Liverpool Local Environmental Plan 1997 (Amendment No 58) (2003-344) [GG No 97 of 13.6.2003, p 5726] (NSW)

2003 No 344

New South Wales

Liverpool Local Environmental Plan 1997 (Amendment No 58)

under the

Environmental Planning and Assessment Act 1979

I, the Minister Assisting the Minister for Infrastructure and Planning (Planning Administration), make the following local environmental plan under the Environmental Planning and Assessment Act 1979. (P00/00508/S69)

DIANE BEAMER, M.P.,

Minister Assisting the Minister for Infrastructure

and Planning (Planning Administration)

Published in Gazette No 97 of 13 June 2003, page 5726	Page 1
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2003 No 344

Clause 1 Liverpool Local Environmental Plan 1997 (Amendment No 58)

Liverpool Local Environmental Plan 1997

(Amendment No 58)

1     Name of plan

This plan is Liverpool Local Environmental Plan 1997 (Amendment

No 58).

2     Aims of plan

This plan aims:

(a)	to provide for a new Industrial 4 (d) zone under Liverpool Local Environmental Plan 1997, and
(b)	to rezone the land referred to in clause 3 (b) to allow for the more efficient development of the land.

3     Land to which plan applies

This plan applies:

(a)	in respect of the amendments made by Schedule 1 [1] and [3]–[11]—to all land within the City of Liverpool, and
(b)	in respect of the amendment made by Schedule 1 [2]—to part of Lot 1403, DP 848565, corner of Moorebank Avenue and Anzac Road, Moorebank, as shown edged heavy black on the map marked “Liverpool Local Environmental Plan 1997 (Amendment No 58)” deposited in the office of Liverpool City Council.

4 Amendment of Liverpool Local Environmental Plan 1997

Liverpool Local Environmental Plan 1997 is amended as set out in

Schedule 1.

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Amendments Schedule 1

Schedule 1 Amendments

(Clause 4)

[1]     Clause 6 Definitions

Omit the definition of Road transport terminal from clause 6 (1).

Insert instead:

Road transport terminal means a building or place used for the bulk handling of goods for transport by road, and includes:

(a)	the facilities for the loading and unloading of the vehicles that transport those goods and for the parking, servicing and repair of those vehicles, and
(b)	a building or place used for the loading and unloading of containers,

but, in the Table to clause 9, does not include a building or

place elsewhere defined in this clause.

[2]     Clause 6 (1), definition of “The Map”

Insert in appropriate order in the definition:

Liverpool Local Environmental Plan 1997 (Amendment No 58)

[3]     Clause 8 Zones in this plan

Insert after the matter relating to Zone 4 (c):

4 (d) Industrial—Business Enterprise

[4]     Clause 9 Development which is allowed or prohibited within a zone

Insert “4 (d)” in appropriate order under the heading “Industrial” in the

Table to the clause.

[5]     Clause 9, Table

Insert “T” under the heading “Industrial 4 (d)” to correspond with the following types of development:

advertisements, car parks, child care centres, communications facilities, community facilities, convenience stores, dams,

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Schedule 1 Amendments

educational establishments, family day care centres, helicopter landing sites, heliports, industries, landfill, light industries, maintenance dredging, motels, office premises, public buildings, recreation areas, recreation facilities, research establishments, research facilities, roads, serviced apartments, utility installations, utility undertakings, warehouse or distribution centres.

[6]     Clause 10 Development which also needs consent

Insert “4 (d),” after “4 (c),” in clause 10 (5).

[7]     Clause 10 (6) and (22)

Omit “or 4 (c)” wherever occurring. Insert instead “, 4 (c) or 4 (d)”.

[8]     Clause 10 (10)

Omit the subclause. Insert instead:

(10)	Shops in the 4 (a), 4 (b), 4 (c) and 4 (d) zones
Development for the purposes of a shop may be carried out only with consent on land within the 4 (a), 4 (b), 4 (c) or 4 (d) zone if the shop serves the daily convenience needs of the local workforce.

[9]     Clause 11 Development which does not require consent

Omit “or 4 (c)” wherever occurring in clause 11 (2), (5) (a), (8) (d) and

(9) (b) (ii).

Insert instead “, 4 (c) or 4 (d)”.

