1
Name of Policy
1 Name of Policy
1.1 Name of Policy
This Policy is State Environmental Planning Policy (Precincts—Central River City) 2021.
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New South Wales regulation
The State Environmental Planning Policy (Precincts—Central River City) 2021 is an NSW planning instrument that sets precinct-specific land‑use and development controls across Western Sydney’s Central River City, overriding or supplementing local rules. It determines permitted, prohibited and consented development, streamlines projects aligned with regional goals, and guides urban renewal and housing supply. It directly affects property owners, developers, councils, residents and housing providers — and is actively evolving (19 amendments since 2021), so check the current version.
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Zoe can write the in-depth analysis on top of the summary above: how it works, who it affects and what each part actually does.
Direct links to the current provisions in State Environmental Planning Policy (Precincts—Central River City) 2021.
1.1 Name of Policy
This Policy is State Environmental Planning Policy (Precincts—Central River City) 2021.
Part 2.1 Preliminary
2.1 Aims of Chapter
The aims of this Chapter are as follows—
(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,
(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.
Part 3.1 Preliminary
3.1 Aims of Chapter
The aims of this Chapter are (in conjunction with amendments to the regulations under the Act relating to precinct planning) as follows—
(a) to co-ordinate the release of land for residential, employment and other urban development in the North West Growth Centre,
(b) to enable the Minister from time to time to designate land in growth centres as ready for release for development,
(c) to provide for comprehensive planning for growth centres,
(d) to enable the establishment of vibrant, sustainable and liveable neighbourhoods that provide for community well-being and high quality local amenity,
(e) to provide controls for the sustainability of land in growth centres that has conservation value,
(f) to provide for the orderly and economic provision of infrastructure in and to growth centres,
(g) to provide development controls in order to protect the health of the waterways in growth centres,
(h) to protect and enhance land with natural and cultural heritage value,
(i) to provide land use and development controls that will contribute to the conservation of biodiversity.
s 3.1: Am 2022 (835), Sch 1[5].
Part 4.1 Preliminary
4.1 Land to which Chapter applies
This Chapter applies to land identified as the “Homebush Bay Area” on the Homebush Bay Area Map.
Part 5.1 Preliminary
5.1 Aims, objectives etc
(1) The general aims and objectives of this Chapter are—
(a) to conserve the natural environment of the Kurnell Peninsula and ensure that development is managed having regard to the environmental, cultural and economic significance of the area to the nation, State, region and locality,
(b) to apply environmental performance criteria which will ensure that the environment is not adversely affected by development,
(c) to promote, encourage and facilitate opportunities for commercial, industrial and tourist development consistent with the conservation of the unique ecological and landscape attributes of the Kurnell Peninsula,
(d) to ensure that development is co-ordinated to allow the economic and efficient provision of public services and amenities having regard to the environment,
(e) to promote the sharing of responsibility for environmental planning on the Kurnell Peninsula between the Council, the Department of Planning, the Department of Environment, Climate Change and Water, the Department of Industry and Investment and Sydney Water Corporation,
(f) to protect, enhance and utilise the tourism, leisure and recreation potential of the Kurnell Peninsula so far as it is consistent with the conservation of its ecological and heritage value.
(2) The particular environmental planning aims and objectives of this Chapter are—
(a) to preserve and protect the wetland areas of the Kurnell Peninsula in the environmental and economic interest of the State, region and locality,
(b) to identify lands having high value and strategic importance as local or regional open space and national park or nature reserve areas and to facilitate bringing these lands into public ownership,
(c) to protect the health, well-being and safety of the local community,
(d) to identify and conserve areas, sites and features of natural, ecological, historic or cultural significance,
(e) to conserve and manage the aquatic environment and its resources in the interests of the community and the oyster, prawn and fishing industries,
(f) to identify and protect lands having regional and international significance as wildlife habitats,
(g) to ensure that the recommendations of any relevant risk assessment or transportation studies are implemented,
(h) to control and progressively phase out sand mining and to facilitate the rehabilitation of degraded lands, and
(i) to conserve the environmental heritage of the Kurnell Peninsula.
Division 1 Development control
Division 2 Concurrence, consultation etc
Division 3 General
Part 6.1 Preliminary
6.1 Aims of Chapter
The aims of this Chapter are as follows—
(a) to establish the process for assessing and identifying sites as urban renewal precincts,
(b) to facilitate the orderly and economic development and redevelopment of sites in and around urban renewal precincts,
(c) to facilitate delivery of the objectives of any applicable government State, regional or metropolitan strategies connected with the renewal of urban areas that are accessible by public transport.
Appendix 1 State significant precinct—Channel 7 site
section 2.7
Part 1 Preliminary
7 Land use zones
(1) For the purposes of Chapter 2, land within the Channel 7 site is in a zone as follows if the land is shown on the Land Zoning Map as being within that zone—
(a) General Residential Zone,
(b) Public Recreation Zone.
(2) The consent authority must have regard to the objectives for development in a zone when determining a development application in respect of land within the zone.
8 General Residential Zone
(1) The objectives of the General Residential Zone are as follows—
(a) to provide for the housing needs of the community,
(b) to provide for a variety of housing types and densities,
(c) to enable other land uses that provide facilities or services to meet the day to day needs of residents.
(2) Development for any of the following purposes is permitted with consent within the General Residential Zone—
boarding houses; car parks; centre-based child care facilities; community facilities; dwelling houses; exhibition homes; group homes; home-based child care; home businesses; home industries; home occupations; hostels; multi dwelling housing; neighbourhood shops; office premises; places of public worship; recreation areas; residential care facilities; residential flat buildings; roads that are not classified roads; seniors housing; shop top housing; telecommunications facilities.
(3) Except as otherwise provided by Chapter 2, development is prohibited within the General Residential Zone unless it is permitted by subsection (2).
9 Public Recreation Zone
(1) The objectives of the Public Recreation Zone are as follows—
(a) to enable land to be used for open space or recreational purposes,
(b) to provide a range of recreational settings and activities and compatible land uses,
(c) to protect and enhance the natural environment for recreational purposes,
(d) to provide a range of community uses that serve the needs of the people who live and work in the surrounding neighbourhood.
(2) Development for any of the following purposes is permitted with consent within the Public Recreation Zone—
car parks; centre-based child care facilities; community facilities; environmental facilities; environmental protection works; kiosks; recreation areas; recreation facilities (outdoor); roads that are not classified roads.
(3) Except as otherwise provided by Chapter 2, development is prohibited within the Public Recreation Zone unless it is permitted by subsection (2).
10 Development controls
(1) The height of a building on any land is not to exceed the maximum number of storeys shown for the land on the Height of Buildings Map.
(2) Development for the purpose of a dwelling must not be carried out if it would result in—
(b) there being more than 800 dwellings (whether of the same or different types) on the Channel 7 site, or
(c) the total of the gross floor areas for dwellings within the Channel 7 site exceeding 80,000 square metres.
11 Relationship with other environmental planning instruments
The only environmental planning instruments that apply, according to their terms, to or in respect of development within the Channel 7 site are as follows—
(a) in the case of development that is a transitional Part 3A project—Chapter 2 and all other State environmental planning policies except clause 4.6 of Parramatta Local Environmental Plan 2011,
(b) in the case of all other development—all environmental planning instruments except clause 4.6 of Parramatta Local Environmental Plan 2011.
