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D R A F T W O O L L A H R A L O C A L E N V I R O N M E N T A L P L A N 2 0 1 3
Consistency assessment with relevant State Environmental Planning Policies
CONSISTENCY ASSESSMENT WITH RELEVANT STATE ENVIRONMENTAL PLANNING POLICIES
DRAFT WOOLLAHRA LOCAL ENVIRONMENTAL PLAN 2013 1
RELEVANT STATE ENVIRONMENTAL PLANNING POLICIES
This paper outlines the relationship of Draft WLEP 2013 with State Environmental Planning Policies
(SEPPs), including the deemed SEPP Sydney Regional Environmental Plan (SREP). In all cases Draft
WLEP 2013 only contains provisions that support these policies.
SEPPs are addressed first, followed by SREPs. The specific provisions of SEPP 4 Development Without
Consent and Miscellaneous Exempt and Complying Development and the SREP (Sydney Harbour
Catchment) 2005 are discussed in detail in Table 2 and Table 3.
Note: The tables only refer to SEPPs which are in force.
Table 1: State Environmental Planning Polices and Regional Environmental Planning Policies
No. Title Key issues Consistency of Draft WLEP 2013
State Environmental Planning Policies
1 Development Standards This SEPP will not apply to the LGA on
adoption of a Standard (LEP)
Instrument-compliant LEP.
Clause 4.6 of the Standard Instrument
replaces SEPP 1.
Applicable - consistent.
Draft WLEP 2013 includes Clause 4.6
Exceptions to development standards.
4 Development Without
Consent and
Miscellaneous Exempt
and Complying
Development
(1) Clauses 6-10 of the SEPP do not
currently apply to land in
Woollahra. However, as Draft
WLEP 2013 is not specifically
listed in Schedule 2 of SEPP 4,
these clauses will apply
(unintentionally) to the LGA.
(2) Clause 5A Places of public worship
applies.
(3) Clause 11E applies but is not
relevant.
(4) Clause 12 applies but is not
currently relevant as clauses 7 and
8 do not apply. However, these
clauses will apply (unintentionally)
because Draft WLEP 2013 is not
listed in Schedule 2 of the SEPP.
Applicable - consistent.
Table 2 below addresses consistency
with the provisions in each clause of
SEPP 4.
Schedule 2 of SEPP 4 excludes the
operation of Clauses 6-10 from land
affected by WLEP 95 and LEP 27 and
24.
Given these references are to specific
LEPs that will no longer apply, the
exclusions will no longer apply.
Council will liaise with Parliamentary
Counsel regarding ways to maintain
the current exclusions of clause 7-10
of SEPP 4.
Clause 1.9 of the Standard Instrument,
repeals Clause 6 of SEPP 4.
6 Number of Storeys in a
Building
(1) Interprets provisions related to
numbers of storeys for any LEP –
as the number intersected by a
vertical line.
(2) Contrary to Standard Instrument
definition Includes attics and
mezzanines as a storey.
Applicable - consistent.
Draft WLEP 2013 does not include
provisions related to numbers of
storeys.
CONSISTENCY ASSESSMENT WITH RELEVANT STATE ENVIRONMENTAL PLANNING POLICIES
2 DRAFT WOOLLAHRA LOCAL ENVIRONMENTAL PLAN 2013
No. Title Key issues Consistency of Draft WLEP 2013
14 Coastal Wetlands Seeks to preserve coastal wetlands.
Applicable - consistent.
Draft WLEP 2013 does not include
provisions relating to coastal
wetlands.
15 Rural Landsharing
Communities
None.
(This LGA LEP does not contain any
rural land).
Not applicable.
19 Bushland in Urban Areas Provides for the retention of remnant
bushland by requiring development
consent for disturbance and by
consideration of the SEPP objectives
when preparing an LEP.
Applicable - consistent.
The provisions of Draft WLEP 2013 are
consistent with the objectives of
SEPP 19 and include Clause 5.9
Preservation of trees or vegetation.
21 Caravan Parks (1) Caravan parks require consent.
(2) Moveable dwellings are permitted
within caravan parks and camping
grounds.
Applicable - consistent.
Draft WLEP 2013 does not contain
explicit provisions relating to caravan
parks and camping grounds – which
are unlikely to be proposed in this
LGA.
22 Shops and Commercial
Premises
Permits, with consent, within a
business zone a change of use:
(i) from one kind of shop to another
or to a commercial premise, and
(ii) from one kind of commercial
premises to another or to a shop
even if the use is prohibited in an LEP.
Applicable - consistent.
Draft WLEP 2013 does not contain
provisions that contradict or would
hinder application of this SEPP.
The business zones in Draft WLEP
2013 allow a broad range of
commercial development and use of
this SEPP is unlikely.
