Liverpool Local Environmental Plan 2008 (Amendment No 3) (2010-176) LW 7 May 2010 (NSW)
2010 No 176
| New South Wales |
Liverpool Local Environmental Plan
2008 (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. (P09/00087/PC-2)
TONY KELLY, MLC Minister for Planning
| Published LW 7 May 2010 | Page 1 |
| 2010 No 176 |
| Clause 1 | Liverpool Local Environmental Plan 2008 (Amendment No 3) |
Liverpool Local Environmental Plan 2008 (Amendment
No 3)
under the
Environmental Planning and Assessment Act 1979
1 Name of Plan
This Plan is Liverpool Local Environmental Plan 2008 (Amendment
No 3).
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 within the City of Liverpool to which
Liverpool Local Environmental Plan 2008 applies.
4 Maps
Each map adopted by Liverpool Local Environmental Plan 2008 that is specified in Column 1 of the following Table is declared by this Plan to be amended or replaced, as the case requires, by the map specified opposite in Column 2 of the Table as approved by the Minister on the making of this Plan.
| Column 1 | Column 2 |
| Name of map being amended or | Name of amending or |
| replaced | replacement map |
| Liverpool Local Environmental Plan | Liverpool Local Environmental Plan |
| 2008 Land Zoning Map | 2008 Land Zoning Map |
| (4900_COM_LZN_012_005_20090928) | (4900_COM_LZN_012_005_20091123) |
| Liverpool Local Environmental Plan | Liverpool Local Environmental Plan |
| 2008 Lot Size Map | 2008 Lot Size Map |
| (4900_COM_LSZ_012_005_20080815) | (4900_COM_LSZ_012_005_20091123) |
| Liverpool Local Environmental Plan | Liverpool Local Environmental Plan |
| 2008 Floor Space Ratio Map | 2008 Floor Space Ratio Map |
| (4900_COM_FSR_012_005_20080815) | (4900_COM_FSR_012_005_20091123) |
2010 No 176
| Liverpool Local Environmental Plan 2008 (Amendment No 3) | Clause 4 |
| Column 1 | Column 2 |
| Name of map being amended or | Name of amending or |
| replaced | replacement map |
| Liverpool Local Environmental Plan | Liverpool Local Environmental Plan |
| 2008 Floor Space Ratio Map | 2008 Floor Space Ratio Map |
| (4900_COM_FSR_013_020_20080815) | (4900_COM_FSR_013_020_20090731) |
| Liverpool Local Environmental Plan | Liverpool Local Environmental Plan |
| 2008 Height of Buildings Map | 2008 Height of Buildings Map |
| (4900_COM_HOB_012_005_20080815) | (4900_COM_HOB_012_005_20091123) |
| Liverpool Local Environmental Plan | Liverpool Local Environmental Plan |
| 2008 Land Reservation Acquisition Map | 2008 Land Reservation Acquisition Map |
| (4900_COM_LRA_011_005_20080815) | (4900_COM_LRA_011_005_20100121) |
| Liverpool Local Environmental Plan | Liverpool Local Environmental Plan |
| 2008 Flood Planning Area Map | 2008 Flood Planning Area Map |
| (4900_COM_FLD_001_020_20080815) | (4900_COM_FLD_001_020_20090731) |
| Liverpool Local Environmental Plan | Liverpool Local Environmental Plan |
| 2008 Flood Planning Area Map | 2008 Flood Planning Area Map |
| (4900_COM_FLD_002_020_20080815) | (4900_COM_FLD_002_020_20090731) |
| Liverpool Local Environmental Plan | Liverpool Local Environmental Plan |
| 2008 Flood Planning Area Map | 2008 Flood Planning Area Map |
| (4900_COM_FLD_003_020_20080815) | (4900_COM_FLD_003_020_20090731) |
| Liverpool Local Environmental Plan | Liverpool Local Environmental Plan |
| 2008 Flood Planning Area Map | 2008 Flood Planning Area Map |
| (4900_COM_FLD_004_020_20080815) | (4900_COM_FLD_004_020_20090731) |
| Liverpool Local Environmental Plan | Liverpool Local Environmental Plan |
| 2008 Flood Planning Area Map | 2008 Flood Planning Area Map |
| (4900_COM_FLD_005_020_20080815) | (4900_COM_FLD_005_020_20090731) |
