Manly Local Environmental Plan 1988 (Amendment No 51) (2002-777) [GG No 178 of 18.10.2002, p 8834] (NSW)

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2002 No 777

Manly Local Environmental Plan 1988

New South Wales

(Amendment No 51)

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. (S02/00718/S69)

ANDREW REFSHAUGE, M.P.,

Minister for Planning

Published in Gazette No 178 of 18 October 2002, page 8834

Page 1

[8]

2002 No 777

Clause 1

Manly Local Environmental Plan 1988 (Amendment No 51)

Manly Local Environmental Plan 1988 (Amendment

No 51)

1     Name of plan

This plan is Manly Local Environmental Plan 1988 (Amendment

No 51).

2     Aims of plan

This plan aims:

(a)

to add to, remove from and further describe properties as items of the environmental heritage in Schedule 4 to Manly Local Environmental Plan 1988 (the 1988 plan), and

(b)

to bring under the heritage provisions of the 1988 plan a new conservation area, namely the Pittwater Road Conservation Area, and

(c)

to provide that Manly Council must not grant consent to a development application relating to a conservation area unless it has considered the provisions of any development control plan relating to heritage conservation areas (any relevant dcp), and

(d)

to amend a heading to a clause in the 1988 plan, and

(e)

to update a reference to a provision in an Act in the 1988 plan.

3     Land to which plan applies

(1) To the extent that this plan adds, removes and further describes properties as items of the environmental heritage, it applies to land listed in Schedule 1 [5]–[8].

(2) To the extent that this plan brings into the 1988 plan a new conservation area, it applies to the land known as the Pittwater Road Conservation Area, as shown edged heavy black on the map marked “Manly Local Environmental Plan 1988 (Amendment No 51)” deposited in the office of Manly Council.

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2002 No 777

Manly Local Environmental Plan 1988 (Amendment No 51)

Clause 3

(3)

To the extent that this plan provides for the Council to consider the provisions of any relevant dcp in determining a development application, it applies to all land within heritage conservation areas under the 1988 plan.

(4)

To the extent that this plan amends a clause heading, it applies to all

land with Zone No 2 having frontage to Pittwater Road, Manly.

4 Amendment of Manly Local Environmental Plan 1988

Manly Local Environmental Plan 1988 is amended as set out in

Schedule 1.

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2002 No 777

Manly Local Environmental Plan 1988 (Amendment No 51)

Schedule 1

Amendments

Schedule 1

Amendments

(Clause 4)

[1]     Clause 7 Interpretation

Insert at the end of the definition of item of the environmental heritage in clause 7 (1):

Manly Local Environmental Plan 1988 (Amendment No 51)

[2]     Clause 7, definition of “small shop”

Omit “as defined in section 76A of the Factories Shops and Industries

Act 1962”.

Insert instead “within the meaning of section 78B of the Shops and

Industries Act 1962”.

[3]     Clause 21 Conservation area

Insert after clause 21 (2) (b):

, and

(c)

the provisions of any development control plan relating to heritage conservation areas.

[4]     Clause 32, heading

Omit the heading to the clause. Insert instead:

32     Development of land having frontage to Pittwater Road, Manly

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2002 No 777

Manly Local Environmental Plan 1988 (Amendment No 51)

Amendments

Schedule 1

[5]     Schedule 4 Items of the environmental heritage

Insert in alphabetical order of street name under the headings Architectural and Archaeological Items and (A) Alphabetical Entry by Street in the Schedule the following items:

Residential flat building

5a Carlton Street, Manly (Lots 1–4,

SP 16614)

Row house

26 Denison Street, Manly (Lots 9

and 16, DP 233249)

Row house

28 Denison Street, Manly (Lot 10,

DP 233249)

Row house

30 Denison Street, Manly (Lot 11,

DP 233249)

Row house

32 Denison Street, Manly (Lot 12,

DP 233249)

Row house

34 Denison Street, Manly (Lot 13,

DP 233249)

Row house

36 Denison Street, Manly (Lot 14,

DP 233249)

Row house

38 Denison Street, Manly (Lot 15,

DP 233249)

Baby health care centre

1 Pittwater Road, Manly (Lot C,

DP 332042)

House

80 Pittwater Road, Manly (Lot 62,

DP 192310)

House

82 Pittwater Road, Manly (Lot 1,

DP 798774)

House

105 Pittwater Road, Manly (Lot 9,

DP 2427)

House

107 Pittwater Road, Manly (Lot 1,

DP 1030198)

House

108 Pittwater Road, Manly (Lot 2,

DP 576052)

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2002 No 777

Manly Local Environmental Plan 1988 (Amendment No 51)

Schedule 1

Amendments

House

110 Pittwater Road, Manly (Lot 1,

DP 576052)

Service station

167 Pittwater Road, Manly (Lot 1, DP

303817, Lot 2, DP 656268 and

Lots 9–12, Section 6, DP 2427)

House

184 Pittwater Road, Manly (Lot 30,

DP 2427)

Pumping station

252 Pittwater Road, Manly (Lot 1,

DP 744872)

Memorial club

52 Raglan Street, Manly (Lot 2077,

DP 7520385)

House

53 Whistler Street, Manly (Lot 1,

DP 742272)

House

55 Whistler Street, Manly (Lot 1,

DP 85051)

House

65 Whistler Street, Manly (Lot 24,

DP 192310)

[6]     Schedule 4

Omit from the Schedule under the headings Architectural and Archaeological Items and (A) Alphabetical Entry by Street the following items:

Pittwater Road (from Denison Street to

Collingwood Street, Manly

House

63 Pittwater Road, Manly

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2002 No 777

Manly Local Environmental Plan 1988 (Amendment No 51)

Amendments

Schedule 1

[7]     Schedule 4

Insert after each item shown in Column 1 below, being matter in the Schedule under the headings Architectural and Archaeological Items and (A) Alphabetical Entry by Street, the matter relating to that item shown in Column 2 below:

Column 1

Column 2

15–17 Pittwater Road, Manly

(Lots 1–5, DP 64980)

25 and 27 Pittwater Road, Manly

(Lot 2, DP 226667 and Lot 1,

DP 515956)

35–49 Pittwater Road, Manly

(Lots 1–8, DP 233249)

61 Pittwater Road, Manly

(Lot 1, DP 1024498)

77 Pittwater Road, Manly

(Lot 1, DP 503181)

210–214 Pittwater Road, Manly

(Lots 3–5, DP 107720)

216–218 Pittwater Road, Manly

(Lots 1 and 2, DP 107720)

226 Pittwater Road, Manly

(Lot 1, DP 798037)

[8]     Schedule 4

Insert at the end of the matter under the headings Landscape Items and (B) Alphabetical Entry by Park, Reserve etc in the Schedule the following item:

Natural escarpment

Kangaroo Park

[9]     Schedule 4

Insert at the end of the matter under the heading CONSERVATION AREA in the Schedule:

The Pittwater Road Conservation Area

BY AUTHORITY

Page 7

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