REVIEW OF STATE AND REGIONAL ENVIRONMENTAL PLANNING ... · This document provides a review of State and Regional Environmental Planning Policies ... policies and strategies ... SEPP

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REVIEW OF STATE AND REGIONAL ENVIRONMENTAL PLANNING POLICIES UNDER THE

ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979

FORBES SHIRE COUNCIL

Forbes Local Environmental Plan 2010

Pursuant to Section 66(1)(b)(iii) of the Environment Planning and Assessment Act 1979, Council is required to provide a

statement with the exhibition identifying any State Environmental Planning Policy, Regional Environmental Plan, or relevant

direction under Section 117 that substantially govern the operation of the Draft Local Environmental Plan. Any submissions

made regarding the Draft Local Environmental Plan shall have regard to these relevant policies.

This document provides a review of State and Regional Environmental Planning Policies and their relationship to the above Draft

Local Environmental Plan. It is considered for the above purposes that no State Environmental Planning Policies substantially

govern the operation of the Draft Plan and no Regional Environmental Plans apply to the Forbes Shire.

STATE ENVIRONMENTAL PLANNING POLICY (SEPP) COMMENTS MADE BY FORBES SHIRE COUNCIL

SEPP No 1 – Development Standards

This Policy provides flexibility in the application of planning

controls operating by virtue of development standards in

circumstances where strict compliance with those standards

would, in any particular case, be unreasonable or unnecessary

or tend to hinder the attainment of the objects specified in

section 5 (a) (i) and (ii) of the Act.

The provisions of SEPP1 will not apply once the Draft LEP has

been introduced by virtue of the mandatory clause 1.9. The

provisions of SEPP 1 are essentially contained within clause

4.6, a compulsory clause which provides for the minor

variation of a development standard in a similar manner as the

current SEPP.

SEPP No 4 – Development without Consent and

Miscellaneous Complying Development

(1) This Policy is designed to permit development for a purpose

which is of minor environmental significance, development for

certain purposes by public utility undertakings and development

on certain land reserved or dedicated under the National Parks

and Wildlife Act 1974 without the necessity for development

consent being obtained therefore, where:

(a) the carrying out of that development is not prohibited

under the Act, except by reason only of a requirement

for the obtaining of development consent before that

development may be carried out, and

(b) the development is carried out in accordance with any

development standard applying in respect of the

The provisions within this SEPP do not apply to the Draft LEP

by virtue of mandatory clause 1.9.

The provisions of this SEPP are superseded by exempt and

complying development provisions contained in SEPP (Exempt

and Complying Development Codes) 2008 and clause 3.1 of the

draft LEP and its reference to exempt and complying

development within Schedules 1 and 2.

http://www.legislation.nsw.gov.au/summarize/inforce/s/1/?xref=RecordType%3DACTTOC%20AND%20Year%3D1974%20AND%20Actno%3D80&nohits=y


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development,

but without affecting any requirement to obtain consent or

approval under any other Act in respect of the carrying out of

development.

(2) This Policy is also designed to regulate, as complying

development throughout the State:

(a) the conversion of fire alarm systems from connection

with the alarm monitoring system of New South Wales

Fire Brigades to connection with the alarm monitoring

system of a private service provider, and

(b) the conversion of fire alarm systems from connection

with the alarm monitoring system of a private service

provider to connection with the alarm monitoring

system of another private service provider, and

(c) the conversion of fire alarm systems 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) This Policy is also designed to allow, as exempt

development throughout the State:

(a) filming that complies with the requirements of clauses

14 and 15, and

(b) rainwater tanks that comply with the requirements of

clauses 14 and 16.

SEPP No 6 – Number of Stories in a Building

The aims, objectives, policies and strategies of this Policy are:

(a) to remove any confusion arising from the interpretation

of provisions in environmental planning instruments

which control the height of buildings by reference to the

number of storeys, floors or levels which the buildings

contain, by specifying the manner in which that number

is to be determined,

(b) to facilitate the erection of buildings which conform to

the topography of the land on which the buildings are

erected, and

(c) to modify the meaning of each of the words “storey”,

“floor” and “level” used in an environmental planning

instrument to which this Policy applies, but only:

(i) for the purpose of the application of this Policy in

relation to certain provisions of that instrument, and

(ii) so as to exclude, for certain purposes, from the meaning

of each of those words a roof (or part thereof) used as an

uncovered garden, terrace or deck.

The height of buildings will be controlled by Clause 4.3 and the

Height of Buildings map within the draft LEP. The method of

calculating the height of a building will remain in accordance

with this SEPP.

Therefore, the provisions within this SEPP will supplement

those in the Draft Local Environmental Plan and are consistent

in the proposed application once the draft LEP is introduced.

SEPP No. 14 – Coastal Wetlands

The aim of this policy is to ensure that the coastal wetlands are

preserved and protected in the environmental and economic

interests of the State.

Not Applicable.

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SEPP No. 15 – Rural Landsharing Communities

This Policy aims:

(a) to encourage and facilitate the development of rural

landsharing communities committed to environmentally

sensitive and sustainable land use practices, and thus

(b) to enable:

(i) people to collectively own a single allotment of land and

use it as their principal place of residence, and

(ii) the erection of multiple dwellings on the allotment and

the sharing of facilities and resources to collectively

manage the allotment, and

(iii) the pooling of resources, particularly where low

incomes are involved, to economically develop a wide

range of communal rural living opportunities, including

the construction of low cost buildings, and

(c) to facilitate development, preferably in a clustered style:

(i) in a manner that both protects the environment and does

not create a demand for the unreasonable or uneconomic

provision of public amenities or public services by the

State or Commonwealth governments, a council or other

public authorities, and

(ii) in a manner that does not involve subdivision, strata

title or any other form of separate land title, and in a

manner that does not involve separate legal rights to

parts of the land through other means such as

agreements, dealings, company shares, trusts or time-

sharing arrangements, and

(iii) to create opportunities for an increase in the rural

population in areas that are suffering or are likely to

suffer from a decline in services due to rural population

loss, and

(d) to repeal State Environmental Planning Policy No 42—

Multiple Occupancy of Rural Land (Repealed).

