Hornsby Shire Local Environmental Plan 1994 (Amendment No 78) (2006-474) [GG No 103 of 18.8.2006, p 6457] (NSW)
2006 No 474
| New South Wales |
Hornsby Shire Local Environmental
Plan 1994 (Amendment No 78)
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. (S01/00250/S69)
FRANK SARTOR, M.P.,
Minister for Planning
| Published in Gazette No 103 of 18 August 2006, page 6457 | Page 1 |
| 2006 No 474 |
| Clause 1 | Hornsby Shire Local Environmental Plan 1994 (Amendment No 78) |
Hornsby Shire Local Environmental Plan 1994
(Amendment No 78)
under the
Environmental Planning and Assessment Act 1979
1 Name of plan
This plan is Hornsby Shire Local Environmental Plan 1994
(Amendment No 78).
2 Aims of plan
This plan aims to amend Hornsby Shire Local Environmental
Plan 1994:
| (a) | to amend the floorspace ratio provisions relevant to the Hornsby Town Centre, and |
| (b) | to promote commercial development in the Hornsby Town Centre, and |
| (c) | to rezone certain land in and surrounding the Hornsby Town Centre to partly Residential D (High Density), partly Business F (Town Centre) and partly Industrial B (Light) zones. |
3 Land to which plan applies
This plan applies:
| (a) | in relation to the amendment made by Schedule 1 [2], to land bounded by the Main Northern Railway, Pretoria Parade, the Pacific Highway and Government Road, Hornsby, as shown edged heavy black on the map marked “Hornsby Shire Local Environmental Plan 1994 (Amendment No 36)” deposited in the office of Hornsby Shire Council, and | |
| (b) | in relation to the amendment made by Schedule 1 [3]: | |
|
2006 No 474
| Hornsby Shire Local Environmental Plan 1994 (Amendment No 78) | Clause 4 |
(ii) to Lot 2, DP 584634, Lots 3 and 4, DP 591823, Lot 2, DP 598268, Lot 1, DP 623263, Lot 2, DP 570371, Lot 1, DP 552773, Lot 1, DP 550272 and Lot 2, DP 579617, known as 63, 65–67, 69, 71–73, 75, 77, 79–81 and 81A Hunter Street, Hornsby, and
| (c) | in relation to the amendments made by Schedule 1 [1] and [4], to all land to which Hornsby Shire Local Environmental Plan 1994 applies, and |
| (d) | in relation to the amendment made by Schedule 1 [5], to land shown distinctively coloured and edged on Sheet 2 of the map marked “Hornsby Shire Local Environmental Plan 1994 (Amendment No 78)” deposited in the office of Hornsby Shire Council, and |
| (e) | in relation to the amendment made by Schedule 1 [6], to land shown edged heavy black on the diagrams identified as “Diagram 10” and “Diagram 11” appearing in Schedule 1 [6], and |
| (f) | in relation to the amendment made by Schedule 1 [7], to land shown edged heavy black on the diagram identified as “Diagram 15” appearing in Schedule B to Hornsby Shire Local Environmental Plan 1994. |
4 Amendment of Hornsby Shire Local Environmental Plan 1994
Hornsby Shire Local Environmental Plan 1994 is amended as set out in
Schedule 1.
2006 No 474
Hornsby Shire Local Environmental Plan 1994 (Amendment No 78)
| Schedule 1 | Amendments |
| Schedule 1 | Amendments |
(Clause 4)
[1] Clause 6 Savings
Insert after clause 6 (5):
| (6) | A development application lodged, but not finally determined, before the commencement of Hornsby Shire Local Environmental Plan 1994 (Amendment No 78) is to be determined as if that plan had been exhibited but had not been made. |
[2] Clause 22 Exceptions
Omit “Business premises; office premises; restaurants; shops located on the ground floor” under the heading “Permitted Land Use or Other Development” from the Table to clause 22 (1) in the matter relating to the land bounded by the Main Northern Railway, Pretoria Parade, Pacific Highway and Government Road, Hornsby.
