Development permitted without consent
2.52 Development permitted without consent
Development for the purpose of an emergency services facility may be carried out by or on behalf of a public authority without consent in a prescribed zone.
Development for the purpose of an ambulance facility may be carried out by or on behalf of a public authority without consent on any land.
Development for any of the following purposes may be carried out by or on behalf of an emergency services organisation without consent on any land—
the replacement or alteration of, or an addition to, an existing emergency services facility,
the restoration of an emergency services facility due to damage,
the demolition of an emergency services facility.
(Repealed)
This section does not permit the erection of any building that exceeds 12m in height or that is located closer than 5m to any property boundary (or an addition to a building resulting in the building exceeding that height or being closer than that distance to any property boundary).
Despite subsection (5), development for the following purposes may result in a building being located closer than 5 metres to a property boundary—
an emergency services facility carried out by or on behalf of Fire and Rescue NSW or the NSW Rural Fire Service,
an ambulance facility carried out by or on behalf of the Ambulance Service of NSW.
Despite subsection (5), development for the purposes of an ambulance facility carried out by or on behalf of the Ambulance Service of NSW may result in a building with a height of more than 12m.
Before development to which this section applies is carried out, the proponent of the development must—
give written notice of the intention to carry out the development to the council for the area in which the land is located (unless the proponent is that council) and to the occupiers of adjoining land, and
take into consideration any response to the notice that is received within 21 days after the notice is given.
Development for the purpose of bush fire hazard reduction work may be carried out by any person without consent on any land that is not within the coastal wetlands and littoral rainforests area if the development is consistent with the applicable bush fire management plan or the direction or agreement relating to the applicable designated fire trail.
Development for the purposes of fire hose drying poles may be carried out by or on behalf of a public authority in a prescribed zone if—
each pole is no more than 20m high, and
none of the poles penetrate any obstacle limitation surface shown on any relevant Obstacle Limitation Surface Plan that has been prepared by the operator of an aerodrome or airport operating within 2km of the proposed development and reported to the Civil Aviation Safety Authority.
In this section, coastal wetlands and littoral rainforests area has the same meaning as in section 6 of the Coastal Management Act 2016, but does not include land identified as “proximity area for coastal wetlands” or “proximity area for littoral rainforest” on the Coastal Wetlands and Littoral Rainforests Area Map.
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