood mitigation works means works and measures which are intended to reduce or eliminate the effects of flooding.\n\nFlood Risk Management Manual means the Flood Risk Management Manual, ISBN 978-1-923076-17-4, published by the NSW Government in June 2023.\n\nforestry includes arboriculture, silviculture and the harvesting of trees and shrubs for the purpose of—\n\n> (a) afforestation, forest protection, the cutting, dressing and preparing (otherwise than in a sawmill) of wood and forest products, or\n\n> (b) establishing roads necessary for the removal of wood and forest products and for forest protection.\n\ngeneral store means a shop which operates primarily to serve the surrounding residential area and does not exceed 100 square metres in gross floor area, and which may include the facilities of a post office, newsagency or dry cleaning agency.\n\ngenerating works means a building or place used for the purpose of making or generating gas, electricity or other forms of energy.\n\ngross floor area means the sum of the areas of each floor of a building where the area of each floor is taken to be the area within the outer face of the external enclosing walls as measured at a height of 1,400 millimetres above each floor level, but excluding—\n\n> (a) columns, fin walls, sun control devices, awnings and any other elements, projections or works outside the general lines of the outer face of the external walls, and\n\n> (b) lift towers, cooling towers, machinery and plant rooms, ancillary storage space and air-conditioning ducts, and\n\n> (c) car parking needed to meet any requirements of the relevant council and any internal space used solely for vehicular or pedestrian access to that parking, and\n\n> (d) space for the loading and unloading of goods, and\n\n> (e) internal public arcades and thoroughfares, terraces and balconies with outer walls less than 1,400 millimetres high.\n\nguesthouse means a building or buildings used for paid accommodation for visitors, but only where—\n\n> (a) the building or buildings are of a domestic scale of architecture, and\n\n> (b) the building or buildings incorporate common facilities for the provision of meals, either to persons temporarily resident or to the public, and whether or not those facilities are licensed, and\n\n> (c) the use of the land does not interfere with the amenity of the neighbourhood due to the generation of vehicular traffic, the attraction of customers or the reduction of car parking in the vicinity of the land to which Chapter 6 applies.\n\nhazardous industry means an industry which, when in operation and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the development from existing or likely future development on other land in the locality), would pose a significant risk in relation to the locality—\n\n> (a) to human health, life or property, or\n\n> (b) to the biophysical environment.\n\nhazardous storage establishment means any establishment where goods, materials or products are stored which, when in operation and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the establishment from existing or likely future development on other land in the locality) would pose a significant risk in relation to the locality—\n\n> (a) to human health, life or property, or\n\n> (b) to the biophysical environment.\n\nhealth care professional means a person who provides professional health services to members of the public.\n\nhelipad means a place not open to the public used for the taking off and landing of helicopters.\n\nheliport means a place open to the public used for the taking off and landing of helicopters, whether or not it includes—\n\n> (a) a terminal building, or\n\n> (b) facilities for the parking, storage and repair of helicopters.\n\nhome activity means a business carried out in a dwelling house or dwelling, or within the site area of a dwelling house or dwelling, by the permanent residents of the dwelling house or dwelling, and which does not involve—\n\n> (a) the employment of persons other than those residents, or\n\n> (b) customers or clients visiting the premises at any time, or\n\n> (c) the display of goods, whether in a window or otherwise, or\n\n> (d) the sale of goods by retail from the land to which Chapter 6 applies, or\n\n> (e) the exhibition of an advertisement (other than an advertisement exhibited on that dwelling house or dwelling to indicate the name or occupation of the residents), or\n\n> (f) the registration of the dwelling house or dwelling under the [Shops and Industries Act 1962](/view/html/repealed/current/act-1962-043), or\n\n> (g) interference with the amenity of the neighbourhood by the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, or the like, or\n\n> (h) interference with the amenity of the neighbourhood due to the generation of vehicular traffic, the reduction of parking in the vicinity of the land to which Chapter 6 applies, or the like, or\n\n> (i) exposure to view, from any adjacent premises or from any public place, of any unsightly matter.\n\nhome business means a business carried out, or partly carried out, in a dwelling house or dwelling, or within the site area of a dwelling house or dwelling, by the permanent residents of the dwelling house or dwelling, and which does not involve—\n\n> (a) the employment of more than two persons, at any one time, in addition to the permanent residents, or\n\n> (b) the exhibition of an advertisement (other than an advertisement exhibited on that dwelling house or dwelling to indicate the name or occupation of the residents), or\n\n> (c) interference with the amenity of the neighbourhood by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, or the like, or\n\n> (d) interference with the amenity of the neighbourhood due to the generation of vehicular traffic, the reduction of car parking in the vicinity of the land to which Chapter 6 applies, visitation by customers or clients, or the like, or\n\n> (e) exposure to view, from any adjacent premises or from any public place, of any unsightly matter, or\n\n> (f) the provision of any essential service main of a greater capacity than that available in the locality, or\n\n> (g) the use of premises for a brothel.\n\nhospital means a building or place (other than an institution) used for the purpose of providing professional health care services (such as preventative or convalescent care, diagnosis, medical or surgical treatment, care for people with developmental disabilities, psychiatric care or counselling) to people admitted as in-patients (whether or not out-patients are also cared for or treated there), and may include—\n\n> (a) ancillary facilities for the accommodation of nurses or other health care workers, and\n\n> (b) ancillary shops or restaurants, and\n\n> (c) ancillary accommodation for persons receiving health care or for their visitors, and\n\n> (d) facilities situated in the building or at the place and used for educational or research purposes, whether or not they are used only by hospital staff or health care workers, and whether or not any such use is a commercial use.\n\nhotel means premises specified in a hotelier’s license granted under the [Liquor Act 1982](/view/html/repealed/current/act-1982-147).\n\nhousing means development of a nature intended to create one or more dwellings, including dwelling houses, dual occupancies, multi-unit housing, housing for older people or people with disabilities, or any combination of them.