Great Lakes Local Environmental Plan 1996 (Amendment No 56) (2008-636) Gazette No 158 of 19 December 2008, page 12760 (NSW)

2008 No 636

New South Wales

Great Lakes Local Environmental Plan

1996 (Amendment No 56)

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. (NEW0004766)

KRISTINA KENEALLY, M.P.,

Minister for Planning

Published in Gazette No 158 of 19 December 2008, page 12760	Page 1
2008 No 636

Clause 1 Great Lakes Local Environmental Plan 1996 (Amendment No 56)

Great Lakes Local Environmental Plan 1996

(Amendment No 56)

under the

Environmental Planning and Assessment Act 1979

1      Name of plan

This plan is Great Lakes Local Environmental Plan 1996 (Amendment

No 56).

2      Aims of plan

This plan aims to amend Great Lakes Local Environmental Plan 1996:

(a)	to make minor changes to various zoning controls, special provisions and definitions, and
(b)	to rezone certain land and rectify mapping anomalies, and
(c)	to introduce a new zone, namely, Zone B6 Enterprise Corridor, and
(d)	to rezone certain land to the new zone.

3      Land to which plan applies

(1)

In respect of the aims referred to in clause 2 (a) and (c), this plan applies

to all land situated in the local government area of Great Lakes.

(2)

In respect of the aim referred to in clause 2 (b), this plan applies to certain land as shown edged heavy black on Sheets 1–3 and 5–36 of the map marked “Great Lakes Local Environmental Plan 1996 (Amendment No 56)” deposited in the office of Great Lakes Council.

(3)

In respect of the aim referred to in clause 2 (d), this plan applies to

certain land as shown edged heavy black on Sheet 4 of that map.

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 636

Great Lakes Local Environmental Plan 1996 (Amendment No 56)

Amendments Schedule 1

Schedule 1 Amendments

(Clause 4)

[1]      Clause 7 What zones apply in this plan?

Insert after the matter relating to Zone No 3 (d) (Special Business Waterfront

Zone):

Zone B6 Enterprise Corridor

[2]      Clause 8 Zone objectives and development control table

Omit “bulky goods salesrooms or showrooms;” from item 4 (What is prohibited?) of the matter relating to Zones No 1 (a), 1 (c), 2 (f) and 7 (c) in the development control table.

Insert instead “bulky goods premises;”.

[3]      Clause 8, development control table

Omit “; dwelling-houses” from item 2 (What is permitted without development consent?) of the matter relating to Zones No 1 (d), 2, 2 (a), 2 (b), 2 (c) and 2 (f).

[4]      Clause 8, development control table

Insert “dwelling-houses;” in alphabetical order in item 3 (What is permitted only with development consent?) of the matter relating to Zones No 1 (d), 2 (a), 2 (b) and 2 (c).

[5]      Clause 8, development control table

Omit “Any development not included in Item 2 or 4” from item 3 (What is permitted only with development consent?) of the matter relating to Zones No 2 and 2 (f).

Insert instead:

Development for the purpose of:

dwelling-houses; any other development not included in Item 2

or 4.

[6]      Clause 8, development control table

Omit “utility installations.” from item 3 (What is permitted only with development consent?) of the matter relating to Zone No 2 (b).

Insert instead “utility installations; veterinary hospitals.”.

2008 No 636

Great Lakes Local Environmental Plan 1996 (Amendment No 56)

Schedule 1 Amendments

[7]      Clause 8, development control table

Omit “bulky goods salesrooms or showrooms;” from item 3 (What is permitted only with development consent?) of the matter relating to Zone No 3 (d).

Insert instead “bulky goods premises;”.

[8]      Clause 8, development control table

Insert after the matter relating to Zone No 3 (d) (Special Business Waterfront

Zone):

Zone B6 Enterprise Corridor

1      What are the objectives of the zone?

The objectives of the zone are:

(a)	to promote businesses along main roads and to encourage a mix of compatible uses, and
(b)	to provide a range of employment uses (including business, office, retail and light industrial uses) and residential uses (but only as part of a mixed use development), and
(c)	to maintain the economic strength of centres by limiting retailing activity, and
(d)	to facilitate the establishment of bulky goods premises which do not adversely impact upon adjoining residential development and are unlikely to prejudice the viability of established commercial and industrial centres.

