Hurstville Local Environmental Plan 2012 (Amendment No 3) (2015-378) LW 10 July 2015 (NSW)
| New South Wales |
Hurstville Local Environmental Plan 2012
(Amendment No 3)
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.
MARCUS RAY
As delegate for the Minister for Planning
Hurstville Local Environmental Plan 2012 (Amendment No 3)
under the
Environmental Planning and Assessment Act 1979
1 Name of Plan
This Plan is Hurstville Local Environmental Plan 2012 (Amendment No 3).
2 Commencement
This Plan commences 14 days after the day on which it is published on the NSW legislation website.
3 Land to which Plan applies
This Plan applies to certain land in Hurstville City Centre.
4 Maps
The maps adopted by Hurstville Local Environmental Plan 2012 are amended or replaced, as the case requires, by the maps approved by the Minister on the making of this Plan.
| Schedule 1 | Amendment of Hurstville Local Environmental Plan 2012 |
[1] Clause 1.2 Aims of Plan
| Omit “protect and conserve” from clause 1.2 (2) (d). Insert instead “conserve, protect and enhance”. |
[2] Clause 1.2 (2) (g)
Omit the paragraph. Insert instead:
| (g) | to ensure development is carried out in such a way as to promote the efficient and equitable provision of public services, infrastructure and community facilities, |
[3] Clause 1.2 (2) (j)
Omit “ecological sustainability”. Insert instead “ecologically sustainable development”.
[4] Clause 1.2 (2) (k)–(n)
Insert after clause 1.2 (2) (j):
| (k) | to strengthen the role of Hurstville City Centre as a major business, retail and cultural centre of southern Sydney, |
| (l) | to encourage a range of employment, services, housing and recreation to meet the needs of existing and future residents of the Hurstville City Centre, |
| (m) | to concentrate intensive land uses and trip-generating activities in locations most accessible to transport and centres, |
| (n) | to foster economic, environmental and social well being so that the Hurstville City Centre continues to develop as a sustainable and prosperous place to live, work and visit. |
[5] Clause 1.3 Land to which Plan applies
Insert at the end of the clause:
| (1A) | Despite subclause (1), this Plan does not apply to the land identified as “Deferred matter” on the Land Application Map. |
[6] Clause 1.8 Repeal of planning instruments applying to land
Omit the note. Insert instead:
Note. While Hurstville Local Environmental Plan 1994 no longer applies to the land to which this Plan applies, it will continue to apply to the land identified as “Deferred matter” under clause 1.3 (1A).
[7] Clause 2.1 Land use zones
Insert in appropriate order in the matter relating to Business Zones:
B3 Commercial Core
B4 Mixed Use
[8] Land Use Table
Insert after the matter relating to Zone B2 Local Centre:
Zone B3 Commercial Core
1 Objectives of zone
| • | To provide a wide range of retail, business, office, entertainment, community and other suitable land uses that serve the needs of the local and wider community. |
| • | To encourage appropriate employment opportunities in accessible locations. |
| • | To maximise public transport patronage and encourage walking and cycling. |
2 Permitted without consent
Nil
3 Permitted with consent
Child care centres; Commercial premises; Community facilities; Educational establishments; Entertainment facilities; Function centres; Hotel or motel accommodation; Information and education facilities; Medical centres; Passenger transport facilities; Recreation facilities (indoor); Registered clubs; Respite day care centres; Restricted premises; Roads; Any other development not specified in item 2 or 4
4 Prohibited
Agriculture; Air transport facilities; Airstrips; Amusement centres; Animal boarding or training establishments; Biosolids treatment facilities; Boat building and repair facilities; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Charter and tourism boating facilities; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Electricity generating works; Environmental facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Heavy industrial storage establishments; Helipads; Highway service centres; Home businesses; Home occupations; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Jetties; Marinas; Mooring pens; Moorings; Mortuaries; Open cut mining; Recreation facilities (major); Research stations; Residential accommodation; Resource recovery facilities; Rural industries; Service stations; Sewage treatment plants; Sex services premises; Storage premises; Telecommunications facilities; Tourist and visitor accommodation; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Veterinary hospitals; Warehouse or distribution centres; Waste or resource management facilities; Water recycling facilities; Water supply systems; Wharf or boating facilities; Wholesale supplies
