Canterbury Local Environmental Plan 2012 (Amendment No 16) (2019-467) LW 20 September 2019 (NSW)

New South Wales

Canterbury Local Environmental Plan 2012

(Amendment No 16)

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.

MALCOLM McDONALD

As delegate for the Minister for Planning and Public Spaces

Canterbury Local Environmental Plan 2012 (Amendment No 16) [NSW]

Canterbury Local Environmental Plan 2012 (Amendment No 16)

under the

Environmental Planning and Assessment Act 1979

1      Name of Plan

This Plan is Canterbury Local Environmental Plan 2012 (Amendment No 16).

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 certain land to which Canterbury Local Environmental Plan

2012 applies, including land in the following zones:

(a)	Zone R2 Low Density Residential,
(b)	Zone R3 Medium Density Residential,
(c)	Zone R4 High Density Residential.

Canterbury Local Environmental Plan 2012 (Amendment No 16) [NSW] Schedule 1 Amendment of Canterbury Local Environmental Plan 2012

Schedule 1

Amendment of Canterbury Local Environmental

Plan 2012

[1]      Clause 1.8A Savings provision relating to development applications

Insert at the end of the section:

(2)	A development application made (but not finally determined) before the commencement of Canterbury Local Environmental Plan 2012 (Amendment
No 16) for development on land to which that Plan applies is to be determined
and have effect as if that Plan had not been made.

[2]      Clause 4.1C

Insert after clause 4.1B:

4.1C	Minimum lot sizes for boarding houses
(1) The objectives of this clause are as follows:

(a)	to ensure that lots for boarding houses are of sufficient size to accommodate boarding houses, setbacks to adjoining residential land, private open space and landscaped areas, driveways and vehicle manoeuvring areas,
(b)	to minimise any likely adverse impact of the development on the amenity of the area,
(c)	to require the consolidation of 2 or more lots, where an existing lot is inadequate in terms of its area or width.

(2)

Despite any other provision of this Plan, development consent must not be granted to development for the purpose of a boarding house on a lot in a zone specified in Column 1 of the table to this subclause unless:

(a)	the area of the lot is equal to or greater than the area specified for that zone in Column 2, and
(b)	the width of the lot at the front building line is equal to or greater than the width specified for that zone in Column 3.

Column 1	Column 2	Column 3
Zone R2 Low Density	1,200 square metres	20 metres

Residential

Zone R3 Medium Density 1,000 square metres 20 metres

Residential

Zone R4 High Density 1,000 square metres 20 metres

Residential

(3)

In this clause:

front building line means:

(a)	for a lot that has only one road frontage—the line the consent authority is satisfied is the minimum setback a building should be from the road alignment, or
(b)	for a lot that has more than one road frontage—the shortest of the lines (excluding an access handle or right of way for access) that can be calculated under paragraph (a).

Canterbury Local Environmental Plan 2012 (Amendment No 16) [NSW] Schedule 1 Amendment of Canterbury Local Environmental Plan 2012

[3]      Schedule 1 Additional permitted uses

Omit clause 1 (2). Insert instead:

(2)

Development for the purpose of residential accommodation is permitted with

development consent, but only if:

(a)	the development is part of a mixed use development, and
(b)	in the case of development for the purpose of a boarding house—the area of the lot is equal to or greater than 5,000m2.