Not Applicable.

SEPP No. 19 – Bushland in Urban Areas

(1) The general aim of this Policy is to protect and preserve

bushland within the urban areas referred to in Schedule 1

because of:

(a) its value to the community as part of the natural

heritage,

(b) its aesthetic value, and

(c) its value as a recreational, educational and scientific

resource.

(2) The specific aims of this policy are:

(a) to protect the remnants of plant communities which

Not Applicable.

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were once characteristic of land now within an urban

area,

(b) to retain bushland in parcels of a size and

configuration which will enable the existing plant and

animal communities to survive in the long term,

(c) to protect rare and endangered flora and fauna species,

(d) to protect habitats for native flora and fauna,

(e) to protect wildlife corridors and vegetation links with

other nearby bushland,

(f) to protect bushland as a natural stabiliser of the soil

surface,

(g) to protect bushland for its scenic values, and to retain

the unique visual identity of the landscape,

(h) to protect significant geological features,

(i) to protect existing landforms, such as natural drainage

lines, watercourses and foreshores,

(j) to protect archaeological relics,

(k) to protect the recreational potential of bushland,

(l) to protect the educational potential of bushland,

(m) to maintain bushland in locations which are readily

accessible to the community, and

(n) to promote the management of bushland in a manner

which protects and enhances the quality of the

bushland and facilitates public enjoyment of the

bushland compatible with its conservation.

SEPP No. 21 – Caravan Parks

(1) The aim of this Policy is to encourage:

(a) the orderly and economic use and development of land

used or intended to be used as a caravan park catering

exclusively or predominantly for short-term residents

(such as tourists) or for long-term residents, or catering

for both, and

(b) the proper management and development of land so

used, for the purpose of promoting the social and

economic welfare of the community, and

(c) the provision of community facilities for land so used,

and

(d) the protection of the environment of, and in the

vicinity of, land so used.

(2) The strategies by which that aim is to be achieved are:

(a) (Repealed)

(b) by requiring that development consent be obtained

from the local Council for development for the

purposes of caravan parks, and

(c) by providing that development consent may be

granted that will authorise the use of sites for short-

term stays (whether or not by tourists) or for long-term

The Draft LEP gives effect to the objectives of this SEPP by

identifying suitable zones where caravan parks are permissible

with development consent. Caravan parks are permitted with

development consent in the following zones:

RU5 - Village;

SP3 - Tourist; and

RE2 - Private Recreation.

The provisions within this SEPP are additional to those in the

Draft Local Environmental Plan requiring consideration in the

DA and assessment of proposed Caravan Parks. The draft

Forbes LEP is consistent with the provisions of SEPP No 21 –

Caravan Parks.

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residential purposes, or for both, and

(d) by requiring that development consent be obtained

from the local Council for the subdivision of land for

lease purposes under section 289K of the Local

Government Act 1919.

SEPP No. 22 – Shops and Commercial Premises

The aim of this policy is to permit within a business zone:

(a) the change of use of a building lawfully used for a

particular kind of commercial premises to another kind

of commercial premises or to a shop, or

(b) the change of use of a building lawfully used for a

particular kind of shop to another kind of shop or to a

commercial premises,

even though that change of use is prohibited under another

environmental planning instrument, if

(c) the consent authority is satisfied the change of use will

not have more than a minor environmental effect and is

in keeping with the objectives (if any) of the zone, and

(d) development consent is obtained for the change of

use from that consent authority.

Change of use of a building as prescribed in SEPP No.22 is

permissible as exempt development in accordance with SEPP

(Exempt and Complying Development Codes) 2008.


Draft Local Environmental Plan and do not substantially affect

or alter the operation of the Draft Plan.

SEPP No. 26 – Littoral Rainforests

The aim of this Policy is to provide a mechanism for the

consideration of applications for development that is likely to

damage or destroy littoral rainforest areas with a view to the

preservation of those areas in their natural state.

Not Applicable.

SEPP No. 29 – Western Sydney Recreation Area

(1) The primary aim of this Policy is:

(a) to enable the development of a recreation area of State

significance (in this Policy referred to as the Western

Sydney Recreation Area), and

(b) to enable the carrying out of development for

recreational, sporting and cultural purposes within the

Western Sydney Recreation Area, and

(c) without limiting the generality of paragraphs (a) and

(b), to enable the carrying out of development for the

following purposes:

(i) motor sports, including motor racing,

(ii) sportsgrounds and stadiums,

(iii) showgrounds,

(iv) golf courses,

(v) sporting complexes such as for basketball, swimming,

squash and tennis,

(vi) equestrian and like facilities, including race courses,

(vii) passive recreation including parklands and gardens,

(viii) cultural and entertainment facilities,

Not Applicable.

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(ix) training facilities in connection with activities carried

out for recreational, sporting and cultural purposes,

(x) motor sport industry related to the Eastern Creek

Raceway, including research and development,

promotion and marketing,

(xi) any other like or similar purpose.

(2) The other aims of this Policy are:

(a) to enable the carrying out of development for purposes

operated in conjunction with or as a necessary adjunct

to the purposes specified in subclause (1), and

(b) to allow the carrying out of interim development, and

(c) to allow the carrying out of development for public

authority undertakings and infrastructure, and

(d) to ensure that any development will contribute to or

not impede the implementation of the primary aim of

this Policy.

