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DRAFT WOOLLAHRA LOCAL ENVIRONMENTAL PLAN 2013 Consistency assessment with relevant State Environmental Planning Policies

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Page 1: Home | Woollahra Municipal Council - Consistency ......The land use tables in Draft WLEP 2013 do not prohibit uses permissible under the SEPP. SEPP (Kosciuszko National Park-Alpine

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

Page 2: Home | Woollahra Municipal Council - Consistency ......The land use tables in Draft WLEP 2013 do not prohibit uses permissible under the SEPP. SEPP (Kosciuszko National Park-Alpine
Page 3: Home | Woollahra Municipal Council - Consistency ......The land use tables in Draft WLEP 2013 do not prohibit uses permissible under the SEPP. SEPP (Kosciuszko National Park-Alpine

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.

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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

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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

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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).

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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.

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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.

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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.

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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.