26 Littoral Rainforests None
(This LGA does not include any littoral
rainforests).
Not applicable.
29 Western Sydney
Recreation Area
Not applicable
(Does not apply to this LGA).
Not applicable.
30 Intensive Agriculture None
(This LGA has no areas of intensive
agriculture).
Not applicable.
32 Urban Consolidation
(Redevelopment of
Urban Land)
Each Council, and the Minister, must
consider whether land no longer
needed or used for its zoned purpose
is suitable for development for
multi-unit housing, and whether
action should be taken to allow such
development. The Minister may make
a REP (under which the Minister will
Applicable - consistent.
The LEP has effectively maximised the
zoned land available for multi-unit
housing.
(i) multi-unit housing is permitted in
most business zones and
throughout Zone R3 Medium
CONSISTENCY ASSESSMENT WITH RELEVANT STATE ENVIRONMENTAL PLANNING POLICIES
DRAFT WOOLLAHRA LOCAL ENVIRONMENTAL PLAN 2013 3
No. Title Key issues Consistency of Draft WLEP 2013
be the consent authority) if necessary
to implement such redevelopment.
Density Residential.
(ii) Draft WLEP 2013 has rezoned 10
sites that are currently zoned for
special use to R3 Medium Density
and, as such will allow multi-unit
housing if a site is no longer
required for its current activity.
33 Hazardous and
Offensive Development
Amends the definition of hazardous
and offensive development, allows for
the nomination of certain activities as
hazardous or offensive development,
establishes criteria for assessing and
advertising of applications for
hazardous or offensive development.
Applicable - consistent.
The definitions are included in the
Standard (LEP) Instrument and
therefore Draft WLEP 2013.
Hazardous or offensive
development is not listed as a
permitted use within any zones in
Draft WLEP 2013.
36 Manufactured Home
Estates
None.
(Does not apply to this LGA)
Not applicable.
39 Spit Island Bird Habitat None.
(Spit Island is not within this LGA).
Not applicable.
44 Koala Habitat Protection None.
(Does not apply to this LGA).
Not applicable.
47 Moore Park
Showground
None.
(Does not apply to this LGA).
Not applicable.
50 Canal Estate
Development
Prohibits new canal estate
development.
Applicable - consistent.
Draft WLEP 2013 does not seek to
allow canal estates.
52 Farm Dams, Drought
Relief and Other Works
None.
(Does not apply to this LGA)
Not applicable.
55 Remediation of Land (1) Specifies when consent is or is not
required for remediation work
(and establishes 2 ‘categories’ of
remediation).
(2) Clause 6 requires resolution of
any contamination issues where
an LEP proposes to change
zonings to allow certain specified
uses.
(3) Requires consideration of
contamination issues in
assessment of DAs
(4) Specifies considerations for
Applicable - consistent.
Given the nature of past development
within the LGA, contamination of land
has occurred. This is dealt with on a
site-by-site basis under the
requirements of this SEPP and the
Contaminated Land Management Act
1997.
Under the requirements of Clause 6 of
the SEPP:
(i) the proposed zones in Draft WLEP
2013 convert the existing zones
and therefore the permissible
CONSISTENCY ASSESSMENT WITH RELEVANT STATE ENVIRONMENTAL PLANNING POLICIES
4 DRAFT WOOLLAHRA LOCAL ENVIRONMENTAL PLAN 2013
No. Title Key issues Consistency of Draft WLEP 2013
assessing DAs for remediation
work.
(5) Establishes standards and
notification requirements for
remediation work.
land uses are similar to WLEP 95;
(ii) Draft WLEP 2013 zoning changes
are to recognise existing uses
rather than increase the range of
permissible uses.
(iii) Draft WLEP 2013 only rezones
Special Use zoned sites to reflect
existing low risk uses such as
seniors housing. Other
infrastructure such as railways or
sewage systems retain a special
use zoning.
59 Central Western Sydney
Economic and
Employment Area
None
(Does not apply to this LGA)
Not applicable.
60 Exempt and Complying
Development
None.
(Does not apply to this LGA)
Not applicable.
62 Sustainable Aquaculture None
(Development covered by this SEPP
does not occur in this LGA).
Not applicable.
64 Advertising and Signage (1) Lists permissibility of signage that
comprises ‘advertising’ within
certain zones.
(2) Provides assessment criteria for
all types of signage.
(3) Provides assessment criteria and
certain requirements for
particular advertising signs and
advertising signs in particular
areas.
Applicable - consistent.
The exempt provisions for signage in
Draft WLEP 2013 complement SEPP 64
and reflect the general intent of the
existing exempt controls in Council’s
Development Control Plan for Exempt
and Complying Development.
65 Design Quality of
Residential Flat
Development
(1) Provides 10 design quality
principles for residential flat
development. LEPs must include
provisions that achieve these
principles and accord with the
Residential Flat Design Code.
