Bankstown Local Environmental Plan 2001 (Amendment No 35) (2009-527) LW 6 November 2009 (NSW)

2009 No 527

New South Wales

Bankstown Local Environmental Plan

2001 (Amendment No 35)

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. (SRW0000794/PC)

KRISTINA KENEALLY, MP

Minister for Planning

Published LW 6 November 2009	Page 1
2009 No 527

Clause 1 Bankstown Local Environmental Plan 2001 (Amendment No 35)

Bankstown Local Environmental Plan 2001

(Amendment No 35)

under the

Environmental Planning and Assessment Act 1979

1      Name of plan

This plan is Bankstown Local Environmental Plan 2001 (Amendment

No 35).

2      Aims of plan

This plan aims to amend Bankstown Local Environmental Plan 2001 so

as:

(a)	to rezone certain land in the Yagoona Town Centre to partly Zone 3 (b)—Business—Other Centres and partly Zone 5—Special Uses (Council Road Widening) to create a new central place in Yagoona as the focus for retail activities, with the potential for the development or expansion of a large-scale supermarket anchor, and
(b)	to rezone certain land in the Yagoona Town Centre to Zone 3 (b)—Business—Other Centres to consolidate community facilities and allow for future mixed-use development in addition to this community hub, and
(c)	to rezone certain land in the Yagoona Town Centre to Zone 2 (b)—Residential B to allow the redevelopment of the residential neighbourhood within easy walking distance of the Centre for a mix of medium density development, and
(d)	to amend the allowable floor space ratio applying to buildings on certain land in the Yagoona Town Centre (in some cases, as 1:1 and in other cases, as 2:1), and
(e)	to reclassify part of Gazzard Park, Yagoona, from community land to operational land within the meaning of the Local Government Act 1993, and.
(f)	to amend the allowable building height applying to buildings on certain land in the Yagoona Town Centre (ranging from 11, 16, 20 and 23 metres in height).

2009 No 527

Bankstown Local Environmental Plan 2001 (Amendment No 35) Clause 3

3      Land to which plan applies

(1)	With respect to the aims referred to in clause 2 (a)–(c), this plan applies to certain land in the Yagoona Town Centre, as shown distinctively coloured or lettered on Sheet 1 of the map marked “Bankstown Local Environmental Plan 2001 (Amendment No 35)” deposited in the office of Bankstown City Council.
(2)	With respect to the aim referred to in clause 2 (d), this plan applies to certain land in the Yagoona Town Centre, as shown distinctively coloured and lettered on Sheet 2 of that map.
(3)	With respect to the aim referred to in clause 2 (e), this plan applies to part of Gazzard Park, 176 Cooper Road, Yagoona, as shown edged heavy black on Sheet 3 of that map.
(4)	With respect to the aim referred to in clause 2 (f), this plan applies to certain land in the Yagoona Town Centre, as shown distinctively coloured and edged heavy black on Sheet 4 of that map.

4      Amendment of Bankstown Local Environmental Plan 2001

Bankstown Local Environmental Plan 2001 is amended as set out in

Schedule 1.

2009 No 527

Bankstown Local Environmental Plan 2001 (Amendment No 35)

Schedule 1 Amendments

Schedule 1 Amendments

(Clause 4)

[1]      Clause 29 Land classified or reclassified as operational land

Insert before clause 29 (2) (a):

(aa) those trusts, estates, interests, dedications, conditions, restrictions and covenants (if any) specified in relation to the description of the parcel of land in Part 2 of Schedule 4, and

[2]      Schedule 1 Dictionary

Insert in appropriate order in the definition of Floor Space Ratio Map:

Bankstown Local Environmental Plan 2001 (Amendment

No 35)—Sheet 2

[3]      Schedule 1, definition of “the map”

Insert in appropriate order:

Bankstown Local Environmental Plan 2001 (Amendment

No 35)—Sheet 1

[4]      Schedule 4 Classification or reclassification of public land

Insert in Part 2 in alphabetical order of street name under the heading

“Yagoona”:

176 Cooper Road

Part of Gazzard Park, being Lots 5 and 6, DP 91951, Lot

17B, DP 413664, Lot 1, DP 527134 and Lot 1, DP 433749,

as shown edged heavy black on Sheet 3 of the map marked

“Bankstown Local Environmental Plan 2001 (Amendment

No 35)”—Easement for electricity purposes (T946982).

2009 No 527

Bankstown Local Environmental Plan 2001 (Amendment No 35)

Amendments Schedule 1

[5]      Schedule 9 Special requirements for specific sites

Insert in alphabetical order of street name under the heading “Yagoona” in

Columns 1 and 2, respectively:

Lots 3–16, DP 12705 (100–126 Caldwell	The consent authority must be satisfied
Parade), Lots 16–19, DP 12360	that the height of any building on the
(1–7 Palomar Parade), Lot B, DP 373019	land will not exceed the height controls
(7 Palomar Parade), Lots 20 and 21,	set out on the height control map.

SP 63801 (297 Cooper Road), Lots 1–6,

DP 19650 (1–11 The Crescent), Lots 2–5,

DP 18310 (143–149 Highland Avenue),

Lot 1, DP 617441 (151 Highland Avenue),

Lot 2, DP 844522 (125 Dutton Street),

Church Lane, and Lots 5 and 6, DP 91951,

DP 12360 (293–295 Cooper Road), and Lot 1, DP 433749 (part of Gazzard Park, 176 Cooper Road), as shown distinctively coloured and edged heavy black on Sheet 4 of the map marked “Bankstown Local Environmental Plan 2001 (Amendment No 35)” (the height control map)