Ashfield Local Environmental Plan 1985 (Amendment No 104) (2006-678) [GG No 145 of 24.11.2006, p 9950] (NSW)

2006 No 678

New South Wales

Ashfield Local Environmental Plan

1985 (Amendment No 104)

under the

Environmental Planning and Assessment Act 1979

I, the Minister for Planning, make the following local environmental plan under the

Environmental Planning and Assessment Act 1979. (SRE0000189/PC)

FRANK SARTOR, M.P.,

Minister for Planning

Published in Gazette No 145 of 24 November 2006, page 9950	Page 1
2006 No 678

Clause 1 Ashfield Local Environmental Plan 1985 (Amendment No 104)

Ashfield Local Environmental Plan 1985 (Amendment

No 104)

under the

Environmental Planning and Assessment Act 1979

1      Name of plan

This plan is Ashfield Local Environmental Plan 1985 (Amendment

No 104).

2      Aims of plan

The aim of this plan is to rezone the land to which this plan applies from Zone No 5 (a) (Special Uses (Post Office) Zone) to Zone No 3 (a) (General Business Zone) under Ashfield Local Environmental Plan 1985 and to apply development standards to that land.

3      Land to which plan applies

This plan applies to land at 11–13 Hercules Street, Ashfield as shown edged heavy black and lettered “3 (a)” on the map marked “Ashfield Local Environmental Plan 1985 (Amendment No 104)” deposited in the office of Ashfield Municipal Council.

4 Amendment of Ashfield Local Environmental Plan 1985

Ashfield Local Environmental Plan 1985 is amended as set out in

Schedule 1.

2006 No 678

Ashfield Local Environmental Plan 1985 (Amendment No 104)

Amendments Schedule 1

Schedule 1 Amendments

(Clause 4)

[1]      Clause 6 Interpretation

Insert in appropriate order in the definition of the map in clause 6 (1):

Ashfield Local Environmental Plan 1985 (Amendment No 104)

[2]      Clause 54

Insert after clause 53:

54 Development at 11–13 Hercules Street, Ashfield

(1)

This clause applies to land at 11–13 Hercules Street, Ashfield as shown edged heavy black and lettered “3 (a)” on the map marked “Ashfield Local Environmental Plan 1985 (Amendment No 104)”.

(2)

In determining whether to grant consent to development of any

land to which this clause applies, the Council must consider:

(a)	the extent to which the land may be contaminated such that there is likely to be an immediate or long-term hazard to human health or the environment, and
(b)	the need for remediation in order to remove or reduce any such hazard, and

(c) the impact of any required remediation on adjoining land. The Council must not grant consent to development that would result in a building on land to which this clause applies having a floor space ratio that exceeds 2:1.

(3)

(4)

The Council may grant consent for a mixed development building (being a building used for residential and commercial purposes) having a floor space ratio greater than the maximum allowed by subclause (3), if:

(a)	the floor space ratio of the building does not exceed 3:1, and
(b)	the Council is satisfied that the additional floor area (being the floor area that would not be allowed by that maximum) is only used for residential purposes, and

2006 No 678

Ashfield Local Environmental Plan 1985 (Amendment No 104)

Schedule 1 Amendments

(c)

the Council is satisfied that the development will not result in an adverse impact on any one or more of the following:

(i)	the scale and character of the streetscape,
(ii)	the amenity of any existing or potential residential units on neighbouring land,

(iii)	sunlight access to surrounding streets, open space and nearby properties,
(iv)	wind flow patterns to surrounding streets, open space and nearby properties.

(5)

Clauses 17 and 40 do not apply to land to which this clause

applies.

BY AUTHORITY