Coffs Harbour City Local Environmental Plan 2000 (Amendment No 30) (2008-173) Gazette No 66 of 6 June 2008, page 4696 (NSW)

2008 No 173

New South Wales

Coffs Harbour City Local

Environmental Plan 2000 (Amendment

No 30)

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. (GRA6323881/S69)

FRANK SARTOR, M.P.,

Minister for Planning

Published in Gazette No 66 of 6 June 2008, page 4696	Page 1
2008 No 173

Clause 1 Coffs Harbour City Local Environmental Plan 2000 (Amendment No 30)

Coffs Harbour City Local Environmental Plan 2000

(Amendment No 30)

under the

Environmental Planning and Assessment Act 1979

1      Name of plan

This plan is Coffs Harbour City Local Environmental Plan 2000

(Amendment No 30).

2      Aims of plan

This plan aims to amend Coffs Harbour City Local Environmental Plan

2000 so as:

(a)	to rezone certain land for rural residential purposes, and
(b)	to rezone certain land for environmental protection purposes, and
(c)	to rezone certain land for medium density residential development purposes, and
(d)	to rezone certain land for medium-high density residential development purposes, and
(e)	to rezone certain land for high density residential development purposes, and
(f)	to rezone land for public open space purposes, and
(g)	to make minor revisions to the objectives of that plan, and
(h)	to make other minor revisions to zoning under that plan, and

(i)      to make minor revisions to the zoning controls of that plan, and

(j)	to make additions to clause 10 (Exempt and complying development) of that plan, and
(k)	to make minor additions to clause 12 (Koala habitat) of that plan, and
(l)	to make minor revisions to clause 23 (Environmental hazards) of that plan, and
(m)	to insert a new clause 23A (Development on flood prone land) into that plan, and
(n)	to insert additional items in Schedule 2 (Exempt development) to that plan, and

2008 No 173

Coffs Harbour City Local Environmental Plan 2000 (Amendment No 30) Clause 3

(o)	to insert additional items in Schedule 4 (Classification and reclassification of public land as operational land) to that plan, and
(p)	to revise the street names of certain items in Schedule 5 (Heritage items) to that plan, and
(q)	to make minor amendments to the Dictionary to that plan.

3      Land to which plan applies

This plan applies to all land within the City of Coffs Harbour to which

Coffs Harbour City Local Environmental Plan 2000 applies.

4 Amendment of Coffs Harbour City Local Environmental Plan 2000

Coffs Harbour City Local Environmental Plan 2000 is amended as set out in Schedule 1.

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Coffs Harbour City Local Environmental Plan 2000 (Amendment No 30)

Schedule 1 Amendments

Schedule 1 Amendments

(Clause 4)

[1]      Clause 2 What are the aims and objectives of this Plan?

Insert at the end of clause 2 (2) (d):

, and

(e) to minimise the risk to human life and damage to property caused by natural hazards such as bush fire, land instability and flooding.

[2]      Clause 9 How does the development control table work?

Omit “housing for aged or disabled persons;” wherever occurring in item 3 of the matter relating to each of Zones 2A–2E, 3A–3G and 6C.

Insert in alphabetical order in each of those items “seniors housing;”.

[3]      Clause 9, Table

Insert “advertisements;” in alphabetical order in item 3 of the matter relating to each of Zones 2E and 4A.

[4]      Clause 10 Exempt and complying development

Omit clause 10 (1). Insert instead:

(1)

The following development is complying development, but only if it complies with the development standards set out in this Plan and in the development control plan entitled Complying Development (as adopted by the Council on 11 November 1999):

(a)	development on land within Zone 2A for the purposes of a dwelling-house,
(b)	development for the purposes of an internal fit-out of a building on land within Zone 3A, 3B, 3C, 3D, 3E, 3F, 3G or 4A,
(c)	development for the purposes of an internal fit-out of a building on land within any zone if the use of the building is an existing use.

[5]      Clause 12 Koala habitat

Insert at the end of the clause:

(2)

This provision does not apply to Coffs Harbour Airport land (that

is, land within Zone 5A (Aerodrome)).

2008 No 173

Coffs Harbour City Local Environmental Plan 2000 (Amendment No 30)

Amendments Schedule 1

[6]      Clause 21 Heritage

Omit “National Parks and Wildlife Service” wherever occurring in clause

21 (7) and the note to that subclause.

Insert instead “Department of Environment and Climate Change”.

[7]      Clause 23 Environmental hazards

Omit “Department of Land and Water Conservation” from clause 23 (4) (c).

Insert instead “Department of Water and Energy”.

[8]      Clause 23 (9)

Omit the subclause and its heading.

