28Considerations for grant or refusal of consent

28 Considerations for grant or refusal of consent

Consideration of plans and planning objectives (1) The airport‑lessee company must not refuse consent to the application unless the application is inconsistent with: (a) the final master plan for the airport (if any); or (b) an approved major development plan for the airport (if any); or (c) in the case of Sydney West Airport: (i) if Part 2 of an airport plan for the airport is in force—Part 2 of the airport plan; or (ii) if the building activity wholly or partly occurs before the Sydney West Airport completion day, an airport plan for the airport is in force, and the proposed building activity is, or comprises part of, a development covered by Part 3 of the airport plan—Part 3 of the airport plan; or (d) the airport‑lessee company’s planning objectives for the airport.

Note: It is possible that a proposal that, under paragraphs (a), (b) and (c), has no inconsistency, could, nevertheless, be found to be unsatisfactory under paragraph (d). It is also possible that a proposal that is inconsistent in a way mentioned in subsection (l) is preserved from refusal of consent under subsection (4).

(2) In determining whether to refuse consent because a proposed building activity is inconsistent with a plan mentioned in paragraph (l)(a), (b) or (c), the airport‑lessee company must have regard to the significance of the inconsistency. (3) In determining whether to refuse consent because a proposed building activity is inconsistent with planning objectives for the airport, the airport‑lessee company must have regard to the significance of the inconsistency and, in particular, to: (a) the type, location, shape, size, height, density, design and external appearance of the development that will result from the proposed building activity; and (b) if a building is intended to be constructed—the siting of the building in relation to the size and shape of the site it will occupy; and (c) the relationship the results of the activity will have to: (i) existing buildings and other structures on adjoining land at the airport; and (ii) other approved development on adjoining land at the airport; and (d) if appropriate—the proposed means of entrance to, and exit from, the resulting development and, in particular, whether adequate provision has been made for loading, unloading, manoeuvring and parking of vehicles; and (e) if appropriate—the management of travel of vehicles and pedestrians to and from the resulting development; and (f) the impact the building activity, or resulting development, is likely to have on the environment and, if an adverse impact is likely, whether it is reasonably possible to protect the environment. Consideration of legislative and contractual obligations (4) The airport‑lessee company must not refuse consent to the application if, to do so, would be inconsistent with an obligation of the company relating directly or indirectly to approval of the application: (a) as lessor under a sublease to which subsection 22(2) of the Act, or subsection 26(2) of the Airports (Transitional) Act 1996, applies; or (b) under an interest to which subsection 22(3) of the Act, or subsection 26(3) of the Airports (Transitional) Act 1996, applies; or (c) in the case of the airport‑lessee company for Sydney West Airport—under a contract with the Commonwealth that relates to the airport. (5) Subsection (4) applies despite subsection (1). Consideration of whether to impose conditions (6) In determining whether it is appropriate to grant consent subject to conditions, the airport‑lessee company must have regard to possible impacts of the proposed building activity on: (a) the safety and security of persons at the airport, in general; and (b) airport services and the efficient operation of the airport.