Canada Bay Local Environmental Plan 2013 (Amendment No 11) (2018-157) LW 20 April 2018 (NSW)

New South Wales

Canada Bay Local Environmental Plan 2013

(Amendment No 11)

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.

STEPHEN MURRAY

As delegate for the Greater Sydney Commission

Canada Bay Local Environmental Plan 2013 (Amendment No 11)

under the

Environmental Planning and Assessment Act 1979

1      Name of Plan

This Plan is Canada Bay Local Environmental Plan 2013 (Amendment No 11).

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 at 2, 2A and 4 Rothwell Avenue, Concord West, being

Lots 1 and 2, DP 215341 and Lot X, DP 404807.

4      Maps

The maps adopted by Canada Bay Local Environmental Plan 2013 are amended or replaced, as the case requires, by the maps approved by the local plan-making authority on the making of this Plan.

Schedule 1

Amendment of Canada Bay Local Environmental

Plan 2013

[1]      Clause 4.6 Exceptions to development standards

Insert after clause 4.6 (8) (ca):

(cb) clauses 6.9 and 6.10.

[2]      Clauses 6.8–6.10

Insert after clause 6.7:

6.8 Flood planning

(1)

The objectives of this clause are as follows:

(a)	to minimise the flood risk to life and property associated with the use of land,
(b)	to allow development on land that is compatible with the land’s flood hazard, taking into account projected changes as a result of climate change,
(c)	to avoid significant adverse impacts on flood behaviour and the environment.

(2)

This clause applies to:

(a)	land identified as “Flood planning area” on the Flood Planning Map, and
(b)	other land at or below the flood planning level.

(3)

Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied that the development:

(a)	is compatible with the flood hazard of the land, and
(b)	will not significantly adversely affect flood behaviour resulting in detrimental increases in the potential flood affectation of other development or properties, and
(c)	incorporates appropriate measures to manage risk to life from flood, and
(d)	will not significantly adversely affect the environment or cause avoidable erosion, siltation, destruction of riparian vegetation or a reduction in the stability of river banks or watercourses, and
(e)	is not likely to result in unsustainable social and economic costs to the community as a consequence of flooding.

(4)

A word or expression used in this clause has the same meaning as it has in the

Floodplain Development Manual (ISBN 0 7347 5476 0) published by the

NSW Government in April 2005, unless it is otherwise defined in this clause.

(5)

In this clause:

flood planning level means the level of a 1:100 ARI (average recurrent

interval) flood event plus 0.5 metre freeboard, or other freeboard specified in

a development control plan applying to the land.

6.9

Arrangements for designated State public infrastructure

(1)	The objective of this clause is to require satisfactory arrangements to be made for the provision of designated State public infrastructure before the development of land wholly or partly for residential purposes to satisfy needs that arise from development on the land, but only if the land is developed intensively for urban purposes.
(2)	Despite all other provisions of this Plan, development consent must not be granted for development for the purposes of residential accommodation (whether as part of a mixed use development or otherwise) in an intensive urban development area that results in an increase in the number of dwellings in that area, unless the Secretary has certified in writing to the consent authority that satisfactory arrangements have been made to contribute to the provision of designated State public infrastructure in relation to the land on which the development is to be carried out.
(3)	This clause does not apply to a development application to carry out development on land in an intensive urban development area if all or any part of the land to which the application applies is a special contributions area (as defined by section 7.1 of the Act).
(4)	In this clause and clause 6.10:

designated State public infrastructure means public facilities or services that

are provided or financed by the State (or if provided or financed by the private sector, to the extent of any financial or in-kind contribution by the State) of the following kinds:

(a)	State and regional roads,
(b)	bus interchanges and bus lanes,
(c)	land required for regional open space,
(d)	social infrastructure and facilities (such as schools, hospitals, emergency services and justice purposes).

intensive urban development area means the area of land identified as

“Intensive Urban Development Area” on the Intensive Urban Development

Area Map.

Intensive Urban Development Area Map means the Canada Bay Local

Environmental Plan 2013 Intensive Urban Development Area Map.

6.10

Public utility infrastructure

(1)	Development consent must not be granted for development on land in an intensive urban development area unless the Council is satisfied that any public utility infrastructure that is essential for the proposed development is available or that adequate arrangements have been made to make that infrastructure available when required.
(2)	This clause does not apply to development for the purpose of providing, extending, augmenting, maintaining or repairing any public utility infrastructure.
(3)	In this clause:

public utility infrastructure, in relation to an intensive urban development

area, includes infrastructure for any of the following:

(a)	the supply of water,
(b)	the supply of electricity,
(c)	the disposal and management of sewage.

[3]      Dictionary

Insert in alphabetical order:

Flood Planning Map means the Canada Bay Local Environmental Plan 2013

Flood Planning Map.