\n\nhousing for older people or people with a disability has the same meaning as in State Environmental Planning Policy No 5—Housing For Older People or People with a Disability.\n\nindustry means—\n\n> (a) any manufacturing process within the meaning of the [Shops and Industries Act 1962](/view/html/repealed/current/act-1962-043), or\n\n> (b) the breaking up or dismantling of any goods or any article for trade or sale or gain or as ancillary to any business,\n\nbut (in Part 6) does not include an extractive industry or other land use specifically defined elsewhere in this Schedule.\n\ninstitution means a penal or reformative establishment.\n\nintensive livestock keeping establishment means a building or place in which or on which cattle, sheep, goats, poultry or other livestock are held for the purpose of nurturing by a feeding method other than natural grazing and, without limiting the generality of the foregoing, includes—\n\n> (a) feed lots, and\n\n> (b) piggeries, and\n\n> (c) poultry farms, and\n\n> (d) places used for fish farming (including farming of crustaceans),\n\nbut does not include buildings or places used for the keeping of livestock or poultry intended solely for personal consumption or enjoyment by the owner or occupier of the land.\n\nintensive urban development area means the area of land identified as “Intensive Urban Development Area” on [the Zoning Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-precincts-western-parkland-city-2021).\n\nitem of environmental heritage means a building, place, work or relic indicated as such an item on the Heritage Map.\n\njunk yard means land used for the collection, storage, abandonment or sale of scrap metals, waste paper, rags, bottles or other scrap materials or goods or used for the collecting, dismantling, storage, salvaging or abandonment of automobiles or other vehicles or machinery or for the sale of parts of them.\n\nlight industry means an industry, not being an offensive or hazardous industry, in which the processes carried on, the transportation involved or the machinery or materials used do not, in the opinion of the consent authority, interfere with the amenity of the surrounding neighbourhood by reason of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, or otherwise.\n\nliquid fuel depot means a depot or place used for the bulk storage for wholesale distribution of petrol, oil, petroleum or other inflammable liquid.\n\nlocal retail or commercial premises means retail or commercial buildings of a scale and nature appropriate to service the needs of people living or working on the land to which Chapter 6 applies, and may include but is not limited to things such as supermarkets, newsagencies, butchers’, fruit and vegetable or hairdressers’ shops, real estate agents’ premises, and banks.\n\nmap means a map kept in the Parramatta office of the Department and a copy of which is held in the office of each consent authority.\n\nmedical centre means a building or place used for the purpose of providing professional health services (including preventative care, diagnosis, medical or surgical treatment and counselling) to out-patients only.\n\nmine means the obtaining (by methods including excavating, quarrying, dredging, tunnelling or drilling) or removal of minerals, petroleum or natural gas and includes the storage and processing of the mineral obtained.\n\nmineral has the same meaning as in the [Mining Act 1992](/view/html/inforce/current/act-1992-029).\n\nmineral sand mine means a mine used for or in connection with the purpose of obtaining ilmenite, monazite, rutile, zircon or similar minerals.\n\nmotel means a building (other than a backpackers’ hostel, bed and breakfast establishment, guesthouse, hotel or multi-unit housing) used principally for the overnight accommodation of travellers and the parking of their vehicles, whether or not the building incorporates a common facility for the provision of meals, either to persons temporarily resident or to the public, and whether or not those facilities are licensed.\n\nmotor showroom means a building or place used for the display or sale of motor vehicles, caravans or boats, whether or not motor vehicle accessories, caravan accessories or boat accessories are sold or displayed in or on it.\n\nmulti-unit housing means a building or buildings containing three or more dwellings and includes forms of residential buildings commonly known as apartments, boarding houses, cluster housing, integrated housing, residential flat buildings, serviced apartments, row houses, terrace houses, townhouses or villas and the like.\n\nnatural ground level is the ground surface level prior to any development, including any cutting, filling and grading, and, where the existing ground level differs from the natural ground level, the natural ground level is taken to be as determined by the relevant council after taking into account any information concerning its location.\n\nnursing home means accommodation for older people that provides—\n\n> (a) meals and cleaning services, and\n\n> (b) personal care or nursing care, or both, and\n\n> (c) appropriate staffing, furniture, furnishings and equipment for the provision of that accommodation and care,\n\nbut does not include a dwelling, hospital or psychiatric facility.\n\noffensive industry means a development for the purposes of an industry which, when the development is in operation and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the development from existing or likely future development on other land in the locality) would emit a polluting discharge (including, for example, noise) in a manner which would have a significant adverse impact in the locality or on existing or likely future development on the other land in the locality.\n\noffensive storage establishment means any establishment where goods, materials or products are stored which, when in operation and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the establishment from existing or likely future development on other land in the locality) would emit a polluting discharge (including, for example, noise) in a manner which would have a significant adverse impact in the locality or on existing or likely future development on the other land in the locality.\n\nparking area means a building or place, including ground level areas or deck parking structures, used for parking vehicles and includes any associated vehicle manoeuvring areas, whether the building or place is used for the purpose of gain or not.\n\nplace of assembly means a public hall, theatre, cinema, music hall, concert hall, dance hall, open-air theatre, music bowl or any other building of a like character used as such and whether used for the purpose of gain or not, but does not include a place of worship, an institution or an educational establishment.\n\nplace of worship means a building or place used predominantly for the purpose of religious worship, whether or not the building or place is also used for counselling, social events or religious training by a congregation or religious group.\n\nPMF or probable maximum flood level is shown on the Structure Plan. It is indicative of the level of the maximum flood which is likely to occur.\n\nprecinct means an area of land shown by distinctive colouring on the Structure Plan, and identified on that plan as—\n\n> (a) the Western Precinct, or\n\n> (b) the Central Precinct, or\n\n> (c) the Eastern Precinct, or\n\n> (d) the Ropes Creek Precinct, or\n\n> (e) the Dunheved North Precinct, or\n\n> (f) the Dunheved South Precinct.