Master Plan 2009 - Sydney Airport

contained in the standard Local Environmental
Plan now being used in NSW, in order to provide a
greater degree of consistency, understanding and
transparency in relation to proposed land uses on
the Airport. This approach will also provide the
Master Plan with long term currency.
12.3 Airports Act 1996 and
associated regulations
The Airports Act 1996 (the Act) requires the
Master Plan to identify Sydney Airport’s intentions
for land use within the airport and related
development of the leased area of the airport
site where the uses and developments embrace
in all cases – landside, surface access and land
planning/zoning aspects.
The Airports Regulations 1997 provide land use,
planning and building controls for Commonwealth
leased airports. Part 5 of the Regulations state
that the Master Plan must set out proposals in a
similar format to that required by State or Territory
legislation (as described above), specifically:
‘For section 71 of the Act, an airport master
plan must, in relation to the landside part of
the airport, where possible, describe proposals
for land use and related planning, zoning or
development in an amount of detail equivalent
to that required by, and using terminology
(including definitions) consistent with that
applying in, land use planning, zoning and
development legislation in force in the State or
Territory in which the airport is located’.
As stated in section 12.2, the land use definitions
(see Appendix D) and terminology used in NSW
planning legislation have been used, where
appropriate, to provide a level of detail and
transparency.
Additionally the Airports Regulations 1997 specify
that for subsection 71(5) of the Act a Master Plan
must address:
‘any obligation that has passed to the relevant
airport — lessee company under subsection
22 (2) of the Act or subsection 26 (2) of the
Transitional Act’.
SACL is subject to a robust application assessment
process prior to the construction of new
development. The Airports (Building Control)
Regulations 1996 provides the provisions for
establishing a system for approval of appropriate
building activities on the airport site. Regulation
2.05 of the Airports (Building Control) Regulations
1996 requires an application for approval
of a building activity to include a statement
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describing how the proposed building activity
is consistent with both the Master Plan and the
Environment Strategy. A statutory assessment
of the environmental impacts created by new
development is also undertaken by the Airport
Environment Officer (AEO). Further, an application
for approval to carry out a building activity
must be supported by a declaration by SACL to
the effect that the proposed building activity is
consistent with the Master Plan for the airport.
Where proposed works are deemed to require
a Major Development Plan, an environmental
assessment and community consultation are
undertaken prior to seeking (pursuant to section
89 of the Act), approval from the Minister for
Infrastructure, Transport, Regional Development
and Local Government.
Building activities at the airport require a building
activity approval from the Airport Building
Controller (ABC) who is advised by the AEO.
Both the ABC and AEO are independent officers
employed by the DITRDLG. In addition, a
corresponding consent must also be granted by
SACL. In this way all proposed developments
are assessed through the same process and to
determine whether the development is consistent
with the Master Plan. This facilitates the
independent assessment of development within
the airport environment. SACL has an internal
process for assessing development proposals
which is described in more detail in Appendix E.
12.4 land use zoning on Sydney
Airport
For the purpose of this Master Plan, Sydney
Airport has prepared a land use zoning plan (Figure
12.1) and accompanying zoning tables to reflect
appropriate land uses within the leased site and on
adjacent land holdings owned by Sydney Airport to
satisfy the provisions of section 71(6) of the Act
which requires that the Master Plan must address
the extent (if any) of consistency of its land
use intentions with New South Wales planning
schemes.
In this regard, to satisfy section 71 of the Act
and Part 5, Regulation 5.02(2) of the Airports
Regulations 1997, the NSW planning terminology
and controls have been used from the Standard
Instrument – Principal Local Environmental Plan
(NSW Department of Planning 2008) (known
as the LEP Template), where practicable, to be
as consistent as possible with, as opposed to
compliant with, current NSW planning practice