Baulkham Hills Local Environmental Plan 1991 (Amendment No 106) (2004-441) [GG No 112 of 2.7.2004, p 5629] (NSW)

2004 No 441

New South Wales

Baulkham Hills Local Environmental

Plan 1991 (Amendment No 106)

under the

Environmental Planning and Assessment Act 1979

I, the Minister Assisting the Minister for Infrastructure and Planning (Planning Administration), make the following local environmental plan under the Environmental Planning and Assessment Act 1979. (P03/00535/S69)

DIANE BEAMER, M.P.,

Minister Assisting the Minister for Infrastructure

and Planning (Planning Administration)

Published in Gazette No 112 of 2 July 2004, page 5629	Page 1
2004 No 441

Clause 1 Baulkham Hills Local Environmental Plan 1991 (Amendment No 106)

Baulkham Hills Local Environmental Plan 1991

(Amendment No 106)

under the

Environmental Planning and Assessment Act 1979

1      Name of plan

This plan is Baulkham Hills Local Environmental Plan 1991

(Amendment No 106).

2      Aims of plan

The aims of this plan are:

(a)	to facilitate amendments to the existing zoning framework as a consequence of the Masterplan Development Application for the Rouse Hill Regional Centre, and
(b)	to encourage sustainable energy resources by allowing development for the purpose of renewable energy facilities but only in certain zones and only with development consent.

3      Land to which plan applies

(1)	To the extent that this plan amends the definition of the map in clause 5 (1) of Baulkham Hills Local Environmental Plan 1991, it applies to so much of Lot 16, DP 830418, Lot 13, DP 830418, Lot 61, DP 589837, Lot 2, DP 1040963, Lot 3, DP 1040963 and Lot 7, DP 833071, as is shown edged heavy black on the map marked “Baulkham Hills Local Environmental Plan 1991 (Amendment No 106)” deposited in the office of the Council of the Shire of Baulkham Hills.
(2)	To the extent that this plan provides for development for the purpose of renewable energy facilities to be allowed only with consent on land within certain zones, it applies to Zones Nos 1 (a), 1 (b), 1 (c), 1 (d), 2 (a), 2 (a2), 2 (a3), 2 (a4), 2 (b), 2 (c), 2 (d), 2 (e), 3 (a), 3 (b), 3 (c), 4 (b), 5 (a), 5 (b), 5 (c), 6 (a), 7 (a), 8 (a) and 10 (a) under Baulkham Hills Local Environmental Plan 1991.
(3)	To the extent that this plan inserts a definition of renewable energy facility in clause 5 (1) of Baulkham Hills Local Environmental Plan 1991, it applies to the whole of the land to which that plan applies.

2004 No 441

Baulkham Hills Local Environmental Plan 1991 (Amendment No 106) Clause 4

4 Amendment of Baulkham Hills Local Environmental Plan 1991

Baulkham Hills Local Environmental Plan 1991 is amended as set out in Schedule 1.

2004 No 441

Baulkham Hills Local Environmental Plan 1991 (Amendment No 106)

Schedule 1 Amendments

Schedule 1 Amendments

(Clause 4)

[1]      Clause 5 Definitions

Insert in alphabetical order in clause 5 (1):

renewable energy facility means a facility for the production of energy from solar, wind, water or other renewable sources.

[2]      Clause 5 (1), definition of “the map”

Insert in appropriate order:

Baulkham Hills Local Environmental Plan 1991

(Amendment No 106)

[3]      Clause 9 Zone objectives, development control table and related special provisions

Insert “; renewable energy facilities” after “recreation facilities” in item 3 of the matter relating to Zones Nos 1 (a), 1 (b), 1 (c), 1 (d), 2 (c), 5 (c), 6 (a) in the Table to clause 9.

[4]      Clause 9, Table

Insert “(other than renewable energy facilities)” after “specified in Schedule 2” in item 4 of the matter relating to Zones Nos 2 (a), 2 (a2), 2 (a3) and 2 (b) in the Table to clause 9.

[5]      Clause 9, Table

Insert “; renewable energy facilities” after “motels” in item 4 of the matter relating to Zone No 2 (a4) in the Table to clause 9.

[6]      Clause 9, Table

Insert “; renewable energy facilities” after “home businesses” in item 3 of the matter relating to Zone No 2 (d) in the Table to clause 9.

[7]      Clause 9, Table

Insert “; renewable energy facilities” after “open space” in item 3 of the matter relating to Zones Nos 2 (e) and 7 (a) in the Table to clause 9.

2004 No 441

Baulkham Hills Local Environmental Plan 1991 (Amendment No 106)

Amendments Schedule 1

[8]      Clause 9, Table

Insert “(other than renewable energy facilities)” after “generating works” in item 4 of the matter relating to Zones Nos 3 (a), 3 (b) and 10 (a) in the Table to clause 9.

[9]      Clause 9, Table

Insert at the end of item 3 of the matter relating to Zones Nos 3 (c) and 4

(b) in the Table to clause 9:

Development for the purpose of renewable energy facilities.

[10]      Clause 9, Table

Insert “; renewable energy facilities” after “recreation areas” in item 3 of the matter relating to Zone No 5 (a) in the Table to clause 9.

[11]      Clause 9, Table

Insert “; renewable energy facilities” after “open space” where secondly occurring in item 3 of the matter relating to Zone No 5 (a) in the Table to clause 9.

[12]      Clause 9, Table

Insert “; renewable energy facilities” after “bushfire hazard reduction” in item 3 of the matter relating to Zone No 5 (b) in the Table to clause 9.

[13]      Clause 9, Table

Insert “renewable energy facilities;” before “restaurants” in item 3 of the matter relating to Zone No 8 (a) in the Table to clause 9.

BY AUTHORITY