Botany Local Environmental Plan 1995 (Amendment No 26) (2003-121) [GG No 39 of 7.2.2003, p 1517] (NSW)

2003 No 121

New South Wales

Botany Local Environmental Plan 1995

(Amendment No 26)

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. (S02/00880/S69)

ANDREW REFSHAUGE, M.P.,

Minister for Planning

Published in Gazette No 39 of 7 February 2003, page 1517	Page 1
2003 No 121

Clause 1 Botany Local Environmental Plan 1995 (Amendment No 26)

Botany Local Environmental Plan 1995 (Amendment

No 26)

under the

Environmental Planning and Assessment Act 1979

1      Name of plan

This plan is Botany Local Environmental Plan 1995 (Amendment

No 26).

2      Aims of plan

This plan aims:

(a)	to allow, with the consent of the Council of the City of Botany Bay, the carrying out of development on the land to which this plan applies for the purpose of a caretaker’s residence used in conjunction with an industrial use of the land, and
(b)	to introduce a definition of caretaker’s residence into Botany Local Environmental Plan 1995, and
(c)	to remove a house on land to which this plan applies from the list of heritage items in Botany Local Environmental Plan 1995 and add plantings of Canary Island Date Palms on that land to that list of heritage items.

3      Land to which plan applies

This plan applies to Lot 1 in DP 169307, known as 23 Byrnes Street,

Botany.

4 Amendment of Botany Local Environmental Plan 1995

Botany Local Environmental Plan 1995 is amended as set out in

Schedule 1.

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2003 No 121

Botany Local Environmental Plan 1995 (Amendment No 26)

Amendments	Schedule 1
Schedule 1 Amendments

(Clause 4)

[1]      Schedule 1 Definitions

Insert in alphabetical order:

caretaker’s residence means a residence used for the purpose of providing ancillary support services to the principal industrial use of the land on which the residence is located, if:

(a)	theresidenceisnecessaryforthesecurityand/or supervision of the principal use of the land, and
(b)	the principal use of the land has been established, and
(c)	theresidenceisphysicallylinkedtoorwithinthe curtilage of a building used for industrial purposes.

[2]      Schedule 2 Development for certain additional purposes

Insert at the end of the Schedule:

• Land, being Lot 1, DP 169307, known as 23 Byrnes Street, Botany—Caretaker’s residence.

[3]      Schedule 3 Heritage items and heritage conservation areas

Omit from the Schedule:

70 House 23 Byrnes Street, Botany

Insert instead:

70 Canary Island Date Palms 23 Byrnes Street, Botany

(Phoenix Canariensis)

BY AUTHORITY

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