City of Wollongong Local Environmental Plan 1990 (Amendment No 214) (2003-584) [GG No 128 of 22.8.2003, p 8089] (NSW)

2003 No 584

New South Wales

City of Wollongong Local

Environmental Plan 1990 (Amendment

No 214)

under the

Environmental Planning and Assessment Act 1979

I, the Minister Assisting the Minister for Infrastructure and Planning (Planning Administration), make the following local environmental plan under the Environmental Planning and Assessment Act 1979. (W91/00536/PC)

DIANE BEAMER, M.P.,

Minister Assisting the Minister for Infrastructure

and Planning (Planning Administration)

Published in Gazette No 128 of 22 August 2003, page 8089	Page 1
2003 No 584

Clause 1 City of Wollongong Local Environmental Plan 1990 (Amendment No 214)

City of Wollongong Local Environmental Plan 1990

(Amendment No 214)

under the

Environmental Planning and Assessment Act 1979

1      Name of plan

This plan is City of Wollongong Local Environmental Plan 1990

(Amendment No 214).

2      Aims and objectives of plan

The aims and objectives of this plan are:

(a)	to rezone the land to which this plan applies from Zone No 1 (the Non-Urban Zone) to partly Zone No 2 (a) (the Low Density Residential Zone) and partly Zone No 7 (b) (the Environmental Protection Conservation Zone) under the City of Wollongong Local Environmental Plan 1990, and
(b)	to identify, protect and enhance remnant forest red gum communities which are of regional conservation significance, and
(c)	to identify, protect and enhance the riparian environment of Brandy and Water Creek and American Creek, which has special ecological and conservational values, and
(d)	to allow minor reshaping of the Brandy and Water Creek and American Creek floodplain, which will enhance the conveyance of stormwater in flood conditions and which will lower the flood level in nearby residential areas, and
(e)	to ensure that the Brandy and Water Creek and American Creek floodplain is managed in a manner that is ecologically sustainable and presents a minimal maintenance burden to Wollongong City Council, and
(f)	to ensure that activities on the Brandy and Water Creek and American Creek floodplain will not increase the risk to the occupants of the floodplain or emergency personnel who assist with the evacuation of those occupants during a flood event, and

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2003 No 584

City of Wollongong Local Environmental Plan 1990 (Amendment No 214) Clause 3

(g)	to allow low density residential development in a desirable location on land that has either been previously cleared or has been overgrown with exotic vegetation, and is not subject to flood risk, and
(h)	to ensure that residential development does not compromise the other aims and objectives stated in this clause from being achieved, and

(i)     toensurethattheGeneralServicesCorridorunderthe provisions of Illawarra Regional Environmental Plan No 1 does not adversely affect the development and conservation potential of the land, and

(j) to ensure that any development of the land is consistent with and complimentary to development of adjacent land.

3      Land to which plan applies

This plan applies to land situated in the City of Wollongong, being Lot 6002, DP 869342 and Lot 5, DP 867936, between O’Briens and Cordeaux Roads, Figtree, as shown edged heavy black on the map marked “City of Wollongong Local Environmental Plan 1990 (Amendment No 214)” deposited in the office of the Council of the City of Wollongong.

4 Amendment of City of Wollongong Local Environmental Plan 1990

The City of Wollongong Local Environmental Plan 1990 is amended as set out in Schedule 1.

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2003 No 584

City of Wollongong Local Environmental Plan 1990 (Amendment No 214)

Schedule 1 Amendments

Schedule 1 Amendments

(Clause 4)

[1]      Clause 3 Relationship to other environmental planning instruments

Insert after clause 3 (2):

(2A) In addition to subclause (2), clauses 82, 85 and 88 of Illawarra Regional Environmental Plan No 1 do not apply to Lot 6002, DP 869342 and Lot 5, DP 867936, between O’Briens and Cordeaux Roads, Figtree, as shown edged heavy black on the map marked “City of Wollongong Local Environmental Plan 1990 (Amendment No 214)”.

[2]      Clause 6 Definitions

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

City of Wollongong Local Environmental Plan 1990

(Amendment No 214)

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2003 No 584

City of Wollongong Local Environmental Plan 1990 (Amendment No 214)

Amendments Schedule 1

[3]      Schedule 2 Additional development

Insert at the end of the Schedule in Columns 1, 2 and 3, respectively:

Lot 6002, DP 869342	Advertisements;	Development consent shall not be
and Lot 5, DP 867936,	leisure areas;	granted unless the Council is
between O’Briens and	recreation areas;	satisfied that development of the
Cordeaux Roads,	utility installations.	land:
Figtree, as shown edged	(a)	will not have a negative

heavy black on the map

impact on the integrity of

marked “City of

the riparian corridor (being

Wollongong Local

the area on either side of

Environmental Plan

Brandy and Water Creek

1990 (Amendment

and American Creek, as

No 214)”.

measured at right angles at

a distance of 40 metres

from the bank of those

creeks), and

(b)

the occupants of the

Brandy and Water Creek

and American Creek

floodplain or emergency

personnel who assist with

the evacuation of those

will not increase the risk to event.

[4]      Schedule 3A Prohibited development

Insert at the end of the Schedule in Columns 1 and 2, respectively:

Lot 6002, DP 869342 and Lot 5,	On so much of the land as is within
DP 867936, between O’Briens and	Zone No 7 (b)—buildings used in
Cordeaux Roads, Figtree, as shown edged	conjunction with agriculture, dwelling-
heavy black on the map marked “City of	houses, educational establishments,
Wollongong Local Environmental Plan	granny flats, home employment, mines
1990 (Amendment No 214)”.	and restaurants.

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2003 No 584

City of Wollongong Local Environmental Plan 1990 (Amendment No 214)

Schedule 1 Amendments

[5]      Schedule 5 Restricted development

Insert at the end of the Schedule in Columns 1, 2 and 3, respectively:

Lot 6002, DP 869342	Development permissible	Consent must not be
and Lot 5, DP 867936,	within Zone No 2 (a) or 7 (b);	granted to a development
between O’Briens and	advertisements; leisure areas;	application in respect of
Cordeaux Roads,	recreation areas; utility	the land unless there is a
Figtree, as shown	installations.	master plan for the land.

edged heavy black on	The provisions of the
the map marked “City	master plan must be taken
of Wollongong Local	into consideration by the
Environmental Plan	Council in determining the
1990 (Amendment	development application in
No 214)”.	respect of the land to which the master plan applies.

BY AUTHORITY

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