SEPP No. 30 – Intensive Agriculture

(1) The aims of this Policy are:

(a) to require development consent for cattle feedlots

having a capacity to accommodate 50 or more head of

cattle, and piggeries having a capacity to accommodate

200 or more pigs or 20 or more breeding sows, and

(b) to provide for public participation in the consideration

of development applications for cattle feedlots or

piggeries of this size, and

(c) to require that, in determining a development

application for cattle feedlots or piggeries of this size,

the consent authority is to take into consideration:

(i) the adequacy of information provided, and

(ii) the potential for odour, water pollution and soil

degradation, and

(iii) measures to mitigate potential adverse impacts, and

(iv) measures for the health and welfare of animals, and

(v) relevant guidelines,

so as to achieve greater consistency in environmental planning

and assessment for cattle feedlots and piggeries.

(2) This Policy also aims to extend the definition of the term

rural industry where used in environmental planning

instruments so as to include within the meaning of that term

composting facilities and works, including facilities and works

for the production of mushroom substrate.

Intensive Agriculture (incorporating feedlots, restricted dairies,

poultry farms and piggeries) are permissible with consent in

RU1 Primary Production. The Draft LEP incorporates the

standard definitions detailed in the Standard Instrument (Local

Environmental Plans) Order 2006 and permits this range of

uses within the R1 Primary Production zone.



the operation of the Draft Plan.

SEPP No. 32 – Urban Consolidation (Redevelopment of Urban

Land)

(1) This Policy aims:

(a) to promote the orderly and economic use and

development of land by enabling urban land which is

no longer required for the purpose for which it is

The Draft LEP permits multi dwelling housing throughout the

entire residential and business zones.



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currently zoned or used to be redeveloped for multi-

unit housing and related development, and

(b) to implement a policy of urban consolidation which

will promote the social and economic welfare of the

State and a better environment by enabling:

(i) the location of housing in areas where there are

existing public infrastructure, transport and community

facilities, and

(ii) increased opportunities for people to live in a locality

which is close to employment, leisure and other

opportunities, and

(iii) the reduction in the rate at which land is released for

development on the fringe of existing urban areas.

(2) The objectives of this Policy are:

(a) to ensure that urban land suitable for multi-unit

housing and related development is made available for

that development in a timely manner, and

(b) to ensure that any redevelopment of urban land for

multi-unit housing and related development will result

in:

(i) an increase in the availability of housing within a

particular locality, or

(ii) a greater diversity of housing types within a particular

locality to meet the demand generated by changing

demographic and household needs, and

(c) to specify:

(i) the criteria which will be applied by the Minister to

determine whether the redevelopment of particular

urban land sites is of significance for environmental

planning for a particular region, and

(ii) the special considerations to be applied to the

determination of development applications for multi-

unit housing and related development on sites of such

significance.


SEPP No. 33 – Hazardous and Offensive Development

This Policy aims:

(a) to amend the definitions of hazardous and offensive

industries where used in environmental planning

instruments, and

(b) to render ineffective a provision of any environmental

planning instrument that prohibits development for the

purpose of a storage facility on the ground that the

facility is hazardous or offensive if it is not a

hazardous or offensive storage establishment as

defined in this Policy, and

Under the Draft Forbes Local Environmental Plan, Hazardous

and Offensive Industries and Storage Establishments are

permitted only with consent in IN1 General Industrial zone.




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(c) to require development consent for hazardous or

offensive development proposed to be carried out in

the Western Division, and

(d) to ensure that in determining whether a development

is a hazardous or offensive industry, any measures

proposed to be employed to reduce the impact of the

development are taken into account, and

(e) to ensure that in considering any application to carry

out potentially hazardous or offensive development,

the consent authority has sufficient information to

assess whether the development is hazardous or

offensive and to impose conditions to reduce or

minimise any adverse impact, and

(f) to require the advertising of applications to carry out

any such development.

SEPP No. 36 – Manufactured Home Estates

(1) The aims of this Policy are:

(a) to facilitate the establishment of manufactured home

estates as a contemporary form of medium density

residential development that provides an alternative to

traditional housing arrangements, and

(b) to provide immediate development opportunities for

manufactured home estates on the commencement of

this Policy, and

(c) to encourage the provision of affordable housing in

well designed estates, and

(d) to ensure that manufactured home estates are situated

only in suitable locations and not on land having

important resources or having landscape, scenic or

ecological qualities that should be preserved, and

(e) to ensure that manufactured home estates are

adequately serviced and have access to essential

community facilities and services, and

(f) to protect the environment surrounding manufactured

home estates, and

(g) to provide measures which will facilitate security of

tenure for residents of manufactured home estates.

(2) The strategies by which those aims are to be achieved are:

(a) by allowing, with development consent, manufactured

home estates on certain land on which caravan parks

are permitted if the land meets the suitable locational

criteria stipulated in this Policy (which it would not do

if, for example, it contains important resources, is

subject to natural or man-made risks or has sensitive

environmental or ecological features), and

(b) by applying this Policy to areas where there is likely

to be a demand and suitable opportunities for the

development of manufactured home estates, and

Manufactured home estates are allowed, with development

consent, on certain land on which caravan parks are

permitted. This land includes that zoned RU5 Village; SP3

Tourist; and RE2 Private Recreation. The provisions of the

Draft LEP are consistent with the aims and objectives of this

SEPP.




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(c) by allowing manufactured home estates to be

subdivided with development consent either by way of

leases for terms of up to 20 years or under the

Community Land Development Act 1989, and

(d) by enabling the Minister for Planning to exclude from

this Policy any land that is subject to a local

environmental plan prepared in accordance with the

principles of a direction issued in conjunction with this

Policy under section 117 of the Act.

