Hornsby Shire Local Environmental Plan 1994 (Amendment No 82) (2006-102) [GG No 32 of 10.3.2006, p 1214] (NSW)

2006 No 102

New South Wales

Hornsby Shire Local Environmental

Plan 1994 (Amendment No 82)

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. (S03/00796/S69)

FRANK SARTOR, M.P.,

Minister for Planning

Published in Gazette No 32 of 10 March 2006, page 1214	Page 1
2006 No 102

Clause 1 Hornsby Shire Local Environmental Plan 1994 (Amendment No 82)

Hornsby Shire Local Environmental Plan 1994

(Amendment No 82)

under the

Environmental Planning and Assessment Act 1979

1      Name of plan

This plan is Hornsby Shire Local Environmental Plan 1994

(Amendment No 82).

2      Aims of plan

This plan aims to amend Hornsby Shire Local Environmental Plan 1994

(the 1994 plan):

(a)	to limit the scale and intensity of multi-unit housing development on the land known as the Turner Road Commercial Centre, Berowra Heights, and
(b)	to put beyond doubt that text that accompanies a Diagram in a Schedule to the 1994 plan forms part of that plan, and
(c)	to revise the text to certain diagrams in Schedule B to the 1994 plan to maintain the overall intent for the provisions applying to all diagrams in that Schedule.

3      Land to which plan applies

(1)

In respect of the aim referred to in clause 2 (a), this plan applies to land known as the Turner Road Commercial Centre, Berowra Heights, as shown edged heavy black on the map marked “Hornsby Shire Local Environmental Plan 1994 (Amendment No 82)” deposited in the office of Hornsby Shire Council.

(2)

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

to all land under 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 102

Hornsby Shire Local Environmental Plan 1994 (Amendment No 82)

Amendments Schedule 1

Schedule 1 Amendments

(Clause 4)

[1]      Clause 15 Floorspace ratio

Omit clause 15 (2). Insert instead:

(2) In relation to land shown edged heavy black on a Diagram in Schedule B, subclause (1) is subject to the provisions of Schedule B that apply to that land.

[2]      Clause 23 Dictionary

Insert after clause 23 (2):

(3)

Text that accompanies a Diagram in a Schedule to this plan forms

part of this plan.

[3]      Schedule B

Omit “that results in a floorspace ratio of not more than 1.5:1” from the text supporting Diagram 6.

Insert instead “that exceeds a floorspace ratio of 1:1 but does not result in a floorspace ratio of more than 1.5:1”.

[4]      Schedule B

Omit “that results in a floorspace ratio of not more than 1:1” from the text supporting Diagram 7.

Insert instead “that exceeds a floorspace ratio of 0.5:1 but does not result in a floorspace ratio of more than 1:1”.

[5]      Schedule B

Omit “that results in a floorspace ratio of not more than 1.5:1” from the text supporting Diagram 17.

Insert instead “that exceeds a floorspace ratio of 1:1 but does not result in a floorspace ratio of more than 1.5:1”.

[6]      Schedule B

Omit “that results in a floorspace ratio of not more than 0.82:1” from the text supporting Diagram 18.

Insert instead “that exceeds a floorspace ratio of 0.5:1 but does not result in a floorspace ratio of more than 0.82:1”.

2006 No 102

Hornsby Shire Local Environmental Plan 1994 (Amendment No 82)

Schedule 1 Amendments

[7]      Schedule B

Omit “that results in a floorspace ratio of not more than 0.6:1” from the text supporting Diagram 19.

Insert instead “that exceeds a floorspace ratio of 0.4:1 but does not result in a floorspace ratio of more than 0.6:1”.

[8]      Schedule B

Insert in appropriate order:

Diagram 21

The floorspace ratio in respect of land shown edged heavy black on Diagram 21

must not exceed:

(a) for development that consists solely of multi-unit housing—0.6:1, and

2006 No 102

Hornsby Shire Local Environmental Plan 1994 (Amendment No 82)

Amendments Schedule 1

(b)

for development that consists partly of multi-unit housing and partly of other development:

(i)	1:1 for the development as a whole, and
(ii)	0.6:1 for such part of the development as comprises multi-unit housing, and

(c)

for any other development—1:1.

Such development is permissible, subject to the Council taking into consideration the matters of height, scale, setbacks, streetscape, pedestrian and vehicular access as they relate to the development site.

BY AUTHORITY