[9]      Clause 23A

Insert after clause 23:

23A Development on flood prone land

(1)

The objectives of this clause are:

(a)	to maintain the existing flood regime and flow conveyance capacity, and
(b)	to enable safe occupation of flood prone land, and
(c)	to avoid significant adverse impacts on flood behaviour, and
(d)	to avoid significant adverse effects on the floodplain environment that would cause avoidable erosion, saltation, destruction of riparian vegetation or a reduction in the stability of the river bank or watercourse, and
(e)	to limit uses to those compatible with flow conveyance function and flood hazard.

(2)

This clause applies to land shown as flood prone land on the

Flood Prone Land Map.

(3)

Development consent is required for the following development:

(a)	subdivision of land,
(b)	filling and earthworks,
(c)	the erection of a building,
(d)	the carrying out of a work,
(e)	flood mitigation works,

on land to which this clause applies.

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Coffs Harbour City Local Environmental Plan 2000 (Amendment No 30)

Schedule 1 Amendments

(4)

Consent required by subclause (3) must not be granted unless the

consent authority is satisfied that the development:

(a)	will not adversely affect flood behaviour resulting in detrimental increases in the potential flood affectation of other development or properties, and
(b)	will not significantly alter flow distributions and velocities to the detriment of other properties or the environment of the floodplain, and
(c)	will enable safe occupation of the flood prone land,
(d)	will not significantly detrimentally affect the floodplain environment or cause avoidable erosion, saltation, destruction of riparian vegetation or a reduction in the stability of the river bank or watercourse, and
(e)	will not be likely to result in unsustainable social and economic costs to the flood affected community or general community, as a consequence of flooding, and
(f)	is compatible with the flow conveyance function of the floodway, and
(g)	is compatible with the flood hazard within the floodway.

(5)

In this clause, Flood Prone Land Map means the map marked “Coffs Harbour City Local Environmental Plan—Flood Prone Land Map”.

[10]      Schedule 2 Exempt development

Insert after the last dot point in the matter relating to each of “FENCES (MASONRY OR BRICK)”, “FENCES (NON-BRICK)” and “RETAINING WALLS”:

• Does not restrict access to a water meter on the property.

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Coffs Harbour City Local Environmental Plan 2000 (Amendment No 30)

Amendments Schedule 1

[11]      Schedule 2

Insert after the matter relating to “RETAINING WALLS”:

ROADSIDE PRODUCE STALL • Maximum floor space area of 10m2, and

(in Zone 1A or 1B only)

to be located within, or immediately

adjacent to, the owner’s property.

• To be secured to prevent danger in high wind situations.

• Not to involve clearing of bushland within an environmental protection zone.

• Not to be located within a heritage conservation area.

• Not to be attached to a heritage item.

• Not to involve food preparation.

• Only primary products produced on the owner’s property to be sold.

• Not to obstruct pedestrian or traffic movement.

• Not to contravene requirements of the Roads Act 1993.

• Not to be located on, or involve access from, a classified road within the meaning of the Roads Act 1993.

• One sign, not exceeding 0.8m2 in area, may be displayed, but only if attached to the stall.

• Council to be notified of its erection.

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Coffs Harbour City Local Environmental Plan 2000 (Amendment No 30)

Schedule 1 Amendments

[12]      Schedule 2

Insert after the matter relating to “SOLAR WATER HEATERS”:

WASTE MANAGEMENT • Maximum area 10m2, and to be located

FACILITY (Roofed Bin Storage/

behind any building set-back line

Wash Area)

established by a development control

plan applying to the land.

• Roof water to be disposed of without causing nuisance to adjoining premises.

• Not to involve clearing of bushland within an environmental protection zone.

• Not to be located within a heritage conservation area.

• Not to be attached to a heritage item.

• Not to exceed one per property.

• Not to be located on vacant land.

• Not to discharge into the Council’s stormwater drainage system.

• Controls of the Waste Management

Comply with Bin Storage/Wash Area the Council on 20 April 2006.

• Not to be located on bush fire prone land.

• Council to be notified of its construction or installation.

[13]      Schedule 4 Classification and reclassification of public land as operational land

Insert in alphabetical order of street name under the heading “Boambee East” in Columns 1, 2 and 3, respectively:

Wombat Place Lot 521, DP 807140—Coffs Harbour Nil.

City Local Environmental Plan 2000

(Amendment No 30)

2008 No 173

Coffs Harbour City Local Environmental Plan 2000 (Amendment No 30)

Amendments Schedule 1

[14]      Schedule 4

Insert in alphabetical order of street name under the heading “Coffs Harbour” in Columns 1, 2 and 3, respectively:

Perry Drive, No 65 Lot 1, DP 810891—Coffs Harbour Easements (DP

City Local Environmental Plan 2000

251258 and DP

(Amendment No 30)

260357) and lease

(AC361509) as

noted on Certificate

of Title Folio

Identifier

1/810891.