13 Acquisition of land within Channel 7 site
(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 (the owner-initiated acquisition provisions).
Note.
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 requires the authority to acquire the land.
(2) The authority of the State that will be the relevant authority to acquire land within the Channel 7 site, 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 that land (or, if none is specified, the authority designated or determined under those provisions)—
| Zone | Authority of the State | | Public Recreation Zone | The corporation constituted by section 2.5(1) of the Act |
(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.
14 Infrastructure development and the use of existing buildings of the Crown
(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 State Environmental Planning Policy (Infrastructure) 2007.
(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.
Appendix 2 State significant precinct—Huntingwood West Precinct
section 2.7
10A Demolition requires development consent
The demolition of a building or work may be carried out only with development consent.
Note.
If the demolition of a building or work is identified in an applicable environmental planning instrument, such as Chapter 2 or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, as exempt development, the Act enables it to be carried out without development consent.
10B Temporary use of land
(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.
(2) Despite any other provision of Chapter 2, 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.
(3) Development consent must not be granted unless the consent authority is satisfied that—
(a) the temporary use will not prejudice the subsequent carrying out of development on the land in accordance with Chapter 2 and any other applicable environmental planning instrument, and
(b) the temporary use will not adversely impact on any adjoining land or the amenity of the neighbourhood, and
(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
(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.
(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.
(5) Subsection (3)(d) does not apply to the temporary use of a dwelling as a sales office mentioned in subsection (4).
12 Height of buildings
The consent authority must not grant consent to development on land within the Huntingwood West Precinct unless it is satisfied that building heights will not adversely impact on the amenity of adjacent residential areas, taking site topography into consideration.
15 Consent authority
The consent authority for development on land within the Huntingwood West Precinct, other than development that is a transitional Part 3A project, is Blacktown City Council.
16 Exempt and complying development
Development within the Huntingwood West Precinct that satisfies the requirements for exempt development or complying development contained in Blacktown Local Environmental Plan 1988 is exempt development or complying development, as appropriate.
17 Suspension of covenants, agreements and instruments
(1) For the purpose of enabling development on land within any zone to be carried out in accordance with Chapter 2 or with a consent granted under the Act, any agreement, covenant or similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose.
(2) Nothing in subsection (1) affects the rights or interests of any public authority under any registered instrument.
(3) Pursuant to section 28 of the Act, before the making of this section, the Governor approved of subsections (1) and (2).
17A Conversion of fire alarms
(1) This section applies to a fire alarm system that can be monitored by Fire and Rescue NSW or by a private service provider.
(2) The following development may be carried out, but only with development consent—
(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,
(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,
(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.
(3) Development to which subsection (2) applies is complying development if it consists only of—
(a) internal alterations to a building, or
(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.
(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.
(5) In this section—
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.
Appendix 3 State significant precinct—Greystanes Southern Employment Lands site
section 2.7
11A Demolition requires development consent
The demolition of a building or work may be carried out only with development consent.
Note.
If the demolition of a building or work is identified in an applicable environmental planning instrument, such as Chapter 2 or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, as exempt development, the Act enables it to be carried out without development consent.
11B Temporary use of land
(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.
(2) Despite any other provision of Chapter 2, 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.
(3) Development consent must not be granted unless the consent authority is satisfied that—
(a) the temporary use will not prejudice the subsequent carrying out of development on the land in accordance with Chapter 2 and any other applicable environmental planning instrument, and
(b) the temporary use will not adversely impact on any adjoining land or the amenity of the neighbourhood, and
(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
(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.
(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.
(5) Subsection (3)(d) does not apply to the temporary use of a dwelling as a sales office mentioned in subsection (4).
18 Car parking in new or existing buildings
(1) Development for the purpose of erecting a new building, or altering an existing building that increases the gross floor area of the building, being a building that is to be used for a purpose set out in Column 1 of the Table to this section, must make provision for the car parking set out opposite that purpose in Column 2 of the Table.
(2) For the purposes of this section, the following are to be included as part of a building’s gross floor area—
(a) any area of the building that is used for car parking and is at or above existing ground level,
(b) any area of the building that is used for car parking below existing ground level, except where the car parking is provided as required by this section.
(3) Council owned public car parking is not to be included as part of a building’s gross floor area.
Table
| Column 1 | Column 2 | | Proposed use of building | Number of parking spaces required | | Light industry | 1 parking space to be provided for every 77 square metres of gross floor area | | Office premises | 1 parking space to be provided for every 40 square metres of gross floor area | | Retail | 1 parking space to be provided for every 20 square metres of gross floor area | | Warehouses or distribution centres | 1 parking space to be provided for every 300 square metres of gross floor area |
19 Exceptions to development standards—transitional Part 3A projects
(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 within the Greystanes SEL site, does not apply to that development if the Secretary is satisfied, and issues a certificate to the effect, that—
(a) compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and
(b) there are sufficient environmental planning grounds to justify exempting the development from that development standard.
(2) In deciding whether to issue a certificate, the Secretary must consider—
(a) whether contravention of the development standard raises any matter of significance for State or regional environmental planning, and
(b) the public benefit of maintaining the development standard, and
(c) any other matters required to be taken into consideration by the Secretary.
20 Exceptions to development standards—other development
(1) This section applies to development, other than development that is part of a transitional Part 3A project.
(2) The objectives of this section are—
(a) to provide an appropriate degree of flexibility in applying certain development standards to particular development, and
(b) to achieve better outcomes for and from development by allowing flexibility in particular circumstances.
(3) 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.
(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—
(a) compliance with the development standard is unreasonable or unnecessary in the circumstances, and
(b) there are sufficient environmental planning grounds to justify the contravention of the development standard.
Note—
The Environmental Planning and Assessment Regulation 2021 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).
(5) The consent authority must keep a record of its assessment carried out under subsection (4).
(6), (7) (Repealed)
(8) This section does not allow consent to be granted for development that would contravene a development standard for complying development.
21 Design excellence
(1) Consent must not be granted to development involving the erection of a new building or external alterations to an existing building unless the consent authority has considered whether the proposed building exhibits design excellence.
(2) In considering whether the proposed building exhibits design excellence, the consent authority must have regard to the following matters—
(a) whether a high standard of architectural design, materials and detailing appropriate to the building type and location will be achieved,
(b) whether the form and external appearance of the building will improve the quality and amenity of the public domain,
(c) whether the building will meet sustainable design principles in terms of sunlight, natural ventilation, wind, reflectivity, visual and acoustic privacy, safety and security and resource, energy and water efficiency, and in accordance with any development control plan applying to the site area for the building.
22 Architectural roof features
(1) The objectives of this section are—
(a) to ensure that architectural roof features to which this section applies are decorative elements only, and
(b) to ensure that the majority of the roof features are contained within the prescribed building height.
(2) Development that includes an architectural roof feature that exceeds, or causes a building to exceed, the height limits set by section 13 may be carried out, but only with consent.
