New South Wales Consolidated Acts

LOCAL GOVERNMENT ACT 1993 - SECT 47E

47E Development of community land

(1) No power of a council under an environmental planning instrument to consent to the carrying out of development on community land may be delegated by the council, if:

(a) the development involves the erection, rebuilding or replacement of a building (other than a building exempted by or under subsection (2) from the operation of this paragraph), or

(b) the development involves extensions to an existing building that would occupy more than 10 per cent of its existing area, or

(c) the development involves intensification, by more than 10 per cent, of the use of the land or any building on the land, or

(d) the location of the development has not been specified in the plan of management applying to the land and the development is likely, in the opinion of the council, to be unduly intrusive to nearby residents.

(2) The following buildings are exempt from the operation of subsection (1) (a):

(a) toilet facilities,

(b) small refreshment kiosks,

(c) shelters for persons from the sun and weather,

(d) picnic facilities,

(e) structures (other than accommodations for spectators) required for the playing of games or sports,

(f) playground structures,

(g) work sheds or storage sheds,

(h) buildings of a kind prescribed by the regulations.

(3) An "existing area" referred to in subsection (1) (b) does not include the area of any awning, balcony, verandah or other thing that extends beyond the main structural outline of the building.

(4) A delegation granted before the commencement of this section, to the extent that the delegation could not have been granted if this section had been in force at the time it was granted, is void.