Ku-ring-gai Local Environmental Plan 2015 (Amendment No 5) (2015-650) LW 23 October 2015 (NSW)

New South Wales

Ku-ring-gai Local Environmental Plan 2015

(Amendment No 5)

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.

SIMON MANOSKI

As delegate for the Minister for Planning

Ku-ring-gai Local Environmental Plan 2015 (Amendment No 5) [NSW]

Ku-ring-gai Local Environmental Plan 2015 (Amendment No 5)

under the

Environmental Planning and Assessment Act 1979

1      Name of Plan

This Plan is Ku-ring-gai Local Environmental Plan 2015 (Amendment No 5).

2      Commencement

This Plan commences on the day on which it is published on the NSW legislation website.

3      Land to which Plan applies

This Plan applies to all land to which Ku-ring-gai Local Environmental Plan 2015 applies.

4      Maps

The maps adopted by Ku-ring-gai Local Environmental Plan 2015 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 Ku-ring-gai Local Environmental

Plan 2015

[1]      Land Use Table

Omit the last 3 objectives from item 1 of the matter relating to Zone E3 Environmental

Management.

[2]      Land Use Table, Zone E4 Environmental Living

Insert at the end of item 1:

• To minimise direct and indirect risks to life, property and the environment from bushfire events.

• To ensure that development in this zone on land that adjoins land in Zone E1 National Parks and Nature Reserves or Zone E2 Environmental Conservation is compatible with the objectives of those zones.

• To enable other land uses that provide facilities or services to meet the day to day needs of residents.

[3]      Schedule 3 Complying Development

Omit “(When this Plan was made this Part was blank)” from Part 1. Insert instead:

Dwelling houses in Zone E4 Environmental Living

(1)

Must be in accordance with the General Housing Code under State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, other than clauses 3.9, 3.10, 3.11 and 3.24 of that Policy.

(2)

Must not be located in any part of a site identified by clause 6.3 or 6.4 of this

Plan.

(3)

Must not be located on land that is Class 1–4 land under clause 6.1 of this Plan.

(4)

Landscaped areas

Must meet the following development standards:

(a)	for every site—the landscaped area of the front setback for the dwelling house must be at least 70% of the front setback area,
(b)	for a site on the low side of a road that drains to bushland—the landscaped area for the dwelling house and any ancillary development draining to a dispersal trench system, infiltration trench system or rain garden must be at least 65% of the site area,
(c)	for any other site—the landscaped area for the dwelling house and any ancillary development must be in accordance with the following table:

Site area	Minimum landscaped area
Less than 850m2	Site area × 0.5
850m2 or greater	Site area × [0.5 + (site area – 850)/6,500]

(5)

The plans for the dwelling house must include all built elements (such as

pathways) normally associated with a dwelling house.

(6)

Floor space ratio

The floor space ratio of the dwelling house and all ancillary development on the site must not exceed the floor space ratio determined under the table to this subclause.

Site area	Maximum floor space ratio
800m2 or less	0.4:1

More than 800m2 but not more than 1,000m2 [120 + (0.25 × site area)]/site area:1

More than 1,000m2 but not more than [170 + (0.20 × site area)]/site area:1

1,500m2

More than 1,500m2 [250 + (0.15 × site area)]/site area:1

(7)

Maximum floor area for outbuildings

The floor area of an outbuilding on a lot must not be more than the following:

(a)	if the lot has an area of not more than 300m2—36m2,
(b)	if the lot has an area of more than 300m2 but not more than 600m2—

45m2,

if the lot has an area of more than 600m2—60m2.

(c)