Campbelltown Local Environmental Plan 2015

This Plan is Campbelltown Local Environmental Plan 2015.

This Plan commences 3 months after it is published on the NSW legislation website.

This Plan aims to make local environmental planning provisions for land in Campbelltown in accordance with the relevant standard environmental planning instrument under section 3.20 of the Act.

The particular aims of this Plan are as follows—

to protect and promote the use and development of land for arts and cultural activity, including music and other performance arts,

to provide a comprehensive planning framework for the sustainable development of all land in Campbelltown,

to facilitate Campbelltown’s development as the compact, vibrant primary business centre for the Macarthur Region, with distinct limits to urban growth and a clearly defined separation between urban and non-urban areas,

to protect rural land, its agricultural potential and prevent its fragmentation,

to ensure that diverse housing opportunities are provided, including those that accord with urban consolidation principles for all existing and future residents of Campbelltown in all stages of their lives,

to reinforce a hierarchy of centres and strengthen the role of the Campbelltown-Macarthur Regional City Centre as the primary business centre for the Macarthur Region,

to optimise the integration of land use and transport and encourage safe, diverse and efficient means of transport throughout Campbelltown,

to encourage high-quality, well-designed development, that is of an appropriate design and scale to complement its setting and that enhances and encourages a safe and healthy environment,

to ensure the adequate provision of infrastructure and services to support both existing and future development,

to ensure high quality development that is sustainable and does not unreasonably increase the demand for public facilities, amenities and services,

to identify, conserve and protect the Aboriginal, cultural and natural heritage of Campbelltown and to minimise any adverse impacts of development on heritage items and conservation areas,

to facilitate diverse economic growth and employment opportunities,

to conserve and enhance the environmental, scenic and landscape values of land in Campbelltown,

to maintain, protect and improve the natural environment including biodiversity and water resources,

to minimise land use conflict and the impact of development on adjoining land and on land subject to environmental hazards, particularly bush fire, flooding and salinity,

to achieve development outcomes that are commensurate with the capability and suitability of the land,

to provide for the social, cultural and recreational needs of existing and future communities,

to foster environmental, economic, social and physical well-being so that Campbelltown develops as an integrated, balanced and sustainable city,

to protect and promote the health and well-being of current and future residents of Campbelltown.

This Plan applies to the land identified on the Land Application Map.

Despite subclause (1), this Plan does not apply to the land identified as “Deferred matter” on the Land Application Map.

The Dictionary at the end of this Plan defines words and expressions for the purposes of this Plan.

Notes in this Plan are provided for guidance and do not form part of this Plan.

The consent authority for the purposes of this Plan is (subject to the Act) the Council.

A reference in this Plan to a named map adopted by this Plan is a reference to a map by that name—

approved by the local plan-making authority when the map is adopted, and

as amended or replaced from time to time by maps declared by environmental planning instruments to amend or replace that map, and approved by the local plan-making authority when the instruments are made.

(Repealed)

Any 2 or more named maps may be combined into a single map. In that case, a reference in this Plan to any such named map is a reference to the relevant part or aspect of the single map.

Any such maps are to be kept and made available for public access in accordance with arrangements approved by the Minister.

For the purposes of this Plan, a map may be in, and may be kept and made available in, electronic or paper form, or both.

Note.

The maps adopted by this Plan are to be made available on the NSW Planning Portal. Requirements relating to the maps are set out in the documents entitled Standard technical requirements for LEP maps and Standard requirements for LEP GIS data which are available on the website of the Department of Planning and Environment.

All local environmental plans and deemed environmental planning instruments applying only to the land to which this Plan applies are repealed.

Note.

The following local environmental plans are repealed under this provision—

Campbelltown Local Environmental Plan—District 8 (Central Hills Lands)

Campbelltown Local Environmental Plan No 1

Campbelltown Local Environmental Plan No 32

Campbelltown Local Environmental Plan No 112—Macquarie Field House

Campbelltown Local Environmental Plan No 197

Campbelltown Local Environmental Plan No 209—Exempt Development

Campbelltown (Urban Area) Local Environmental Plan 2002

Interim Development Order No 13—City of Campbelltown

Interim Development Order No 28—City of Campbelltown

All local environmental plans and deemed environmental planning instruments applying to the land to which this Plan applies and to other land cease to apply to the land to which this Plan applies.

Note.

However, the following local environmental plans continue to apply to the land identified as “Deferred matter” under clause 1.3(1A)—

Interim Development Order No 15—City of Campbelltown

If a development application has been made before the commencement of this Plan in relation to land to which this Plan applies and the application has not been finally determined before that commencement, the application must be determined as if this Plan had not commenced.

Note.

However, under Division 3.5 of the Act, a development application may be made for consent to carry out development that may only be carried out if the environmental planning instrument applying to the relevant development is appropriately amended or if a new instrument, including an appropriate principal environmental planning instrument, is made, and the consent authority may consider the application. The Division requires public notice of the development application and the draft environmental planning instrument allowing the development at the same time, or as closely together as is practicable.

If a development application has been made before the commencement of Campbelltown Local Environmental Plan 2015 (Amendment No 17) in relation to land to which that Plan applies and the application has not been finally determined before that commencement, the application must be determined as if that Plan had not commenced.

If a development application has been made before the commencement of State Environmental Planning Policy (Sydney Region Growth Centres) Amendment (Glenfield Precinct) 2021 in relation to land in the Glenfield Precinct and the application was not finally determined before that commencement, the application must be determined as if the Policy had not commenced.

This Plan is subject to the provisions of any State environmental planning policy that prevails over this Plan as provided by section 3.28 of the Act.

The following State environmental planning policies (or provisions) do not apply to the land to which this Plan applies—

For the purpose of enabling development on land in any zone to be carried out in accordance with this Plan or with a consent granted under the Act, any agreement, covenant or other similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose.

This clause does not apply—

to a covenant imposed by the Council or that the Council requires to be imposed, or

to any relevant instrument within the meaning of section 13.4 of the Crown Land Management Act 2016, or

to any conservation agreement within the meaning of the National Parks and Wildlife Act 1974, or

to any Trust agreement within the meaning of the Nature Conservation Trust Act 2001, or

to any property vegetation plan within the meaning of the Native Vegetation Act 2003, or

to any biobanking agreement within the meaning of Part 7A of the Threatened Species Conservation Act 1995, or

to any planning agreement within the meaning of Subdivision 2 of Division 7.1 of the Act.

This clause does not affect the rights or interests of any public authority under any registered instrument.

Under section 3.16 of the Act, the Governor, before the making of this clause, approved of subclauses (1)–(3).