(3) Development consent must not be granted to any such development unless the consent authority is satisfied that—
(a) the architectural roof feature—
(i) comprises a decorative element on the uppermost portion of a building, and
(ii) is not an advertising structure, and
(iii) does not include floor space area and is not reasonably capable of modification to include floor space area, and
(iv) will cause minimal overshadowing, and
(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.
22A Conversion of fire alarms
(1) This section applies to a fire alarm system that can be monitored by Fire and Rescue NSW or by a private service provider.
(2) The following development may be carried out, but only with development consent—
(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,
(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,
(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.
(3) Development to which subsection (2) applies is complying development if it consists only of—
(a) internal alterations to a building, or
(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.
(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.
(5) In this section—
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.
23 Public utility infrastructure
(1) Consent must not be granted to development on land within the Greystanes SEL 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.
(2) In this section, public utility infrastructure includes infrastructure for any of the following—
(a) the supply of water,
(b) the supply of electricity,
(c) the supply of natural gas,
(d) the disposal and management of sewage.
(3) This section does not apply to development for the purpose of providing, extending, augmenting, maintaining or repairing any public utility infrastructure referred to in this section.
27 Suspension of covenants, agreements and instruments
(1) For the purpose of enabling development on land within the Greystanes SEL site to be carried out in accordance with Chapter 2 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.
(2) This section does not apply—
(a) to a covenant imposed by a relevant Council or that a relevant Council requires to be imposed, or
(b) to any relevant instrument within the meaning of section 13.4 of the Crown Land Management Act 2016, or
(c) to any conservation agreement within the meaning of the National Parks and Wildlife Act 1974, or
(d) to any Trust agreement within the meaning of the Nature Conservation Trust Act 2001, or
(e) to any property vegetation plan within the meaning of the Native Vegetation Act 2003, or
(f) to any biobanking agreement within the meaning of Part 7A of the Threatened Species Conservation Act 1995.
(3) This section does not affect the rights or interests of any public authority under any registered instrument.
(4) Pursuant to section 28 of the Act, before the making of this section, the Governor approved of subsections (1)–(3).
Appendix 4 State significant precinct—Sydney Olympic Park site
section 2.7
8A Zone E2 Commercial Centre
(1) The objectives of Zone E2 Commercial Centre are the following—
(a) to strengthen the role of the commercial centre as the centre of business, retail, community and cultural activity,
(b) to encourage investment in commercial development that generates employment opportunities and economic growth,
(c) to encourage development that has a high level of accessibility and amenity, particularly for pedestrians,
(d) to enable residential development only if it is consistent with the Sydney Olympic Park Authority’s strategic planning for residential development in the area,
(e) to ensure that new development provides diverse and active street frontages to attract pedestrian traffic and to contribute to vibrant, diverse and functional streets and public spaces.
(2) Development for the following purposes is permitted without development consent on land within Zone E2 Commercial Centre—
home businesses; home industries; home occupations.
(3) Development for the following purposes is permitted only with development consent on land within Zone E2 Commercial Centre—
building identification signs; business identification signs; commercial premises; community facilities; early education and care facilities; educational establishments; function centres; health consulting rooms; information and education facilities; medical centres; places of public worship; public administration buildings; recreation areas; recreation facilities (indoor); recreation facilities (outdoor); roads.
(4) Except as otherwise provided by this appendix, development is prohibited on land within Zone E2 Commercial Centre unless it is permitted by subsection (2) or (3).
16A Demolition requires consent
The demolition of a building or work may be carried out only with consent.
Note.
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, as exempt development, the Act enables it to be carried out without consent.
16B Temporary use of land
(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.
(2) Despite any other provision of Chapter 2, 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.
(3) Development consent must not be granted unless the consent authority is satisfied that—
(a) the temporary use will not prejudice the subsequent carrying out of development on the land in accordance with Chapter 2 and any other applicable environmental planning instrument, and
(b) the temporary use will not adversely impact on any adjoining land or the amenity of the neighbourhood, and
(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
(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.
(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.
(5) Subsection (3)(d) does not apply to the temporary use of a dwelling as a sales office mentioned in subsection (4).
20A Balconies on certain residential flat buildings
(1) This section applies to development for the purposes of residential accommodation on land identified as “Urban Area” on the Key Sites Map.
(2) The consent authority may exclude the gross floor area of any existing or proposed noise-affected or wind-affected balcony from the calculation of the total floor space of a building for the purposes of applying a floor space ratio if the consent authority is satisfied of the following—
(a) the gross floor area of the noise-affected or wind-affected balcony does not exceed 15% of the gross floor area of the dwelling to which the balcony is attached,
(b) the noise-affected or wind-affected balcony is used, or designed to be used, as external open space,
(c) the noise-affected or wind-affected balcony has sufficient natural ventilation,
(d) the partial enclosure of the noise-affected or wind-affected balcony does not increase the apparent bulk of the building.
(3) In this section—
noise-affected or wind-affected balcony means a balcony that is—
(a) part of a building used for the purposes of residential accommodation that is greater than 24m high, and
(b) above the level of—
(i) if the building has a podium—the podium, or
(ii) otherwise—24m, and
(c) partially enclosed.
24 Major events capability
(1) The objective of this section is to protect and promote the major events capability of the Sydney Olympic Park site and to ensure that it remains a premium destination for major events.
(2) Consent must not be granted to development on land within the Sydney Olympic Park site, if the consent authority is satisfied that during major events held within the Sydney Olympic Park site—
(a) traffic generated by the development is likely to cause the local road network and connections to the regional road network to become saturated or otherwise fail, and
(b) the development is likely to prevent the effective management of crowd movement and transport services, and
(c) the development is likely to compromise the effective functioning of major event infrastructure, and
(d) the development conflicts with the emergency management plans of government agencies or the emergency evacuation plans of major event venues.
25 Transport
Development consent must not be granted for development on land within the Sydney Olympic Park site unless the consent authority is satisfied that the development includes measures to promote public transport use, cycling and walking.
26 Master plan
(1) Development consent must not be granted for development on land within the Sydney Olympic Park site to which a master plan applies unless the consent authority has considered that master plan, except as provided by subsection (2).
(2) Consideration of a master plan is not required if the consent authority is satisfied that—
(a) the development involves a temporary use of the land, and
(b) the development is of a minor nature.
(3) Development consent must not be granted to development on land to which this appendix applies unless the consent authority is satisfied that the development will not exceed the car parking rates for the land specified in the master plan.
28 Review of master plan
The Authority is to review a master plan as soon as possible after the period of 5 years from the date the master plan has effect and is to report on the outcome of the review to the Minister.
29 Development within an environmental conservation area
(1) This section applies to land within the Sydney Olympic Park site that is shown on the Environmental Conservation Areas Map as within an environmental conservation area.
(2) Despite any other provision of this Appendix, the following development may only be carried out with development consent on land within an environmental conservation area—
(a) filling, clearing, draining or dredging the land,
(b) constructing a levee on the land,
(c) removing or destroying any vegetation on the land.
(3) Before granting development consent to development on land within an environmental conservation area, the consent authority must consider the likely effect of the proposed development on that environmental conservation area.