\n\nprecinct plan means a plan prepared in accordance with Part 3 and adopted by either the relevant council or the Minister.\n\nprofessional consulting rooms means a room or a number of rooms forming either the whole of or part of, attached to or within the curtilage of, a dwelling house and used by not more than three legally qualified medical practitioners or by not more that three dentists within the meaning of the [Dentists Act 1989](/view/html/repealed/current/act-1989-139), or by not more than three health care professionals, who practise there the profession of medicine, dentistry or health care, respectively, and, if more than one, practise in partnership, and who employ not more than three employees in connection with that practice.\n\npublic building means a building used as offices or for administrative or other like purposes by the Crown, a statutory body, a council or an organisation established for public purposes.\n\nrecreation establishment means health farms, religious retreat houses, rest homes, youth camps and the like, but (in Part 6) does not include a building or place elsewhere specifically defined in this Schedule or a building or place used or intended for use for a land use elsewhere specifically defined in this Schedule.\n\nrecreation facility means a building or place used for sporting, recreational or leisure activities, an information or visitor centre or a shop selling take-away food or tourist related items, whether or not operated for the purpose of gain, and may consist of or include—\n\n> (a) a swimming pool, golf course, tennis court, bowling green or playing field, and\n\n> (b) a paint ball park or gun club, and\n\n> (c) a go-kart track, skating rink, skateboard and rollerblade ramp or mini-golf course, and\n\n> (d) a bowling alley, pinball and video parlour or pool hall.\n\nregeneration activity means any action undertaken in relation to propagation of native vegetation, including the taking of earth and seed, its removal to the area being regenerated, the planting or transplanting of flora from one area to the area being regenerated and the carrying out of any associated works.\n\nrelevant council means the council of the area within which the land concerned is situated.\n\nrelic means any deposit, object or material evidence—\n\n> (a) that relates to the settlement of the land to which Chapter 6 applies (not being Aboriginal settlement), and\n\n> (b) that is 50 or more years old.\n\nrenovation, in relation to a building or work, means—\n\n> (a) the making of structural changes to the inside or outside of the building or work, or\n\n> (b) the making of non-structural changes to the fabric or appearance of the outside of the building or work.\n\nrestaurant means a building or place (such as a café, tearoom or the like) the purpose of which is to provide food and drink to people for consumption only in that building or place, but (in Part 6) does not include a building or place specifically defined elsewhere in this Schedule.\n\nretail plant nursery means a building or place used for both the growing and retail selling of plants, whether or not ancillary products are sold there.\n\nroadside stall means a place or temporary structure used for the selling by retail of agricultural produce produced on the allotment of land on which the place or temporary structure is located.\n\nrural industry means a business activity involving—\n\n> (a) the handling, treating, processing or packing of primary products, or\n\n> (b) regular servicing or repairing of plant or equipment used for the purpose of agriculture, aquaculture or a business referred to in paragraph (a).\n\nsawmill means a mill used for handling, cutting and processing timber from logs or baulks.\n\nservice station means a building or place used for the fuelling of motor vehicles involving the sale by retail of petrol, oil or other petroleum products, whether or not the building or place is also used for one or more of the following—\n\n> (a) the hiring of trailers,\n\n> (b) the retail selling or the installing of spare parts and accessories for motor vehicles,\n\n> (c) the washing and greasing of motor vehicles,\n\n> (d) the repairing or servicing of motor vehicles,\n\n> (e) the retail selling or hiring of small consumer goods,\n\nbut does not include a building or place used for body building or the panel beating or spray painting of vehicles.\n\nshop means a building or place used for the selling, exposing or offering for sale by retail, of goods, merchandise or materials, but (in Part 6) does not include a building or place elsewhere specifically defined in this Schedule, or a building or place used for a land use elsewhere specifically defined in this Schedule.\n\nstock and sale yard means a building or place used for the purpose of offering livestock or poultry for sale.\n\nthe Act means the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203).\n\nthe Council means the Council of the City of Blacktown, in relation to land within that City, or the Council of the City of Penrith, in relation to land within that City.\n\nthe Heritage Map means the map marked “[Sydney Regional Environmental Plan No 30—St Marys—Non Aboriginal Items of Heritage](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-precincts-western-parkland-city-2021)”, as amended by the maps, or sheets of maps, marked as follows—\n\nEditorial note.\n\nThe amending maps are not necessarily listed in the order of publication on the NSW legislation website. Information about the order of publication can be determined by referring to the Historical notes at the end of the plan.\n\n> [Sydney Regional Environmental Plan No 30—St Marys—Non Aboriginal Items of Heritage (Amendment No 2)](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-precincts-western-parkland-city-2021)\n\n> [Sydney Regional Environmental Plan No 30—St Marys—Non Aboriginal Items of Heritage (Amendment No 3)](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-precincts-western-parkland-city-2021)\n\nthe Structure Plan means the map marked “[Sydney Regional Environmental Plan No 30—St Marys—Structure Plan](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-precincts-western-parkland-city-2021)”, as amended by the maps, or sheets of maps, marked as follows—\n\nEditorial note.\n\nThe amending maps are not necessarily listed in the order of gazettal or publication on the NSW legislation website. Information about the order of gazettal or publication can be determined by referring to the Historical notes at the end of the plan.\n\n> [Sydney Regional Environmental Plan No 30—St Marys—Structure Plan (Amendment No 1)](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-precincts-western-parkland-city-2021)\n\n> [Sydney Regional Environmental Plan No 30—St Marys—Structure Plan (Amendment No 2)](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-precincts-western-parkland-city-2021)\n\n> [Sydney Regional Environmental Plan No 30—St Marys—Structure Plan (Amendment No 3)](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-precincts-western-parkland-city-2021)\n\nthe Zoning Map means the map marked “[Sydney Regional Environmental Plan No 30—St Marys—Zoning](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-precincts-western-parkland-city-2021)”, as amended by the maps, or sheets of maps, marked as follows—\n\nEditorial note.\n\nThe amending maps are not necessarily listed in the order of gazettal or publication on the NSW legislation website. Information about the order of gazettal or publication can be determined by referring to the Historical notes at the end of the plan.