| Liverpool Local Environmental Plan | Liverpool Local Environmental Plan |
| 2008 Flood Planning Area Map | 2008 Flood Planning Area Map |
| (4900_COM_FLD_006_020_20080815) | (4900_COM_FLD_006_020_20090731) |
| Liverpool Local Environmental Plan | Liverpool Local Environmental Plan |
| 2008 Flood Planning Area Map | 2008 Flood Planning Area Map |
| (4900_COM_FLD_007_020_20080815) | (4900_COM_FLD_007_020_20090731) |
| Liverpool Local Environmental Plan | Liverpool Local Environmental Plan |
| 2008 Flood Planning Area Map | 2008 Flood Planning Area Map |
| (4900_COM_FLD_008_020_20080815) | (4900_COM_FLD_008_020_20090731) |
| Liverpool Local Environmental Plan | Liverpool Local Environmental Plan |
| 2008 Flood Planning Area Map | 2008 Flood Planning Area Map |
| (4900_COM_FLD_009_020_20080815) | (4900_COM_FLD_009_020_20090731) |
| Liverpool Local Environmental Plan | Liverpool Local Environmental Plan |
| 2008 Flood Planning Area Map | 2008 Flood Planning Area Map |
| (4900_COM_FLD_010_020_20080815) | (4900_COM_FLD_010_020_20090731) |
| Liverpool Local Environmental Plan | Liverpool Local Environmental Plan |
| 2008 Flood Planning Area Map | 2008 Flood Planning Area Map |
| (4900_COM_FLD_011_005_20080815) | (4900_COM_FLD_011_005_20090731) |
2010 No 176
| Clause 4 | Liverpool Local Environmental Plan 2008 (Amendment No 3) |
| Column 1 | Column 2 |
| Name of map being amended or | Name of amending or |
| replaced | replacement map |
| Liverpool Local Environmental Plan | Liverpool Local Environmental Plan |
| 2008 Flood Planning Area Map | 2008 Flood Planning Area Map |
| (4900_COM_FLD_012_005_20080815) | (4900_COM_FLD_012_005_20090731) |
| Liverpool Local Environmental Plan | Liverpool Local Environmental Plan |
| 2008 Flood Planning Area Map | 2008 Flood Planning Area Map |
| (4900_COM_FLD_013_020_20080815) | (4900_COM_FLD_013_020_20090731) |
| Liverpool Local Environmental Plan | Liverpool Local Environmental Plan |
| 2008 Flood Planning Area Map | 2008 Flood Planning Area Map |
| (4900_COM_FLD_014_020_20080815) | (4900_COM_FLD_014_020_20090731) |
| Liverpool Local Environmental Plan | Liverpool Local Environmental Plan |
| 2008 Flood Planning Area Map | 2008 Flood Planning Area Map |
| (4900_COM_FLD_015_020_20080815) | (4900_COM_FLD_015_020_20090731) |
| Nil | Liverpool Local Environmental Plan 2008 Key Sites Map (4900_COM_KYS_006_020_20090731) |
| Liverpool Local Environmental Plan | Nil |
| 2008 Airport Noise Map (4900_COM_NEF_007_020_20080815) | |
| Liverpool Local Environmental Plan | Nil |
| 2008 Airport Noise Map (4900_COM_NEF_008_020_20080815) | |
| Liverpool Local Environmental Plan | Liverpool Local Environmental Plan |
| 2008 Airport Noise Map | 2008 Airport Noise Map |
| (4900_COM_NEF_014_020_20080815) | (4900_COM_NEF_014_020_20090731) |
2010 No 176
Liverpool Local Environmental Plan 2008 (Amendment No 3)
| Amendment of Liverpool Local Environmental Plan 2008 | Schedule 1 |
| Schedule 1 | Amendment of Liverpool Local Environmental Plan 2008 |
[1] Part 2 Permitted or prohibited development
Omit “a small scale supermarket” from the second dot point in item 1 of the matter relating to Zone B1 Neighbourhood Centre in the Land Use Table.
Insert instead “small scale supermarkets”.
[2] Clause 4.1A Minimum subdivision lot size community title schemes
Insert after clause 4.1A (4) (a):
| (a1) | 2 or more dwellings where each dwelling is attached to another dwelling by a common wall, or |
[3] Clause 4.4 Floor space ratio
Omit “or a secondary dwelling” from clause 4.4 (2A) (b).
Insert instead “, semi-detached dwellings, a secondary dwelling or 2 or more dwellings where each dwelling is attached to another dwelling by a common wall”.
