Blacktown Local Environmental Plan 2015 (Amendment No 10) (2020-197) LW 12 May 2020 (NSW)

New South Wales

Blacktown Local Environmental Plan 2015

(Amendment No 10)

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.

CATHERINE VAN LAEREN

As delegate for the Minister for Planning and Public Spaces

Blacktown Local Environmental Plan 2015 (Amendment No 10) [NSW]

Blacktown Local Environmental Plan 2015 (Amendment No 10)

under the

Environmental Planning and Assessment Act 1979

1      Name of Plan

This Plan is Blacktown Local Environmental Plan 2015 (Amendment No 10).

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 to which Blacktown Local Environmental Plan 2015 applies, including certain land in Mount Druitt.

4      Maps

The maps adopted by Blacktown Local Environmental Plan 2015 are amended or replaced, as the case requires, by the maps approved by the local plan-making authority on the making of this Plan.

Blacktown Local Environmental Plan 2015 (Amendment No 10) [NSW]

Schedule 1 Amendment of Blacktown Local Environmental Plan 2015

Schedule 1	Amendment of Blacktown Local Environmental
Plan 2015

[1]      Clause 4.3 Height of buildings

Insert after clause 4.3(2)—

Note. See clauses 4.3A, 4.3B and 7.7A for exceptions to the maximum height of

buildings.

[2]      Clause 7.7A

Insert after clause 7.7—

7.7A

Height of buildings exhibiting design excellence in Mount Druitt CBD

(1) The objective of this clause is to encourage commercial and residential development in the Mount Druitt central business district that exhibits design excellence. (2) This clause applies to land identified on the Incentive Height of Buildings Map. (3) The consent authority may grant consent to development that results in a building on land to which this clause applies that has a height that exceeds that permitted by clause 4.3 if the consent authority is satisfied that—

(a)	no part of the building will have a height that exceeds the maximum height shown for the land on the Incentive Height of Buildings Map, and
(b)	the development exhibits design excellence.

(4)

Development consent must not be granted to development to which this clause

applies unless—

(a)	an architectural design competition has been held in relation to the development, and
(b)	the design of the development is the winner of the architectural design competition, and
(c)	the consent authority considers that the development exhibits design excellence.

(5)

In considering whether the development exhibits design excellence, the

consent authority must have regard to the following matters—

(a)	whether a high standard of architectural design, materials and detailing appropriate to the building type and location will be achieved,
(b)	whether the form and external appearance of the development will improve the quality and amenity of the public domain,
(c)	whether the development detrimentally impacts on view corridors,
(d)	whether the development detrimentally impacts on any land protected by solar access controls established in the Blacktown Development Control Plan,
(e)	the requirements of the Blacktown Development Control Plan,
(f)	how the development addresses the following matters—

(i)      the suitability of the land for development,

(ii)      existing and proposed uses and use mix,

(iii)      heritage issues and streetscape constraints,

Blacktown Local Environmental Plan 2015 (Amendment No 10) [NSW]

Schedule 1 Amendment of Blacktown Local Environmental Plan 2015

(iv)      the relationship of the development with other development (existing or proposed) on the same site or on neighbouring sites in terms of separation, setbacks, amenity and urban form,

(v)      bulk, massing and modulation of buildings,

(vi)      street frontage heights,

(vii) environmental impacts such as sustainable design,

overshadowing, wind and reflectivity,

(viii)      the achievement of the principles of ecologically sustainable development,

(ix)      pedestrian, cycle, vehicular and service access and circulation requirements,

(x)      the impact on, and any proposed improvements to, the public domain.

(6)

In this clause—

architectural design competition means a competitive process conducted in

accordance with the Design Excellence Guidelines.

Blacktown Development Control Plan means the Blacktown Development

Control Plan 2006, as in force on the commencement of this Plan.

Design Excellence Guidelines means the Design Excellence Guidelines

issued by the Planning Secretary, as amended from time to time.

[3]      Dictionary

Insert in alphabetical order—

Incentive Height of Buildings Map means the Blacktown Local

Environmental Plan 2015 Incentive Height of Buildings Map.