New South Wales Consolidated Regulations

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KU-RING-GAI LOCAL ENVIRONMENTAL PLAN 2015 - SCHEDULE 2

SCHEDULE 2 – Exempt development

(Clause 3.1)

Note 1 : State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies exempt development under that Policy. The Policy has State-wide application. This Schedule contains additional exempt development not specified in that Policy.
Note 2 : Exempt development may be carried out without the need for development consent under the Act. Such development is not exempt from any approval, licence, permit or authority that is required under any other Act and adjoining owners' property rights and the common law still apply.

Graves and monuments that are not heritage items

(1) Must only be--
(a) the creation of graves or monuments in an existing approved burial ground, or
(b) an excavation or disturbance of land for the purpose of carrying out the conservation or repair of a monument or grave marker.
(2) Must not disturb human remains, relics in the form of grave goods or a place of Aboriginal heritage significance.

Lighting (external)

(1) Must not be constructed or installed on land that comprises, or on which there is, a heritage item.
(2) Must not be for the lighting of a tennis court or a sports field.
(3) Must not cause glare to adjoining properties or streets.

Special events (including markets)

(1) If held by or on behalf of the Council or on land owned or managed by the Council, must be in accordance with a permit issued by the Council.
(2) If held on private land by the owner or occupier of that land--
(a) must be a social, family, corporate or religious event or a community function or a market, and
(b) must be held on land that supports one of the following--
(i) a place of public worship,
(ii) an educational establishment,
(iii) a hospital,
(iv) a community facility,
(v) a residential care facility,
(vi) a centre-based child care facility, and
(c) must not be held on land that is bushfire prone land, and
(d) must take place only during the following periods--
(i) 8.00 am to 8.00 pm on Sunday, Monday, Tuesday or Wednesday,
(ii) 8.00 am to 10.00 pm on Thursday, Friday or Saturday, and
(e) must not contravene any condition of a development consent that applies to the land on which the event is to be held, and
(f) must not have a duration of more than 3 days over any 3 month period, and
(g) all lighting must be directed away from adjacent residential properties, and
(h) must not involve laser shows or bonfires, and
(i) if any fireworks are to be used at the event, notice of that use must be given to the Council at least 7 days before the event, and
(j) arrangements must be made for the collection and disposal of waste and recyclable materials by an authorised trade waste contractor, and
(k) adequate provision of sanitary facilities must be made for all anticipated staff and patrons attending the event, and
(l) if held at the Sydney Adventist Hospital, not more than 5,000 people may attend the event at any one time, and
(m) if more than 2,500 people are expected to attend the event, a noise management plan must be given to the Council at least 7 days before the event, and
(n) if the event will disrupt normal traffic and transport systems--
(i) a detailed Local Traffic Management Plan must be submitted to the Council in accordance with Council's requirements and be approved before the event, and
(ii) the local police must be informed at least 7 days before the event and the relevant requirements of NSW Police must be met for the event, and
(iii) at least 7 days before the event, written notice of the event must be given to all residential properties within 200m of the land on which the event is to be held to advise the time, date and type of event.
Note 1 : Events that do not involve the erection of a temporary structure, the erection of an amusement device or disruption to normal traffic and pedestrian flows and are events for which the land has been designed do not require development consent. (For example, family picnics, regular sports training or games, casual exercise and passive enjoyment of a park.)
Note 2 : The Local Government Act 1993 may also apply, including provisions relating to Plans of Management and Alcohol Free Zones.



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