Blacktown Local Environmental Plan 1988 (Amendment No 202) (2006-67) [GG No 27 of 24.2.2006, p 950] (NSW)

2006 No 67

New South Wales

Blacktown Local Environmental Plan

1988 (Amendment No 202)

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. (P03/00480/S69)

FRANK SARTOR, M.P.,

Minister for Planning

Published in Gazette No 27 of 24 February 2006, page 950	Page 1
2006 No 67

Clause 1 Blacktown Local Environmental Plan 1988 (Amendment No 202)

Blacktown Local Environmental Plan 1988 (Amendment

No 202)

under the

Environmental Planning and Assessment Act 1979

1      Name of plan

This plan is Blacktown Local Environmental Plan 1988 (Amendment

No 202).

2      Aims of plan

This plan aims to rezone certain land in the Parklea Release Area under

Blacktown Local Environmental Plan 1988 so as to:

(a)	restore a riparian corridor for Second Ponds Creek, and
(b)	conserve and enhance stream health, connectivity, biological diversity, bank stability and fauna habitat.

3      Land to which plan applies

This plan, to the extent that it rezones certain land, applies to land as shown edged heavy black on the map marked “Blacktown Local Environmental Plan 1988 (Amendment No 202)” deposited in the office of the Council of the City of Blacktown.

4 Amendment of Blacktown Local Environmental Plan 1988

Blacktown Local Environmental Plan 1988 is amended as set out in

Schedule 1.

2006 No 67

Blacktown Local Environmental Plan 1988 (Amendment No 202)

Amendments Schedule 1

Schedule 1 Amendments

(Clause 4)

[1]      Clause 6 Interpretation

Insert in appropriate order in the definition of the map in clause 6 (1):

Blacktown Local Environmental Plan 1988 (Amendment

No 202)

[2]      Clauses 20C and 20D

Insert after clause 20B:

20C

Development on certain land at Schofields and Kellyville Ridge,

Parklea Release Area

(1)

This clause applies to part of Lot 404, DP 1029932, and part of Lot A, DP 397496, as shown edged heavy black on the map marked “Blacktown Local Environmental Plan 1988 (Amendment No 202)”.

(2)

In addition to any other requirement of this plan, the council must not grant consent to development of land to which this clause applies, unless the council is satisfied that, in so far as the nature of the development proposed allows, the development will:

(a)	contribute towards achieving water quality and flow objectives of the council by the application of total water cycle management principles, including WSUD (water sensitive urban design), best practice stormwater management and treatment systems, and minimising adverse impacts on the water cycle to the greatest extent possible, and
(b)	be environmentally sustainable by achieving agreed environmental outcomes acceptable to the council, particularly in relation to water and air quality, and
(c)	protect, enhance, maintain and restore land and water resources, their associated ecosystems, ecological processes, biological diversity and water quality, and
(d)	encourage best practice in the use and management of land and water resources so as to increase water efficiency, reduce reliance on imported water, and improve at-source retention of water quality, flooding, erosion, salinity and sedimentation, and
(e)	contribute to the conservation of biodiversity, and the protection and enhancement of the riparian corridor, and

2006 No 67

Blacktown Local Environmental Plan 1988 (Amendment No 202)

Schedule 1 Amendments

(f) contribute to the conservation of Aboriginal heritage.

(3) In addition to any other requirement of this plan, the council must not consent to the erection of a building on land within Zone No 3 (a) that is shown on the map marked “Blacktown Local Environmental Plan 1988 (Amendment No 202)” unless the total of the gross floor areas of all shops and commercial premises on that land will not exceed 1,500 square metres.

20D

Restriction on certain subdivisions at Schofields and Kellyville

Ridge, Parklea Release Area

(1)

The object of this clause is to require assistance towards the provision of regional transport infrastructure and services to satisfy needs that will arise from development of land to which this clause applies, but only if land is developed intensively for urban purposes.

(2)

This clause applies to part of Lot 404, DP 1029932, and part of Lot A, DP 397496, as shown edged heavy black on the map marked “Blacktown Local Environmental Plan 1988 (Amendment No 202)”.

(3)

Despite any other provisions of this plan, consent must not be granted for a subdivision of land to which this clause applies that will create a lot with an area of less than 40 hectares, unless the Director-General has certified in writing to the consent authority that satisfactory arrangements have been made to contribute to the provision of regional transport infrastructure in relation to the land comprising that lot.

(4)

The reference in subclause (3) to a lot of less than 40 hectares

does not include a reference to any such lot:

(a)	identified in the certificate as a residue lot, or
(b)	that is proposed in the development application to be reserved or dedicated for public utilities, education facilities, or any other public purpose.

(5)

Subclause (3) does not apply to a subdivision for the purpose of

rectifying an encroachment upon any existing allotment.

(6) State Environmental Planning Policy No 1—Development Standards does not apply to this clause.

BY AUTHORITY