[15]      Schedule 4

Insert in alphabetical order of locality in Columns 1, 2 and 3, respectively:

Corindi Beach

Jabiru Way Lot 58, DP 1059403—Coffs Harbour Covenant

City Local Environmental Plan 2000

(S929113) and

(Amendment No 30)

right of

carriageway

(P1059403) as

noted on

Certificate of Title

Folio Identifier

58/1059403.

Kangaroo Trail Road,	Lot 4, DP 806515—Coffs Harbour	Covenant
No 49	City Local Environmental Plan 2000	(R51207) as noted
(Amendment No 30)	on Certificate of Title Folio Identifier 4/806515.
Pacific Street	Lot 371, DP 1026829—Coffs Harbour	Nil.
City Local Environmental Plan 2000 (Amendment No 30)
Red Rock Road	Lot 1, DP 1021768—Coffs Harbour	Nil.
City Local Environmental Plan 2000 (Amendment No 30)

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Coffs Harbour City Local Environmental Plan 2000 (Amendment No 30)

Schedule 1 Amendments

Toormina

Belbowrie Road	So much of Lot 3, DP 595755 that	Right of
includes water reservoirs,	carriageway (DP
communications infrastructure and	595755), easement
existing access to those facilities—	(AA737119) and
Coffs Harbour City Local	lease (AC187642)
Environmental Plan 2000 (Amendment	as noted on
No 30)	Certificate of Title Folio Identifier 3/595755.
Upper Corindi
Sherwood Creek	Lot 3, DP 571626—Coffs Harbour	Nil.
Road, No 564	City Local Environmental Plan 2000 (Amendment No 30)
Woolgoolga
Turon Parade, No 71	Lot 6841, DP 810637—Coffs Harbour	Covenant
City Local Environmental Plan 2000	(S224747),
(Amendment No 30)	easements (DP 617943 and DP 1107658) and lease
(AC449283) as noted on Certificate of Title Folio Identifier 6841/810637.
Turon Parade, No 73	Lot 682, DP 618948—Coffs Harbour	Covenant
City Local Environmental Plan 2000	(S224747), right of
(Amendment No 30)	carriageway (DP 617943), lease (E480697) and easements (DP 1107658) as noted on Certificate of Title Folio Identifier 682/618948.
Lot 683, DP 703342—Coffs Harbour	Covenant
City Local Environmental Plan 2000	(S224747) and
(Amendment No 30)	lease (E480697) as noted on Certificate of Title Folio Identifier 683/703342.

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Coffs Harbour City Local Environmental Plan 2000 (Amendment No 30)

Amendments Schedule 1

[16]      Schedule 5 Heritage items

Omit “High Street” wherever occurring in the Table to the Schedule.

Insert instead “Harbour Drive”.

[17]      Dictionary

Omit the definition of housing for aged or disabled persons.

Insert in alphabetical order:

seniors means any of the following:

(a)	people aged 55 or more years,
(b)	people who are resident at a facility at which residential care (within the meaning of the Aged Care Act 1997 of the Commonwealth) is provided,
(c)	people who have been assessed as being eligible to occupy housing for aged persons provided by a social housing provider (within the meaning of State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004).

seniors housing means residential accommodation that consists

of:

(a)	a residential care facility, or
(b)	a hostel, or
(c)	a group of self-contained dwellings, or
(d)	a combination of these,

and that is, or is intended to be, used permanently for:

(e)	seniors or people who have a disability, or
(f)	people who live in the same household with seniors or people who have a disability, or
(g)	staff employed to assist in the administration of the residential accommodation or in the provision of services to persons living in the accommodation,

but does not include a hospital.

[18]      Dictionary, definition of “permanent group home”

Omit the definition. Insert instead:

permanent group home means a dwelling:

(a) used to provide a household environment for disabled persons or socially disadvantaged persons, whether those persons are related or not, and

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Coffs Harbour City Local Environmental Plan 2000 (Amendment No 30)

Schedule 1 Amendments

(b) occupied by the persons referred to in paragraph (a) as a single household, with or without paid or unpaid supervision or care and either with or without payment for board and lodging being required,

but does not include a building to which State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 applies or a transitional group home.

[19]      Dictionary, definition of “the map”

Insert in appropriate order:

Coffs Harbour City Local Environmental Plan 2000

(Amendment No 30)

[20]      Dictionary, definition of “transitional group home”

Omit the definition. Insert instead:

transitional group home means a dwelling:

(a)	used to provide temporary accommodation, for the purposes of relief or rehabilitation, for disabled persons or socially disadvantaged persons, whether those persons are related or not, and
(b)	occupied by the persons referred to in paragraph (a) as a single household, either with or without paid or unpaid supervision or care and either with or without payment for board and lodging being required,

but does not include a building to which State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 applies.

BY AUTHORITY