Ballina Local Environmental Plan 2012 (Amendment No 14) (2014-542) LW 22 August 2014 (NSW)

New South Wales

Ballina Local Environmental Plan 2012

(Amendment No 14)

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.

MATTHEW WOOD, MANAGER STRATEGIC PLANNING, BALLINA SHIRE COUNCIL

As delegate for the Minister for Planning

Ballina Local Environmental Plan 2012 (Amendment No 14)

under the

Environmental Planning and Assessment Act 1979

1      Name of Plan

This Plan is Ballina Local Environmental Plan 2012 (Amendment No 14).

2      Commencement

This Plan commences on the day on which it is published on the NSW legislation website.

3      Land to which Plan applies

This Plan applies to land to which Ballina Local Environmental Plan 2012 applies.

4      Maps

The maps adopted by Ballina Local Environmental Plan 2012 are amended or replaced, as the case requires, by the maps approved by the Minister on the making of this Plan.

Schedule 1

Amendment of Ballina Local Environmental Plan

2012

[1]      Clause 6.3 Development control plan

Omit “any of the lots proposed to be created is” from clause 6.3 (4) (b).

Insert instead “all of the lots proposed to be created are”.

[2]      Schedule 2 Exempt development

Insert at the end of the clause headed “Commercial use of footpaths”:

Note. This clause does not apply to development the subject of Subdivision 20A (Footpaths—outdoor dining) of Division 1 of Part 2 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.

[3]      Schedule 2, subclause (1A) of clause headed “Signage”

Insert before subclause (1):

(1A)

This clause applies to the following signage:

(a)	a business identification sign that is displayed on a freestanding structure that is mounted on the ground on one or more supports,
(b)	a business identification sign that is mounted on an entrance gate to the property to which the signage relates.

[4]      Schedule 2, subclause (1) (c) of clause headed “Signage”

Omit the paragraph. Insert instead:

(c) must be within (or, in the case of a sign referred to in subclause (1A) (b), within or on) the boundary of the property to which the signage relates,

[5]      Schedule 2, subclauses (2)–(12) of clause headed “Signage”

Omit the subclauses. Insert instead:

(2)

Signage to which this clause applies that is erected in a residential zone must

comply with the following:

(a)	maximum area—0.6m2,
(b)	1 sign per premises.

(3)

Signage to which this clause applies that is erected in a rural zone must comply

with the following:

(a)	maximum area—0.75m2,
(b)	1 sign per premises,
(c)	must not be located within 250m of a classified road.

Note. Subdivision 8 (Replacement of identification signs) of Division 2 of Part 2 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 applies to the replacement of an existing business identification sign or the content of such a sign.