Fairfield Local Environmental Plan 1994 (Amendment No 98) (2004-288) [GG No 92 of 28.5.2004, p 3340] (NSW)
2004 No 288
| New South Wales |
Fairfield Local Environmental
Plan 1994 (Amendment No 98)
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. (P03/00604/S69)
DIANE BEAMER, M.P.,
Minister Assisting the Minister for Infrastructure
and Planning (Planning Administration)
| Published in Gazette No 92 of 28 May 2004, page 3340 | Page 1 |
| 2004 No 288 |
| Clause 1 | Fairfield Local Environmental Plan 1994 (Amendment No 98) |
Fairfield Local Environmental Plan 1994 (Amendment
No 98)
under the
Environmental Planning and Assessment Act 1979
1 Name of plan
This plan is Fairfield Local Environmental Plan 1994 (Amendment
No 98).
2 Aims of plan
The aims of this plan are:
| (a) | to provide for orderly development for the purpose of granny flats in Zone 2 (a) Residential A consistent with the objectives for that zone, and |
| (b) | to allow for discrete forms of granny flat development in connection with existing and new dwelling houses. |
3 Land to which plan applies
This plan applies to all land within the City of Fairfield situated within Zone No 2 (a) Residential A under Fairfield Local Environmental Plan 1994.
4 Amendment of Fairfield Local Environmental Plan 1994
Fairfield Local Environmental Plan 1994 is amended as set out in
Schedule 1.
2004 No 288
Fairfield Local Environmental Plan 1994 (Amendment No 98)
| Amendment | Schedule 1 |
| Schedule 1 Amendment |
(Clause 4)
Clause 22G
Insert after clause 22F:
| 22G | Granny flats in Zone 2 (a) | |||
|
| (a) | it is not proposed that the granny flat have a separate title from the dwelling to which it is subordinate (the principal dwelling), and |
| (b) | in the case of the erection of a new granny flat together with a new principal dwelling—the granny flat is proposed to be located under the same roof as the main part of the principal dwelling. |
| (3) | The Council must not grant consent under this clause that could result in there being more than one granny flat on an allotment of land. |
(4) Despite the other provisions of this plan, the following requirements apply to development for the purpose of a granny flat:
| (a) | the area of an allotment of land on which a granny flat is erected is to be at least 500 square metres (excluding the area of the access handle in the case of battleaxe allotments), |
| (b) | the total area of any impervious areas on the allotment on which a granny flat is erected, including the granny flat, is not to exceed 60% of the total area of the allotment, |
| (c) | the gross floor area of the granny flat is not to exceed 50 square metres, |
| (d) | the height of a detached granny flat is not to exceed 3.6 metres, as measured from natural ground level to the topmost point of the roof of the granny flat. |
2004 No 288
Fairfield Local Environmental Plan 1994 (Amendment No 98)
| Schedule 1 | Amendment |
| (5) | In this clause: |
| granny flat means a dwelling the use and occupation of which is connected and subordinate to another larger dwelling on the same allotment of land whether physically connected to the other dwelling or not. | |
| impervious area includes any area containing a building, parking area, driveway, swimming pool or paving. | |
| (6) | Subclause (2) (b) does not apply to a development application that was made, but not finally determined, before the commencement of Fairfield Local Environmental Plan 1994 (Amendment No 98). |
BY AUTHORITY
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