SEPP No. 39 – Spit Island Bird Habitat

The aim of this Policy is to encourage the protection of the

environment:

(a) by enabling development to be carried out without

consent for the purpose of creating and protecting a

bird habitat at Spit Island, and

(b) by recognising that environmental assessment of the

development will need to be carried out in accordance

with Part 5 of the Environmental Planning and

Assessment Act 1979 (if the development is carried out

for or on behalf of a public authority or if a public

authority’s approval is required in order to enable the

development to be carried out).

Not Applicable.

SEPP No. 41 – Casino/Entertainment Complex

This Policy aims:

(a) to promote the social and economic welfare of the

State through the generation of employment and other

long term economic benefits, and

(b) to further the development of Sydney, in particular as

a world class tourist destination, and

(c) to improve and enhance the cultural and recreational

facilities of Sydney for the people of New South

Wales, and

(d) to promote the orderly and economic use and

development of land, in particular strategic land within

the City of Sydney which is vested in the Crown, and

(e) to promote the development of the City West precinct

of Sydney,

by enabling land, including the site specified by Ministerial

direction under section 7 (1) of the Casino Control Act 1992 as

the permissible location for a casino, to be developed for the

purpose of a casino entertainment complex with the consent of

the consent authority.

Not Applicable.

SEPP No. 44 – Koala Habitat Protection

This Policy aims to encourage the proper conservation and

management of areas of natural vegetation that provide habitat

for koalas to ensure a permanent free-living population over

There are no known colonies nor potential core koala habitat

areas across the Forbes Shire however, at the time of

preparing the Draft LEP, these koala habitat areas were yet to

be mapped.





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their present range and reverse the current trend of koala

population decline:

(a) by requiring the preparation of plans of management

before development consent can be granted in relation

to areas of core koala habitat, and

(b) by encouraging the identification of areas of core

koala habitat, and

(c) by encouraging the inclusion of areas of core koala

habitat in environment protection zones.

The provisions within this SEPP do not substantially affect the

operation of the Draft Plan.

SEPP No. 47 – Moore Park Showground

This Policy aims:

(a) to enable the redevelopment of the Moore Park

Showground in a manner that is consistent with its

status as an area of importance for State and regional

planning in New South Wales, and

(b) to improve and enhance the cultural and recreational

facilities of Sydney for the people of New South Wales

by furthering the development of Sydney as a world

class film, television and video production centre, and

(c) to recognise the State significance of a film and

television studio on the Moore Park Showground in

terms of employment generation and additional

revenue for the State, and

(d) to allow a range of film, television, video and related

development, commercial uses associated with the

film, television and video industry and other

entertainment, recreational and educational activities

on the Moore Park Showground, and

(e) to ensure that a range of impacts is considered by the

consent authority in determining development

applications, and

(f) to ensure that community and equestrian uses can

continue on parts of the Moore Park Showground and

that provision is made for public access, and

(g) to recognise the heritage significance of the Moore

Park Showground and protect any archaeological

relics.

Not Applicable.

SEPP No. 50 – Canal Estate Development

This Policy aims to prohibit canal estate development as

described in this Policy in order to ensure that the

environment is not adversely affected by the creation of new

developments of this kind.

The Draft LEP incorporates the standard definitions detailed in

the Standard Instrument (Local Environmental Plans) Order

2006, which supersedes the definition of ‘canal estate

development’ contained in this SEPP.




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SEPP No. 52 – Farm Dams and other Works in Land and

Water Management Plan Areas

(1) This Policy aims to require environmental assessment

under Part 4 of the Environmental Planning and

Assessment Act 1979 of development for the purpose of

artificial waterbodies (other than minor works in restricted

locations) that will be carried out under farm plans that

implement land and water management plans.

Consequently, that development will be able to be lawfully

carried out only with development consent granted by the

council of the local government area in which it will be carried

out and only after a statement of environmental effects or (in

the case of large works or those on environmentally sensitive

land) only after an environmental impact statement has been

considered by the council.

(2) This Policy also aims to allow the carrying out of

development without development consent for the purpose

of the following:

(a) small artificial waterbodies, such as those used for the

purpose of storing water run-off for reuse, but only in

locations restricted by this Policy,

(b) routine maintenance of irrigation channels, and the use

of land for related access, whether or not a land and

water management plan applies to the land concerned,

(c) emergency work on irrigation channels by irrigation

corporations and their use of land for related access,

whether or not a land and water management plan

applies to the land concerned.

(d) (Repealed)

The Jemalong-Wydles Plains irrigation districts are contained

within the Forbes Shire and applicable under the draft LEP.

Nothing in the draft LEP would alter the application of this

SEPP for the development of artificial water bodies.

The Jemalong-Wydles Plains irrigation districts have been

identified in Clause 4.2B of the DLEP to permit irrigated

agriculture and ancillary dwelling on a minimum allotment of

100 hectares. The area as identified by SEPP52 has been

mapped in accordance with the standard requirements for

mapping.


Draft Local Environmental Plan and are consistent in their

application under the Draft Plan.

SEPP No. 53 – Metropolitan Residential Development

(1) This Policy aims to encourage the provision of housing in

metropolitan areas that will:

(a) broaden the choice of building types and locations

available in the housing market, and

(b) make more efficient use of existing infrastructure and

services, and

(c) reduce the consumption of land for housing and

associated urban development on the urban fringe, and

(d) be of good design.