[10]     Clause 50 Objectives of the Industrial zones

Insert after clause 50 (3):

(4)	The objectives of the 4 (d) zone are:
(a) to provide for industrial and business development that:

(i)         contributes to the economic, employment and social growth of the Liverpool local government area, and

(ii)        complements the employment role of the Liverpool CBD, and

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Amendments Schedule 1

(iii)      will not have an adverse impact on the Liverpool CBD, and

(iv)       due to its nature is not considered suitable for the Liverpool CBD, and

(b)	to provide for the special requirements of industry and business, particularly in the areas of advanced technology and communications, and to cater for the varying needs of employment activities, and
(c)	to encourage the development of an industrial and business employment area in a location highly accessible to employees, and
(d)	to maximise the opportunities for increased use of public transport, bicycles and walking and for a reduction in the use of private cars, and
(e)	to discourage industrial development that is likely to detract from the amenity of the zone by reason of its appearance, noise, emissions and the like, and
(f)	to prohibit hazardous and offensive industries and industries where substantial measures are necessary to mitigate the risks or impacts of environmental damage, and
(g)	to make special provision for industries using and developing advanced technology products and processes, and
(h)	to provide facilities for business and industry by allowing development for the purposes of a range of ancillary commercial, retail, educational, recreational and community facilities and other development and activities only where it is associated with, and ancillary to, activities carried out on the same land, or where it serves the daily convenience needs of the local workforce, and

(i)        to make adequate provision for infrastructure and facilities to service the development of the area, and

(j)	to provide for the use and development of the area in an orderly, efficient and economic manner, and
(k)	to promote a high standard of urban design.

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[11]     Clauses 53AA, 53AB and 53B

Insert after clause 53A:

53AA	Development in Zone 4 (d)
(1) Consent may be granted for office premises in the 4 (d) zone only if:

(a)

the premises are ancillary to a permissible use of land in the zone, or

(b)

the premises:

(i)	are to be utilised by an organisation that is involved in activities in the Moorebank Precinct that are consistent with the objectives of the zone, and
(ii)	are not, because of the design, operation or construction of the premises, suitable for other business areas in Liverpool.

(2) Consent for development to be carried out in the 4 (d) zone may be granted only if the Council has taken into consideration any master plan or development control plan applying to the zone that has been made or adopted by the Council.

53AB

Development of certain land at Moorebank (Yulong, DNSDC and

Amiens sites)

(1) This clause applies to the following land:

(a)	the Amiens site (being Lots 1 and 5, DP 832269),
(b)	the Defence National Storage and Distribution Centre site (being part of Lot 1403, DP 848565, corner of Moorebank Avenue and Anzac Road, Moorebank, as shown edged heavy black on the map marked “Liverpool Local Environmental 1997 (Amendment No 58)”,
(c)	the Yulong site (being Lot 12, DP 264622, part of Lot 1403, DP 848565 and part of Lots 2 and 3, DP 832269, as shown edged heavy black on the map marked “Liverpool Local Environmental 1997 (Amendment No 57)”.

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(2) Consent for development on land to which this clause applies may be granted only if the development is, in the opinion of the Council, consistent with a Transport Management and Accessibility Plan approved by the Director-General.

(3) Despite clause 9, development for the purposes of industry, light industry, motels, office premises, public buildings, research establishments, research facilities, serviced apartments, warehouses or distribution centres may be carried out with consent, but only if the Director-General has first certified, in writing, to the Council that satisfactoryarrangements have been made for the provision of appropriate regional transport infrastructure as identified in such a Transport Management and Accessibility Plan.

53B	Provision of services on DNSDC site at Moorebank
(1) This clause applies to the Defence National Storage and Distribution Centre site (being part of Lot 1403, DP 848565, corner of Moorebank Avenue and Anzac Road, Moorebank, as shown edged heavy black on the map marked “Liverpool Local Environmental 1997 (Amendment No 58)”.
(2) Before determining an application for consent to carry out development on land to which this clause applies, the Council must consider:

(a)	an integrated approach to the management of water, wastewater and stormwater (including the impact of the proposed development on the supply of water and the disposal of sewage and stormwater), and
(b)	whether sustainable water cycle management, water use efficiency and opportunities for water reuse can be provided, and
(c)	whether the existing infrastructure of the site has the capacity to satisfy such design standards as may be specified by Sydney Water in relation to the site, and
(d)	whether any amplification works are required to be undertaken by the applicant as a consequence of the proposed development.

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(3) If the applicant is required to undertake any such amplification works, the works must satisfy such design standards as may be specified by Sydney Water in relation to those works.

BY AUTHORITY

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