\n\n> [Sydney Regional Environmental Plan No 30—St Marys—Zoning (Amendment No 1)](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-precincts-western-parkland-city-2021)\n\n> [Sydney Regional Environmental Plan No 30—St Marys—Zoning (Amendment No 2)](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-precincts-western-parkland-city-2021)\n\n> [Sydney Regional Environmental Plan No 30—St Marys—Zoning (Amendment No 3)](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-precincts-western-parkland-city-2021)\n\ntimberyard means a building or place, not being a sawmill, where timber is stored, displayed or offered for sale.\n\ntree has the same meaning—\n\n> (a) in the case of land within the Penrith City local government area, as it does in [Penrith Local Environmental Plan 1998 (Urban Land)](/view/html/inforce/current/epi-1999-0009), and\n\n> (b) in the case of land within the Blacktown City local government area, as it does in [Blacktown Local Environmental Plan 1988](/view/html/repealed/current/epi-1988-0670).\n\nutility installation means a building or work used for a utility undertaking.\n\nutility undertaking means any undertaking carried on by or by authority of any Government department, or in pursuance of any Commonwealth or State Act, for the purposes of—\n\n> (a) railway, road, water or air transport, or wharf or river undertakings, or\n\n> (b) the provision of sewerage, sewage treatment or drainage services, or\n\n> (c) the supply of water, hydraulic power, electricity or gas, or\n\n> (d) telecommunications facilities, or\n\n> (e) water quality control facilities.\n\nwarehouse means a building or place used for the storage of goods, merchandise or materials pending their sale and distribution to persons engaged in the retail trade, but does not include a building or place used for retailing.\n\nwaste disposal means landfill which involves the filling of land with—\n\n> (a) sludge,\n\n> (b) putrescible waste, or\n\n> (c) waste that includes any substance classified in the Australian Dangerous Goods Code or medical, cytotoxic or quarantine waste.\n\n**Appendix 7:** Am 2022 (351), sec 5(1) (2); 2022 (461), Sch 2.2\\[3\\]–\\[8\\]; 2022 (835), Sch 4\\[24\\]; 2023 (120), Sch 2\\[4\\]–\\[7\\]; 2023 (524), Sch 1.2\\[1\\]; 2023 (554), Sch 2.36\\[3\\] \\[4\\]; 2024 (92), Sch 1\\[2\\]–\\[7\\]; 2026 (286), Sch 1.8\\[21\\] \\[22\\].\n\n**sch 7:** Am 2023 (554), Sch 2.36\\[7\\]; 2023 (609), Sch 2.21\\[23\\].","sortOrder":1322},{"sectionNumber":"Schedule 8","sectionType":"schedule","heading":"Exempt and complying development","content":"# Schedule 8 Exempt and complying development\n\nSchedule 8 Exempt and complying development\n\n(Section 6.43)\n\n| Column 1 | Column 2 | Column 3 |\n| Zones under Chapter 6 | Zones in Blacktown City area | Zones in Penrith City area |\n| Urban | No 2 (a), 3 (a), 5 (a) (with lettering “Carpark”, “Church”, “Drainage”, or “School”), 5 (c) or 6 (a) under Blacktown Local Environmental Plan 1988 | No 2 (d), 5 (a) (with lettering “Carpark”, “Church”, “Drainage”, or “School”), 5 (b) or 6 (a) under Penrith Local Environmental Plan 1998 (Urban Land) or B3 Commercial Core or B4 Mixed Use under Penrith City Centre Local Environmental Plan 2008 |\n| Road and Road Widening | No 5 (b) or 5 (c) under Blacktown Local Environmental Plan 1988 | No 5 (b) or 5 (c) under Penrith Local Environmental Plan 1998 (Urban Land) |\n| Employment | No 4 (a) under Blacktown Local Environmental Plan 1988 | No 4 (a) under Penrith Local Environmental Plan 1996 (Industrial Land) |\n| Drainage | No 5 (a) (with lettering “Drainage”) under Blacktown Local Environmental Plan 1988 | No 6 (a) under Penrith Local Environmental Plan 1998 (Urban Land) |\n| Regional Open Space | No 6 (c) under Blacktown Local Environmental Plan 1988 | No 6 (d) under Penrith Local Environmental Plan 1998 (Urban Land) |\n\n**Appendix 8:** Am 2022 (461), Sch 2.2\\[9\\]–\\[14\\]; 2022 (835), Sch 4\\[24\\]; 2023 (120), Sch 2\\[8\\]–\\[10\\]; 2023 (524), Sch 1.2\\[1\\]; 2023 (554), Sch 2.36\\[3\\] \\[4\\]; 2024 (92), Sch 1\\[2\\]–\\[7\\]; 2026 (286), Sch 1.8\\[23\\] \\[24\\].","sortOrder":1323},{"sectionNumber":"Schedule 9","sectionType":"schedule","heading":"Development prohibited along The Northern Road","content":"# Schedule 9 Development prohibited along The Northern Road\n\nSchedule 9 Development prohibited along The Northern Road\n\n(Section 6.59)\n\nDevelopment for the purpose of—\n\n> fast food take-away restaurants,\n\n> motor showrooms,\n\n> restaurants,\n\n> service stations.\n\n**Appendix 9:** Ins 2022 (119), Sch 1\\[4\\] (am 2022 (461), Sch 2.3\\[1\\]–\\[3\\]; 2023 (120), Sch 3\\[2\\] \\[3\\]). Am 2023 (524), Sch 1.2\\[1\\]; 2023 (554), Sch 2.36\\[4\\] \\[5\\]; 2024 (92), Sch 1\\[5\\] \\[6\\] \\[8\\] \\[9\\]; 2026 (286), Sch 1.8\\[25\\] \\[26\\].","sortOrder":1324},{"sectionNumber":"Schedule 10","sectionType":"schedule","heading":"Retail and commercial development restricted","content":"# Schedule 10 Retail and commercial development restricted\n\nSchedule 10 Retail and commercial development restricted\n\n(Section 6.60)\n\nDevelopment for the purpose of—\n\n> clubs,\n\n> fast food take-away restaurants,\n\n> hotels,\n\n> local retail or commercial buildings,\n\n> medical centres,\n\n> restaurants.\n\n**Appendix 10:** Ins 2023 (370), Sch 1\\[8\\]. Am 2023 (523), Sch 2.6\\[7\\] \\[8\\]; 2023 (524), Sch 1.2\\[1\\]; 2023 (554), Sch 2.36\\[1\\] \\[6\\]; 2024 (207), Sch 1\\[2\\]–\\[11\\]; 2025 (486), Sch 1\\[2\\]; 2026 (190), Sch 1\\[1\\] \\[2\\]; 2026 (286), Sch 1.8\\[27\\] \\[28\\].","sortOrder":1325},{"sectionNumber":"Schedule 12","sectionType":"schedule","heading":"Exempt development","content":"# Schedule 12 Exempt development\n\nSchedule 12 Exempt development\n\n(Section 7.19)\n\n**sch 12:** Am 2025 (692), Sch 5\\[4\\].","sortOrder":1327},{"sectionNumber":"sch.12-sec","sectionType":"section","heading":"Alterations or additions (public buildings)","content":"#### sch.12-sec Alterations or additions (public buildings)\n\nAlterations or additions (public buildings)\n\n> > (1) Must be alterations or additions to, or development ancillary to, a function centre, community facility, entertainment facility, information and education facility, public administration building or an existing recreational use.\n> \n> > (1A) Must not involve the use of external combustible cladding (within the meaning of the [Environmental Planning and Assessment Regulation 2000](/view/html/repealed/current/sl-2000-0557)).\n> \n> > (2) Maximum area of premises being altered or added to—200m2.","sortOrder":1328},{"sectionNumber":"sch.12-sec-oc.2","sectionType":"section","heading":"Change of use (business premises)","content":"#### sch.12-sec-oc.2 Change of use (business premises)\n\nChange of use (business premises)\n\n> > (1) Must be a change of use from one kind of business premises to another kind of business premises.\n> \n> > (2) New use must be consistent with the existing classification of the building under the Building Code of Australia.","sortOrder":1329},{"sectionNumber":"sch.12-sec-oc.3","sectionType":"section","heading":"Change of use (retail premises)","content":"#### sch.12-sec-oc.3 Change of use (retail premises)\n\nChange of use (retail premises)\n\n> > (1) Must be a change of use from one kind of retail premises to another kind of retail premises.