(2) These aims are to be achieved:

(a) by establishing planning controls that will provide

opportunities for a variety of housing types, such as

multi unit housing or multi unit housing combined with

development for any other purpose to be developed in

areas the councils of which have not adopted

residential development strategies approved by the

Minister, and

(b) by setting out design principles that, if followed, will

Not Applicable.



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achieve built form that responds to the characteristics

of its site and location, and

(c) by encouraging councils to prepare and adopt

residential development strategies and supporting local

environmental plans and policies that will achieve

those aims, and by allowing local government areas to

be exempted from the whole or parts of this policy

when those strategies and plans are in place.

(3) In addition, this Policy aims to simplify and streamline

certain aspects of the planning system relating to residential

development:

(a) by revising the provisions in a number of State

environmental planning instruments to improve their

operation, and

(b) by restating the revised provisions of those

environmental planning instruments in a single policy

written in a manner that is easy to understand.

SEPP No. 55 – Remediation of Land

(1) The object of this Policy is to provide for a Statewide

planning approach to the remediation of contaminated land.

(2) In particular, this Policy aims to promote the remediation of

contaminated land for the purpose of reducing the risk of

harm to human health or any other aspect of the

environment:

(a) by specifying when consent is required, and when it is

not required, for a remediation work, and

(b) by specifying certain considerations that are relevant

in rezoning land and in determining development

applications in general and development applications

for consent to carry out a remediation work in

particular, and

(c) by requiring that a remediation work meet certain

standards and notification requirements.

The provisions within this SEPP are additional to those

contained in the Draft Local Environmental Plan in their

application to the remediation of contaminated land. Noting

in the Draft LEP would affect the requirements for the

remediation of contaminated land. The application of SEPP55

is consistent with the proposed provisions of the Draft LEP.

SEPP No. 59 – Central Western Sydney Economic and

Employment Area

This Policy aims:

(a) to rezone certain land for urban development, and

(b) to co-ordinate the planning and development of the

land to which this Policy applies by:

(i) establishing a clear set of guiding principles for the

development of land, and

(ii) requiring the preparation of precinct plans that will

provide detailed planning controls, and

(iii) providing for the co-ordinated provision of

infrastructure services and the staging of development,

and

Not Applicable.

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(c) to promote economic development and the creation of

employment in Western Sydney by providing for the

development of major warehousing, industrial, high

technology, research or ancillary facilities with good

access to the existing and proposed road freight

network, including the M4 motorway and the Western

Sydney Orbital, and

(d) to provide for residential development on suitable

parts of the land as identified in the Policy to assist in

accommodating the projected population growth of

Western Sydney in a manner consistent with the

principles of the compact city as described in Cities for

the 21st Century, published by the Department of

Planning in January 1995, and

(e) to provide for the staged optimum extraction of

resources from existing quarries, and

(f) to encourage the staged rehabilitation and construction

of existing quarries to facilitate their longer term use as

employment lands, and

(g) to provide for the optimal environmental and planning

outcomes for the land to which this Policy applies by:

(i) conserving those areas that have a high biodiversity or

heritage, scenic or cultural value and, in particular,

areas of remnant vegetation, and

(ii) helping to achieve the goals set out in Action for Air,

the New South Wales Government’s 25 year Air

Quality Management Plan, published by the New

South Wales Government in March 1998, by

containing the per capita growth in VKT (vehicle

kilometres travelled) by achieving higher than normal

public transport usage, and

(iii) implementing the principles of good urban design,

and

(iv) ensuring that extractive industries are carried out in

an environmentally acceptable manner.

SEPP No. 60 – Exempt & Complying Development

The aims of this Policy are:

(a) to provide for exempt development and complying

development in certain local government areas that

have not provided for those types of development

through a local environmental plan:

(i) by identifying the development of minimal

environmental impact that is to be exempt

development (and that, consequently, may be carried

out without the need for development consent), and

(ii) by identifying the development that is to be

complying development (and that, consequently, may

be carried out in accordance with a complying

The provisions of this SEPP are superseded by exempt and

complying development provisions contained in SEPP (Exempt

and Complying Development Codes) 2008 and clause 3.1 of the

draft LEP and its reference to exempt and complying

development within Schedules 1 and 2.

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development certificate and the applicable provisions

of an environmental planning instrument, development

control plan or the regulations made under the Act)

and specifying the development standards for that

development, and

(iii) by identifying complying development separately for

metropolitan Sydney and regional areas of New South

Wales, and

(iv) by specifying the conditions to which complying

development certificates are subject, and

(b) to provide that development comprising the

subdivision of land, the erection of a building or

demolition, to the extent to which it does not already

require development consent under another

environmental planning instrument in order to be

carried out, cannot be carried out except with

development consent.

SEPP No. 62 – Sustainable Aquaculture

The aims and objectives of this Policy are:

(a) to encourage sustainable aquaculture in the State,

namely, aquaculture development which uses,

conserves and enhances the community’s resources so

that the total quality of life now and in the future can

be preserved and enhanced, and

(b) to make aquaculture a permissible use in certain areas

for which a comprehensive and integrated regional

aquaculture strategy has been developed (being a

strategy that incorporates the relevant Aquaculture

Industry Development Plan under the Fisheries

Management Act 1994 and the assessment regime for

integrated aquaculture development), and

(c) to set out the minimum site location and operational

requirements for permissible aquaculture development

(the minimum performance criteria), and

(d) to establish a graduated environmental assessment

regime for aquaculture development based on the

applicable level of environmental risk associated with

site and operational factors, and

(e) to apply the Policy in the first instance to pond-based

and tank-based aquaculture development in the North

Coast region of the State following the preparation of a

strategy for that kind of aquaculture development in

that area.