(4) Development consent must not be granted for development on land to which this section applies if, in the opinion of the consent authority, the development would reduce significantly the ecological value of that environmental conservation area.
30 Design excellence
(1) Development consent must not be granted for development that is the erection of a new building or external alterations to an existing building unless the consent authority—
(a) has considered whether the proposed development exhibits design excellence, and
(b) in the case of a building that will attain the maximum height shown for that land on the Height of Buildings Map or the Reduced Level Map (whichever is the lesser), is satisfied that the development exhibits design excellence.
(2) In considering whether proposed development exhibits design excellence, the consent authority must have regard to the following matters—
(a) whether a high standard of architectural design, materials and detailing appropriate to the building type and location will be achieved,
(b) whether the form and external appearance of the building will improve the quality and amenity of the public domain,
(c) whether the building meets sustainable design principles in terms of sunlight, natural ventilation, wind, reflectivity, visual and acoustic privacy, safety and security and resource, energy and water efficiency,
(d) if a competition is held as referred to in subsection (3) in relation to the development, the results of the competition.
(3) Development consent must not be granted to the following development unless a competitive design process has been held in relation to the proposed development—
(a) the erection of a building with a height of 42m or more above ground level (existing),
(b) development on land identified as “Competitive Design Competition Site” on the Key Sites Map.
(3A) Development consent must not be granted to the erection of a building with a height of more than 12m and less than 42m above ground level (existing) unless—
(a) a design review panel has reviewed the development, and
(b) the consent authority has considered the review of the design review panel.
(3B) Subsection (3) does not apply if—
(a) the consent authority certifies in writing that a competitive design process is not required, and
(b) a design review panel has reviewed the development, and
(c) the consent authority has considered the review of the design review panel.
(3C) Despite section 19, a building may exceed the floor space ratio shown for the land on the Floor Space Ratio Map by up to 10% if the design of the building, or the design of an external alteration to the building, is the winner of a competitive design process and the consent authority is satisfied that the building or alteration exhibits design excellence.
(4) In this section—
competitive design process means a design competition held in accordance with the Design Competition Guidelines published by the Department in September 2023.
30A Conversion of fire alarms
(1) This section applies to a fire alarm system that can be monitored by Fire and Rescue NSW or by a private service provider.
(2) The following development may be carried out, but only with development consent—
(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,
(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,
(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.
(3) Development to which subsection (2) applies is complying development if it consists only of—
(a) internal alterations to a building, or
(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.
(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.
(5) In this section—
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.
31 Heritage conservation
(1) Requirement for consent Development consent is required for any of the following—
(a) demolishing or moving a heritage item or a building, work, relic or tree within a heritage conservation area,
(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,
(c) altering a heritage item that is a building, by making structural changes to its interior,
(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,
(e) disturbing or excavating a heritage conservation area that is a place of Aboriginal heritage significance,
(f) erecting a building on land on which a heritage item is located or that is within a heritage conservation area,
(g) subdividing land on which a heritage item is located or that is within a heritage conservation area.
(2) When consent not required However, consent under this section is not required if—
(a) the applicant has notified the consent authority of the proposed development and the consent authority has advised the applicant in writing before any work is carried out that it is satisfied that the proposed development—
(i) is of a minor nature, or is for the maintenance of the heritage item, archaeological site, or a building, work, relic, tree or place within a heritage conservation area, and
(ii) would not adversely affect the significance of the heritage item, archaeological site or heritage conservation area, or
(b) the development is limited to the removal of a tree or other vegetation that the consent authority is satisfied is a risk to human life or property, or
(c) the development is exempt development.
(3) 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 (4) or a heritage conservation management plan is submitted under subsection (5).
(4) Heritage impact assessment The consent authority may, before granting consent to any development on land—
(a) on which a heritage item is situated, or
(b) within a heritage conservation area, or
(c) within the vicinity of land referred to in paragraph (a) or (b),
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.
(5) Places of Aboriginal heritage significance The consent authority must, before granting consent under this section to the carrying out of development in a place of Aboriginal heritage significance—
(a) consider the effect of the proposed development on the heritage significance of the place and any Aboriginal object known or reasonably likely to be located at the place, and
(b) notify the local Aboriginal communities (in such way as it thinks appropriate) about the application and take into consideration any response received within 28 days after the notice is sent.
33 Additional permitted uses in Sydney Olympic Park
(1) Development for the following purposes is permitted with development consent on land identified as “Area 1 Newington Armory” on the Additional Permitted Uses Map—
(a) centre-based child care facilities,
(b) eco-tourist facilities,
(c) function centres,
(d) public administration buildings,
(e) respite day care centres,
(f) tourist and visitor accommodation.
(2) Development for the purposes of pubs and small bars is permitted with development consent on land identified as “Area 2 State Abattoir Heritage Precinct” on the Additional Permitted Uses Map.
(3) Development for the following purposes is permitted with development consent on land identified as “Area 3 Sydney Olympic Park Precinct Management Centre” on the Additional Permitted Uses Map—
(a) light industries,
(b) resource recovery facilities,
(c) storage premises.
34 Eco-tourist facilities
(1) The objectives of this section are as follows—
(a) to maintain the environmental and cultural values of land on which development for the purposes of eco-tourist facilities is carried out,
(b) to provide for sensitively designed and managed eco-tourist facilities that have minimal impact on the environment both on and off-site.
(2) This section applies if development for the purposes of an eco-tourist facility is permitted with development consent under this Appendix.
(3) The consent authority must not grant consent under this Appendix to carry out development for the purposes of an eco-tourist facility unless the consent authority is satisfied that—
(a) there is a demonstrated connection between the development and the ecological, environmental and cultural values of the site or area, and
(b) the development will be located, constructed, managed and maintained so as to minimise any impact on, and to conserve, the natural environment, and
(c) the development will enhance an appreciation of the environmental and cultural values of the site or area, and
(d) the development will promote positive environmental outcomes and any impact on watercourses, soil quality, heritage and native flora and fauna will be minimal, and
(e) the site will be maintained (or regenerated where necessary) to ensure the continued protection of natural resources and enhancement of the natural environment, and
(f) waste generation during construction and operation will be avoided and that any waste will be appropriately removed, and
(g) the development will be located to avoid visibility above ridgelines and against escarpments and from watercourses and that any visual intrusion will be minimised through the choice of design, colours, materials and landscaping with local native flora, and
(h) any infrastructure services to the site will be provided without significant modification to the environment, and
(i) any power and water to the site will, where possible, be provided through the use of passive heating and cooling, renewable energy sources and water efficient design, and
(j) the development will not adversely affect the agricultural productivity of adjoining land, and
(k) the following matters are addressed or provided for in a management strategy for minimising any impact on the natural environment—
(i) measures to remove any threat of serious or irreversible environmental damage,
(ii) the maintenance (or regeneration where necessary) of habitats,
(iii) efficient and minimal energy and water use and waste output,
(iv) mechanisms for monitoring and reviewing the effect of the development on the natural environment,
(v) maintaining improvements on an on-going basis in accordance with relevant ISO 14000 standards relating to management and quality control.
