New South Wales Consolidated Regulations

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STATE ENVIRONMENTAL PLANNING POLICY (INFRASTRUCTURE) 2007 - REG 29

Development permitted without consent

29 Development permitted without consent

(1) Development for any of the following purposes may be carried out by or on behalf of a public authority without consent on land in a prescribed zone if the development is in connection with an existing educational establishment:
(a) construction, operation or maintenance, more than 5m from any property boundary, of:
(i) a library or an administration building that is not more than one storey high, or
(ii) a portable classroom that is not more than one storey high, or
(iii) a permanent classroom that is not more than one storey high to replace an existing portable classroom and that is used for substantially the same purpose as the portable classroom, or
(iv) a tuckshop, cafeteria or bookshop to provide for students and staff that is not more than one storey high, or
(v) a sporting field, tennis court, basketball court or any other type of court used for sport, and associated awnings or canopies, if the development does not involve clearing of more than 2 hectares of native vegetation, or
(vi) a car park that is not more than one storey high, or
(vii) a toilet block, or
(viii) if the development is on bush fire prone land or if the educational establishment is, or contains, a heritage item-an outdoor learning or play area and associated awnings or canopies,
(b) minor alterations or additions, such as:
(i) internal fitouts, or
(ii) alterations or additions to address occupational health and safety requirements or to provide access for people with a disability,
(c) restoration, replacement or repair of damaged facilities,
(d) demolition of buildings or structures,
(e) environmental management works.
(2) However, subclause (1) only applies to development that:
(a) does not allow for an increase in:
(i) the number of students at the educational establishment, or
(ii) the number of staff employed at the establishment,
that is greater than 10 per cent (compared with the average of each of those numbers for the 12 month period immediately prior to the commencement of the development), and
(b) will not necessitate an alteration of transport or traffic arrangements.
(3) Development for the purpose of a portable one storey classroom may be carried out by any person without consent on land on which a school is located, if the classroom is located more than 5m from any property boundary.



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