Maitland Local Environmental Plan 1993 (Amendment No 86) (2007-367) Gazette No 94 of 27 July 2007, page 4873 (NSW)

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2007 No 367

New South Wales

Maitland Local Environmental Plan

1993 (Amendment No 86)

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. (S07/00409–1)

FRANK SARTOR, M.P.,

Minister for Planning

Published in Gazette No 94 of 27 July 2007, page 4873

Page 1

2007 No 367

Clause 1

Maitland Local Environmental Plan 1993 (Amendment No 86)

Maitland Local Environmental Plan 1993 (Amendment

No 86)

under the

Environmental Planning and Assessment Act 1979

1      Name of plan

This plan is Maitland Local Environmental Plan 1993 (Amendment

No 86).

2      Aims of plan

The aims of this plan are:

(a)

to establish certain land as the Thornton North Urban Release Area, and

(b)

to rezone land in that area to Zone 2 (a) Residential and Zone 7 (c) Environmental Protection General, and

(c)

to revise the definition of Exhibition home in Maitland Local Environmental Plan 1993 and to include a definition of Exhibition village in that plan, and

(d)

to identify zones in the City of Maitland where development for the purposes of exhibition homes or exhibition villages is prohibited and where it is permissible with consent, and

(e)

to rezone certain land in the City of Maitland to Zone 2 (a) Residential, and

(f)

to amend clause 55 of Maitland Local Environmental Plan 1993.

3      Land to which plan applies

(1)

This plan applies to all of the land to which Maitland Local Environmental Plan 1993 applies, except as provided by subclauses (2) and (3).

(2)

To the extent that this plan establishes the Thornton North Urban Release Area, it applies to the land shown edged heavy black and lettered “Thornton North Urban Release Area” on Sheet 1 of the map marked “Maitland Local Environmental Plan 1993 (Amendment No 86)” deposited in the office of the Council of the City of Maitland.

2007 No 367

Maitland Local Environmental Plan 1993 (Amendment No 86)

Clause 4

(3)

To the extent that this plan rezones land, it applies to land shown edged heavy black and lettered “2 (a)” or “7 (c)” on Sheet 2 of the map marked “Maitland Local Environmental Plan 1993 (Amendment No 86)” deposited in the office of the Council of the City of Maitland.

4 Amendment of Maitland Local Environmental Plan 1993

Maitland Local Environmental Plan 1993 is amended as set out in

Schedule 1.

2007 No 367

Maitland Local Environmental Plan 1993 (Amendment No 86)

Schedule 1

Amendments

Schedule 1

Amendments

(Clause 4)

[1]      Clause 5 How are terms defined in this plan?

Omit the definition of Exhibition home from clause 5 (1).

Insert instead:

Exhibition home means a dwelling that is not intended for immediate permanent occupation and is used for purposes associated with the sale of the dwelling and similar dwellings, and includes those areas in the dwelling that are used for purposes ancillary to the sale (such as a sales office or a materials display area).

[2]      Clause 5 (1), definition of “Exhibition village”

Insert in alphabetical order:

Exhibition village means a group of exhibition homes and any ancillary buildings (being buildings not intended for permanent occupation and used only for purposes associated with the sale of the exhibition homes, such as sales or home finance offices and materials display areas) and ancillary facilities (such as cafes, car parks and public toilets).

[3]      Clause 5 (1), definition of “The map”

Insert in appropriate order:

Maitland Local Environmental Plan 1993 (Amendment No 86)—

Sheets 1 and 2

[4]      Clause 10 What rural zones apply in this plan?

Insert “Exhibition Home;” and “Exhibition Village;” in alphabetical order in item (5) (Development which is prohibited) of the matter relating to Zone 1 (b) in the development control table to the clause.

[5]      Clause 10, development control table

Insert “Exhibition Home;” in alphabetical order in item (4) (Development allowed only with development consent) of the matter relating to Zone 1 (c).

[6]      Clause 10, development control table

Insert “Exhibition Home;” in alphabetical order in item (4) (Development allowed only with development consent) of the matter relating to Zone 1 (d).

2007 No 367

Maitland Local Environmental Plan 1993 (Amendment No 86)

Amendments

Schedule 1

[7]      Clause 16 What residential zones apply in this plan?

Insert “Exhibition Village;” in alphabetical order in item (4) (Development allowed only with development consent) of the matter relating to Zone 2 (a) in the development control table to the clause.

[8]      Clause 16, development control table

Insert “Exhibition Home;” and “Exhibition Village;” in alphabetical order in item (5) (Development which is prohibited) of the matter relating to Zone 2 (b).

[9]      Clause 23 What industrial zones apply in this plan?

Insert “Exhibition Home;” and “Exhibition Village;” in alphabetical order in item (5) (Development which is prohibited) of the matter relating to Zone 4 (a) in the development control table to the clause.

[10]      Clause 23, development control table

Insert “Exhibition Home;” and “Exhibition Village;” in alphabetical order in item (5) (Development which is prohibited) of the matter relating to Zone 4 (b).

[11]      Clause 55 Restriction on certain subdivisions—regional transport infrastructure

Omit clause 55 (1). Insert instead:

(1)

This clause applies to land that is in an urban release area and shown hatched on the map, but does not apply to such land if the whole or any part of it is in a special contributions area (as defined by section 93C of the Act).

[12]      Clause 55 (3)

Omit “the commencement of Maitland Local Environmental Plan 1993

(Amendment No 92)”.

Insert instead “the land became, or became part of, an urban release area”.

BY AUTHORITY

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