35 (Repealed)
Appendix 5 North Kellyville Precinct Plan
section 3.10
Land Use Table
Zone R1 General Residential
Zone R2 Low Density Residential
Zone R3 Medium Density Residential
Zone B1 Neighbourhood Centre
Zone B2 Local Centre
Zone SP2 Infrastructure
Zone RE1 Public Recreation
Zone E3 Environmental Management
Zone E4 Environmental Living
Schedule 1 Additional permitted uses
(Section 2.5)
Schedule 2 Exempt development
(Section 3.1)
Note 1.
State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies exempt development under that Policy. This Chapter has State-wide application. This Schedule contains additional exempt development not specified in that Policy.
Note 2.
Exempt development may be carried out without the need for development consent under the Act. Such development is not exempt from any approval, licence, permit or authority that is required under any other Act and adjoining owners’ property rights and the common law still apply.
Signage—Bus shelter advertising
(1) Maximum—1 advertising panel per bus shelter, but the panel may have an advertisement on each side.
(2) Maximum display area per panel on each side—1.2m × 1.8m.
(3) Must not contain flashing or moving electronic content.
(4) Must comply with the Disability Standards for Accessible Public Transport 2002 made under the Disability Discrimination Act 1992 of the Commonwealth and relevant Australian standards.
(5) Must not adversely impact the amenity of a heritage item.
(6) Must be erected by or on behalf of the Council.
Signage—Advertising affixed to pole of street sign
(1) Maximum—2 advertising panels per street sign, but the panels may have an advertisement on each side.
(2) Maximum display area per panel on each side—1.2m × 1.8m.
(3) Must not contain flashing or moving electronic content.
(4) Must comply with the Disability Standards for Accessible Public Transport 2002 made under the Disability Discrimination Act 1992 of the Commonwealth and relevant Australian standards.
(5) If the street sign is in Zone R2 or Zone E4—must only be located on or near a main road.
(6) Must not adversely impact the amenity of a heritage item.
(7) Must be erected by or on behalf of the Council.
Signage—Advertising on side of pedestrian bridge above road
(1) Maximum—1 advertising panel per direction of traffic under pedestrian bridge.
(2) Must provide safe vertical clearance for vehicles.
(3) Must not block visibility of oncoming traffic.
(4) Must not contain flashing signage.
(5) Must comply with the Minimum coefficients of Luminous intensity per unit area for Class 2A Material in AS/NZS 1906.1:2007, Retroreflective materials and devices for road traffic control purposes, Part 1: Retroreflective sheeting.
(6) Must not adversely impact the amenity of a heritage item, the curtilage of a heritage item or existing public view lines of the heritage item.
(7) Must be erected by or on behalf of the Council.
Schedule 4 Classification and reclassification of public land
(Section 5.2)
Schedule 5 Environmental heritage
(Section 5.10)
Heritage items
| Precinct | Item name | Address | Significance | | North Kellyville | “Yalta”, house and immediate garden | Lot B, DP 374973, 45 Hezlett Road, Kellyville | Local |
Appendix 6 Riverstone West Precinct Plan
section 3.10
Land Use Table
Note.
Part 6 of this Precinct Plan sets out local provisions which include additional permissible land uses and heads of consideration for assessment.
Zone B7 Business Park
Zone IN1 General Industrial
Zone IN2 Light Industrial
Zone SP2 Infrastructure
Zone RE2 Private Recreation
Zone E2 Environmental Conservation
Appendix 7 Alex Avenue and Riverstone Precinct Plan 2010
section 3.10
Land Use Table
Note.
Part 6 of this Precinct Plan sets out local provisions which include additional permissible land uses and heads of consideration for assessment.
Zone R2 Low Density Residential
Zone R3 Medium Density Residential
Zone B1 Neighbourhood Centre
Zone B2 Local Centre
Zone B4 Mixed Use
Zone IN2 Light Industrial
Zone SP2 Infrastructure
Zone RE1 Public Recreation
Zone E2 Environmental Conservation
Appendix 8 Area 20 Precinct Plan
section 3.10
Land Use Table
Note.
Part 6 of this Precinct Plan sets out local provisions which include additional permissible land uses and heads of consideration for assessment.
Zone R2 Low Density Residential
Zone R3 Medium Density Residential
Zone B2 Local Centre
Zone B4 Mixed Use
Zone SP2 Infrastructure
Zone RE1 Public Recreation
Zone E2 Environmental Conservation
Residential flat buildings in Zone B2
(1) This section applies to the land identified as “M” on the Land Zoning Map that is in Zone B2 Local Centre.
(2) Development for the purpose of a residential flat building is permitted with development consent on land identified as “Active street frontage” on the Active Street Frontages Map if the ground floor and first floor of the proposed residential flat building are able to be adapted for the purpose of retail premises or business premises.
(3) Before determining whether to grant development consent under this section, the consent authority must consider—
(a) any adverse impact on employment opportunities in Zone B2 Local Centre, and
(b) the suitability of the land for a residential flat building, and
(c) the relationship of the proposed residential flat building to other buildings (existing or proposed) in the immediate vicinity in relation to separation, setbacks, amenity and urban form, and
(d) pedestrian, cycle, vehicular and service access and circulation, and
(e) the economic viability of ground floor and first floor retail premises or business premises on the land.
Appendix 9 Schofields Precinct Plan
section 3.10
Land Use Table
Note.
Part 6 of this Precinct Plan sets out local provisions which include additional permissible land uses and heads of consideration for assessment.
Zone R2 Low Density Residential
Zone R3 Medium Density Residential
Zone B1 Neighbourhood Centre
Zone B2 Local Centre
Zone SP2 Infrastructure
Zone RE1 Public Recreation
Zone RE2 Private Recreation
Zone E2 Environmental Conservation
Zone E4 Environmental Living
| Precinct | Item name | Property description | Significance | | Schofields | Hebe Farm | Lot 1, DP 527115 | Local | | Schofields | Runway remnant | Lot 4, DP 853847 | Local |
Appendix 10 The Hills Growth Centre Precincts Plan
section 3.10
Land Use Table
Note.
Part 6 of this Precinct Plan sets out local provisions which include additional permissible land uses and heads of consideration for assessment.
Zone R1 General Residential
Zone R2 Low Density Residential
Zone R3 Medium Density Residential
Zone R4 High Density Residential
Zone B2 Local Centre
Zone B6 Enterprise Corridor
Zone B7 Business Park
Zone IN2 Light Industrial
Zone SP2 Infrastructure
Zone RE1 Public Recreation
Zone RE2 Private Recreation
Zone E2 Environmental Conservation
Signage—Bus shelter advertising
(1) Maximum—1 advertising panel per bus shelter, but the panel may have an advertisement on each side.
(2) Maximum display area per panel on each side—1.2m × 1.8m.
(3) Must not contain flashing or moving electronic content.
(4) Must comply with the Disability Standards for Accessible Public Transport 2002 made under the Disability Discrimination Act 1992 of the Commonwealth and relevant Australian standards.
(5) Must not adversely impact the amenity of a heritage item.
(6) Must be erected by or on behalf of the Council.
Signage—Advertising affixed to pole of street sign
(1) Maximum—2 advertising panels per street sign, but the panels may have an advertisement on each side.
