Holroyd Local Environmental Plan 1991 (Amendment No 49) (2005-696) [GG No 132 of 28.10.2005, p 9176] (NSW)

2005 No 696

New South Wales

Holroyd Local Environmental Plan

1991 (Amendment No 49)

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. (SRW0000075/S69)

FRANK SARTOR, M.P.,

Minister for Planning

Published in Gazette No 132 of 28 October 2005, page 9176	Page 1
2005 No 696

Clause 1 Holroyd Local Environmental Plan 1991 (Amendment No 49)

Holroyd Local Environmental Plan 1991 (Amendment

No 49)

under the

Environmental Planning and Assessment Act 1979

1      Name of plan

This plan is Holroyd Local Environmental Plan 1991 (Amendment

No 49).

2      Aims of plan

(1)

This plan aims to amend Holroyd Local Environmental Plan 1991 (the

1991 plan) so as:

(a)

to prohibit apartment buildings and mixed use development on land within Zone Nos 2 (a) (the Residential “A” Zone), 2 (c) (the Higher Density Residential Zone), 2 (d) (the Residential “D” Zone), 3 (a) (the Business General Zone), 3 (b) (the Neighbourhood Business Zone), 4 (a) (the Industrial General Zone), 4 (b) (the Industrial Light Zone) and 4 (c) (the Industrial Special Zone) under the 1991 plan, and

(b)

to clarify that while dwellings and residential flat buildings are prohibited on land within Zone Nos 3 (a), 3 (b), 4 (a), 4 (b) and 4 (c) under the 1991 plan:

(i)	a single dwelling or a residential flat building attached to or used in conjunction with a shop or commercial premises is permissible on land within Zone No 3 (a) or 3 (b), and
(ii)	a single dwelling or a residential flat building used in conjunction with an industry and situated on the same land as the industry is permissible on land within Zone No 4 (a), 4 (b) or 4 (c), and

(c)

to effect minor law revision.

(2) The aim referred to in subclause (1) (a) was intended to have been given effect by amendments to be included in a plan that has since been made, being Holroyd Local Environmental Plan 1991 (Amendment No 42).

2005 No 696

Holroyd Local Environmental Plan 1991 (Amendment No 49) Clause 3

3      Land to which plan applies

This plan applies to land situated in the City of Holroyd within Zone Nos 2 (a), 2 (c), 2 (d), 3 (a), 3 (b), 4 (a), 4 (b) and 4 (c) under Holroyd Local Environmental Plan 1991.

4 Amendment of Holroyd Local Environmental Plan 1991

Holroyd Local Environmental Plan 1991 is amended as set out in

Schedule 1.

2005 No 696

Holroyd Local Environmental Plan 1991 (Amendment No 49)

Schedule 1 Amendments

Schedule 1 Amendments

(Clause 4)

[1]      Clause 9 Zone objectives and development control table

Insert “apartment buildings;” and “mixed use development;” in alphabetical order in the Table to the clause in Item 4 of the matter relating to Zone Nos 2 (a), 2 (c), 2 (d), 3 (b), 4 (a), 4 (b) and 4 (c).

[2]      Clause 9, Table

Omit “Brothels;” from Item 4 of the matter relating to Zone No 3 (a).

Insert instead “Apartment buildings; brothels;”.

[3]      Clause 9, Table

Omit “dwellings and residential flat buildings (other than those attached to or used in conjunction with shops or commercial premises or otherwise permitted under clause 32);” from Item 4 of the matter relating to Zone No 3 (a).

Insert instead “dwellings (other than a single dwelling attached to or used in conjunction with shops or commercial premises);”.

[4]      Clause 9, Table

Insert “mixed use development;” in alphabetical order in Item 4 of the matter relating to Zone No 3 (a).

[5]      Clause 9, Table

Insert “residential flat buildings (other than a residential flat building attached to or used in conjunction with shops or commercial premises or otherwise permitted under clause 32);” in alphabetical order in Item 4 of the matter relating to Zone No 3 (a).

[6]      Clause 9, Table

Omit “dwellings and residential flat buildings (other than those attached to or used in conjunction with shops or commercial premises);” from Item 4 of the matter relating to Zone No 3 (b).

Insert instead “dwellings (other than a single dwelling attached to or used in conjunction with shops or commercial premises);”.

[7]      Clause 9, Table

Insert “residential flat buildings (other than a residential flat building attached to or used in conjunction with shops or commercial premises);” in alphabetical order in Item 4 of the matter relating to Zone No 3 (b).

2005 No 696

Holroyd Local Environmental Plan 1991 (Amendment No 49)

Amendments Schedule 1

[8]      Clause 9, Table

Omit “dwellings and residential flat buildings (other than those used in conjunction with industry and situated on land on which such industry is conducted);” from Item 4 of the matter relating to Zone No 4 (a).

Insert instead “dwellings (other than a single dwelling used in conjunction with an industry and situated on the same land as the industry);”.

[9]      Clause 9, Table

Insert “residential flat buildings (other than a residential flat building used in conjunction with an industry and situated on the same land as the industry);” in alphabetical order in Item 4 of the matter relating to Zone Nos 4 (a), 4 (b) and 4 (c).

[10]      Clause 9, Table

Omit “dwellings and residential flat buildings (other than those used in conjunction with industry and situated on the same land as the industry);” wherever occurring in Item 4 of the matter relating to Zone Nos 4 (b) and (4) (c).

Insert instead “dwellings (other than a single dwelling used in conjunction with an industry and situated on the same land as the industry);”.

[11]      Clause 10 Advertising of certain development applications

Omit “or a residential flat building” from clause 10 (1) (b).

Insert instead “, a residential flat building, an apartment building or a mixed use development”.

[12]      Clause 35 Development standards—floor space ratios

Omit “residential flat” from clause 35 (8).

BY AUTHORITY