Hornsby Local Environmental Plan 1994 (Amendment No 77) (2003-278) [GG No 83 of 9.5.2003, p 4694] (NSW)

2003 No 278

New South Wales

Hornsby Shire Local Environmental

Plan 1994 (Amendment No 77)

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. (S02/01982/S69)

DIANE BEAMER, M.P.,

Minister Assisting the Minister for Infrastructure

and Planning (Planning Administration)

Published in Gazette No 83 of 9 May 2003, page 4694	Page 1
2003 No 278

Clause 1 Hornsby Shire Local Environmental Plan 1994 (Amendment No 77)

Hornsby Shire Local Environmental Plan 1994

(Amendment No 77)

under the

Environmental Planning and Assessment Act 1979

1      Name of plan

This plan is Hornsby Shire Local Environmental Plan 1994

(Amendment No 77).

2      Aims of plan

This plan aims:

(a)	to allow, with the consent of Hornsby Shire Council and subject to certain specified restrictions, the carrying out of development on the land referred to in clause 3 (1) for the purposes of playing fields, courts, a covered recreation area, a sports store, and ancillary buildings, each of which is to form part of the adjoining Pacific Hills Christian School, and
(b)	toallow,withtheconsentoftheCouncil,subdivision resulting in the creation of allotments of less than the minimum area that would otherwise apply under Hornsby Shire Local Environmental Plan 1994, being allotments comprising the land referred to in clause 3 (2), but only if eachsuch allotment has an area of not less than 8,000m2 and the

Council is satisfied that the subdivision is for the purpose of facilitating the development referred to in paragraph (a).

3      Land to which plan applies

(1) To the extent that this plan implements the aim referred to in clause 2 (a), it applies to the land shown edged heavy black on the map marked “Hornsby Shire Local Environmental Plan 1994 (Amendment No 77)” deposited in the office of Hornsby Shire Council.

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2003 No 278

Hornsby Shire Local Environmental Plan 1994 (Amendment No 77) Clause 4

(2) To the extent that this plan implements the aim referred to in clause 2 (b), it applies to the land shown edged heavy black on Diagram 3, being the Diagram inserted into Schedule BA to Hornsby Shire Local Environmental Plan 1994 by Schedule 1 [4] to this plan.

4 Amendment of Hornsby Shire Local Environmental Plan 1994

Hornsby Shire Local Environmental Plan 1994 is amended as set out in Schedule 1.

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2003 No 278

Hornsby Shire Local Environmental Plan 1994 (Amendment No 77)

Schedule 1 Amendments

Schedule 1 Amendments

(Clause 4)

[1]      Clause 14 Density

Insert after the Table to clause 14 (2):

Variations on minimum allotment size

(2A)	Regardless of subclause (2), the Council may consent to subdivision that results in the creation of allotments of less than the relevant minimum area specified in the Table to that subclause, being allotments that comprise the land shown edged heavy black in Diagram 3 in Schedule BA, but only if: (a) each such allotment has an area of not less than8,000m2, and
(b) theCouncilissatisfiedthatthesubdivisionwill facilitate development for the purposes of playing fields, courts, a covered recreation area, a sports store, and ancillary buildings on land shown edged heavy black on the map marked “Hornsby Shire Local Environmental Plan (Amendment No 77)”, each of which is to form part of the adjoining Pacific Hills Christian School.

[2]      Clause 22 Exceptions

Insert at the end of the Table to clause 22 (1) in columns 1, 2 and 3, respectively:

Part of Nos 7–7A	Part of Lot 11,	Development for the purposes
Quarry Road, and	DP 857463, and part of	of playing fields, courts, a
part of No 17 Quarry	Lots 14 and 15,	covered recreation area, a sports
Lane, Dural	DP 1009080, as shown	store, and ancillary buildings,

edged heavy black on the	each of which is to form part of
map marked “Hornsby	the adjoining Pacific Hills
Shire Local	Christian School, but only if the
Environmental Plan	Council is satisfied that:
(Amendment No 77)”.

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2003 No 278

Hornsby Shire Local Environmental Plan 1994 (Amendment No 77)

Amendments Schedule 1

(a)

School will at no time

(including after the

development has been

the total site area of the hectares, and

(b)

the total number of

students enrolled at the

School will at no time

exceed 1360.

[3]      Schedule BA

Omit “(Clause 14 (4A), 15 (3))”.

Insert instead “(Clauses 14 (2A), (4A) and (4B) and 15 (3))”.

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2003 No 278

Hornsby Shire Local Environmental Plan 1994 (Amendment No 77)

Schedule 1 Amendments

[4]      Schedule BA

Insert after Diagram 2:

Diagram 3

BY AUTHORITY

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