Bayside Local Environmental Plan 2021

The objectives of this clause are as follows—

to prevent certain noise sensitive developments from being located near the Sydney (Kingsford-Smith) Airport and its flight paths,

to assist in minimising the impact of aircraft noise from the airport and its flight paths by requiring appropriate noise attenuation measures in noise sensitive buildings,

to ensure that development in the vicinity of that airport does not hinder or have any other adverse impact on the ongoing, safe and efficient operation of the airport.

This clause applies to development—

on land—

near the Sydney (Kingsford-Smith) Airport, and

in an ANEF contour of 20 or greater, and

the consent authority considers is likely to be adversely affected by aircraft noise.

In deciding whether to grant development consent to development to which this clause applies, the consent authority—

must consider whether the development will result in an increase in the number of dwellings or people affected by aircraft noise, and

must consider the location of the development in relation to the criteria set out in Table 2.1 (Building Site Acceptability Based on ANEF Zones) in AS 2021—2015, and

must be satisfied the development will meet the indoor design sound levels shown in Table 3.3 (Indoor Design Sound Levels for Determination of Aircraft Noise Reduction) in AS 2021:2015 for development for the following purposes—

for development proposed to be located in an ANEF contour of 20 or greater—child care centres, educational establishments, entertainment facilities, hospitals, places of public worship, public administration buildings or residential accommodation,

for development proposed to be located in an ANEF contour of 25 or greater—business premises, hostels, hotel or motel accommodation, office premises or retail premises.

In this clause—

ANEF contour means a noise exposure contour shown as an ANEF contour on the Noise Exposure Forecast Contour Map for the Sydney (Kingsford-Smith) Airport prepared by the Department of the Commonwealth responsible for airports.

AS 2021:2015 means AS 2021:2015, Acoustics—Aircraft noise intrusion—Building siting and construction.