(2) Maximum display area per panel on each side—1.2m × 1.8m.
(3) Must not contain flashing or moving electronic content.
(4) Must comply with the Disability Standards for Accessible Public Transport 2002 made under the Disability Discrimination Act 1992 of the Commonwealth and relevant Australian standards.
(5) If the street sign is in Zone R2—must only be located on or near a main road.
(6) Must not adversely impact the amenity of a heritage item.
(7) Must be erected by or on behalf of the Council.
Signage—Advertising on side of pedestrian bridge above road
(1) Maximum—1 advertising panel per direction of traffic under pedestrian bridge.
(2) Must provide safe vertical clearance for vehicles.
(3) Must not block visibility of oncoming traffic.
(4) Must not contain flashing signage.
(5) Must comply with the Minimum coefficients of Luminous intensity per unit area for Class 2A Material in AS/NZS 1906.1:2007, Retroreflective materials and devices for road traffic control purposes, Part 1: Retroreflective sheeting.
(6) Must not adversely impact the amenity of a heritage item, the curtilage of a heritage item or existing public view lines of the heritage item.
(7) Must be erected by or on behalf of the Council.
| Precinct | Item name | Address | Significance | | Box Hill Industrial Precinct | “Marklye” | 18 Nelson Road, Box Hill | Local | | Box Hill Industrial Precinct | The Hunting Lodge | 58 The Water Lane, Rouse Hill | State | | Box Hill Precinct | Box Hill House | 10 Terry Road, Box Hill | State | | Box Hill Precinct | Box Hill Inn | 751 Windsor Road, Box Hill | State |
Appendix 11 Blacktown Growth Centres Precinct Plan
section 3.10
Land Use Table
Note.
Part 6 of this Precinct Plan sets out local provisions which include additional permissible land uses and heads of consideration for assessment.
Zone RU6 Transition
Zone R2 Low Density Residential
Zone R3 Medium Density Residential
Zone B2 Local Centre
Zone B4 Mixed Use
Zone B6 Enterprise Corridor
Zone IN1 General Industrial
Zone SP2 Infrastructure
Zone RE1 Public Recreation
Zone RE2 Private Recreation
Zone E2 Environmental Conservation
Zone E3 Environmental Management
Zone E4 Environmental Living
Appendix 12 Hawkesbury Growth Centres Precinct Plan
section 3.10
Appendix 12: Am 2022 (645), cl 5; 2022 (835), Sch 1[28]; 2023 (524), Sch 1.2[1]; 2024 (63), Sch 1[7].
sch 12: Rep 2024 (63), Sch 1[21].
Land Use Table
Note.
Part 6 of this Precinct Plan sets out local provisions which include additional permissible land uses and heads of consideration for assessment.
Zone R2 Low Density Residential
Zone R3 Medium Density Residential
Zone B2 Local Centre
Zone B4 Mixed Use
Zone SP2 Infrastructure
Zone RE1 Public Recreation
Zone E2 Environmental Conservation
Zone E4 Environmental Living
Motel accommodation and pub
On land being Lot 2 in Deposited Plan 559566 and Lot 31 in Deposited Plan 1089253—development for the purposes of motel accommodation and a pub.
Appendix 13 Marsden Park Industrial Precinct Plan
section 3.10
Land Use Table
Note.
Part 6 of this Precinct Plan sets out local provisions which include additional permissible land uses and heads of consideration for assessment.
Zone R2 Low Density Residential
Zone R3 Medium Density Residential
Zone B5 Business Development
Zone B7 Business Park
Zone IN1 General Industrial
Zone IN2 Light Industrial
Zone SP2 Infrastructure
Zone RE1 Public Recreation
Zone E2 Environmental Conservation
Appendix 14 Riverstone East Stage 3 Precinct Plan
section 3.10
Land Use Table
Note—
Part 6 of this Precinct Plan sets out local provisions, which include additional permissible land uses and heads of consideration for assessment.
Zone R2 Low Density Residential
Zone R3 Medium Density Residential
Zone SP2 Infrastructure
Zone RE1 Public Recreation
Zone C2 Environmental Conservation
Schedule 3 Development that does not require consent—Chapter 4
(Section 4.7)
Appendix 3, hdg: Subst 2022 (835), Sch 1[26].
sch 3, hdg: Am 2024 (63), Sch 1[15].
Development described in Schedule 1 to the Environmental Planning and Assessment Model Provisions 1980.
Appendix 3: Am 2023 (524), Sch 1.2[2].
Schedule 7 Issues to be addressed in statements of environmental effects—Chapter 4
sections 4.11(k) and 4.22(4)(a)
sch 7, hdg: Subst 2024 (63), Sch 1[17].
Appendix 7: Am 2022 (835), Sch 1[28]; 2023 (524), Sch 1.2[1]; 2024 (584), Sch 1[2]; 2025 (692), Sch 4[1].
sch 7: Am 2024 (63), Sch 1[18].
Schedule 8 Newington Village and High Tech Business Park—Chapter 4
(Section 4.9)
sch 8, hdg: Am 2024 (63), Sch 1[19].
Residential
Centre-based child care facilities
Community uses
Dwelling-houses
Educational establishments
General stores
Home occupations
Places of assembly
Places of public worship
Professional consulting rooms
Public utility undertakings
Recreation facilities
Refreshment rooms
Residential flat buildings
Solar generating works
Village Centre
Advertisements
Advertising structures
Centre-based child care facilities
Clubs
Commercial premises
Educational establishments
General stores
Hotels
Motels
Places of assembly
Places of public worship
Public buildings
Public utility undertakings
Recreation facilities
Refreshment rooms
Shops
Service stations
Solar generating works
Taverns
High Tech Business Park
Advertisements
Advertising structures
Centre-based child care facilities
Clubs
Commercial premises
Educational establishments
General stores
Hotels
Light industries
Motels
Motor showrooms
Places of assembly
Places of public worship
Public utility undertakings
Recreation facilities
Refreshment rooms
Service stations
Solar generating works
Utility installations
Warehouses
Appendix 8: Am 2022 (835), Sch 1[28]; 2023 (524), Sch 1.2[1].
Schedule 9 Development for certain additional purposes—Chapter 5
(Section 5.44)
sch 9, hdg: Am 2024 (63), Sch 1[20].
Land forming part of Woolooware Bay in the vicinity of Mangrove Lane, Shell Point, as shown by heavy black edging on the map marked “Sutherland Local Environmental Plan No 74”—marine travel lift within the 12 metre protrusion and floating pontoon and jetty within the 9 metre protrusion.
Land situated south east of Polo Street, Kurnell, being Lot 1 DP 513932, as shown edged heavy black on the map marked “Sutherland Shire Local Environmental Plan—Kurnell Peninsula (1997)—Weather Watch Tower (Amendment No 8)”—a weather watch tower with radar.
Appendix 9: Am 2022 (835), Sch 1[28]; 2023 (524), Sch 1.2[1]; 2024 (63), Sch 1[7]; 2025 (692), Sch 4[2].