(2) Establishes design review panels –
which can advise on the
preparation of draft LEPs.
Applicable - consistent.
Draft WLEP 2013 has been developed
having regard to SEPP 65 design
criteria. For example, increasing
maximum building height to improve
internal building amenity.
Draft WLEP 2013 is consistent with
the Residential Flat Design Code. The
associated new DCP is being prepared
with regard to the design principles of
the Code.
70 Affordable Housing
(Revised Schemes)
None.
Not applicable.
CONSISTENCY ASSESSMENT WITH RELEVANT STATE ENVIRONMENTAL PLANNING POLICIES
DRAFT WOOLLAHRA LOCAL ENVIRONMENTAL PLAN 2013 5
No. Title Key issues Consistency of Draft WLEP 2013
71 Coastal Protection Provides controls for any
development within the NSW coastal
zone.
In the Woollahra LGA, part of South
Head and the coastline open to the
Tasman Sea is within the coastal zone.
Applicable - consistent.
Draft WLEP 2013 has regard to the
relevant matters of consideration for
preparing local environmental plans
under Clause 8 of the SEPP.
Draft WLEP 2013 includes Clause
5.5 Development in the coastal zone
SEPP (Affordable Rental
Housing) 2009
Provides incentives for new affordable
rental housing, facilitates the
retention of existing affordable
rentals, and expands the role of not-
for-profit providers.
Applicable - consistent.
Draft WLEP 2013 does not contain
provisions regarding affordable rental
housing and is therefore consistent
with the SEPP.
SEPP (Building
Sustainability Index:
BASIX) 2004
(1) Requires nominated residential
development obtain a certificate
confirming compliance with water
and energy saving targets.
(2) Prevails over any similar
provisions in LEPs or DCPs.
Applicable - consistent.
Draft WLEP 2013 does not contain any
provisions in conflict with the SEPP.
SEPP (Exempt and
Complying
Development Codes)
2008
The Codes SEPP is designed to allow
low-impact, low-risk development to
be carried out as exempt or complying
development in NSW subject to
compliance with appropriate
standards.
Applicable - consistent.
Schedule 2 Exempt development of
Draft WLEP 2013 contains exempt
provisions. These supplement and are
consistent with the SEPP.
There are no local complying
development provisions in Draft WLEP
2013.
SEPP (Housing for
Seniors or People with a
Disability) 2004
Aims to encourage the provision of
housing for seniors by setting aside
local planning controls that would
otherwise prevent such development,
by providing design principles, and by
ensuring that applicants provide
support services for seniors or people
with a disability on adjoining land.
Applicable - consistent.
Draft WLEP 2013 does not contain any
provisions in conflict with the SEPP.
CONSISTENCY ASSESSMENT WITH RELEVANT STATE ENVIRONMENTAL PLANNING POLICIES
6 DRAFT WOOLLAHRA LOCAL ENVIRONMENTAL PLAN 2013
No. Title Key issues Consistency of Draft WLEP 2013
SEPP (Infrastructure)
2007
(1) Facilitates provision of
infrastructure by specifying, in
relation to each of 25 nominated
types of infrastructure
development, the permissibility of
that use within different zones,
and need or otherwise for
consent.
(2) Specifies where consultation is
required as part of the
assessment of certain
infrastructure.
(3) Specifies matters for
consideration in assessment of
DAs on land adjacent to certain
infrastructure.
Applicable - consistent.
Draft WLEP 2013 does not deal with
matters that are addressed in the
Infrastructure SEPP.
The land use tables in Draft WLEP
2013 do not prohibit uses permissible
under the SEPP.
SEPP (Kosciuszko
National Park-Alpine
Resorts) 2007
None.
(Does not apply to this LGA).
Not applicable.
SEPP (Kurnell Peninsula)
1989
None.
(Does not apply to any areas to which
Draft WLEP 2013 applies).
Not applicable.
SEPP (Major
Development) 2005
(1) Nominates the Minister as
consent authority for certain
development
(2) Specifies provisions for
development, in addition to those
in the LEP, for certain land
(3) Excludes certain land from the LEP
and specifies replacement
provisions for development.
Applicable - consistent.
There are no sites within the LGA
identified in Schedule 3 of the SEPP.
SEPP (Mining,
Petroleum Production
and Extractive
Industries) 2007
(1) Facilitates such industries by:
(i) nominating where they are
exempt development,
complying development,
permitted without consent, or
require consent.
(ii) removing restrictions in
existing LEPs.
(2) Lists matters for consideration
where consent required.
Note some industries may require
approval under Part 3A or part 5 of
the Act.
Not applicable.
