Hawkesbury Local Environmental Plan 1989 (Amendment No 140) (2004-289) [GG No 92 of 28.5.2004, p 3344] (NSW)

2004 No 289

New South Wales

Hawkesbury Local Environmental Plan

1989 (Amendment No 140)

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. (P02/00423/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 3344	Page 1
2004 No 289

Clause 1 Hawkesbury Local Environmental Plan 1989 (Amendment No 140)

Hawkesbury Local Environmental Plan 1989

(Amendment No 140)

under the

Environmental Planning and Assessment Act 1979

1      Name of plan

This plan is Hawkesbury Local Environmental Plan 1989

(Amendment No 140).

2      Aims of plan

This plan aims:

(a)

to rezone part of the land to which this plan applies from Zone No 3 (b) (Business Special) to Zone No 2 (a) (Residential “A”) under Hawkesbury Local Environmental Plan 1989, and

(b)

to rezone part of the land to which this plan applies from Zone No 3 (b) (Business Special) to Zone No 3 (a) (Business General) under that plan, and

(c)

to rezone part of the land to which this plan applies from Zone No 3 (b) (Business Special) to Zone No 4 (b) (Industry Light) under that plan, and

(d)

to allow, with the consent of Hawkesbury City Council, a limited range of service shops on land within Zone No 4 (a) (Industry General) and Zone No 4 (b) (Industry Light) under that plan, and

(e)

to allow, without the consent of Hawkesbury City Council:

(i)	development for the purposes of certain commercial premises and shops on land within Zone No 3 (b) (Business Special) under that plan, and
(ii)	recreation areas on land classified as community land in the City of Hawkesbury.

3      Land to which plan applies

(1) To the extent that this plan rezones land to Zone No 2 (Residential “A”), it applies to Lot 1, DP 1012497, 63 Bells Line of Road, North Richmond, as shown distinctly coloured and lettered “2 (a)” on

2004 No 289

Hawkesbury Local Environmental Plan 1989 (Amendment No 140) Clause 4

Sheet 1 of the map marked “Hawkesbury Local Environmental Plan 1989 (Amendment No 140)” deposited in the office of Hawkesbury City Council.

(2)

To the extent that this plan rezones land to Zone No 3 (a) (Business

General), it applies to:

(a)	Part Lot 2 DP 624109, 1349 Bells Line of Road, Kurrajong Heights, as shown distinctly coloured and lettered “3 (a)” on Sheet 2 of that map, and
(b)	Lot 20, DP 832826, 9 Bells Line of Road, and Lot 21, DP 832826, 13 Bells Line of Road, North Richmond, as shown distinctly coloured and lettered “3 (a)” on Sheet 3 of that map, and
(c)	certain land, being land located in Windsor and Richmond, as shown distinctly coloured and lettered “3 (a)” on Sheets 4 and 5 of that map, and
(d)	certain land, being land located in South Windsor, as shown distinctly coloured and lettered “3 (a)” on Sheet 6 of that map.

(3)

To the extent that this plan rezones land to Zone No 4 (b) (Industry Light), it applies to certain land, being land located on Windsor Road, between Groves Avenue and Park Road South, Mulgrave, as shown distinctly coloured and lettered “4 (b)” on Sheet 7 of that map.

(4)

To the extent that this plan allows the carrying out of development for a limited range of service shops, it applies to all land in Zone No 4 (a) (Industry General) and Zone No 4 (b) (Industry Light) under Hawkesbury Local Environmental Plan 1989.

(5)

To the extent that this plan allows the carrying out of development for the purposes of certain commercial premises and shops, it applies to all land in Zone No 3 (b) (Business Special) under Hawkesbury Local Environmental Plan 1989.

(6)

To the extent that this plan allows the carrying out of development for recreation areas, it applies to all land within the City of Hawkesbury that is classified as community land under the Local Government Act 1993.

4 Amendment of Hawkesbury Local Environmental Plan 1989

Hawkesbury Local Environmental Plan 1989 is amended as set out in Schedule 1.

2004 No 289

Hawkesbury Local Environmental Plan 1989 (Amendment No 140)

Schedule 1 Amendments

Schedule 1 Amendments

(Clause 4)

[1]      Clause 5 Definitions

Insert at the end of the definition of the map in clause 5 (1):

Hawkesbury Local Environmental Plan 1989 (Amendment

No 140)

[2]      Clauses 51, 52 and 53

Insert after clause 50:

51 Service shops in industrial zones

(1)	Despite the other provisions of this plan, development may be carried out, with the consent of the Council, on land within Zone No 4 (a) or 4 (b) for the purpose of service shops that are primarily intended to serve people employed or engaged in activities that are permitted in either of those zones.
(2)	In this clause, service shops means banks, chemist shops, dry- cleaning establishments, hairdressing salons, newsagencies, photographic outlets, post offices and takeaway food outlets.

52      Development for the purpose of certain commercial premises or shops on land within Zone No 3 (b)

(1)	This clause applies to land within Zone No 3 (b).
(2)	Despite the other provisions of this plan, a person may, without the consent of the Council, carry out development for the purposes of business special commercial premises or business special shops on the land to which this clause applies.
(3)	In this clause:

business special commercial premises means commercial premises with a gross floor area of 1,000 square metres or less.

business special shop means a shop with a gross floor area of

200 square metres or less.

gross floor area does not include any public amenities, public

parking or loading areas.

2004 No 289

Hawkesbury Local Environmental Plan 1989 (Amendment No 140)

Amendments Schedule 1

53      Recreation areas on land classified as community land

Development for the purpose of recreation areas may be carried out, in accordance with the plan of management applying to the land and without consent of the Council, on land classified as community land under the Local Government Act 1993.

BY AUTHORITY