New South Wales Consolidated Regulations

WARRINGAH LOCAL ENVIRONMENTAL PLAN 2000 - REG 19

19 When is a masterplan required?

(1) A masterplan is a document (consisting of written information, maps and diagrams) that makes more detailed provisions relating to development of the land to which it relates than this plan. A masterplan:

(a) outlines long-term proposals for development of the entire site to which the masterplan relates, and

(b) explains how those proposals address the range of matters outlined below.

(2) Where a Locality Statement requires development of land to be assessed with regard to a masterplan, the consent authority must not grant consent to that development unless:

(a) a masterplan for the development of the land has been adopted by the consent authority and the consent authority has had regard to it, or

(b) the consent authority has waived the requirement for the masterplan under subclause (3), or

(c) a draft masterplan for the land has been submitted to the consent authority for adoption, but either has been rejected by the consent authority or has not been adopted before the development application is deemed to have been refused by the Act.

If a Locality Statement requires development of land to be assessed with regard to a masterplan, but paragraph (b) or (c) applies, the consent authority must not grant consent to that development unless it has had regard to all matters listed in subclause (5) that are relevant to the proposed development.

(3) The consent authority may waive the requirement for a masterplan, but only if it is satisfied:

(a) that the proposed development is of a minor nature only and is ancillary to the current use of the land, or

(b) that the development to which the development application relates is for the purpose of providing public infrastructure or utility installations, or

(c) that the proposed development complies, without variation, with all of the built form controls in the Locality Statement.

(4) A masterplan may be prepared by, or on behalf of, the owner of the land concerned following consultation with the consent authority.

(5) A masterplan is to address, illustrate and explain, where appropriate, proposals covering the following range of matters (but is not limited to them):

(a) design principles drawn from an analysis of the site and its context,

(b) phasing of development,

(c) distribution of land uses, including foreshore public access and open space,

(d) subdivision pattern,

(e) building envelopes and built form controls,

(f) pedestrian, cycle and road access and circulation network, with particular regard to public transport servicing,

(g) parking provisions,

(h) infrastructure provision,

(i) heritage conservation, including both Aboriginal and European heritage,

(j) remediation of the site,

(k) provision of public facilities,

(l) provision of open space, its function and landscaping,

(m) impact on, and improvements to, the public domain,

(n) identification and conservation of native flora and fauna habitat on the site, including any threatened species, populations or ecological communities,

(o) the principles of ecologically sustainable development,

(p) stormwater drainage and water management,

(q) bushfire hazard management,

(r) the relevant general principles of development control outlined in Part 4, and

(s) any other matter it is required to address by the relevant Locality Statement.

(6) Immediately after receiving a draft masterplan, the consent authority must advertise it in a newspaper circulating in the locality and exhibit it at the Council’s office for not less than 21 days, for public comment. The consent authority must consider any written submissions made about the content of the masterplan during the exhibition period.

(7) After considering a draft masterplan, the consent authority:

(a) may adopt the masterplan without variation, or

(b) may adopt the masterplan with such variations as it considers appropriate, or

(c) may reject the masterplan, specifying the grounds upon which the masterplan is rejected.

(8) A masterplan may be amended by a subsequent masterplan.

(9) An amendment to a masterplan may be dealt with concurrently with a development application.