\n> \n> > (2) New use must be consistent with the existing classification of the building under the Building Code of Australia.","sortOrder":1330},{"sectionNumber":"sch.12-sec-oc.4","sectionType":"section","heading":"Demolition","content":"#### sch.12-sec-oc.4 Demolition\n\nDemolition\n\n> > (1) Must be the demolition of residential accommodation or development that is exempt development under Chapter 7.\n> \n> > (2) Must be carried out in accordance with AS 2601—2001, Demolition of structures.","sortOrder":1331},{"sectionNumber":"sch.12-sec-oc.5","sectionType":"section","heading":"Earthworks and retaining walls","content":"#### sch.12-sec-oc.5 Earthworks and retaining walls\n\nEarthworks and retaining walls\n\n> > (1) Must be used solely for agricultural purposes.\n> \n> > (2) Must meet the development standards specified in clause 2.30 (a), (b), (d)–(f) and (h) of [State Environmental Planning Policy (Exempt and Complying Development Codes) 2008](/view/html/inforce/current/epi-2008-0572).\n> \n> > (3) Must not be carried out on land at or below the flood planning level.","sortOrder":1332},{"sectionNumber":"sch.12-sec-oc.6","sectionType":"section","heading":"Emergency services (including replacement or augmentation of fire systems, pump houses, fire water tanks and scaffolding)","content":"#### sch.12-sec-oc.6 Emergency services (including replacement or augmentation of fire systems, pump houses, fire water tanks and scaffolding)\n\nEmergency services (including replacement or augmentation of fire systems, pump houses, fire water tanks and scaffolding)\n\n> No standards are specified for this development.","sortOrder":1333},{"sectionNumber":"sch.12-sec-oc.7","sectionType":"section","heading":"Filming","content":"#### sch.12-sec-oc.7 Filming\n\nFilming\n\n> Must meet the development standards specified in clause 2.38B of [State Environmental Planning Policy (Exempt and Complying Development Codes) 2008](/view/html/inforce/current/epi-2008-0572) (other than clause 2.38B (1) (a)).","sortOrder":1334},{"sectionNumber":"sch.12-sec-oc.8","sectionType":"section","heading":"Landscaping and public domain works","content":"#### sch.12-sec-oc.8 Landscaping and public domain works\n\nLandscaping and public domain works\n\n> > (1) Must be any of the following development, carried out on public land—\n> > \n> > > (a) cycleways, ticketing facilities, unenclosed single storey car parks and viewing platforms,\n> > \n> > > (b) outdoor recreational facilities, including playing fields, but not including grandstands,\n> > \n> > > (c) information facilities such as visitors’ centres and information boards,\n> > \n> > > (d) lighting, if light spill and artificial sky glow is minimised in accordance with AS/NZS 1158 Set: 2007, Lighting for Roads and Public Spaces,\n> > \n> > > (e) landscaping, including irrigation schemes (whether they use recycled or other water),\n> > \n> > > (f) amenity facilities,\n> > \n> > > (g) maintenance depots,\n> > \n> > > (h) environmental protection works,\n> > \n> > > (i) the construction, maintenance and repair of—\n> > > \n> > > > (i) walking tracks, boardwalks and raised walking paths, ramps, minor pedestrian bridges, stairways, gates, seats, barbecues, shelters and shade structures, and\n> > > \n> > > > (ii) viewing platforms, and\n> > > \n> > > > (iii) sporting facilities, including goal posts, sight screens and fences, and\n> > > \n> > > > (iv) play equipment where adequate safety provisions (including soft landing surfaces) are provided, but only if any structure is at least 1.2m away from any fence,\n> > \n> > > (j) routine maintenance (including earthworks associated with playing field regrading or landscaping),\n> > \n> > > (k) bridle paths, cycle storage racks or areas, fences, gates, public art and walls,\n> > \n> > > (l) earthworks and retaining walls.\n> \n> > (2) If a visitors’ centre or maintenance depot, maximum area of development—200m2.\n> \n> > (3) If a retaining wall, must—\n> > \n> > > (a) not be higher than 600mm (including the height of any batters) above ground level (existing), and\n> > \n> > > (b) if it is on a sloping site and stepped to accommodate the fall in the land—not be higher than 800mm above ground level (existing) at each step, and\n> > \n> > > (c) have adequate drainage lines behind it.\n> \n> > (4) If earthworks, must—\n> > \n> > > (a) not redirect the flow of surface water onto an adjoining property, and\n> > \n> > > (b) cause surface water to be disposed of without causing a nuisance to adjoining owners, and\n> > \n> > > (c) be located at least 1m from any registered easement, sewer main or water main, and\n> > \n> > > (d) not require cut or fill more than 600mm below or above ground level (existing), and\n> > \n> > > (e) if the fill is more than 150mm deep—not occupy more than 50% of the landscaped area.","sortOrder":1335},{"sectionNumber":"sch.12-sec-oc.9","sectionType":"section","heading":"Minor external building alterations (other than a public building)","content":"#### sch.12-sec-oc.9 Minor external building alterations (other than a public building)\n\nMinor external building alterations (other than a public building)\n\n> > (1) Includes re-cladding roofs or walls.\n> \n> > (2) Must involve only repair or renovation, or painting, plastering or other decoration of building.\n> \n> > (3) Must not result in enlargement or extension of building or increase in load-bearing capacity of any load-bearing component of building.\n> \n> > (4) Must not involve the use of external combustible cladding (within the meaning of the [Environmental Planning and Assessment Regulation 2000](/view/html/repealed/current/sl-2000-0557)).\n> \n> > (5) Any re-cladding must—\n> > \n> > > (a) not involve structural alterations, and\n> > \n> > > (b) involve only replacing existing materials with similar materials, unless the use of those materials is a breach of subsection (4).","sortOrder":1336},{"sectionNumber":"sch.12-sec-oc.10","sectionType":"section","heading":"Minor internal building alterations (other than a public building)","content":"#### sch.12-sec-oc.10 Minor internal building alterations (other than a public building)\n\nMinor internal building alterations (other than a public building)\n\n> > (1) Must be non-structural alterations to existing building only, such as—\n> > \n> > > (a) replacement of doors, wall, ceiling or floor linings or deteriorated frame members with equivalent or improved quality materials, or\n> > \n> > > (b) inclusion of built-in fixtures.\n> \n> > (2) Must not affect load-bearing capacity of any load-bearing component of building.\n> \n> > (3) Alterations must not compromise fire safety or affect accessibility of any fire exit.","sortOrder":1337},{"sectionNumber":"sch.12-sec-oc.11","sectionType":"section","heading":"Rainwater tanks (above ground)","content":"#### sch.12-sec-oc.11 Rainwater tanks (above ground)\n\nRainwater tanks (above ground)\n\n> > (1) Must meet the development standards specified in clause 2.64 of [State Environmental Planning Policy (Exempt and Complying Development Codes) 2008](/view/html/inforce/current/epi-2008-0572) (other than clause 2.64 (1) (a), (b) and (k)).\n> \n> > (2) Must be located at least 10 metres from each lot boundary.