CALLAN PARK (SPECIAL PROVISIONS) ACT 2002 - SECT 7
Development at Callan Park restricted
CALLAN PARK (SPECIAL PROVISIONS) ACT 2002 - SECT 7
Development at Callan Park restricted
7 Development at Callan Park restricted
(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 following purposes on a not-for-profit basis--
(a) arts and culture
facilities,
(b) community facilities,
(c) educational facilities,
(d) food
and drink premises,
(e) health facilities.
Note--: Development may be
carried out for a purpose referred to in this subsection only on a
not-for-profit basis and not on a commercial basis.
(3A) However, development
for the following purposes is prohibited at Callan Park--
(a) function
centres,
(b) hotels,
(c) retirement villages.
(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.
(5A) Subsection (5)
does not prevent the erection of the following outside the footprints or
building envelopes of the existing buildings--
(a) accessibility or safety
structures,
(b) amenities blocks,
(c) 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, but does not include a secondary school or a primary
school.