New South Wales Consolidated Regulations New South Wales Consolidated Regulations(Clause 37A)
To rezone land to ensure the protection of Cumberland Plain Woodland.
To enhance the environmental qualities of the site and its locality through the identification of the conservation areas associated with Cumberland Plain Woodland.
To ensure that environmentally sensitive land is publicly owned.
To provide for site responsive development that achieves best practice in ecologically sustainable development and enhances the conservation values of the site by protecting and enhancing waterbodies, riparian land, remnant native vegetation, corridor linkages and native fauna habitat and the level of biodiversity on the site both during and after development.
To permit a diverse housing mix that provides a wide range of dwelling types and choice.
To ensure a high level of pedestrian amenity and good pedestrian linkages within Claremont Meadows Stage 2 and between Claremont Meadows Stage 2 and the existing Claremont Meadows estate, surrounding development and natural areas.
To allow for multiple lot sizes that promote higher density around open space.
To require that the form, design and function of all dwellings have regard to the principles of ecologically sustainable development and achieve a high level of water conservation and energy conservation.
To ensure that housing located in the vicinity of a major road takes account of the constraints imposed by noise and visual impact.
The council must not grant consent to development on land to which clause 37A applies unless it has taken the following into consideration:
(a) any measures that are proposed to promote pedestrian amenity, including provision of pathways and cycleways within the site, and to and from surrounding development,
(b) any measures that are proposed to ensure an appropriate architectural presentation of development to the Gipps Street and Caddens Road frontages, avoiding high fences or walls so that dwellings have a high level of visual amenity and presentation,
(c) any measures that are proposed to promote the environmental performance of buildings (including water management and energy efficiency),
(d) protection of water quality in South Creek or Claremont Creek, through implementation of appropriate drainage solutions,
(e) for development within 100 metres of the M4 Motorway road reserve, any measures that are proposed:(i) to protect the viewscape into the subject land when viewed from the M4 Motorway from both the east and the west, so that residential development is not prominent, and(ii) to provide a vegetated corridor on those lots that adjoin the M4 Motorway reserve, linking Claremont Creek to the South Creek Corridor, and(iii) to provide a minimum setback of 20 metres from the M4 Motorway reserve to any dwelling or substantial structure.
Despite any other provision of this plan, council may grant consent to subdivision of land within Zone No 2 (b) to lots with a minimum area of 250m 2, if:
(a) all lots will be directly opposite an area of public open space, not including land zoned 5 (c) or 7 (a), of at least 2,500m 2, and
(b) the minimum landscaped area for any such lots will be 40% of the site area, and
(c) the subdivision will not result in any internal lots, and
(d) the subdivision will not result in dual occupancy development other than on a corner lot.
(1) Subject to subclause (2), a person must not carry out development on land that adjoins the Werrington Arterial Road corridor unless vehicle access to the land from that road is made by way of another road (not being a State road).
(2) Where, except for this clause, development may be carried out, the council may, in relation to that development, allow permanent vehicular access to the Werrington Arterial Road, if, in the opinion of the council, alternative access to that development is neither practicable nor provided by another road or a proposed road identified in the development control plan referred to in clause 10.