Zone B4 Mixed Use
1 Objectives of zone
| • | To provide a mixture of compatible land uses. |
| • | To integrate suitable business, office, residential, retail and other development in accessible locations so as to maximise public transport patronage and encourage walking and cycling. |
| • | To allow for residential development in the Hurstville City Centre while maintaining active retail, business or other non-residential uses at street level. |
2 Permitted without consent
Nil
3 Permitted with consent
Boarding houses; Child care centres; Commercial premises; Community facilities; Dual occupancies; Educational establishments; Entertainment facilities; Function centres; Hostels; Hotel or motel accommodation; Information and education facilities; Medical centres; Multi dwelling housing; Passenger transport facilities; Recreation facilities (indoor); Registered clubs; Residential flat buildings; Respite day care centres; Restricted premises; Roads; Seniors housing; Shop top housing; Any other development not specified in item 2 or 4
4 Prohibited
Agriculture; Air transport facilities; Airstrips; Amusement centres; Animal boarding or training establishments; Biosolids treatment facilities; Boat building and repair facilities; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Charter and tourism boating facilities; Crematoria; Depots; Eco-tourist facilities; Electricity generating works; Environmental facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Heavy industrial storage establishments; Helipads; Highway service centres; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Jetties; Marinas; Mooring pens; Moorings; Mortuaries; Open cut mining; Recreation facilities (major); Research stations; Residential accommodation; Rural industries; Sewage treatment plants; Sex services premises; Storage premises; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Waste or resource management facilities; Water recycling facilities; Water supply systems; Wharf or boating facilities; Wholesale supplies
[9] Clause 4.3 Height of buildings
Insert after clause 4.3 (1) (d):
| (e) | to establish maximum building heights that achieve appropriate urban form consistent with the major centre status of the Hurstville City Centre, |
| (f) | to facilitate an appropriate transition between the existing character of areas or localities that are not undergoing, and are not likely to undergo, a substantial transformation, |
| (g) | to minimise adverse environmental effects on the use or enjoyment of adjoining properties and the public domain. |
[10] Clause 4.4 Floor space ratio
Insert after clause 4.4 (1) (e):
| (f) | to establish maximum floor space ratios that ensure the bulk and scale of development is compatible with the major centre status of the Hurstville City Centre. |
[11] Clause 4.6 Exceptions to development standards
Insert after clause 4.6 (8) (c):
| (ca) | clause 6.6. |
[12] Clause 5.3 Development near zone boundaries
Insert “Zone B3 Commercial Core, Zone B4 Mixed Use,” after “Zone B2 Local Centre,” in clause 5.3 (3) (a1).
[13] Clause 5.6 Architectural roof features
Insert after clause 5.6 (3):
| (3A) | This clause does not apply to land in Zone B3 Commercial Core or Zone B4 Mixed Use. |
[14] Clause 6.7 Essential services
Insert “road and” after “suitable” in clause 6.7 (e).
[15] Clause 6.9
Insert after clause 6.8:
|
| (1) | The objective of this clause is to protect airspace around airports. |
| (2) | The consent authority must not grant development consent to development that is a controlled activity within the meaning of Division 4 of Part 12 of the Airports Act 1996 of the Commonwealth unless the applicant has obtained approval for the controlled activity under regulations made for the purposes of that Division. |
| Note. Controlled activities include the construction or alteration of buildings or other structures that causes an intrusion into prescribed airspace (being generally airspace around airports). Controlled activities cannot be carried out without an approval granted under regulations made for the purposes of Division 4 of Part 12 of the Airports Act 1996 of the Commonwealth. |
[16] Schedule 5 Environmental heritage
Insert the following in appropriate order:
|
| Victorian terraces | DP 237059; Lot 34, DP 836363; Lot 1, DP 794227 |
| Hurstville | War Memorial | Forest Road | Local | I134 |
| Monument |
| Hurstville | Advance House | 127–137 Forest | Lots 2–9, Section | Local | I120 |