Draft WLEP 2013 does not contain
provisions relating to such industries,
nor do we anticipate any such uses
occurring in the life of the plan.
CONSISTENCY ASSESSMENT WITH RELEVANT STATE ENVIRONMENTAL PLANNING POLICIES
DRAFT WOOLLAHRA LOCAL ENVIRONMENTAL PLAN 2013 7
No. Title Key issues Consistency of Draft WLEP 2013
SEPP (Penrith Lakes
Scheme) 1989
None
(Does not apply to this LGA)
Not applicable.
SEPP (Rural Lands) 2008 None
(Does not apply to this LGA)
Not applicable.
SEPP (State and
Regional Development)
2011
Provides two separate frameworks for
assessment of state significant
development and state significant
infrastructure.
Applicable - consistent.
Draft WLEP 2013 does not seek to
address state or regional
development.
SEPP (Sydney Drinking
Water Catchment)
None
(Does not apply to this LGA)
Not applicable.
SEPP (Sydney Region
Growth Centres) 2006
None
(Does not apply to this LGA)
Not applicable
SEPP (Temporary
Structures and Places of
Public Entertainment)
2007
(1) Consent is required for temporary
structures (unless permitted
without consent by an LEP); types
of temporary structures that are
exempt development or
complying development; and
matters for consideration in
assessing a DA.
(2) Consent is required for places of
public entertainment (unless
permitted without consent by an
LEP); types of places of public
entertainment that are exempt
development or complying
development; and matters for
consideration in assessing a DA.
Applicable - consistent.
Draft WLEP 2013 adopts the Standard
Instrument clauses and permits
temporary use of Council land.
SEPP (Urban Renewal)
2010
None.
(There are no urban renewal sites in
this LGA)
Not applicable.
SEPP (Western Sydney
Employment Area) 2009
None.
(Does not apply to this LGA).
Not applicable.
SEPP (Western Sydney
Parklands) 2009
None.
(Does not apply to this LGA)
Not applicable.
CONSISTENCY ASSESSMENT WITH RELEVANT STATE ENVIRONMENTAL PLANNING POLICIES
8 DRAFT WOOLLAHRA LOCAL ENVIRONMENTAL PLAN 2013
No. Title Key issues Consistency of Draft WLEP 2013
Sydney Regional Environmental Plans (Deemed State Environmental Planning Policies)
8 Central Coast Plateau
Areas
None
(Does not apply to this LGA)
Not applicable.
9 Extractive Industry
(No 2-1995)
None
(Does not apply to this LGA).
Not applicable.
11 Penrith Lakes Scheme None
(Does not apply to this LGA)
Not applicable.
16 Walsh Bay None
(Does not apply to this LGA)
Not applicable.
18 Public Transport
Corridors
None
(Does not apply to this LGA)
Not applicable.
19 Rouse Hill Development
Area
None
(Does not apply to this LGA)
Not applicable.
20 Hawkesbury–Nepean
River (No. 2-1997)
None
(Does not apply to this LGA)
Not applicable.
24 Homebush Bay Area None
(Does not apply to this LGA)
Not applicable.
25 Orchard Hills None
(Does not apply to this LGA)
Not applicable.
26 City West None
(Does not apply to this LGA)
Not applicable.
28 Parramatta None
(Does not apply to this LGA)
Not applicable.
30 St Marys None
(Does not apply to this LGA)
Not applicable.
33 Cooks Cove None
(Does not apply to this LGA)
Not applicable.
34 SREP (Sydney Harbour
Catchment) 2005
(1) Establishes heads of consideration
for development adjacent to the
(defined) foreshores area.
Applicable - consistent.
(1) These considerations are
additional to any in Draft WLEP
2013.
(2) Establishes 27 principles with
which LEPs need to be consistent.
(2) See Table 3 below for details of
consistency.
CONSISTENCY ASSESSMENT WITH RELEVANT STATE ENVIRONMENTAL PLANNING POLICIES
DRAFT WOOLLAHRA LOCAL ENVIRONMENTAL PLAN 2013 9
No. Title Key issues Consistency of Draft WLEP 2013
(3) Lists ‘strategic foreshore sites’
which require a master plan.
(3) Two areas are listed as strategic
sites which require a masterplan
under the SREP:
Strickland House, Vaucluse
HMAS Watson, South Head
(Watsons Bay)
(i) Strickland House is proposed to
be zoned RE1 Public Open
Space in Draft WLEP 2013.
The NSW Government is
considering options for future
use of the site. No masterplan
has been prepared to date.
A draft Heritage Conservation
Management Plan has been
prepared for the site but has
not been exhibited. The dates
of exhibition have not been set.
(ii) HMAS Watson is zoned
SP2 Defence in Draft WLEP
2013. This is a conversion of
the current special use zone in
WLEP 95.