Schedule 10 Environmental heritage—Chapter 5
section 5.4(1), definitions of “archaeological site” and “heritage item”
Appendix 10: Am 2022 (835), Sch 1[28]; 2023 (524), Sch 1.2[1]; 2024 (63), Sch 1[7] [8].
sch 10: Subst 2024 (63), Sch 1[21].
Schedules 11, 12 (Repealed)
Appendix 11: Am 2022 (835), Sch 1[28]; 2023 (524), Sch 1.2[1]; 2024 (63), Sch 1[7]; 2025 (237), Sch 1[2]; 2025 (692), Sch 4[3].
sch 11: Rep 2024 (63), Sch 1[21].
Schedule 13 Exempt development—Chapter 5
(Section 5.46)
sch 13, hdg: Am 2024 (63), Sch 1[22].
| Type of activity—development consisting of erection and use or carrying out of the following— | Development standards and other requirements | | Advertising structures | General requirements(a) The erection of the advertising structure must comply with all the requirements of the Building Code of Australia, including Part B1 (Structural Provisions).(b) Signs must not cover mechanical ventilation inlet or outlet vents.(c) Advertising structures within a public road reserve must be at least 0.6m from kerb/roadway edge.(d) Flashing signs are not exempt in any zone.(e) No restrictions on advertising where displayed within a building and the advertisement is not visible from a public place, although it may be visible through openings at the ground and first floor levels of business premises, shops, food shops, restaurants, industrial premises, warehouses or bulky goods outlets. | | 1 Street and traffic signs | | | 2 Business advertising | | | (a) Suspended under awning signs | (a) One per premises.(b) Must not exceed 1.5m2 in area and, if over a public road, must be suspended with a clearance of no less than 2.6m above ground or pavement level.(c) Must relate to the use of premises. | | (b) Awning fascia signs | (a) Must relate to the use of the premises to which the fascia is attached.(b) Where a development control plan for a business centre applies, the background colour, and all lettering colours and styles on the awning fascia must comply with the requirements of that plan. | | (c) Under awning advertising (on building facades) | Must relate to the use of the building | | (d) A-frame signs and shopfront displays | (a) Must comply with the approved development control plan for A-frame advertising boards and shopfront display.(b) A lease or licence for the structure must be obtained from the before the sign or shopfront display is erected. | | 3 Industrial advertising | (a) One advertising sign of a maximum of 5m2 in area is permitted and it must be fixed flush to the front elevation of the industrial building or industrial unit, to a maximum height of 6m above ground level and not project above the parapet of the building or the eaves line where the building has a pitched roof.(b) Freestanding directory boards for multiple occupancy complexes are permitted within the property boundary/premises subject to the total area of the board or boards not exceeding 5m2 in area and a maximum height of 4.5m above ground level.(c) All signage must relate to the activity on the site. | | 4 Temporary signs | | | (a) Real estate signs | (a) Must only advertise premises or land for sale or lease.(b) One sign per premises and located within property boundaries.(c) Sign must not exceed 2.5m2 in area.(d) Not exempt more than 14 days after completion of the sale or granting of the lease. | | (b) Construction signs (signs advertising firms involved in construction of a building) | (a) Only during construction of the building.(b) One composite sign per premises only and the sign must be located within the property boundaries.(c) Any signage must not exceed 2.5m2 in area. | | (c) Special event sign | (a) Must be displayed only on the property where the special event is to be held.(b) Must be constructed of lightweight, banner type material.(c) Not exempt for more than 14 days before the special event or more than 48 hours after the event is finalised. | | (d) Inflatable promotional signs | (a) Must be displayed only on the property where the promotion is to be held.(b) Not exempt if displayed for more than 7 consecutive days, more than 4 times or for a total of more than 28 days in any year or later than 48 hours after the relevant promotion is finalised. | | 5 Home activity identification signs | | | 6 Community advertising | (a) A permanent fixed sign must not exceed 1.5m2 in area and must not be higher than 3m above the ground or pavement level.(b) A temporary sign may not display an advertisement for more than 7 consecutive days or for a total of more than 28 days in any year. | | Outdoor eating areas | (a) Must comply with the approved development control plan for Outdoor Eating Areas.(b) A licence for the activity must be obtained from the Council before any outdoor eating activities are undertaken. |
Appendix 13: Ins 2022 (835), Sch 4[25] (transferred and renumbered from State Environmental Planning Policy (Precincts—Western Parkland City) 2021, Appendix 3). Am 2022 (835), Sch 1[29]; 2023 (458), Sch 3.4[2]; 2023 (524), Sch 1.2[1]; 2024 (63), Sch 1[7]; 2025 (692), Sch 4[4].
Schedule 14 Complying development—Chapter 5
(Section 5.47)
sch 14, hdg: Am 2024 (63), Sch 1[23].
Appendix 14: Ins 2025 (237), Sch 1[3].
Schedule 15 (Repealed)
sch 15: Rep 2021 (725), Sch 15.
Sourced from legislation.nsw.gov.au, CC BY 4.0.
1.1 Name of Policy
This Policy is State Environmental Planning Policy (Precincts—Central River City) 2021.
1.2 Commencement
This Policy commences on 1 March 2022 and is required to be published on the NSW legislation website.
1.3 Definitions
In this Policy—
the Act means the Environmental Planning and Assessment Act 1979.
Note—
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Policy.
1.4 Transferred provisions
The Interpretation Act 1987, section 30A is taken to apply to the provisions transferred to this Policy on the commencement of this Policy in the same way as it applies to provisions transferred from a statutory rule to another statutory rule.
Note—
The Interpretation Act 1987, section 30A provides—
(a) the transfer of a provision does not affect the operation or meaning of the provision, and
(b) a transferred provision is to be construed as if it had not been transferred.
Part 2.1 Preliminary
2.1 Aims of Chapter
The aims of this Chapter are as follows—
(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,
(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.
2.2 Application of Policy—transitional Part 3A projects
(1) On the repeal of Part 3A of the Act, this Chapter is subject to Schedule 6A to the Act.
Note.
Schedule 6A of the Act sets out those projects which will continue as Part 3A projects (transitional Part 3A projects) and revokes the declaration of any other Part 3A project.
(2) The repeal of sections 6–6C and Schedules 1, 2 and 5 of this Chapter, and the other amendments made to this Chapter, by the State Environmental Planning Policy (State and Regional Development) 2011 do not affect any of the following—
(a) the declaration under this Chapter of a project as a project or a critical infrastructure project under Part 3A, if that project is a transitional Part 3A project,
(b) any certificate in force under section 6C immediately before that repeal.
(3) Particular development is not a transitional Part 3A project if—
(a) another provision of this Chapter or a provision of another environmental planning instrument, whether made before or after this Chapter takes effect, provides that the particular development is exempt or complying development, and
(c) the particular development is not carried out as part of or in conjunction with other development that is a transitional Part 3A project.
2.3 Definitions and key concepts
(1) In this Chapter—
the Act means the Environmental Planning and Assessment Act 1979.
Note.
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Chapter.
(2) Words and expressions used in this Chapter have the same meaning as they have in Schedule 6A to the Act.
(3) A reference to this Chapter includes a reference to an Appendix made under this Chapter.
s 2.3: Am 2022 (835), Sch 1[1] [2].
