Bellingen Local Environmental Plan 2010 (Amendment No 2) (2012-190) LW 11 May 2012 (NSW)

2012 No 190

New South Wales

Bellingen Local Environmental Plan

2010 (Amendment No 2)

under the

Environmental Planning and Assessment Act 1979

I, the Minister for Planning and Infrastructure, make the following local environmental plan under the Environmental Planning and Assessment Act 1979.

SAM HADDAD

As delegate for the Minister for Planning and Infrastructure

Published LW 11 May 2012	Page 1
2012 No 190

Clause 1 Bellingen Local Environmental Plan 2010 (Amendment No 2)

Bellingen Local Environmental Plan 2010 (Amendment

No 2)

under the

Environmental Planning and Assessment Act 1979

1      Name of Plan

This Plan is Bellingen Local Environmental Plan 2010 (Amendment

No 2).

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 the land to which Bellingen Local Environmental Plan 2010 applies and, in particular, to land at Bowra Street, Bellingen, being Lot 570, DP 755557.

4      Maps

(1) Each map adopted by Bellingen Local Environmental Plan 2010 that is specified in Column 1 of the following table is declared by this Plan to be amended or replaced, as the case requires, by the map specified opposite in Column 2 of the table as approved by the Minister on the making of this Plan:

Column 1	Column 2
Name of map being amended or	Name of amending or
replaced	replacement map
Bellingen Local Environmental Plan	Bellingen Local Environmental Plan
2010 Land Zoning Map	2010 Land Zoning Map
(0600_COM_LZN_006B_020_2010	(0600_COM_LZN_006B_020_2012
0622)	0227)
Bellingen Local Environmental Plan	Bellingen Local Environmental Plan
2010 Lot Size Map	2010 Lot Size Map
(0600_COM_LSZ_006_080_201006	(0600_COM_LSZ_006_080_201203
22)	27)

2012 No 190

Bellingen Local Environmental Plan 2010 (Amendment No 2) Clause 4

Column 1

Column 2

Name of map being amended or

Name of amending or

replaced

replacement map

Bellingen Local Environmental Plan

Bellingen Local Environmental Plan

2010 Lot Size Map

2010 Lot Size Map

(0600_COM_LSZ_006F_010_20120

328)

(2)

Each map adopted by Bellingen Local Environmental Plan 2010 that is specified below was approved by the Minister on the making of this Plan:

Bellingen Local Environmental Plan 2010 Floor Space Ratio Map

(0600_COM_FSR_006F_010_20120327)

2012 No 190

Bellingen Local Environmental Plan 2010 (Amendment No 2)

Schedule 1 Amendment of Bellingen Local Environmental Plan 2010

Schedule 1

Amendment of Bellingen Local

Environmental Plan 2010

[1]      Clauses 4.4 and 4.5

Omit the clauses. Insert instead:

4.4 Floor space ratio

(1)	The objectives of this clause are as follows:
(a) to confirm the desired density of buildings for different localities.
(2)	The maximum floor space ratio for a building on any land is not to exceed the floor space ratio shown for the land on the Floor Space Ratio Map.

4.5	Calculation of floor space ratio and site area
(1) Objectives

The objectives of this clause are as follows:

(a)

to define floor space ratio,

(b)

to set out rules for the calculation of the site area of development for the purpose of applying permitted floor space ratios, including rules to:

(i)	prevent the inclusion in the site area of an area that has no significant development being carried out on it, and
(ii)	prevent the inclusion in the site area of an area that has already been included as part of a site area to maximise floor space area in another building, and

(iii) require community land and public places to be dealt with separately.

(2)	Definition of “floor space ratio”
The floor space ratio of buildings on a site is the ratio of the gross floor area of all buildings within the site to the site area.
(3)	Site area
In determining the site area of proposed development for the purpose of applying a floor space ratio, the site area is taken to be:
(a) if the proposed development is to be carried out on only one lot, the area of that lot, or

2012 No 190

Bellingen Local Environmental Plan 2010 (Amendment No 2)

Amendment of Bellingen Local Environmental Plan 2010 Schedule 1

(b) if the proposed development is to be carried out on 2 or more lots, the area of any lot on which the development is proposed to be carried out that has at least one common boundary with another lot on which the development is being carried out.

In addition, subclauses (4)–(7) apply to the calculation of site area for the purposes of applying a floor space ratio to proposed development.

(4)

Exclusions from site area

The following land must be excluded from the site area:

(a)	land on which the proposed development is prohibited, whether under this Plan or any other law,
(b)	community land or a public place (except as provided by subclause (7)).

(5)

Strata subdivisions

The area of a lot that is wholly or partly on top of another or others in a strata subdivision is to be included in the calculation of the site area only to the extent that it does not overlap with another lot already included in the site area calculation.

(6)

Only significant development to be included

The site area for proposed development must not include a lot additional to a lot or lots on which the development is being carried out unless the proposed development includes significant development on that additional lot.

(7)

Certain public land to be separately considered

For the purpose of applying a floor space ratio to any proposed development on, above or below community land or a public place, the site area must only include an area that is on, above or below that community land or public place, and is occupied or physically affected by the proposed development, and may not include any other area on which the proposed development is to be carried out.

(8)

Existing buildings

The gross floor area of any existing or proposed buildings within the vertical projection (above or below ground) of the boundaries of a site is to be included in the calculation of the total floor space for the purposes of applying a floor space ratio, whether or not the proposed development relates to all of the buildings.

2012 No 190

Bellingen Local Environmental Plan 2010 (Amendment No 2)

Schedule 1 Amendment of Bellingen Local Environmental Plan 2010

(9)

Covenants to prevent “double dipping”

When development consent is granted to development on a site comprised of 2 or more lots, a condition of the consent may require a covenant to be registered that prevents the creation of floor area on a lot (the restricted lot) if the consent authority is satisfied that an equivalent quantity of floor area will be created on another lot only because the site included the restricted lot.

(10)

Covenants affect consolidated sites

If:

(a)	a covenant of the kind referred to in subclause (9) applies to any land (affected land), and
(b)	proposed development relates to the affected land and other land that together comprise the site of the proposed development,

the maximum amount of floor area allowed on the other land by the floor space ratio fixed for the site by this Plan is reduced by the quantity of floor space area the covenant prevents being created on the affected land.

(11)

Definition

In this clause, public place has the same meaning as it has in the

Local Government Act 1993.

[2]      Dictionary

Omit “[Not adopted]” from the definition of Floor Space Ratio Map.