Aquaculture is allowed with consent in RU1, RU3, RU4, R5, IN1,

IN2, SP1, SP2 and SP3 zones under the draft Forbes Local

Environmental Plan 2010 which is consistent with the aims and

objectives of this SEPP.




SEPP No. 64 – Advertising & Signage


(a) to ensure that signage (including advertising):

(i) is compatible with the desired amenity and visual

The draft LEP will compliment the provisions of the SEPP by

prohibiting advertising structures in the RU1 – Primary

Production; RU3 – Forestry; RU4 – Rural Small Holdings; RU5 –



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character of an area, and

(ii) provides effective communication in suitable

locations, and

(iii) is of high quality design and finish, and

(b) to regulate signage (but not content) under Part 4 of

the Act, and

(c) to provide time-limited consents for the display of

certain advertisements.

(2) This Policy does not regulate the content of signage and

does not require consent for a change in the content of

signage.

Village; R1 – General Residential; R4 – Large Lot Residential;

SP3 – Tourist; RE1 - Public Recreation; RE2 – Private

Recreation; E1 – National Parks and Nature Reserves and E3 –

Environmental Management Zones.




SEPP No. 65 – Design Quality of Residential Flat Development

(1) This Policy aims to improve the design quality of

residential flat development in New South Wales.

(2) This Policy recognises that the design quality of residential

flat development is of significance for environmental

planning for the State due to the economic, environmental,

cultural and social benefits of high quality design.

(3) Improving the design quality of residential flat

development aims:

(a) to ensure that it contributes to the sustainable

development of New South Wales:

(i) by providing sustainable housing in social and

environmental terms, and

(ii) by being a long-term asset to its neighbourhood, and

(iii) by achieving the urban planning policies for its

regional and local contexts, and

(b) to achieve better built form and aesthetics of buildings

and of the streetscapes and the public spaces they

define, and

(c) to better satisfy the increasing demand, the changing

social and demographic profile of the community, and

the needs of the widest range of people from childhood

to old age, including those with disabilities, and

(d) to maximise amenity, safety and security for the

benefit of its occupants and the wider community, and

(e) to minimise the consumption of energy from non-

renewable resources, to conserve the environment and

to reduce greenhouse gas emissions.

The provisions within this SEPP require the consideration of

certain design principles will remain applicable in addition to

the provisions in the Draft Local Environmental Plan and do

not alter or affect the operation of the Draft Plan as they apply

to a residential flat building.




SEPP No. 70 – Affordable Housing (Revised Schemes)

(1) The aim of this Policy is to insert revised affordable housing

provisions into environmental planning instruments for land:

(a) within the Ultimo-Pyrmont Precinct of City West and

subject to Sydney Regional Environmental Plan No 26-

Not Applicable.

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City West , and

(b) within the City of Willoughby and subject to

Willoughby Local Environmental Plan 1995 , and

(c) at Green Square and subject to South Sydney Local

Environmental Plan 1998, because of the expiry of

savings made by the Environmental Planning and

Assessment Amendment (Affordable Housing) Act

2000 .

(2) This Policy:

(a) identifies that there is a need for affordable housing in

the local government areas within which that land is

situated, and

(b) describes the kinds of households for which

affordable housing may be provided, and

(c) makes a requirement with respect to the imposition of

conditions relating to the provision of affordable

housing.

SEPP No. 71 – Coastal Protection


(a) to protect and manage the natural, cultural,

recreational and economic attributes of the New South

Wales coast, and

(b) to protect and improve existing public access to and

along coastal foreshores to the extent that this is

compatible with the natural attributes of the coastal

foreshore, and

(c) to ensure that new opportunities for public access to

and along coastal foreshores are identified and realised

to the extent that this is compatible with the natural

attributes of the coastal foreshore, and

(d) to protect and preserve Aboriginal cultural heritage,

and Aboriginal places, values, customs, beliefs and

traditional knowledge, and

(e) to ensure that the visual amenity of the coast is

protected, and

(f) to protect and preserve beach environments and beach

amenity, and

(g) to protect and preserve native coastal vegetation, and

(h) to protect and preserve the marine environment of

New South Wales, and

(i) to protect and preserve rock platforms, and

(j) to manage the coastal zone in accordance with the

principles of ecologically sustainable development

(within the meaning of section 6 (2) of the Protection

Not Applicable.


- 17 -

of the Environment Administration Act 1991), and

(k) to ensure that the type, bulk, scale and size of

development is appropriate for the location and

protects and improves the natural scenic quality of the

surrounding area, and

(l) to encourage a strategic approach to coastal

management.

(2) This Policy:

(a) identifies State significant development in the coastal

zone, and

(b) requires certain development applications to carry out

development in sensitive coastal locations to be

referred to the Director-General for comment, and

(c) identifies master plan requirements for certain

development in the coastal zone.

(3) This Policy aims to further the implementation of the

Government’s coastal policy.

SEPP (Housing for Seniors or People with a Disability)

2004

(1) This Policy aims to encourage the provision of housing

(including residential care facilities) that will:

(a) increase the supply and diversity of residences that

meet the needs of seniors or people with a disability,

and

(b) make efficient use of existing infrastructure and

services, and

(c) be of good design.

(2) These aims will be achieved by:

(a) setting aside local planning controls that would

prevent the development of housing for seniors or

people with a disability that meets the development

criteria and standards specified in this Policy, and

(b) setting out design principles that should be followed

to achieve built form that responds to the

characteristics of its site and form, and

(c) ensuring that applicants provide support services for

seniors or people with a disability for developments

on land adjoining land zoned primarily for urban

purposes.

Seniors Housing is permitted with development consent under

the Draft Plan in RU1 – Primary Production; RU5 - Village; R1 -

General Residential, B2 - Local Centre zones.