Insert instead “Use of ground floor premises for business premises; office premises; restaurants; shops”.
[3] Clause 22 (1), Table
Insert at the end of the Table in Columns 1, 2 and 3, respectively:
|
| coloured and edged on | premises; office premises; |
| Sheet 2 of the map | restaurants; shops. |
| marked “Hornsby Shire Local Environmental Plan 1994 (Amendment No 78)” |
| The land bounded by | Land shown edged heavy | Use of ground floor |
| Thomas, Romsey and | black on Sheet 1 of the | premises for business |
| Leonard Streets, Waitara | map marked “Hornsby | premises; office premises; |
| Shire Local | restaurants; shops. | |
| Environmental Plan 1994 (Amendment No 78)” |
2006 No 474
Hornsby Shire Local Environmental Plan 1994 (Amendment No 78)
| Amendments | Schedule 1 |
| 63, 65-67, 69, 71–73, 75, | Lot 2, DP 584634 | Development authorised by |
| 77, 79–81 and 81A Hunter | Lots 3 and 4, DP 591823 | a development consent in |
| Street, Hornsby | force immediately before | |
| Lot 2, DP 598268 | the commencement of | |
| Lot 1, DP 623263 | Hornsby Shire Local | |
| Lot 2, DP 570371 | Environmental Plan 1994 (Amendment No 78), being a | |
| Lot 1, DP 552773 | development consent that is | |
| Lot 1, DP 550272 | still in force. | |
| Lot 2, DP 579617 |
[4] Clause 23 Dictionary
Insert after paragraph (c) in the definition of gross floor area in clause 23 (1):
| (c1) | car parking provided for the community by a public authority, and |
[5] Clause 23 (1), definition of “the map”
Insert in appropriate order:
Hornsby Shire Local Environmental Plan 1994 (Amendment
No 78)—Sheet 2
[6] Schedule B
Omit Diagrams 10–12, the text supporting diagram 10 and the matter relating to Land described in diagram 11 and Land described in diagram 12.
Insert instead:
2006 No 474
Hornsby Shire Local Environmental Plan 1994 (Amendment No 78)
| Schedule 1 | Amendments |
Diagram 10
1 In respect of the land marked “1” and shown edged heavy black on Diagram 10, the Council may consent to development that results in a floorspace ratio that exceeds 2:1, but does not exceed 5:1, if the gross floor area that results in a floorspace ratio in excess of 2:1 is used, or is
2006 No 474
Hornsby Shire Local Environmental Plan 1994 (Amendment No 78)
| Amendments | Schedule 1 |
proposed to be used, exclusively for the purpose of employment
generating development.
2 In respect of the land marked “2” and shown edged heavy black on Diagram 10, the Council may consent to development that results in a floorspace ratio that exceeds 2:1, but does not exceed 3:1, if the gross floor area that results in a floorspace ratio in excess of 2:1 is used, or is proposed to be used, exclusively for the purpose of employment generating development.
3 In respect of the land marked “3” and shown edged heavy black on Diagram 10, the Council may consent to development that results in a floorspace ratio that exceeds 1:1, but does not exceed 5:1, if the gross floor area that results in a floorspace ratio in excess of 1:1 is used, or is proposed to be used, exclusively for the purpose of employment generating development.
Diagram 11
2006 No 474
Hornsby Shire Local Environmental Plan 1994 (Amendment No 78)
| Schedule 1 | Amendments |
The Council may consent to development that results in a floorspace ratio greater than 1.6:1 in respect of the land shown edged heavy black on Diagram 11 if the gross floor area that results in a floorspace ratio in excess of 1.6:1 is used, or is proposed to be used, exclusively for the purpose of multi-unit housing and if the total floorspace ratio for the development does not exceed 4:1.
[7] Schedule B, under the heading “Land described in diagram 15”
| Omit “approve a floorspace ratio” wherever occurring. Insert instead “consent to development that results in a floorspace ratio”. |
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