No masterplan has been
prepared for the site. The
Department of Defence has
indicated that no major
redevelopment is proposed for
the foreseeable future.
(4) Zones waterway area (below
MHWM).
(4) The zoned waterway area is
outside the area of Draft WLEP
2013.
(5) Lists heritage items (5) All land-based items in the LGA
listed under the SREP are included
in Schedule 5 of Draft WLEP 2013.
Schedule 5 identifies that these
items are of local significance.
These items are not listed in
Schedule 3 of WLEP 95.
(6) Identifies matters for
consideration in development of
wetland protection areas
(6) Draft WLEP 2013 is consistent
with and supports the provisions
of the SREP regarding wetlands
protection. For example, in Clause
6.3 Foreshore building lines.
CONSISTENCY ASSESSMENT WITH RELEVANT STATE ENVIRONMENTAL PLANNING POLICIES
10 DRAFT WOOLLAHRA LOCAL ENVIRONMENTAL PLAN 2013
Table 2: SEPP 4 checklist
Provision in SEPP 4 Applicability
(current)
Applicability
(future)
Consistency of
Draft WLEP 2013 Clause Summary
Checklist of consistency with SEPP 4 - Development Without Consent and Miscellaneous
Exempt and Complying Development
Part 1 –
Preliminary
Procedural matters only
Part 2 – Development without Consent
5A Places of
public worship
Permissible without consent if:
Building is or was lawfully used
for such a purpose;
Places of public worship are
permitted
Written notice to council
within 40 days
Provided:
The place of worship will not
increase or create adverse
environmental impacts.
Any conditions placed on any
previous consent applies
Applicable all
areas.
Applicable all
areas.
Applicable -
consistent.
This use is not
referred to in draft
Schedule 2 Exempt
Development.
6 Subdivision Consent not required if
subdividing for:
Widening a public road,
Adjusting a boundary without
creating additional allotments,
Rectifying an encroachment,
Creating a public reserve,
Consolidating allotments, or
Excising land to be used for
public purposes.
Does not apply to heritage items,
conservation areas or potential
archaeological sites.
Does not apply. Does not apply. Not applicable.
This provision of
SEPP 4 is repealed
by Clause 1.9
Application of
SEEPS in Draft
WLEP 2013 and
dealt with by
Clause 2.6
Subdivision –
consent
requirements.
CONSISTENCY ASSESSMENT WITH RELEVANT STATE ENVIRONMENTAL PLANNING POLICIES
DRAFT WOOLLAHRA LOCAL ENVIRONMENTAL PLAN 2013 11
Provision in SEPP 4 Applicability
(current)
Applicability
(future)
Consistency of
Draft WLEP 2013 Clause Summary
7 Shops and
commercial
premises etc.
Change of use from shop /
commercial premise / social,
sporting, community club to
another kind of shop / commercial
premise / social, sporting,
community club (respectively)
permissible without consent if:
Premise was lawfully used or
constructed;
Use required consent
sufficient written notice to
Council
In respect to shops or commercial
premises:
The curtilage is not to be used
for storage and
No change in hours of
operation
Conditions relating to landscaping,
parking and loading and unloading
of goods, still apply.
Does not apply. Applicable.
Clause 7 of the
SEPP does not
currently apply
to land in
Woollahra.
However, as
Draft WLEP
2013 is not
specifically
listed in
Schedule 2,
therefore this
clause will apply
(probably
unintentionally)
to the LGA.
Applicable -
consistent.
This use is not
referred to in draft
Schedule 2 Exempt
Development.
Council will liaise
with Parliamentary
Counsel.
CONSISTENCY ASSESSMENT WITH RELEVANT STATE ENVIRONMENTAL PLANNING POLICIES
12 DRAFT WOOLLAHRA LOCAL ENVIRONMENTAL PLAN 2013
Provision in SEPP 4 Applicability
(current)
Applicability
(future)
Consistency of
Draft WLEP 2013 Clause Summary
8 Industry and
light industry
Change of use from industry or
light industry to light industry is
permissible without consent if:
Premise was lawfully used or
constructed;
Use required consent
Sufficient written notice to
Council
But not if:
Total floor space exceeds
500m²; or
Building does not have rear
service access or access to off-
street loading facilities
In respect to light industry
premises:
The curtilage is not be used for
storage and
If from industrial use there will
be no change in hours of
operation; if from light
industrial use, hours of
operation to be 6am to 6pm)
Conditions relating to landscaping,
parking and loading and unloading
of goods still apply.
Does not apply. Applicable.
Clause 8 of the
SEPP does not
currently apply
to land in
Woollahra.
However, as
Draft WLEP
2013 is not
specifically
listed in
Schedule 2 of
SEPP 4,
therefore this
clause will apply
(unintentionally)
to the LGA.
