Maitland Local Environmental Plan 1993 (Amendment No 64) (2002-556) [GG No 128 of 9.8.2002, p 5887] (NSW)

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2002 No 556

Maitland Local Environmental

New South Wales

Plan 1993 (Amendment No 64)

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. (N01/00165/PC)

ANDREW REFSHAUGE, M.P.,

Minister for Planning

Published in Gazette No 128 of 9 August 2002, page 5887

Page 1

[8]

2002 No 556

Clause 1

Maitland Local Environmental Plan 1993 (Amendment No 64)

Maitland Local Environmental Plan 1993

(Amendment No 64)

1     Name of plan

This plan is Maitland Local Environmental Plan 1993 (Amendment No

64).

2     Aims of plan

This plan aims:

(a)

to rezone a number of properties located in various parts of the City of Maitland that are inappropriately zoned Public Recreation under Maitland Local Environmental Plan 1993 and to correct a number of mapping anomalies (where parts of properties have been incorrectly zoned Public Recreation), and

(b)

to amend clause 26 of the 1993 plan as it relates to the acquisition of land within the Public Recreation and Proposed Recreation zones. The amendment is to allow Maitland City Council to assess whether it requires land for which an acquisition notice has been received.

3     Land to which plan applies

(1) To the extent that this plan rezones land and corrects mapping anomalies, it applies to various parcels of land within the City of Maitland, as shown edged heavy black on Sheets 1–15 of the map marked “Maitland Local Environmental Plan 1993 (Amendment No 64)” deposited in the office of the Council of the City of Maitland and described in Schedule 1.

(2)

To the extent that this plan amends the acquisition provisions in the 1993 plan, it applies to all land within the Public Recreation and Proposed Recreation zones under the 1993 plan.

4 Amendment of Maitland Local Environmental Plan 1993

Maitland Local Environmental Plan 1993 is amended:

(a)

The map

by inserting in appropriate order in the definition of Maitland Local Environmental Plan 1993 (Amendment No 64)

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2002 No 556

Maitland Local Environmental Plan 1993 (Amendment No 64)

Clause 4

(b)

by inserting at the end of clause 26 the following subclauses: (2) The Council need not take any action with respect to

acquiring land within Zone 6 (a) or 6 (c) for 90 days (or for such other period as may be agreed between the owner and the Council before that period expires) after receiving a notice requiring acquisition of land if the Council, within 14 days after receiving the notice, notifies the owner that it is reviewing the zoning of the land.

(3)

The Council need not acquire the land pursuant to the notice if the land is rezoned, or the Council decides or has decided to prepare a local environmental plan to rezone the land, before the period of 90 days (or the agreed period) expires.

(4)

Subclauses (2) and (3) apply to a notice received after the commencement of Maitland Local Environmental Plan 1993 (Amendment No 64).

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2002 No 556

Maitland Local Environmental Plan 1993 (Amendment No 64)

Schedule 1

Land to be rezoned

Schedule 1

Land to be rezoned

(Clause 3 (1))

Property description

Proposed zone

Sheet

No

Lots 22 and 23, DP 833762

2 (a) Residential

1

30 and 32 Lord Howe Drive, Ashtonfield

Lots 241 and 242, DP 850015

2 (a) Residential

1

1/34 and 2/34 Lord Howe Drive, Ashtonfield

Lots 1–5, DP 881480

2 (a) Residential

1

36–44 Lord Howe Drive, Ashtonfield

Lots 8402–8404, DP 848936

2 (a) Residential

2

23–27 Coburn Circuit, Metford

Lots 8405 and 8406, DP 844997

2 (a) Residential

2

29–31 Coburn Circuit, Metford

Lots 8108–8110, DP 844997

2 (a) Residential

2

16–20 Coburn Circuit, Metford

Lot 8146, DP 844997

2 (a) Residential

2

22 Coburn Circuit, Metford

Lots 1 and 2, DP 849873

2 (a) Residential

2

31–33 Streeton Drive, Metford

Lots 226 and 227, DP 705866

5 (a) Special

3

Schanck Drive, Metford

Uses—(Hunter Water

Corporation)

Lot 1, DP 430895

5 (a) Special

4

30 Edward Street, Morpeth

Uses—(Hunter Water

Corporation)

Lot 1, DP 432399

5 (a) Special

4

18 Edward Street, Morpeth

Uses—(Hunter Water

Corporation)

Lot 1

5 (a) Special

5

Church Street, Largs

Uses—(Hunter Water

Corporation)

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2002 No 556

Maitland Local Environmental Plan 1993 (Amendment No 64)

Land to be rezoned

Schedule 1

Property description

Proposed zone

Sheet

No

Lot 64, DP 259960

5 (a) Special

6

Stradbroke Avenue, Metford

Uses—(Hunter Water

Corporation)

Lot 638, DP 262555

5 (a) Special

7

56 John Arthur Avenue, Thornton

Uses—(Hunter Water

Corporation)

Lot 850, DP 703278

5 (a) Special

7

Thomas Cook Drive, Thornton

Uses—(Hunter Water

Corporation)

Lot 1, DP 574831

5 (a) Special

8

Vista Parade, East Maitland

Uses—(Hunter Water

Corporation)

Lot 1, DP 574837

5 (a) Special

8

Ultimo Street, East Maitland

Uses—(Hunter Water

Corporation)

Lot 54, DP 594130

5 (a) Special

9

Dalveen Road, Bolwarra Heights

Uses—(Hunter Water

Corporation)

Lot 1, DP 807404

5 (a) Special

10

65 Raymond Terrace Road, East Maitland

Uses—(Hunter Water

Corporation)

Lots 7 and 8, Sec. F, DP 5763

6 (b) Private Recreation

11

Russell Street, Telarah

Lot 197, DP 755237

5 (a) Special

12

George Street, East Maitland

Uses—(Cemeteries)

Lot 210, DP 755237

5 (a) Special

12

Ultimo Street, East Maitland

Uses—(Cemeteries)

Lot 1, DP 380459

6 (b) Private Recreation

13

James Street, Maitland

Lot 2, DP 514126

5 (a) Special Uses—

14

Paterson Road, Bolwarra

(Telecommunications)

Page 5

2002 No 556

Maitland Local Environmental Plan 1993 (Amendment No 64)

Schedule 1

Land to be rezoned

Property description

Proposed zone

Sheet

No

Lot 457, DP 727771

5 (a) Special

15

Chelmsford Drive, Metford

Uses—(Community

Facility)

BY AUTHORITY

Page 6

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