Fairfield Local Environmental Plan 2013 (Amendment No 33) (2020-526) LW 4 September 2020 (NSW)

New South Wales

Fairfield Local Environmental Plan 2013

(Amendment No 33)

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.

CATHERINE VAN LAEREN

As delegate for the Minister for Planning and Public Spaces

Fairfield Local Environmental Plan 2013 (Amendment No 33) [NSW]

Fairfield Local Environmental Plan 2013 (Amendment No 33)

under the

Environmental Planning and Assessment Act 1979

1      Name of Plan

This Plan is Fairfield Local Environmental Plan 2013 (Amendment No 33).

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 land to which Fairfield Local Environmental Plan 2013 applies, including certain land in Bonnyrigg and Edensor Park.

4      Maps

The maps adopted by Fairfield 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.

Fairfield Local Environmental Plan 2013 (Amendment No 33) [NSW] Schedule 1 Amendment of Fairfield Local Environmental Plan 2013

Schedule 1

Amendment of Fairfield Local Environmental

Plan 2013

[1]      Clause 1.3 Land to which Plan applies

Omit clause 1.3(1A).

[2]      Clause 1.8 Repeal of planning instruments applying to land

Insert at the end of clause 1.8(1)—

Note. The following local environmental plans are repealed under this provision—

Fairfield Local Environmental Plan 1994

[3]      Clause 1.8(2), note

Omit the note.

[4]      Land Use Table

Insert “Bonnyrigg,” before “Prairiewood” in item 1 of the matter relating to Zone B4 Mixed

Use.

[5]      Clause 4.3 Height of buildings

Insert “Bonnyrigg,” before “Cabramatta” in the note to clause 4.3(2).

[6]      Clause 4.4A Exceptions to maximum floor space ratio in Zone R4

Insert “Bonnyrigg,” before “Cabramatta” in clause 4.4A(1).

[7]      Clause 7.1 Objectives of Part

Insert “Bonnyrigg,” before “Cabramatta” in clause 7.1(1)(a).

[8]      Clause 7.11

Insert after clause 7.10—

7.11 Bonnyrigg—height of buildings

(1)

The objective of this clause is to allow development for the purposes of residential flat buildings and shop top housing to be built to the maximum permissible building height if certain circumstances are met.

(2)

This clause applies to development involving the erection of a new building or

external alterations to an existing building if—

(a)	the building is on land identified as “Bonnyrigg—Area 1” on the Town Centre Precinct Map, and
(b)	the development is for the purposes of residential flat buildings or shop top housing.

(3)

Despite clause 4.3, the height of a building to which this clause applies may exceed the maximum height shown for the land on the Height of Buildings Map if the height of the building does not exceed 27 metres.

(4)

Development consent must not be granted for development to which this clause applies unless the consent authority is satisfied that the development—

(a) contributes to an active street frontage along Bonnyrigg Avenue, Bonnyrigg, and

Fairfield Local Environmental Plan 2013 (Amendment No 33) [NSW] Schedule 1 Amendment of Fairfield Local Environmental Plan 2013

(b)	has a form and external appearance that will improve the quality and amenity of the public domain, such as new pedestrian connections and open space, and
(c)	is designed to be compatible with the desired future character of the area, and
(d)	promotes the appropriate sharing of view corridors, and
(e)	relates appropriately to surrounding heritage items, and
(f)	minimises environmental impacts such as overshadowing, wind and reflectivity, and
(g)	encourages the use of public transport, walking and cycling, and
(h)	achieves excellence in urban design while relating to the local context.

[9]      Schedule 1 Additional permitted uses

Insert at the end of the Schedule, with appropriate clause numbering—

Use of certain land at 661 and 673–683 Smithfield Road, Edensor Park

(1)

This clause applies to land identified as “25” on the Key Sites Map.

(2)

Development for the purpose of a residential flat building is permitted with

development consent.

Use of certain land at 1, 21 and 35 Bonnyrigg Avenue, Bonnyrigg

(1)

This clause applies to land identified as “26” on the Key Sites Map.

(2)

Development for the following purposes is permitted with development

consent—

(a)	a residential flat building,
(b)	a restaurant or cafe,
(c)	a small bar.

Use of certain land at 27 Bonnyrigg Avenue, Bonnyrigg

(1)

This clause applies to land identified as “27” on the Key Sites Map.

(2)

Development for the purposes of a restaurant or cafe and small bar is permitted

with development consent.

Use of certain land at 37 and 51 Bonnyrigg Avenue, Bonnyrigg

(1)

This clause applies to land identified as “28” on the Key Sites Map.

(2)

Development for the following purposes is permitted with development

consent if the development is located only on the ground floor—

(a)	business premises,
(b)	office premises,
(c)	a restaurant or cafe.

[10]      Schedule 5 Environmental heritage

Insert in appropriate order in Part 1—

Bonnyrigg	Temple	2–4 Bibbys Place	Lot 452, DP	Local	I107
747837

Fairfield Local Environmental Plan 2013 (Amendment No 33) [NSW] Schedule 1 Amendment of Fairfield Local Environmental Plan 2013

Bonnyrigg	Mosque	10–12 Bibbys Place	Lot 455, DP	Local	I106
807376
Bonnyrigg	Temple	68 Tarlington Parade	Lot 434, DP	Local	I105
701592

Edensor Park Temple 711–715 Smithfield Road Lot 4442, DP Local I104

748408