7Development at Callan Park restricted

#### 7 Development at Callan Park restricted 7 Development at Callan Park restricted > > (1) (Repealed) > > > (2) The consent authority for development applications relating to land within Callan Park is the council of the local government area within which the land is situated, despite any other Act or any environmental planning instrument. > > > (3) Development may be carried out at Callan Park, with development consent, for the following purposes on a not-for-profit basis— > > > > > (a) arts and culture facilities, > > > > > (b) community facilities, > > > > > (c) educational facilities, > > > > > (d) food and drink premises, > > > > > (e) health facilities. > > > > Note— > > > > Development may be carried out for a purpose referred to in this subsection only on a not-for-profit basis and not on a commercial basis. > > > (3A) However, development for the following purposes is prohibited at Callan Park— > > > > > (a) function centres, > > > > > (b) hotels, > > > > > (c) retirement villages. > > > (4) [State Environmental Planning Policy No 5—Housing for Older People or People with a Disability](/view/html/repealed/current/epi-1998-0009) does not apply to Callan Park. > > > (5) Buildings must not be erected at Callan Park outside the footprints or building envelopes of the buildings that existed immediately before the commencement of this Act. > > > (5A) Subsection (5) does not prevent the erection of the following outside the footprints or building envelopes of the existing buildings— > > > > > (a) accessibility or safety structures, > > > > > (b) amenities blocks, > > > > > (c) temporary structures. > > > (6) Consent must not be granted for any development at Callan Park if the development would result in— > > > > > (a) less open space at Callan Park than existed immediately before the commencement of this Act, or > > > > > (b) an increase in the total floor area of all buildings that existed at Callan Park immediately before the commencement of this Act. > > > (7) Development at Callan Park must not adversely affect the Broughton Hall Garden, Charles Moore Garden or Kirkbride Garden. > > > (8) In determining a development application, the consent authority must take into consideration the objects of this Act in addition to all other matters that are required to be taken into consideration. > > > (9) In this section— > > > > community facility means a facility (not being an educational facility or a health service) providing services to the community on a not-for-profit basis. > > > > educational facility means a university or any other facility providing educational services, but does not include a secondary school or a primary school. > > **s 7:** Am 2022 No 9, Sch 5.1\[7\]–\[10\].