\n> \n> > (3) Must not have a capacity greater than—\n> > \n> > > (a) 25,000 litres in the case of a tank on land used for the purposes of an educational establishment, or\n> > \n> > > (b) 10,000 litres in any other case.","sortOrder":1338},{"sectionNumber":"sch.12-sec-oc.12","sectionType":"section","heading":"Rainwater tanks (below ground)","content":"#### sch.12-sec-oc.12 Rainwater tanks (below ground)\n\nRainwater tanks (below ground)\n\n> Must meet the development standards specified in clause 2.66 of [State Environmental Planning Policy (Exempt and Complying Development Codes) 2008](/view/html/inforce/current/epi-2008-0572) (other than clause 2.66 (1) (e)).","sortOrder":1339},{"sectionNumber":"sch.12-sec-oc.13","sectionType":"section","heading":"Sheds, cool rooms or greenhouses used solely for agricultural purposes","content":"#### sch.12-sec-oc.13 Sheds, cool rooms or greenhouses used solely for agricultural purposes\n\nSheds, cool rooms or greenhouses used solely for agricultural purposes\n\n> > (1) Must not have a floor area greater than 30m2.\n> \n> > (2) Must not be higher than 3m above ground level (existing).\n> \n> > (3) Must be located—\n> > \n> > > (a) at least 20m from any boundary of the lot adjoining a road to which the front of a dwelling house, or a main building, on the lot faces or is proposed to face, and\n> > \n> > > (b) at least 10m from any other lot boundary.\n> \n> > (4) Must not be a shipping container.\n> \n> > (5) Must be constructed or installed so that roof water is disposed of without causing a nuisance to adjoining owners.\n> \n> > (6) Must not be constructed or installed within 50m of a dwelling on an adjoining property.\n> \n> > (7) If it is located on bush fire prone land and is less than 5m from a dwelling—must be constructed of non-combustible material.\n> \n> > (8) If it is located adjacent to another building—must be located so that it does not interfere with the entry to, or exit from, or the fire safety measures contained within, that building.\n> \n> > (9) Must be located at least 50m from a waterbody (natural).\n> \n> > (10) To the extent that it is comprised of metal components—must be designed by, and constructed in accordance with the specifications of, a professional engineer.\n> \n> > (11) Must not result in more than 2 such developments per lot.","sortOrder":1340},{"sectionNumber":"sch.12-sec-oc.14","sectionType":"section","heading":"Signage (associated with the use of road infrastructure)","content":"#### sch.12-sec-oc.14 Signage (associated with the use of road infrastructure)\n\nSignage (associated with the use of road infrastructure)\n\n> No standards are specified for this development.","sortOrder":1341},{"sectionNumber":"sch.12-sec-oc.15","sectionType":"section","heading":"Signage (identification, directional, community information or safety signs but not including roof-top signs or commercial advertising or signs associated with the use of road infrastructure)","content":"#### sch.12-sec-oc.15 Signage (identification, directional, community information or safety signs but not including roof-top signs or commercial advertising or signs associated with the use of road infrastructure)\n\nSignage (identification, directional, community information or safety signs but not including roof-top signs or commercial advertising or signs associated with the use of road infrastructure)\n\n> > (1) Surface area must not exceed 100m2.\n> \n> > (2) Obtrusive effects of outdoor lighting must be controlled in accordance with AS 4282–1997, Control of the obtrusive effects of outdoor lighting.\n> \n> > (3) Must be carried out by or on behalf of a public authority.","sortOrder":1342},{"sectionNumber":"sch.12-sec-oc.16","sectionType":"section","heading":"Signage (real estate signs on land or premises being advertised for lease or sale)","content":"#### sch.12-sec-oc.16 Signage (real estate signs on land or premises being advertised for lease or sale)\n\nSignage (real estate signs on land or premises being advertised for lease or sale)\n\n> Surface area must not exceed 4.5m2.","sortOrder":1343},{"sectionNumber":"sch.12-sec-oc.17","sectionType":"section","heading":"Signage (temporary, advertising an event and associated relevant details including sponsorship of the event)","content":"#### sch.12-sec-oc.17 Signage (temporary, advertising an event and associated relevant details including sponsorship of the event)\n\nSignage (temporary, advertising an event and associated relevant details including sponsorship of the event)\n\n> > (1) Surface area must not exceed 100m2.\n> \n> > (2) Must not be displayed earlier than 28 days before the event and must be removed within 14 days after the event.\n> \n> > (3) Obtrusive effects of outdoor lighting must be controlled in accordance with AS 4282–1997, Control of the obtrusive effects of outdoor lighting.","sortOrder":1344},{"sectionNumber":"sch.12-sec-oc.18","sectionType":"section","heading":"Temporary structures (other than tents and marquees), and temporary alterations or additions to buildings or works, solely for filming purposes","content":"#### sch.12-sec-oc.18 Temporary structures (other than tents and marquees), and temporary alterations or additions to buildings or works, solely for filming purposes\n\nTemporary structures (other than tents and marquees), and temporary alterations or additions to buildings or works, solely for filming purposes\n\n> Must meet the development standards specified in clause 2.78B of [State Environmental Planning Policy (Exempt and Complying Development Codes) 2008](/view/html/inforce/current/epi-2008-0572).","sortOrder":1345},{"sectionNumber":"sch.12-sec-oc.19","sectionType":"section","heading":"Temporary use of land","content":"#### sch.12-sec-oc.19 Temporary use of land\n\nTemporary use of land\n\n> > (1) Maximum period of 182 days (whether or not consecutive days) in any period of 12 months.\n> \n> > (2) Must not prejudice the subsequent carrying out of development on the land in accordance with Chapter 7.\n> \n> > (3) Must not adversely impact on any adjoining land or the amenity of the neighbourhood.\n> \n> > (4) Must not adversely impact on environmental attributes or features of the land, or increase the risk of natural hazards that may affect the land.\n> \n> > (5) Must, at the end of the temporary use period, restore the site, as far as is practicable, to the condition in which it was before the commencement of the temporary use.","sortOrder":1346},{"sectionNumber":"sch.12-sec-oc.20","sectionType":"section","heading":"Tents or marquees used solely for filming purposes","content":"#### sch.12-sec-oc.20 Tents or marquees used solely for filming purposes\n\nTents or marquees used solely for filming purposes\n\n> Must meet the development standards specified in clause 2.78F of [State Environmental Planning Policy (Exempt and Complying Development Codes) 2008](/view/html/inforce/current/epi-2008-0572).","sortOrder":1347},{"sectionNumber":"sch.12-sec-oc.21","sectionType":"section","heading":"Roadside stalls","content":"#### sch.12-sec-oc.21 Roadside stalls\n\nRoadside stalls\n\n> > (1) Must not be adjacent to a freeway, highway or tollway within the meaning of the [Roads Act 1993](/view/html/inforce/current/act-1993-033).\n> \n> > (2) Must not be in a floodway within the meaning of the Flood Risk Management Manual, ISBN 978-1-923076-17-4, published by the NSW Government in June 2023.\n> \n> > (3) Must not have a gross floor area of more than 9m2.\n> \n> > (4) For a stall located on bush fire prone land—the stall must not be erected or installed within 6m of residential accommodation.\n> \n> > (5) An existing vehicular access point to a public road must comply with the lesser of—\n> > \n> > > (a) a clear sight distance for vehicles leaving the premises of at least 300m, or\n> > \n> > > (b) the minimum car stopping sight distances set out in the Guide to Road Design Part 3: Geometric Design, Table 5.5, published by Austroads on 26 February 2021.