Applicable -
consistent.
This use is not
referred to in draft
Schedule 2 Exempt
Development.
Council will liaise
with Parliamentary
Counsel.
CONSISTENCY ASSESSMENT WITH RELEVANT STATE ENVIRONMENTAL PLANNING POLICIES
DRAFT WOOLLAHRA LOCAL ENVIRONMENTAL PLAN 2013 13
Provision in SEPP 4 Applicability
(current)
Applicability
(future)
Consistency of
Draft WLEP 2013 Clause Summary
9 Alteration of a
building or work
Alteration of a building or work
including:
internal fabric or appearance
of the building or work,
whether or not involving
structural alterations, or
external fabric or appearance
of the building or work, being
changes involving repair or
renovation, or painting,
plastering or other decoration,
of the building or work,
but does not include enlargement
or extension of the building or
work.
Does not apply to a heritage item,
potential historical archaeological
site, conservation area, foreshore
scenic protection, harbour
foreshore preservation, or beach
front scenic protection area.
Does not apply. Applicable.
Clause 9 of the
SEPP does not
currently apply
to land in
Woollahra.
However, as
Draft WLEP
2013 is not
specifically
listed in
Schedule 2 of
SEPP 4,
therefore this
clause will apply
(unintentionally)
to the LGA.
Consistent.
This use is not
referred to in draft
Schedule 2 Exempt
Development.
Council will liaise
with Parliamentary
Counsel.
CONSISTENCY ASSESSMENT WITH RELEVANT STATE ENVIRONMENTAL PLANNING POLICIES
14 DRAFT WOOLLAHRA LOCAL ENVIRONMENTAL PLAN 2013
Provision in SEPP 4 Applicability
(current)
Applicability
(future)
Consistency of
Draft WLEP 2013 Clause Summary
10 Certain
ancillary or
incidental
development
Development that is ancillary or
incidental permissible without
consent if:
For parking, loading facilities,
drainage, workers’ amenities,
pollution control, security or
for other similar purposes, or
Is for erection of fences,
garages, fuel sheds, tool
houses, milking bails,
haysheds, stables, fowl houses,
pig sties, or the like.
Does not apply to:
Heritage item, potential
historical archaeological site,
or within a conservation,
foreshore scenic protection,
harbour foreshore
preservation, or beach front
scenic protection area
Land used as entrance or exit,
loading, unloading or
manoeuvring of vehicles,
landscaping
Development under Clause 9
Land subject to SEPP14 –
Coastal wetlands; SEPP71 –
Coastal protection; SREP25 –
Orchard Hills; SREP 20 –
Hawkesbury Nepean
Land in Schedule 1
(re: acid sulfate soils).
Does not apply.
Specifically
excludes
development
that requires
consent under
Clause 25D of
WLEP 95,
(regarding acid
sulfate soils)
Applicable.
Clause 10 of the
SEPP does not
currently apply
to land in
Woollahra.
However, as
Draft WLEP
2013 is not
specifically
listed in
Schedule 2 of
SEPP 4,
therefore this
clause will apply
(unintentionally)
to the LGA.
Consistent.
This use is not
referred to in draft
Schedule 2 Exempt
Development.
Council will liaise
with Parliamentary
Counsel.
11E Emergency
and routine
work by
irrigation
corporations
Emergency and routine
maintenance work (and ancillary
work e.g. excavation) by an
irrigation corporation is
permissible without consent.
Not applicable
(not relevant to
this LGA).
Not applicable
(not relevant to
this LGA).
Not applicable.
(Draft WLEP 2013
contains no
provisions in
respect of this
activity given it is
not relevant to the
LGA).
CONSISTENCY ASSESSMENT WITH RELEVANT STATE ENVIRONMENTAL PLANNING POLICIES
DRAFT WOOLLAHRA LOCAL ENVIRONMENTAL PLAN 2013 15
Provision in SEPP 4 Applicability
(current)
Applicability
(future)
Consistency of
Draft WLEP 2013 Clause Summary
12 Register of
variations of
uses
Where written notice is given in
Clause 7 or 8, Council should
record notice in a register.
Applicable. Applicable. Applicable -
consistent.
(This is an
administrative
provision only).
Part 3 – Complying Development
13 Conversion of
fire alarms
(Refer to the clause itself). All areas. Repealed by
Standard
Instrument.
Consistent.
This provision of
the SEPP is
repealed by Draft
WLEP 2013 Clause
1.9 Application of
SEPPs and replaced
by Draft WLEP
2013 Clause 5.8
Conversion of fire
alarms.
Table 3: SREP (Sydney Harbour Catchment) checklist
Planning principle Consistency of Draft WLEP 2013
Checklist of compliance with principles in SREP (Sydney Harbour Catchment) 2005
Clause 13 Planning principles relating to Sydney Harbour Catchment
(a) development is to protect and, where practicable,
improve the hydrological, ecological and
geomorphological processes on which the health
of the catchment depends.