[4] Clause 7.8 Flood planning
Insert after clause 7.8 (2):
| (2A) | Development consent must not be granted to development in a flood planning area for the purposes of residential accommodation unless the consent authority is satisfied that the development: | |||||||||
|
2010 No 176
Liverpool Local Environmental Plan 2008 (Amendment No 3)
| Schedule 1 | Amendment of Liverpool Local Environmental Plan 2008 |
| (f) | if located in the floodway, will be compatible with the flow of flood waters and with any flood hazard on that floodway. |
[5] Clause 7.17 Development in flight paths
Omit “or Hoxton Park Aerodrome” wherever occurring in clause 7.17 (2) and (3).
[6] Clause 7.18 Development in areas subject to potential airport noise
Omit “, Hoxton Park Airport” from clause 7.18 (1).
[7] Clause 7.24
Omit the clause. Insert instead:
|
| (1) | Development consent must not be granted to development for the purposes of a dual occupancy on land in Zone RU1 Primary Production or Zone RU4 Rural Small Holdings unless the gross floor area of at least one of the dwellings is not more than 150 square metres. |
| (2) | Development consent must not be granted to development for the purposes of a dual occupancy on land in Zone RU2 Rural Landscape unless the gross floor area of at least one of the dwellings is not more than 60 square metres. |
[8] Schedule 1 Additional permitted uses
Omit clause 5. Insert instead:
5 Use of certain land at Edmondson Park in Zones R1, R3 and B2
|
2010 No 176
Liverpool Local Environmental Plan 2008 (Amendment No 3)
| Amendment of Liverpool Local Environmental Plan 2008 | Schedule 1 |
[9] Schedule 1, clause 17
Insert after clause 16:
|
| (1) | This clause applies to land in Zone R1 General Residential at Middleton Grange. |
| (2) | Development for the purpose of residential accommodation (other than dual occupancy) is permitted with consent. |
[10] Schedule 2 Exempt development
Omit all matter relating to the following clauses (including the headings):
Access ramps
Aerials and antennae (other than satellite dishes or microwave
antennas)
Air conditioning units for dwelling houses in rural or residential
zones
Aviaries in residential zones
Aviaries in rural zones
Awnings, pergolas, carports and canopies
Barbecues
Change of use—light industrial premises, office and business
premises and shops—general requirements
Change of use—light industrial premises in business and
industrial zones
Change of use—office and business premises in business zones
Change of use—shops in business zones
Clothes hoists and clothes lines
Concreting or paving
Decks
Fences (other than fences covered by the Swimming Pools Act
1992)
Flagpoles
Garden sheds and greenhouses
Hoardings
Letter boxes
Minor alterations to buildings
Playground equipment for domestic use
2010 No 176
Liverpool Local Environmental Plan 2008 (Amendment No 3)
| Schedule 1 | Amendment of Liverpool Local Environmental Plan 2008 |
Privacy screens
Re-cladding of roofs and walls
Retaining walls
Scaffolding
Skylights and roof windows in dwellings
Solar water heaters
Storm blinds
Temporary work sheds
Water heaters (excluding solar water systems)
[11] Schedule 2
Insert “of each sign” after “maximum area” in subclause (2) (d) of the clause relating to Advertisements—business identification signs for businesses other than brothels in business zones.
[12] Schedule 2
Omit “dimensions” from subclause (6) of the clause relating to Advertisements—business identification signs for businesses other than brothels in industrial zones.
Insert instead “area”.
[13] Schedule 2
Omit subclauses (2)–(5) from the clause relating to Demolition. Insert instead:
| (2) | The standards specified for that development are that the development must be carried out in accordance with AS 2601— 2001, The demolition of structures. |
[14] Schedule 3 Complying development
Omit “Alterations and additions” from the heading to the clause relating to Alterations and additions to industrial and warehouse buildings in industrial zones in Part 1.
Insert instead “Additions”.
[15] Schedule 3, Part 1
Omit all matter relating to the following clauses (including the headings):
Bed and breakfast accommodation in rural or residential zones
Changes to commercial premises in business zones
2010 No 176
Liverpool Local Environmental Plan 2008 (Amendment No 3)
| Amendment of Liverpool Local Environmental Plan 2008 | Schedule 1 |
Dwelling houses in Zones R1, R2, R3 and R4—additional
standards if on a property that is equal to or greater than 400m2and less than 600m2
Dwelling houses in Zones R1, R2, R3 and R4—additional
standards if on a property that is equal to or greater than 600m2and less than 1,000m2
Garden sheds ancillary to multi dwelling housing and residential flat buildings
[16] Schedule 3, Part 1
Omit the clause headed “Demolition of single storey dwelling houses and outbuildings”.
