Great Lakes Local Environmental Plan 1996 (Amendment No 55) (2008-370) Gazette No 100 of 22 August 2008, page 7921 (NSW)
2008 No 370
| New South Wales |
Great Lakes Local Environmental Plan
1996 (Amendment No 55)
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. (NEW0000372PC)
FRANK SARTOR, M.P.,
Minister for Planning
| Published in Gazette No 100 of 22 August 2008, page 7921 | Page 1 |
| 2008 No 370 |
| Clause 1 | Great Lakes Local Environmental Plan 1996 (Amendment No 55) |
Great Lakes Local Environmental Plan 1996
(Amendment No 55)
under the
Environmental Planning and Assessment Act 1979
1 Name of plan
This plan is Great Lakes Local Environmental Plan 1996 (Amendment
No 55).
2 Aims of plan
This plan aims:
| (a) | to give effect to the revised Development Control Plan No 28— Exempt and Complying Development, as adopted by Great Lakes Council on 13 May 2008, to enable minor development activities to be undertaken without the need to obtain development consent, and |
| (b) | to provide for an appropriate level of development assessment for certain small scale businesses and agricultural buildings. |
3 Land to which plan applies
This plan applies to all land to which Great Lakes Local Environmental
Plan 1996 applies.
4 Amendment of Great Lakes Local Environmental Plan 1996
Great Lakes Local Environmental Plan 1996 is amended as set out in
Schedule 1.
2008 No 370
Great Lakes Local Environmental Plan 1996 (Amendment No 55)
| Amendments | Schedule 1 |
| Schedule 1 | Amendments |
(Clause 4)
[1] Clause 8 Zone objectives and development control table
Insert “family day care homes;” and “home businesses;” in alphabetical order in item 3 of the matter relating to Zones Nos 1 (d), 1 (d1), 2 (a), 2 (b) and 2 (c).
[2] Clause 8, Development Control Table
Omit “; family day care homes; home occupations” from item 2 of the matter relating to Zone No 2 (f).
[3] Clause 14 Exempt and complying development
Omit “24 August 1999” from clause 14 (1). Insert instead “13 May 2008”.
[4] Clauses 14B and 14C
Insert after clause 14A:
|
To identify certain activities which require the consent of the
Council.
Buildings associated with agriculture
| (1) | Despite any other provision of this plan, a person must not erect a building, other than a fence or gate, for the purposes of agriculture on land within Zone No 1 (a) or 4 (a) except with development consent. |
(2) Nothing in subclause (1) prevents the carrying out of development that is exempt development or complying development under clause 14.
| 14C | Home occupation |
Despite any other provision of this plan, development for the purposes of a home occupation is permitted without development consent.
[5] Dictionary
Insert in alphabetical order:
family day care home means a dwelling used by a resident of the dwelling for the supervision and care of one or more children and that satisfies the following conditions:
2008 No 370
Great Lakes Local Environmental Plan 1996 (Amendment No 55)
| Schedule 1 | Amendments |
| (a) | the service is appropriately licensed under the Children and Young Persons (Care and Protection) Act 1998, |
| (b) | the number of children (including children related to the carer or licensee) does not at any one time exceed 7 children under the age of 12 years, including no more than 5 who do not ordinarily attend school. |
home business means a business carried on in a dwelling, or in a building ancillary to a dwelling, by one or more permanent residents of the dwelling that does not involve:
| (a) | the employment of more than 2 persons other than those residents, or |
| (b) | interference with the amenity of the neighbourhood by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, traffic generation or otherwise, or |
| (c) | the exposure to view, from any adjacent premises or from any public place, of any unsightly matter, or |
| (d) | the exhibition of any notice, advertisement or sign (other than a notice, advertisement or sign exhibited on that dwelling to indicate the name of the resident and the business carried on in the dwelling), or |
| (e) | the sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail, except for goods produced at the dwelling or building, or |
| (f) | the use of more than 50 square metres of floor area to carry on the business, |
but does not include a bed and breakfast establishment or the use of premises for the provision of sexual services in exchange for payment.
home occupation means an occupation carried on in a dwelling, or in a building ancillary to a dwelling, by one or more permanent residents of the dwelling that does not involve:
| (a) | the employment of persons other than those residents, or |
| (b) | interference with the amenity of the neighbourhood by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, traffic generation or otherwise, or |
| (c) | the display of goods, whether in a window or otherwise, or |
| (d) | the exhibition of any notice, advertisement or sign (other than a notice, advertisement or sign exhibited on that |
2008 No 370
Great Lakes Local Environmental Plan 1996 (Amendment No 55)
| Amendments | Schedule 1 |
dwelling to indicate the name of the resident and the
occupation carried on in the dwelling), or
| (e) | the sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail, |
but does not include a bed and breakfast establishment or the use of premises for the provision of sexual services in exchange for payment.
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