| (facade only) | Road | B, DP 2752 |
| Hurstville | Shop and residence 140–142 Forest | Lot 1, DP 82544 | Local | I121 |
Road
| Hurstville | St George | 144 Forest Road | Lot 2, DP 207467 | Local | I122 |
| Anglican Church | |||||
| Hurstville | Front facade of | 160 Forest Road | Lot 69, DP 1595 | Local | I123 |
| building |
| Hurstville | Shop and residence 166 Forest Road | Lot 1, DP 901305 | Local | I124 |
| Hurstville | HT Wills & Co. | 167–169 Forest | Lots 1 and 2, DP | Local | I125 |
| Road | 219375 | ||||
| Hurstville | John Fretus | 173a Forest Road | Lot 12, Section 1, | Local | I126 |
| Building | DP 3232 | ||||
| Hurstville | Wingello | 176 Forest Road | Lot 1, DP 901842 | Local | I127 |
| Hurstville | Shop and residence 178 Forest Road | Lot B, DP 392780 | Local | I128 |
| Hurstville | Glenvale Court | 183b Forest Road | Lots 10 and 11, DP | Local | I129 |
| 15996 | |||||
| Hurstville | Front facade of | 184 Forest Road | Lot 1, DP 974595 | Local | I130 |
| building | |||||
| Hurstville | Inter-war Art Deco | 185A Forest Road | Lot 1, DP 82309; | Local | I131 |
| building | Lots 1 and 2, DP 15996 | ||||
| Hurstville | Berkley building | 195–197 Forest | Lots A and B, DP | Local | I132 |
| Road | 411059 | ||||
| Hurstville | Electricity House | 213 Forest Road | Lot 1, DP 700214 | Local | I133 |
| building | |||||
| Hurstville | Old Propellor | 218 Forest Road | Lot 30, DP 7051 | Local | I135 |
| building |
| Hurstville | Meridian Hotel | 220–230 Forest | Lot 10, DP 852346 Local | I136 |
| Road |
| Hurstville | Soul Pattinson | 225 Forest Road | Lot 22, DP 10296 | Local | I137 |
| Building | |||||
| Hurstville | Rendered facade of | 232–242 Forest | Lot 5, DP 651591; | Local | I138 |
| building | Road | Lots 1–4, DP 17612 |
| Hurstville | Shop and residence 235 Forest Road | Lot 18, DP 10296; | Local | I139 |
| Lot 1, DP 82936 |
| Hurstville | Shop | 237 Forest Road | Lot 17, DP | Local | I140 |
| 455600; Lot 1, DP 83416 |
| Hurstville | Shop and residence 239 Forest Road | Lot 16, DP 10296; | Local | I141 |
| Lot 1, DP 81168; Lots 1 and 2, DP 327296 |
| Hurstville | Shop | 244 Forest Road | Lot Y, DP 403117 | Local | I142 |
| Hurstville | Rendered facade of | 248 Forest Road | Lot 7, DP 9115; | Local | I143 |
| building | Lot X, DP 403117 | ||||
| Hurstville | Front facade of | 255–257 Forest | Lots 7 and 8, DP | Local | I144 |
| building | Road | 10296 | |||
| Hurstville | Rendered facade of | 263–273 Forest | Lots C, D, E, F and | Local | I145 |
| building | Road | G, DP 304794; Lot 1, DP 611044 | |||
| Hurstville | Rendered facade of | 272 Forest Road | Lot 23, DP 4799 | Local | I146 |
| building | |||||
| Hurstville | Shops | 277–285 Forest | Lot B, DP 331187; | Local | I147 |
| Road | Lots A and B, DP 331185 | ||||
| Hurstville | Ritchie House | 289–291 Forest | Lot 4, DP 331186 | Local | I148 |
| Road | |||||
| Hurstville | Rendered facade of | 307 Forest Road | Lots E and D, DP | Local | I149 |
| building | 17670 |
| Hurstville | Hurstville Railway | Between 309 and | Lot 1, DP 1157208 Local | I150 |
| Substation | 309A Forest Road | |||
| Hurstville | Centennial Bakery | 319–321 Forest | Lot 40, DP 746355 Local | I151 |
| Road |
| Hurstville | Rendered facade of | 338–340 Forest | Lot 1, DP 517273; | Local | I152 |
| building | Road | Lot 1, DP 502856 | |||
| Hurstville | Rendered facade of | 342–344 Forest | Lots A and B, DP | Local | I153 |
| building | Road | 168743 | |||
| Hurstville | Hurstville Hotel | 350 Forest Road | Lots L, M, N and | Local | I154 |
| O, DP 27426; Lots C, D and E, DP 168743 | |||||
| Hurstville | Belmontes Pizza | 372 Forest Road | Lot A, DP 399606 | Local | I155 |
| Shop | |||||
| Hurstville | Presbyterian | 1 MacMahon | Lots 26–28, | Local | I156 |
| Church | Street | Section A, DP 1297; Lot 67, DP 7051 | |||
| Hurstville | Hurstville City | 14 MacMahon | Lot 201, DP | Local | I157 |
| Museum and | Street | 831931 | |||
| Gallery | |||||
| Hurstville | Friendly Societies’ | 17 MacMahon | Lot 2, SP 58631; | Local | I158 |
| Dispensary | Street | Lots 70 and 71, SP | |||
| Building | 72896 | ||||
| Hurstville | Fire Station | 27 MacMahon | Lot 78, SP 58395 | Local | I159 |
| Street | |||||
| Hurstville | Federation house | 12 The Avenue | Lot 195, DP 1595 | Local | I160 |
| Hurstville | Lorne | 18 The Avenue | Lot 192, DP 1595 | Local | I161 |
| Hurstville | Hurstville City | 20–22 The Avenue Lots 190 and 191, | Local | I162 |
| Uniting Church | DP 1595 |
| Hurstville | Commercial | 18 Treacy Street | Lot 2, Section 1, | Local | I163 |
| building | DP 3232 |
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