\n> \n> > (6) Vehicles must be able to enter and exit the landholding in a forward direction.\n> \n> > (7) Car parking spaces must be located—\n> > \n> > > (a) on a road verge, or\n> > \n> > > (b) wholly within the boundaries of the landholding.\n> \n> > (8) Car parking spaces may only be located on a road verge if—\n> > \n> > > (a) the verge has a maximum average gradient of 1:20, and\n> > \n> > > (b) there is no vegetation on the verge.\n> \n> > (9) Waste generated as a result of the development must be disposed of—\n> > \n> > > (a) using a sewage reticulation system connected to the landholding, or\n> > \n> > > (b) using a system of sewage management for which the approval of the council has been obtained under the [Local Government Act 1993](/view/html/inforce/current/act-1993-030), section 68, or\n> > \n> > > (c) at a waste or resource management facility.\n> \n> > (10) The on-site disposal of organic or putrescible waste must not have an adverse impact on the use of adjoining land.\n> \n> > (11) In this section—\n> > \n> > landholding means an area of land—\n> > \n> > > (a) constituted or worked as a single property, and\n> > \n> > > (b) if comprising more than 1 lot—the lots are—\n> > > \n> > > > (i) contiguous, or\n> > > \n> > > > (ii) separated only by a road or watercourse.","sortOrder":1348},{"sectionNumber":"Schedule 13","sectionType":"schedule","heading":"Exempt development—Badgerys Creek Road, Bradfield","content":"# Schedule 13 Exempt development—Badgerys Creek Road, Bradfield\n\nSchedule 13 Exempt development—Badgerys Creek Road, Bradfield\n\nsection 4.37AA\n\n**sch 13:** Rep 2021 (728), Sch 13. Ins 2025 (351), Sch 1\\[3\\].","sortOrder":1349},{"sectionNumber":"sch.13-sec","sectionType":"section","heading":"Application of schedule","content":"#### sch.13-sec Application of schedule\n\nApplication of schedule\n\n> This schedule applies to the IPG site specified in section 4.37AA(1).","sortOrder":1350},{"sectionNumber":"sch.13-sec-oc.2","sectionType":"section","heading":"Emergency works","content":"#### sch.13-sec-oc.2 Emergency works\n\nEmergency works\n\n> > (1) Maintenance or restoration of emergency services equipment to ensure public safety or protect buildings or the environment as a result of the following is exempt development—\n> > \n> > > (a) a sudden natural event, including a storm, flood, tree fall, bush fire or land slip,\n> > \n> > > (b) an accident, equipment failure or structural collapse,\n> > \n> > > (c) damage caused by vandalism or arson.\n> \n> > (2) The development must not, except to the extent necessary to carry out the development—\n> > \n> > > (a) disturb soil or vegetation, or\n> > \n> > > (b) affect the heritage value of a heritage item.","sortOrder":1351},{"sectionNumber":"sch.13-sec-oc.3","sectionType":"section","heading":"Flagpoles","content":"#### sch.13-sec-oc.3 Flagpoles\n\nFlagpoles\n\n> > (1) The construction or installation of a flagpole.\n> \n> > (2) The flagpole must not display a commercial advertisement for anything other than a business located on the site.\n> \n> > (3) The flagpole must not be more than 50m in height.\n> \n> > (4) There must not be more than 1 flagpole on each lot on the site.","sortOrder":1352},{"sectionNumber":"sch.13-sec-oc.4","sectionType":"section","heading":"Investigations","content":"#### sch.13-sec-oc.4 Investigations\n\nInvestigations\n\n> > (1) Surveying works and works for the purposes of investigating the physical properties of soil or rock, including geotechnical investigations and sediment sampling.\n> \n> > (2) The development must not disturb soil or vegetation, except to the extent necessary to carry out the development.","sortOrder":1353},{"sectionNumber":"sch.13-sec-oc.5","sectionType":"section","heading":"Maintenance and repair","content":"#### sch.13-sec-oc.5 Maintenance and repair\n\nMaintenance and repair\n\n> > (1) The maintenance, repair or replacement of fittings, fixtures and infrastructure.\n> \n> > (2) The development must not involve excavation works, except to the extent necessary to carry out the maintenance, repair or replacement.","sortOrder":1354},{"sectionNumber":"sch.13-sec-oc.6","sectionType":"section","heading":"Pedestrian ramps, paths and mechanical and non-mechanical stairways","content":"#### sch.13-sec-oc.6 Pedestrian ramps, paths and mechanical and non-mechanical stairways\n\nPedestrian ramps, paths and mechanical and non-mechanical stairways\n\n> The construction or installation of pedestrian ramps, paths and mechanical and non-mechanical stairways in accordance with AS 1657:2018 Fixed platforms, walkways, stairways and ladders—Design, construction and installation.","sortOrder":1355},{"sectionNumber":"sch.13-sec-oc.7","sectionType":"section","heading":"Preloading works","content":"#### sch.13-sec-oc.7 Preloading works\n\nPreloading works\n\n> > (1) Preloading works for compression of soil before construction.\n> \n> > (2) The development must not—\n> > \n> > > (a) disturb soil or vegetation, except to the extent necessary to carry out the development, or\n> > \n> > > (b) damage adjoining buildings or structures on the land or an adjoining lot, or\n> > \n> > > (c) redirect the flow of surface water onto an adjoining lot.\n> \n> > (3) Fill brought to the site must be appropriate fill.","sortOrder":1356},{"sectionNumber":"sch.13-sec-oc.8","sectionType":"section","heading":"Scaffolding","content":"#### sch.13-sec-oc.8 Scaffolding\n\nScaffolding\n\n> > (1) The construction, installation or removal of a scaffold or hoarding.\n> \n> > (2) The development must—\n> > \n> > > (a) comply with AS/NZS 1576.1:2019 Scaffolding, Part 1: General requirements, and\n> > \n> > > (b) be removed as soon as practicable without compromising public health or safety.","sortOrder":1357},{"sectionNumber":"sch.13-sec-oc.9","sectionType":"section","heading":"Security and monitoring cameras and other devices","content":"#### sch.13-sec-oc.9 Security and monitoring cameras and other devices\n\nSecurity and monitoring cameras and other devices\n\n> The construction or installation of security cameras and other devices, including radar, communication devices and microwave receivers for the purposes of monitoring traffic or tracking trucks or for security purposes.","sortOrder":1358},{"sectionNumber":"sch.13-sec-oc.10","sectionType":"section","heading":"Switch rooms and security booths","content":"#### sch.13-sec-oc.10 Switch rooms and security booths\n\nSwitch rooms and security booths\n\n> > (1) The erection of a switch room or security booth.\n> \n> > (2) The building must not have a gross floor area of more than 250m2.","sortOrder":1359},{"sectionNumber":"sch.13-sec-oc.11","sectionType":"section","heading":"Minor vegetation management","content":"#### sch.13-sec-oc.11 Minor vegetation management\n\nMinor vegetation management\n\n> > (1) Minor vegetation management for maintaining the security or safety of the land.\n> \n> > (2) The development must not disturb vegetation more than is necessary for those purposes.","sortOrder":1360},{"sectionNumber":"sch.13-sec-oc.12","sectionType":"section","heading":"Wash bays","content":"#### sch.13-sec-oc.12 Wash bays\n\nWash bays\n\n> > (1) The construction or installation of wash bays for cleaning vehicles and equipment.