SEPP (Building Sustainability Index: BASIX) 2004

(1) Regulations under the Act have established a scheme to

encourage sustainable residential development ("the BASIX

scheme") under which:

(a) an application for a development consent, complying

development certificate or construction certificate in relation

to certain kinds of residential development must be

accompanied by a list of commitments by the applicant as to




http://www.austlii.edu.au/au/legis/nsw/consol_act/epaaa1979389/

- 18 -

the manner in which the development will be carried out, and

(b) the carrying out of residential development pursuant to the

resulting development consent, complying development

certificate or construction certificate will be subject to a

condition requiring such commitments to be fulfilled.

(2) The aim of this Policy is to ensure consistency in the

implementation of the BASIX scheme throughout the State.

(3) This Policy achieves its aim by overriding provisions of

other environmental planning instruments and development

control plans that would otherwise add to, subtract from or

modify any obligations arising under the BASIX scheme.

SEPP (Major Projects) 2005

The aims of this Policy are as follows:

(a) to identify development to which the development

assessment and approval process under Part 3A of the

Act applies,

(b) to identify any such development that is a critical

infrastructure project for the purposes of Part 3A of

the Act,

(c) 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 sites for the benefit of the State,

(d) 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,

(e) to rationalise and clarify the provisions making the

Minister the approval authority for development and

sites of State significance, and to keep those

provisions under review so that the approval process

is devolved to councils when State planning objectives

have been achieved.




Major projects will remain permissible by virtue of this SEPP.

The local provisions within the LEP have been made consistent

with provisions of this SEPP.

SEPP (Sydney Region Growth Centres) 2006

The aims of this Policy 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 and South West growth centres of the Sydney

Not Applicable.




- 19 -

Region,

(b) to enable the Minister from time to time to designate

land in those growth centres as ready for release for

development,

(c) to provide for comprehensive planning for those

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

those growth centres that has conservation value,

(f) to provide for the orderly and economic provision of

infrastructure in and to those growth centres,

(g) to provide development controls in order to protect

the health of the waterways in those 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.

SEPP (Mining, Petroleum Production & Extractive

Industries) 2007

The aims of this Policy are, in recognition of the importance to

New South Wales of mining, petroleum production and

extractive industries:

(a) to provide for the proper management and

development of mineral, petroleum and extractive

material resources for the purpose of promoting the

social and economic welfare of the State, and

(b) to facilitate the orderly and economic use and

development of land containing mineral, petroleum

and extractive material resources, and

(c) to establish appropriate planning controls to

encourage ecologically sustainable development

through the environmental assessment, and

sustainable management, of development of mineral,

petroleum and extractive material resources.

The Department of Primary Industries (DPI) Minerals advised

of known deposits and agreed to a revision of development

east of Calarie Road as well as the application of permissibility

under this SEPP which have been reflected in the draft LEP.

‘Mining” is permissible with consent in RU1 - Primary

Production; RU3 - Forestry; R5 - Large Lot Residential; IN1 -

General Industrial and SP2 – Infrastructure zones.


Draft Local Environmental Plan and do not substantially alter


SEPP (Temporary Structures and Places of Public

Entertainment) 2007


(a) to ensure that suitable provision is made for ensuring

the safety of persons using temporary structures or

places of public entertainment,

(b) to encourage the protection of the environment at the

location, and in the vicinity, of places of public

entertainment or temporary structures by (among other

things) managing noise, parking and traffic impacts

The Draft LEP is consistent with the aims and objectives of this

SEPP. The provisions within this SEPP are additional to those

in the Draft Local Environmental Plan and do not substantially

affect the operation of the Draft Plan.

- 20 -

and ensuring heritage protection,

(c) to specify the circumstances in which the erection and

use of temporary structures are complying

development or exempt development,

(d) to promote opportunities for buildings (including

temporary structures) to be used as places of public

entertainment by specifying the circumstances in which

that use is complying development or exempt

development,

(e) to promote the creation of jobs in the public

entertainment industry,

(f) to increase access for members of the public to public

entertainment.

SEPP (Infrastructure) 2007

The aim of this Policy is to facilitate the effective delivery of

infrastructure across the State by:

(a) improving regulatory certainty and efficiency through

a consistent planning regime for infrastructure and the

provision of services, and

(b) providing greater flexibility in the location of

infrastructure and service facilities, and

(c) allowing for the efficient development, redevelopment

or disposal of surplus government owned land, and

(d) identifying the environmental assessment category

into which different types of infrastructure and services

development fall (including identifying certain

development of minimal environmental impact as

exempt development), and

(e) identifying matters to be considered in the assessment

of development adjacent to particular types of

infrastructure development, and

(f) providing for consultation with relevant public

authorities about certain development during the

assessment process or prior to development

commencing.




The DLEP has been prepared to reflect that of the

Infrastructure SEPP.

SEPP (Kosciuszko National Park – Alpine Resorts) 2008

(1) The aim of this Policy is to protect and enhance the natural

environment of the alpine resorts, in the context of

Kosciuszko National Park, by ensuring that development in

those resorts is managed in a way that has regard to the

principles of ecologically sustainable development

(including the conservation and restoration of ecological

processes, natural systems and biodiversity).

(2) The objectives of this Policy are as follows:

(a) to encourage the carrying out of a range of

development in the alpine resorts (including the

provision of services, facilities and infrastructure, and

economic and recreational activities) that do not result

in adverse environmental, social or economic impacts

Not Applicable.

