Ku-ring-gai Local Environmental Plan No 183 (2001-209) [GG No 54 of 16.3.2001, p 1361] (NSW)

2001 No 209

Ku-ring-gai Local Environmental Plan

No 183

New South Wales

under the

Environmental Planning and Assessment Act 1979

I, the Minister for Urban Affairs and Planning, make the following local environmental plan under the Environmental Planning and Assessment Act 1979. (S00/01083/PC)

ANDREW REFSHAUGE, M.P.,

Minister for Urban Affairs and Planning

Sydney, 13th March 2001.

Published in Gazette No 54 of 16 March 2001, page 1361	Page 1
[8]
2001 No 209

Clause 1 Ku-ring-gai Local Environmental Plan No 183

Ku-ring-gai Local Environmental Plan No 183

1     Name of plan

This plan is Ku-ring-gai Local Environmental Plan No 183.

2     Aims of plan

This plan aims to introduce subdivision development standards into Ku-ring-gai Planning Scheme Ordinance which are consistent with those applying to the erection of dwelling-houses as contained in clause 43 of that instrument.

This plan also repeals from that instrument a definition of home occupation that was made redundant by a definition inserted by Ku-ring-gai Local Environmental Plan No 171.

3     Land to which plan applies

This plan applies to the land to which the Ku-ring-gai Planning

Scheme Ordinance applies.

4     Amendment of Ku-ring-gai Planning Scheme Ordinance

The Ku-ring-gai Planning Scheme Ordinance is amended as set out in

Schedule 1.

5 Savings

(1) Clause 58B of the Ku-ring-gai Planning Scheme Ordinance, as amended by this plan, does not apply to any application for consent to a subdivision of land that was lodged before the commencement of this plan.

(2) This plan does not affect the application of State Environmental Planning Policy No 53—Metropolitan Residential Development to land to which this plan applies.

2001 No 209

Ku-ring-gai Local Environmental Plan No 183

Amendments Schedule 1

Schedule 1 Amendments

(Clause 4)

[1]     Clause 4 Interpretation

Omit the definition of home occupation following the definition of that term inserted by Ku-ring-gai Local Environmental Plan No 171.

[2]     Clause 4A

Insert after clause 4:

4A References to allotments

In this Ordinance, a reference to an allotment of land shall be construed as including a reference to any lot of land.

[3]     Clause 58B

Insert after clause 58A:

58B Subdivision requirements for dwelling-house lots

(1)

This clause applies to land within Zone No 2 (a), 2 (b), 2 (c),

2 (d), 2 (e), 2 (g) or 2 (h).

(2) In this clause, lot means a lot occupied or intended to be

occupied by a single dwelling-house.

(3)

Land to which this clause applies is not to be subdivided unless

each separate lot created:

(a) in the case of land within Zone No 2 (a):

(i)         as to a lot, other than a hatchet-shaped (battleaxe) lot not having frontage to a main road or county road—has an area of not less than 790 square metres and also a width of not less than 18 metres at a distance of 12.2 metres from the street alignment,

(ii)        as to a lot, other than a hatchet-shaped (battleaxe) lot having frontage to a main road or county road—has an area of not less than 790 square metres and also a width of not less

2001 No 209

Ku-ring-gai Local Environmental Plan No 183

Schedule 1 Amendments

than 27.4 metres at a distance of 12.2 metres

from the street alignment,

(iii)      as to a hatchet-shaped (battleaxe) lot—has an area of not less than 1105 square metres exclusive of the access corridor, which access corridor is to have a width of not less than 4.6 metres,

(b)

in the case of land within Zone No 2 (b):

(i)	as to a lot, other than a hatchet-shaped (battleaxe) lot not having frontage to a main road or county road—has an area of not less than 836 square metres and also a width of not less than 18 metres at a distance of 12.2 metres from the street alignment,
(ii)	as to a lot, other than a hatchet-shaped (battleaxe) lot having frontage to a main road or county road—has an area of not less than 836 square metres and also a width of not less than 27.4 metres at a distance of 12.2 metres from the street alignment,
(iii)	as to a hatchet-shaped (battleaxe) lot—has an area of not less than 1170 square metres exclusive of the access corridor, which access corridor is to have a width of not less than 4.6 metres,

(c)

in the case of land within Zone No 2 (c):

(i)	as to a lot, other than a hatchet-shaped (battleaxe) lot not having frontage to a main road or county road—has an area of not less than 929 square metres and also a width of not less than 18 metres at a distance of 12.2 metres from the street alignment,
(ii)	as to a lot, other than a hatchet-shaped (battleaxe) lot having frontage to a main road or county road—has an area of not less than 929 square metres and also a width of not less than 27.4 metres at a distance of 12.2 metres from the street alignment,

2001 No 209

Ku-ring-gai Local Environmental Plan No 183

Amendments Schedule 1

(iii)      as to a hatchet-shaped (battleaxe) lot—has an area of not less than 1300 square metres exclusive of the access corridor, which access corridor is to have a width of not less than 4.6 metres,

(d)

in the case of land within Zone No 2 (d) or 2 (e):

(i)	as to a lot, other than a hatchet-shaped (battleaxe) lot not having frontage to a main road or county road—has an area of not less than 929 square metres and also a width of not less than 27.4 metres at a distance of 12.2 metres from the street alignment,
(ii)	as to a lot, other than a hatchet-shaped (battleaxe) lot having frontage to a main road or county road—has an area of not less than 929 square metres and also a width of not less than 27.4 metres at a distance of 12.2 metres from the street alignment,
(iii)	as to a hatchet-shaped (battleaxe) lot—has an area of not less than 1300 square metres exclusive of the access corridor, which access corridor is to have a width of not less than 4.6 metres,

(e)

in the case of land within Zone No 2 (g)—has an area of not less than 1.012 hectares (10,120 square metres) and a frontage of not less than 36.6 metres,

(f)

in the case of land within Zone No 2 (h):

(i)	as to a lot, other than a hatchet-shaped (battleaxe) lot not having frontage to a main road or county road—has an area of not less than 650 square metres and also a width of not less than 18 metres at a distance of 12.2 metres from the street alignment,
(ii)	as to a lot, other than a hatchet-shaped (battleaxe) lot having frontage to a main road or county road—has an area of not less than 650 square metres and also a width of not less than 27.4 metres at a distance of 12.2 metres from the street alignment,

2001 No 209

Ku-ring-gai Local Environmental Plan No 183

Schedule 1 Amendments

(iii)      as to a hatchet-shaped (battleaxe) lot—has an area of not less than 1105 square metres exclusive of the access corridor, which access corridor is to have a width of not less than 4.6 metres.

(4) Land to which this clause applies must not to be subdivided for the purpose of dwelling-houses unless each separate lot created has a boundary to a public road.

(5) This clause does not apply to a subdivision creating two adjoining lots if the dwelling-houses on those lots are lawful because of a consent granted pursuant to Sydney Regional Environmental Plan No 12—Dual Occupancy or State Environmental Planning Policy No 53—Metropolitan Residential Development before or after the commencement of this clause.

BY AUTHORITY