\n> \n> > (2) The development—\n> > \n> > > (a) must include sediment traps and oil-water separators appropriate to the size of the development, and\n> > \n> > > (b) must be constructed in accordance with AS/NZS 3500.2:2025, Plumbing and drainage, Part 2: Sanitary plumbing and drainage, and\n> > \n> > > (c) must not be located within a landscaped area, and\n> > \n> > > (d) must include appropriate containment systems and barriers to prevent leakage or contamination resulting from the development.","sortOrder":1361},{"sectionNumber":"sch.13-sec-oc.13","sectionType":"section","heading":"Above ground water tanks","content":"#### sch.13-sec-oc.13 Above ground water tanks\n\nAbove ground water tanks\n\n> > (1) The erection or removal of a rainwater tank or grey water tank above ground.\n> \n> > (2) The tank—\n> > \n> > > (a) must not have a capacity of more than 500,000L of water, and\n> > \n> > > (b) must be the same colour as the surrounding development, and\n> > \n> > > (c) must not be located in any landscaped area.","sortOrder":1362}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The policy was originally introduced to cover specific precincts in the Western Parkland City around the new airport. However, the high frequency of amendments (30+ since late 2021) strongly indicates that the scope has expanded progressively — new precincts have been added, existing precinct boundaries adjusted, and new land use controls introduced. What began as a framework for the immediate Aerotropolis area has grown into a comprehensive planning instrument covering a much broader swathe of Western Sydney, reflecting the rapid evolution of the region's development pipeline."},"complexity_factors":["Extremely high amendment frequency — over 30 versions since December 2021, requiring constant version tracking","Multiple interacting precincts each with their own specific planning controls, land use tables, and maps","Operates within a layered legal framework requiring understanding of the Environmental Planning and Assessment Act 1979 and other SEPPs","Airport-related controls add a distinct regulatory layer involving Commonwealth aviation law interaction","Extensive use of defined terms, zoning codes, and cross-references to other instruments and schedules","Different rules may apply depending on the exact parcel of land, requiring reference to precinct-specific maps","Infrastructure contribution frameworks involve complex financial calculations and obligations","Interplay between State-level controls and local council development control plans (DCPs)","Biodiversity, heritage, flooding, and bushfire overlays each add separate compliance considerations","Transitional provisions applying to development applications lodged under earlier versions of the policy"],"plain_english_summary":"The State Environmental Planning Policy (Precincts—Western Parkland City) 2021 sets state planning rules for land use and development across the new Western Parkland City around Western Sydney International Airport. It determines what can be built, where and how (including environmental, infrastructure and airport‑related controls), affecting landowners, developers, local councils and businesses in the precincts. It effectively shapes the future cityscape and can override local planning controls, so affected parties must follow the current version."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The timeline records multiple historical in‑force versions between 02/12/2021 and 16/01/2026, indicating the instrument was amended repeatedly. However, the provided excerpt contains no operative text, so whether the instrument's substantive scope or policy aims changed cannot be determined from this source alone. Confirming scope changes requires a version‑by‑version comparison of the actual provisions."},"complexity_factors":["Source contains only metadata and an extensive version timeline; no operative provisions are present to assess legal content.","Many point‑in‑time versions (Dec 2021–Jan 2026) require careful version‑tracking to determine which text applied at which date.","Frequent amendments increase administrative and compliance complexity for users who must identify the correct historical version.","Reliance on Parliamentary Counsel's Office certification (Interpretation Act s45C) for authoritative form introduces a procedural verification step.","Substantive scope and regulatory mechanisms are indeterminate from this excerpt; substantive legal analysis requires retrieving and comparing specific consolidated versions."],"plain_english_summary":"This entry relates to the State Environmental Planning Policy (Precincts—Western Parkland City) 2021. The supplied source contains only website metadata, certification notes from the Parliamentary Counsel’s Office, and a detailed version timeline (multiple point‑in‑time versions from 2 Dec 2021 to 16 Jan 2026), with the in‑force version current from 16 Jan 2026. The excerpt does not include any substantive operative provisions, so it supplies no rules, obligations or affected‑party details."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"rejected","complexity_score":1,"rejection_reason":"This content is a navigation/status page from the NSW legislation website showing version history and metadata. It does not contain any substantive legislative provisions, definitions, or operative rules from the State Environmental Planning Policy (Precincts—Western Parkland City) 2021. Analysis requires the actual policy text.","scope_assessment":{"changed":false,"description":"Not applicable — this is a status/navigation page, not the legislation itself."},"complexity_factors":["This is a navigation/status page only — no substantive legislative provisions are included","No defined terms, cross-references, or conditional logic present in this content","Simple chronological list structure with dates and links"],"plain_english_summary":"This is a **navigation and status page** for the *State Environmental Planning Policy (Precincts—Western Parkland City) 2021*, a New South Wales planning law. It does not contain the actual legal rules, but rather shows:\n\n- **What it is**: A tracking page showing all the different versions of this environmental planning policy that have existed since it was made in December 2021.\n- **Who it affects**: Anyone trying to work out which version of the Western Parkland City planning rules was in force on a particular date — typically developers, planners, lawyers, or local councils working in Western Sydney.\n- **Why it matters**: Planning laws change frequently. This page lets you find the exact version that applied on a specific date, which is crucial for determining what rules applied to a development application or land use decision.\n\nThe page shows the policy has been amended **over 30 times** since 2021, with new versions sometimes lasting only days. The current version has been in force since 16 January 2026."}},"importantCases":[],"_links":{"self":"/api/acts/state-environmental-planning-policy-precincts-western-parkland-city-2021","history":"/api/acts/state-environmental-planning-policy-precincts-western-parkland-city-2021/history","analysis":"/api/acts/state-environmental-planning-policy-precincts-western-parkland-city-2021/analysis","conflicts":"/api/acts/state-environmental-planning-policy-precincts-western-parkland-city-2021/conflicts","importantCases":"/api/acts/state-environmental-planning-policy-precincts-western-parkland-city-2021/important-cases","documents":"/api/acts/state-environmental-planning-policy-precincts-western-parkland-city-2021/documents"}}