Draft WLEP 2013 is consistent as demonstrated by
clauses:
1.2 Aims of Plan
6.2 Development on the foreshore
6.3 Foreshore building line
6.7 Acid sulfate soils.
(b) the natural assets of the catchment are to be
maintained and, where feasible, restored for their
scenic and cultural values and their biodiversity
and geodiversity.
Draft WLEP 2013 is consistent as demonstrated by
clauses:
1.2 Aims of Plan
6.2 Development on the foreshore
6.3 Foreshore building line
6.7 Acid sulfate soils.
CONSISTENCY ASSESSMENT WITH RELEVANT STATE ENVIRONMENTAL PLANNING POLICIES
16 DRAFT WOOLLAHRA LOCAL ENVIRONMENTAL PLAN 2013
Planning principle Consistency of Draft WLEP 2013
(c) decisions with respect to the development of land
are to take account of the cumulative
environmental impact of development within the
catchment.
Draft WLEP 2013 is consistent as demonstrated by
clauses:
1.2 Aims of Plan
5.5 Development within the coastal zone
5.7 Development below mean high water mark
6.2 Development on the foreshore
6.3 Foreshore building line
6.7 Acid sulfate soils.
(d) action is to be taken to achieve the targets set out
in Water Quality and River Flow Interim
Environmental Objectives: Guidelines for Water
Management: Sydney Harbour and Parramatta
River Catchment (published in October 1999 by
the Environment Protection Authority), such
action to be consistent with the guidelines set out
in Australian Water Quality Guidelines for Fresh
and Marine Waters (published in November 2000
by the Australian and New Zealand Environment
and Conservation Council).
Draft WLEP 2013 is consistent as demonstrated by
clauses:
1.2 Aims of Plan
5.5 Development within the coastal zone
5.7 Development below mean high water mark
6.2 Development on the foreshore
6.3 Foreshore building line
6.7 Acid sulfate soils.
(e) development in the Sydney Harbour Catchment is
to protect the functioning of natural drainage
systems on floodplains and comply with the
guidelines set out in the document titled
Floodplain Development Manual 2005 (published
in April 2005 by the Department).
Draft WLEP 2013 is consistent as demonstrated by
clauses:
6.7 Acid sulfate soils
6.8 Flood planning.
(f) development that is visible from the waterways
or foreshores is to maintain, protect and enhance
the unique visual qualities of Sydney Harbour.
Draft WLEP 2013 is consistent as demonstrated by
clauses:
5.6 Development within the coastal zone
6.3 Foreshore building line.
(g) the number of publicly accessible vantage points
for viewing Sydney Harbour should be increased.
Draft WLEP 2013 is consistent as demonstrated by
clause 5.6 Development within the coastal zone.
(h) development is to improve the water quality of
urban run-off, reduce the quantity and frequency
of urban run-off, prevent the risk of increased
flooding and conserve water.
Draft WLEP 2013 is consistent as demonstrated by
clauses:
6.7 Acid sulfate soils
6.8 Flood planning.
(i) action is to be taken to achieve the objectives and
targets set out in the Sydney Harbour Catchment
Blueprint, as published in February 2003 by the
then Department of Land and Water
Conservation.
Draft WLEP 2013 is consistent as demonstrated by
clauses:
6.7 Acid sulfate soils
6.8 Flood planning.
(j) development is to protect and, if practicable,
rehabilitate watercourses, wetlands, riparian
corridors, remnant native vegetation and
ecological connectivity within the catchment.
Draft WLEP 2013 is consistent as demonstrated by
clauses:
1.2 Aims of plan
6.7 Acid sulfate soils
6.8 Flood planning.
CONSISTENCY ASSESSMENT WITH RELEVANT STATE ENVIRONMENTAL PLANNING POLICIES
DRAFT WOOLLAHRA LOCAL ENVIRONMENTAL PLAN 2013 17
Planning principle Consistency of Draft WLEP 2013
(k) development is to protect and, if practicable,
rehabilitate land from current and future urban
salinity processes, and prevent or restore land
degradation and reduced water quality resulting
from urban salinity.
Draft WLEP 2013 is consistent with this principle, in
that it does not contain provisions regarding these
issues.
(l) development is to avoid or minimise disturbance
of acid sulfate soils in accordance with the Acid
Sulfate Soil Manual, as published in 1988 by the
Acid Sulfate Soils Management Advisory
Committee.
Draft WLEP 2013 is consistent as demonstrated by
model local Clause 6.7 Acid sulfate soils.
