New South Wales Consolidated Acts

CALLAN PARK (SPECIAL PROVISIONS) ACT 2002 - SECT 7

7 Development at Callan Park restricted

(1) The provisions of environmental planning instruments that apply to Callan Park are the provisions of those instruments that so applied immediately before the commencement of this Act, subject to this section.

(2) The consent authority for development applications relating to land within Callan Park is the council of the local government area within which the land is situated, despite any other Act or any environmental planning instrument.

(3) Development may be carried out at Callan Park, with development consent, for the purpose of health facilities and educational or community facilities, but development for the purpose of retirement villages is prohibited at Callan Park.

(4) State Environmental Planning Policy No 5-Housing for Older People or People with a Disability does not apply to Callan Park.

(5) Buildings must not be erected at Callan Park outside the footprints or building envelopes of the buildings that existed immediately before the commencement of this Act. However, this subsection does not prevent the erection of temporary structures.

(6) Consent must not be granted for any development at Callan Park if the development would result in:

(a) less open space at Callan Park than existed immediately before the commencement of this Act, or

(b) an increase in the total floor area of all buildings that existed at Callan Park immediately before the commencement of this Act.

(7) Development at Callan Park must not adversely affect the Broughton Hall Garden, Charles Moore Garden or Kirkbride Garden.

(8) In determining a development application, the consent authority must take into consideration the objects of this Act in addition to all other matters that are required to be taken into consideration.

(9) In this section:
"community facility" means a facility (not being an educational facility or a health service) providing services to the community on a not-for-profit basis.
"educational facility" means a university or any other facility providing educational services on a not-for-profit basis, but does not include a secondary school or a primary school.