2.4 Maps
(1) A reference in this Chapter to a named map adopted by this Chapter is a reference to a map by that name—
(a) approved by the Minister when the map is adopted, and
(b) as amended or replaced from time to time by maps declared by environmental planning instruments to amend or replace that map, and approved by the Minister when the instruments are made.
(2) Any 2 or more named maps may be combined into a single map. In that case, a reference in this Chapter to any such named map is a reference to the relevant part or aspect of the single map.
(3) Any such maps are to be kept and made available for public access in accordance with arrangements approved by the Minister.
(4) For the purposes of this Chapter, a map may be in, and may be kept and made available in, electronic or paper form, or both.
(5) A map referred to in an Appendix made under this Chapter is taken to be a map adopted by this Chapter.
s 2.4: Am 2022 (835), Sch 1[3].
2.5 Land to which Chapter applies
This Chapter applies to the State.
2.6 Relationship to other environmental planning instruments
Subject to section 74(1) of the Act, in the event of an inconsistency between this Chapter and another environmental planning instrument whether made before or after the commencement of this Chapter, this Chapter prevails to the extent of the inconsistency.
2.6A Savings
(1) A development application made, but not finally determined, before the commencement of State Environmental Planning Policy Amendment (Exceptions to Development Standards) 2023 must be determined as if that policy had not commenced.
(2) A development application lodged, but not finally determined, before the commencement of State Environmental Planning Policy (Precinct—Central River City) Amendment (Sydney Olympic Park Master Plan 2050) 2026 must be determined as if that policy had not commenced.
s 2.6A: Ins 2023 (524), Sch 2.1[1]. Am 2026 (133), Sch 1[1].
Part 2.2 State significant precincts
2.7 State significant precincts
(1) Each Appendix made under this Chapter describes a State significant precinct.
(2) The provisions in an Appendix made under this Chapter relating to the carrying out of development on a State significant precinct have effect.
s 2.7: Am 2022 (835), Sch 1[4].
2.8 Guidelines for proposals for State significant precinct listing
(1) The Minister may publish guidelines for proposals to amend an Appendix made under this Chapter.
(2) This section does not preclude an amendment of an Appendix made under this Chapter without compliance with those guidelines.
s 2.8: Am 2022 (835), Sch 1[4].
Part 3.1 Preliminary
3.1 Aims of Chapter
The aims of this Chapter are (in conjunction with amendments to the regulations under the Act relating to precinct planning) as follows—
(a) to co-ordinate the release of land for residential, employment and other urban development in the North West Growth Centre,
(b) to enable the Minister from time to time to designate land in growth centres as ready for release for development,
(c) to provide for comprehensive planning for growth centres,
(d) to enable the establishment of vibrant, sustainable and liveable neighbourhoods that provide for community well-being and high quality local amenity,
(e) to provide controls for the sustainability of land in growth centres that has conservation value,
(f) to provide for the orderly and economic provision of infrastructure in and to growth centres,
(g) to provide development controls in order to protect the health of the waterways in growth centres,
(h) to protect and enhance land with natural and cultural heritage value,
(i) to provide land use and development controls that will contribute to the conservation of biodiversity.
s 3.1: Am 2022 (835), Sch 1[5].
3.2 Interpretation
(1) In this Chapter—
flood prone and major creeks land means the land in a growth centre precinct shown as flood prone and major creeks land and coloured blue on the North West Growth Centre Development Control Map.
growth centre means the North West Growth Centre shown on the North West Growth Centre Precinct Boundary Map.
Note—
The North West Growth Centre was, but is no longer, a growth centre under the Growth Centres (Development Corporations) Act 1974.
growth centre precinct or precinct means a precinct shown on the North West Growth Centre Precinct Boundary Map.
growth centre structure plan means the structure plan for the North West Growth Centre comprising the explanatory notes and the map identified by the Minister on the commencement of State Environmental Planning Policy (Sydney Region Growth Centres) Amendment (Miscellaneous) 2010.
Precinct Plan means an Appendix made under this Chapter.
special area means land shown as being in a special area on the Special Areas Map.
Standard Instrument means the standard instrument set out in the Standard Instrument (Local Environmental Plans) Order 2006.
transitional land means land in a growth centre precinct shown as transitional land and hatched pink on the North West Growth Centre Development Control Map.
Note—
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Chapter.
(2) (Repealed)
(3) A reference in this Chapter to a growth centre structure plan is a reference to a plan deposited in the Department.
(4) A reference to this Chapter includes a reference to an Appendix made under this Chapter.
s 3.2: Am 2022 (835), Sch 1[4] [6]–[9].
3.3 Application of Standard Instrument land uses and other terms
(1) Words used in this Chapter have the same meaning as in the Standard Instrument, unless otherwise defined in this Chapter.
(2) In this Chapter—
archaeological site means an area of land—
(a) shown on the Heritage Map as an archaeological site, and
(b) the location and nature of which is described in a Schedule to a Precinct Plan, and
(c) that contains one or more relics.
biosolid waste application means the application of sludge or other semi-solid products of human sewage treatment plants to land for the purpose of improving land productivity, that is undertaken in accordance with the NSW Environment Protection Authority’s guidelines titled Environmental Guidelines: Use and Disposal of Biosolids Products (EPA 1997) and Addendum to Environmental Guidelines: Use and Disposal of Biosolids Products (EPA 2000a).
boat repair facility means a boat building and repair facility within the meaning of the Standard Instrument.
bulky goods premises means a building or place used primarily for the sale by retail, wholesale or auction of, or for the hire or display of, bulky goods, being goods that are of a size or weight that requires—
(a) a large area for handling, display or storage, or
(b) direct vehicular access to the site of the building or place by members of the public for the purpose of loading or unloading the goods into or from their vehicles after purchase or hire,
but does not include a building or place used for the sale of foodstuffs or clothing unless their sale is ancillary to the sale or hire or display of bulky goods.
funeral chapel means premises used to arrange, conduct and cater for funerals and memorial services, and includes facilities for the short-term storage, dressing and viewing of bodies of deceased persons, but does not include premises with mortuary facilities.
heavy industry means an industry that—
(a) requires separation from other land uses because of the nature of the processes involved, or the materials used, stored or produced, and
(b) may consist of or include a hazardous or offensive industry or involve the use of a hazardous or offensive storage establishment.
heritage conservation area means an area of land—
(a) shown on the Heritage Map as a heritage conservation area or as a place of Aboriginal heritage significance, and
(b) the location and nature of which is described in a Schedule to a Precinct Plan,
and includes any heritage items situated on or within that area.
heritage item means a building, work, archaeological site, tree, place or Aboriginal object—
(a) shown on the Heritage Map as a heritage item, and
(b) the location and nature of which is described in a Schedule to a Precinct Plan, and
(c) specified in an inventory of heritage items that is available at the office of the Council.
industry means the manufacturing, production, assembling, altering, formulating, repairing, renovating, ornamenting, finishing, cleaning, washing, dismantling, transforming, processing or adapting, or the research and development of goods, chemical substances, food, agricultural or beverage products, or articles for commercial purposes, but does not include extractive
This is an opening excerpt, not the complete document.