Sutherland Shire Local Environmental Plan 2015

This Plan is Sutherland Shire Local Environmental Plan 2015.

This Plan commences on the day on which it is published on the NSW legislation website.

This Plan aims to make local environmental planning provisions for land in Sutherland Shire 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 deliver the community’s vision for Sutherland Shire by achieving an appropriate balance between development and management of the environment that will be ecologically sustainable, socially equitable and economically viable,

to establish a broad planning framework for controlling development, minimising adverse impacts of development, protecting areas from inappropriate development and promoting a high standard of urban design,

to protect and enhance the amenity of residents, workers and visitors in all localities throughout Sutherland Shire,

to minimise risk to life, property and the environment from hazards, particularly bush fires, flooding and climate change,

to concentrate development in localities with adequate infrastructure that is accessible to transport and centres,

to protect and enhance the natural environment and scenic quality of the Sutherland Shire through the retention and rehabilitation of wildlife habitats, wildlife corridors, bushland, foreshores and waterways,

to conserve, protect and enhance the environmental and cultural heritage of Sutherland Shire,

to provide leisure and recreation opportunities to suit the needs of the changing population,

to meet the future housing needs of the population of Sutherland Shire.

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.

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.

While the following environmental planning instruments no longer apply to the land to which this Plan applies, they continue to apply to the land identified as “Deferred matter” under clause 1.3(1A)—

State Environmental Planning Policy (Precincts—Central River City) 2021, Chapter 5

Sutherland Shire Local Environmental Plan 2006

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 Sutherland Shire Local Environmental Plan 2015 (Amendment No 14) 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 Sutherland Shire Local Environmental Plan 2015 (Amendment No 23) in relation to land to which the Plan applies and the application has not been finally determined before the commencement, the application must be determined as if the Plan had not commenced.

If an application for a complying development certificate has been made before the commencement of State Environmental Planning Policy Amendment (Planning for Bush Fire Protection) 2020 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 that Policy had not commenced.

An application for a complying development certificate lodged before 1 May 2023 must be determined as if State Environmental Planning Policy Amendment (National Construction Code) 2023 had not commenced.

A development application made, but not finally determined, before the commencement of State Environmental Planning Policy Amendment (Flood Planning) 2023 must be determined as if that 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).