Ballina Local Environmental Plan 2012 (Amendment No 40) (2019-292) LW 28 June 2019 (NSW)

New South Wales

Ballina Local Environmental Plan 2012

(Amendment No 40)

under the

Environmental Planning and Assessment Act 1979

The following local environmental plan is made by the local plan-making authority under the

Environmental Planning and Assessment Act 1979.

TARA McGREADY, MANAGER STRATEGIC PLANNING, BALLINA SHIRE COUNCIL

As delegate for the local plan-making authority

Ballina Local Environmental Plan 2012 (Amendment No 40) [NSW]

Ballina Local Environmental Plan 2012 (Amendment No 40)

under the

Environmental Planning and Assessment Act 1979

1      Name of Plan

This Plan is Ballina Local Environmental Plan 2012 (Amendment No 40).

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 comprised in Lot 1, DP 124173, Burns Point Ferry Road,

West Ballina.

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 local plan-making authority on the making of this Plan.

Ballina Local Environmental Plan 2012 (Amendment No 40) [NSW] Schedule 1 Amendment of Ballina Local Environmental Plan 2012

Schedule 1	Amendment of Ballina Local Environmental Plan
2012

[1]      Clause 4.6 Exceptions to development standards

Insert after clause 4.6 (8) (ca):

(cb) clause 7.12.

[2]      Clause 7.12

Insert after clause 7.11:

7.12 Home businesses at Burns Point Ferry Road, West Ballina

(1)

This clause applies to land at Burns Point Ferry Road, West Ballina that is:

(a)	in Zone R2 Low Density Residential, and
(b)	identified with the letter “H” on the Floor Space Ratio Map.

(2)

Despite clause 4.4 (2A), a dwelling used for the purposes of carrying on a home business on land to which this clause applies may exceed a floor space ratio of 0.5:1, if:

(a)	the floor space ratio of those parts of the dwelling that are used for the purposes of a home business does not exceed 0.2:1, and
(b)	the floor space ratio of any other parts of the dwelling does not exceed 0.5:1.

(3)

Despite clause 5.4 (2), the floor area of those parts of a dwelling used for the purposes of carrying on a home business on land to which this clause applies may exceed 50 square metres, but must not exceed 120 square metres.

(4)

A reference in this clause to a part of a dwelling used for the purposes of carrying on a home business includes a reference to any building that is used for those purposes and is ancillary to the dwelling.