2      What is permitted without development consent?

Development for the purpose of:

roads.

3      What is permitted only with development consent?

Development for the purpose of:

bulky goods premises; business premises; community

facilities; hotel or motel accommodation; landscape and

garden supplies; light industries; multi dwelling housing;

office premises; passenger transport facilities; retail

premises; timber and building supplies; warehouse or

distribution centres.

2008 No 636

Great Lakes Local Environmental Plan 1996 (Amendment No 56)

Amendments Schedule 1

4      What is prohibited?

Any development not included in Item 2 or 3.

[9]      Clause 8, development control table

Omit paragraph (c) from item 1 (What are the objectives of the zone?) of the matter relating to Zone No 6 (a).

Insert instead:

(c)	does not have an unacceptable impact on the amenity of adjoining areas, and
(d)	has been identified in a plan of management for the land adopted by the Council under Part 2 of Chapter 6 of the Local Government Act 1993.

[10]      Clause 8, development control table

Insert “environmental facilities;” in alphabetical order in item 3 (What is permitted only with development consent?) of the matter relating to Zones No 6 (a), 7 (b), 7 (f1) and 7 (f2).

[11]      Clause 8, development control table

Insert “restaurants;” in alphabetical order in item 3 (What is permitted only with development consent?) of the matter relating to Zone No 6 (a).

[12]      Clause 15A

Omit the clause. Insert instead:

15A Bushfire hazard reduction

Bush fire hazard reduction work authorised by the Rural Fires

Act 1997 may be carried out on any land without consent.

Note. The Rural Fires Act 1997 also makes provision relating to the carrying out of development on bush fire prone land.

[13]      Clause 18

Omit the clause. Insert instead:

18 Multiple dwellings in rural zones

Objective of Provision

To enable the erection of 2 attached dwellings on rural properties where the erection of a dwelling is permissible with development consent.

2008 No 636

Great Lakes Local Environmental Plan 1996 (Amendment No 56)

Schedule 1 Amendments

Multiple dwellings in rural areas

(1)

Despite any other provision of this plan, a person may, with the consent of the Council, on land within Zone No 1 (a), 1 (d), 7 (b) or 7 (c):

(a)	alter or add to an existing dwelling-house that has been lawfully erected on an allotment so as to create 2 attached dwellings, or
(b)	erect 2 attached dwellings on an allotment where the erection of a dwelling is permissible with development consent in accordance with clause 19 of this Plan.

(2)

The Council must not grant consent referred to in subclause (1) unless it is satisfied that not more than 2 dwellings will be situated on the allotment after the development has been carried out.

[14]      Clause 37

Insert after clause 36:

37 Land reserved or dedicated under the National Parks and Wildlife Act 1974

Despite the other provisions of this plan, any development authorised by the National Parks and Wildlife Act 1974 (and any development ordinarily ancillary or incidental to that development) may be carried out, without development consent, on that land to which this plan applies that is reserved or dedicated under that Act.

[15]      Dictionary, definition of “Agriculture”

Omit the definition. Insert instead:

Agriculture means any of the following:

(a)	animal boarding or training establishments,
(b)	aquaculture,
(c)	cotton cultivation,
(d)	extensive agriculture,
(e)	farm forestry,
(f)	horticulture,
(g)	intensive livestock agriculture,
(h)	rice cultivation,

2008 No 636

Great Lakes Local Environmental Plan 1996 (Amendment No 56)

Amendments Schedule 1

(i)      turf farming,

(j) viticulture.

[16]      Dictionary

Omit the definition of Bulky goods salesroom or showroom from the

Dictionary.

Insert instead in alphabetical order:

Bulky goods premises means a building or place used primarily for the sale by retail, wholesale or auction of (or for the hire or display of) bulky goods, being goods that are of such size or weight as to require:

(a)	a large area for handling, display or storage, or
(b)	direct vehicular access to the site of the building or place by members of the public for the purpose of loading and unloading such goods into or from their vehicles after purchase or hire,

but does not include a building or place used for the sale of foodstuffs or clothing unless their sale is ancillary to the sale or hire or display of bulky goods.

BY AUTHORITY