Insert instead:
Demolition or removal of dwelling houses or ancillary development
| (1) | Must be demolition of a building or structure specified for this Schedule. |
| (2) | Must be in Zone R1, R2, R3, R4 or R5. |
| (3) | Must be undertaken in accordance with AS 2601—2001, The demolition of structures. |
[17] Schedule 3, Part 1
| Omit the heading to the clause relating to Dwelling houses in Zones R1, R2, R3 and R4. |
Insert instead “Dwelling houses in Zones R1, R2, R3 and R4 on a property
that is equal to or greater than 400m2 and less than 450m2”.
[18] Schedule 3, Part 1
Omit “(such as garages, awnings or swimming pools)” from subclause (1) of the clause (as amended by item [17]) relating to Dwelling houses in Zones R1,
|
[19] Schedule 3, Part 1
Omit “Must” from subclause (2) of the clause (as amended by item [17])
| ||
| Insert instead “The property must”. |
2010 No 176
Liverpool Local Environmental Plan 2008 (Amendment No 3)
| Schedule 1 | Amendment of Liverpool Local Environmental Plan 2008 |
[20] Schedule 3, Part 1
Omit subclauses (4), (20) and (37)–(42) from the clause (as amended by
item [17]) relating to Dwelling houses in Zones R1, R2, R3 and R4 on a
property that is equal to or greater than 400m2 and less than 450m2.
[21] Schedule 3, Part 1
Omit “, retaining structure or similar” from subclause (29) in the clause (as
|
Insert instead “or a retaining or other similar structure”.
[22] Schedule 3, Part 1
Insert after subclause (29) in the clause (as amended by item [17]) relating to Dwelling houses in Zones R1, R2, R3 and R4 on a property that is equal to orgreater than 400m2 and less than 450m2:
| (29A) | Must provide and maintain on the front setback a landscaped area of at least 20m2 with a minimum width of 3m that has no hard paved surface other than garden edging or a retaining or other similar structure. |
| (29B) | A lot on which a new dwelling is erected must have at least 24m2 of principal private open space. In this subclause, principal private open space has the same meaning as in clause 3.25 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008. |
[23] Schedule 3, Part 1
Insert after subclause (32) in the clause (as amended by item [17]) relating to Dwelling houses in Zones R1, R2, R3 and R4 on a property that is equal to orgreater than 400m2 and less than 450m2:
| (32A) | If the door or doors on a garage face a primary road, a secondary road or a parallel road, the total width of all door openings must not be more than: | |||
| ||||
| (32B) | Any garage or carport must be set back at least 1m behind the front wall of the dwelling closest to the street. |
2010 No 176
Liverpool Local Environmental Plan 2008 (Amendment No 3)
| Amendment of Liverpool Local Environmental Plan 2008 | Schedule 1 |
[24] Schedule 3, Part 1
| Omit “Must” from subclause (2) of the clause relating to Dwelling houses in Zone R5 Large Lot Residential. |
Insert instead “The property must”.
[25] Schedule 3, Part 1
Omit subclauses (19) and (33)–(36) from the clause relating to Dwelling houses in Zone R5 Large Lot Residential.
[26] Schedule 3, Part 1
Insert “on the property” after “there are” in subclause (24) of the clause relating to Dwelling houses in Zone R5 Large Lot Residential.
[27] Schedule 3, Part 1
Insert at end of the Part:
Swimming pools in Zones R1, R2, R3 and R4 on a property equal
to or greater than 400m2 and less than 450m2
| (1) | Maximum water area of any swimming pool or spa pool—40m2. | |||
| (2) | Ancillary development comprising a swimming pool for private use must be located on a lot: | |||
| ||||
| (3) | The swimming pool water line must have a setback of at least 1m from a side or rear boundary. | |||
| (4) | Decking around a swimming pool must not be more than 600mm above ground level (existing). | |||
| (5) | Coping around a swimming pool must not be more than: | |||
| ||||
| (6) | Water from a swimming pool must be discharged in accordance with an approval under the Local Government Act 1993 if the lot is not connected to a sewer main. | |||
| Note. A child-resistant barrier must be constructed or installed in accordance with the requirements of the Swimming Pools Act 1992. |
2010 No 176
Liverpool Local Environmental Plan 2008 (Amendment No 3)
| Schedule 1 | Amendment of Liverpool Local Environmental Plan 2008 |
[28] Dictionary
Insert in alphabetical order:
floodway has the same meaning as floodway area has in the Floodplain Development Manual (ISBN 0 7347 5476 0), published by the New South Wales Government in 2005.
Note. The term means those areas of the floodplain where a significant discharge of water occurs during floods. They are often aligned with naturally defined channels. Floodways are areas that, even if only partially blocked, would cause a significant redistribution of flood flow, or a significant increase in flood levels.
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