Sutherland Shire Local Environmental Plan 2015

The objectives of this clause are as follows—

to prevent certain noise sensitive developments from being located near the Sydney Airport and its flight paths,

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

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

This clause applies to development that—

is on land that—

is near the Sydney Airport, and

is in an ANEF contour of 20 or greater, and

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

Despite any other provision of this Plan, development consent must not be granted to development for any of the following purposes—

if the development will be on land that is in an ANEF contour of 25 or greater—boarding houses, centre-based child care facilities, dual occupancies, educational establishments, health consulting rooms, home businesses, home industries, medical centres, multi dwelling housing, respite day care centres, secondary dwellings, seniors housing, shop top housing and tourist and visitor accommodation,

if the development will be on land that is in an ANEF contour of 30 or greater—community facilities, information and education facilities, places of public worship and recreation facilities (indoor),

if the development will be on land that is in an ANEF contour of 35 or greater—businesses premises, food and drink premises, landscaping material supplies, neighbourhood shops, office premises, service stations, shops, timber yards, vehicle sales or hire premises and veterinary hospitals,

if the development will be on land that is in an ANEF contour of 40 or greater—industrial retail outlets, industrial training facilities, light industries, self-storage units, vehicle body repair workshops, vehicle repair stations, warehouse or distribution centres and waste or resource management facilities.

Despite subclause (3), development consent may be granted to development for any of the following purposes on land identified as “Kurnell Village” on the Activity Hazard Risk Map if the development is otherwise permitted by this Plan—

centre-based child care facilities,

dwelling houses,

educational establishments,

home businesses,

home industries.

Development consent must not be granted to development to which this clause applies unless the consent authority is satisfied that the development—

will not result in an increase in the number of dwellings or people affected by aircraft noise, and

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—2000 if—

the development will be on land that is in an ANEF contour of 20 or greater and is for the purposes of boarding houses, centre-based child care facilities, community facilities, dual occupancies, dwelling houses, educational establishments, health consulting rooms, home businesses, home industries, information and education facilities, medical centres, multi dwelling housing, places of public worship, recreation facilities (indoor), respite day care centres, secondary dwellings, seniors housing or shop top housing, or

the development will be on land that is in an ANEF contour of 25 or greater and is for the purposes of businesses premises, food and drink premises, neighbourhood shops, office premises, service stations, shops, tourist and visitor accommodation, vehicle sales or hire premises or veterinary hospitals, or

the development will be on land that is in an ANEF contour of 30 or greater and is for the purposes of industrial retail outlets, industrial training facilities, light industries, self-storage units, vehicle body repair workshops, vehicle repair stations, warehouse or distribution centres or waste or resource management facilities.

Nothing in this clause prevents development consent being granted for the repair, renovation, minor alteration, extension of or addition to an existing building if there will be no resulting reduction in the degree of insulation of the building interior.

In this clause—