- 21 -

on the natural or cultural environment of land to which

this Policy applies,

(b) to put in place planning controls that contribute to and

facilitate the carrying out of ski resort development in

Kosciuszko National Park that is ecologically

sustainable in recognition of the fact that this

development is of State and regional significance,

(c) to minimise the risk to the community of exposure to

environmental hazards, particularly geotechnical

hazards, bush fire and flooding, by generally requiring

development consent on land to which this Policy

applies.

SEPP (Rural Lands) 2008


(a) to facilitate the orderly and economic use and

development of rural lands for rural and related

purposes,

(b) to identify the Rural Planning Principles and the Rural

Subdivision Principles so as to assist in the proper

management, development and protection of rural

lands for the purpose of promoting the social,

economic and environmental welfare of the State,

(c) to implement measures designed to reduce land use

conflicts,

(d) to identify State significant agricultural land for the

purpose of ensuring the ongoing viability of agriculture

on that land, having regard to social, economic and

environmental considerations,

(e) to amend provisions of other environmental planning

instruments relating to concessional lots in rural

subdivisions.

The Local Environmental Plan incorporates the use of rural

zones, including RU1 - Primary Production, RU3 - Forestry, RU4

- Rural Small Holdings and RU5 - Village.

The minimum Lot Size Maps which have been prepared based

upon the adopted Forbes Growth Management Strategy which

adopts a minimum of 200ha in the Primary Production Area

which is a substantial increase from the current minimum of

40ha.

With respect to the consideration of the rural planning

principles detail is provided in relation to the S117 Directions

which specifically require the consideration of these principles

in relation to a draft LEP.



the proposed provisions within the Draft Plan.

SEPP (Exempt and Complying Development Codes) 2008


(a) to provide exempt and complying development codes

that have state wide application,

(b) to identify in the General Exempt Development Code,

types of development that are of minimal

environmental impact that may be carried out without

the need for development consent, and,

(c) to identify, in the General Housing Code, types of

complying development that may be carried out in

The SEPP will prevail over Council’s Exempt and Complying

Development Control Plan once the LEP has been introduced.

In addition to those uses identified by the SEPP the Local

Environmental Plan introduces the following exempt

developments:

- Filming, tents or marquees used solely for filming purposes;

- Temporary structures (other than tents and marquees) and

- 22 -

accordance with a complying development certificate,

(d) to enable the progressive extension of the types of

development in this Policy,

(e) providing transitional arrangements for the

introduction of the State-wide codes, including the

amendment of other environmental planning

instruments.

temporary alterations and additions to buildings or works,

solely for filming purposes; and




SEPP (Western Sydney Parklands) 2009

The aim of this Policy 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:

(a) Allowing for a diverse range of recreational,

entertainment and tourist facilities in the Western

Parklands, and,

(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,

(c) Continuing to allow for and facilitate the location of

government infrastructure and service facilities in the

Western Parklands, and,

(d) Protecting and enhancing the natural systems of the

Western Parklands, including flora and fauna species

and communities and riparian corridors, and,

(e) Protecting and enhancing the cultural and historical

heritage of the Western Parklands, and,

(f) Maintaining the rural character of parts of the Western

Parklands by allowing sustainable extensive

agriculture, horticulture, forestry and the like, and

(g) facilitating public access to, and use and enjoyment

of, the Western Parklands, and

(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

(i) Encouraging the use of the Western Parklands for

education and research purposes, including

accommodation and other facilities to support those

purposes, and

(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, and

Not Applicable.

- 23 -

(k) Ensuring that development of the Western Parklands is

undertaken in an ecologically sustainable way.

SEPP (Affordable Rental Housing) 2009


(a) to provide a consistent planning regime for the

provision of affordable rental housing,

(b) to facilitate the effective delivery of new affordable

rental housing by providing incentives by way of

expanded zoning permissibility, floor space ratio

bonuses and non-discretionary development standards,

(c) to facilitate the retention and mitigate the loss of

existing affordable rental housing,

(d) to employ a balanced approach between obligations

for retaining and mitigating the loss of existing

affordable rental housing, and incentives for the

development of new affordable rental housing,

(e) to facilitate an expanded role for not-for-profit-

providers of affordable rental housing

(f) to support local business centres by providing

affordable rental housing for workers close to places of

work,

(g) to facilitate the development of housing for the

homeless and other disadvantaged people who may

require support services, including group homes and

supportive accommodation.

The draft Local Environmental Plan permits multiunit housing

throughout the entire R1 Residential Area as well as dual

occupancy development and second dwellings which will

increase the opportunity for the development of affordable

housing.

The rental market and house price are not as severe as the

Sydney market hence these strategies are considered to be

sufficient for the Forbes Shire.




SEPP (Western Sydney Employment Area) 2009

The aims of this Policy are to protect and enhance the Western

Sydney Employment Area for employment purposes.

The particular aims of this Policy are to:

(a) to promote economic development and the creation of

employment in the Western Sydney Employment Area

by providing for development including major

warehousing, distribution, freight transport, industrial,

high technology and research facilities,

(b) to provide for the co-ordinated planning and

development of land in the Western Sydney

Employment Area,

(c) to rezone land for employment or environmental

conservation purposes,

(d) to improve certainty and regulatory efficiency by

providing a consistent planning regime for future

development and infrastructure provision in the

Western Sydney Employment Area,

(e) to ensure that development occurs in a logical,

environmentally sensitive and cost-effective manner

and only after a development control plan (including

specific development controls) has been prepared for

the land concerned.

(f) to conserve and rehabilitate areas that have a high

Not Applicable.

- 24 -

biodiversity or heritage or cultural value, in particular

areas of remnant vegetation.

Documents

REVIEW OF STATE AND REGIONAL ENVIRONMENTAL PLANNING ... · This document provides a review of State and Regional Environmental Planning Policies ... policies and strategies ... SEPP