Clause 14 Planning principles relating to the Foreshores and Waterways Area
(a) development should protect, maintain and
enhance the natural assets and unique
environmental qualities of Sydney Harbour and its
islands and foreshores.
Draft WLEP 2013 is consistent as demonstrated by
clauses:
1.2 Aims of Plan
5.5 Development within the coastal zone
5.7 Development below mean high water mark
6.2 Development on the foreshore must ensure access
6.3 Foreshore building line
6.7 Acid sulfate soils.
(b) public access to and along the foreshore should
be increased, maintained and improved, while
minimising its impact on watercourses, wetlands,
riparian lands and remnant vegetation.
Draft WLEP 2013 is consistent as demonstrated by
clauses:
1.2 Aims of Plan
5.5 Development within the coastal zone
6.2 Development on the foreshore
6.3 Foreshore building line
6.7 Acid sulfate soils relate.
(c) access to and from the waterways should be
increased, maintained and improved for public
recreational purposes (such as swimming, fishing
and boating), while minimising its impact on
watercourses, wetlands, riparian lands and
remnant vegetation.
Draft WLEP 2013 is consistent as demonstrated by
clauses:
1.2 Aims of Plan
5.5 Development within the coastal zone
6.2 Development on the foreshore must ensure access
6.3 Foreshore building line
6.7 Acid sulfate soils relate.
(d) development along the foreshore and waterways
should maintain, protect and enhance the unique
visual qualities of Sydney Harbour and its islands
and foreshores.
Draft WLEP 2013 is consistent as demonstrated by
clauses:
1.2 Aims of Plan
5.5 Development within the coastal zone
6.2 Development on the foreshore must ensure access
6.3 Foreshore building line.
(e) adequate provision should be made for the
retention of foreshore land to meet existing and
future demand for working harbour uses.
Draft WLEP 2013 is consistent as demonstrated by
Clause 1.2 Aims of plan and the Land Use Table.
No Waterway zones are applied in Draft WLEP 2013.
CONSISTENCY ASSESSMENT WITH RELEVANT STATE ENVIRONMENTAL PLANNING POLICIES
18 DRAFT WOOLLAHRA LOCAL ENVIRONMENTAL PLAN 2013
Planning principle Consistency of Draft WLEP 2013
(f) public access along foreshore land should be
provided on land used for industrial or
commercial maritime purposes where such access
does not interfere with the use of the land for
those purposes.
Draft WLEP 2013 is consistent as demonstrated by
clauses:
1.2 Aims of plan
7.12 Development on the foreshore must ensure
access.
(g) the use of foreshore land adjacent to land used
for industrial or commercial maritime purposes
should be compatible with those purposes.
Draft WLEP 2013 is consistent as demonstrated by
Land Use Table and clauses:
1.2 Aims of plan
6.2 Development on the foreshore must ensure access.
(h) water-based public transport (such as ferries)
should be encouraged to link with land-based
public transport (such as buses and trains) at
appropriate public spaces along the waterfront.
Draft WLEP 2013 is consistent as demonstrated by
Land Use Table and clauses:
1.2 Aims of plan
(i) the provision and use of public boating facilities
along the waterfront should be encouraged.
These uses will be permitted in Zone RE1 Public
Recreation (refer Land Use Table). For example,
water recreation structures are permitted in Zone RE1
Public Recreation.
Clause 15 Planning principles related to heritage conservation
(a) Sydney Harbour and its islands and foreshores
should be recognised and protected as places of
exceptional heritage significance.
Foreshore lands of heritage significance are either
listed as a heritage item, or are within a heritage
conservation area.
(b) the heritage significance of particular heritage
items in and around Sydney Harbour should be
recognised and conserved.
Individual properties with heritage significance are
listed as a heritage item or are within a heritage
conservation area.
(c) an appreciation of the role of Sydney Harbour in
the history of Aboriginal and European settlement
should be encouraged.
Draft WLEP 2013 is consistent as demonstrated by
clause 1.2 Aims of plan and relevant heritage listings.
(d) the natural, scenic, environmental and cultural
qualities of the Foreshores and Waterways Area
should be protected.
Draft WLEP 2013 is consistent as demonstrated by
clauses:
1.2 Aims of Plan
5.5 Development within the coastal zone
5.7 Development below mean high water mark
6.2 Development on the foreshore must ensure access
6.3 Foreshore building line
6.7 Acid sulfate soils relate.
(e) significant fabric, settings, relics and views
associated with the heritage significance of
heritage items should be conserved.
Draft WLEP 2013 is consistent as demonstrated by
clause 5.10 Heritage conservation and Schedule 5
Environmental heritage.
(f) archaeological sites and places of Aboriginal
heritage significance should be conserved.
Draft WLEP 2013 is consistent as demonstrated by
clause 5.10 Heritage conservation and Schedule 5
Environmental heritage.