Mosman Local Environmental Plan 1998 (Amendment No 11) (2001-777) [GG No 146 of 28.9.2001, p 8325] (NSW)

2001 No 777

Mosman Local EnvironmentalNew South Wales

Plan 1998 (Amendment No 11)

under the

Environmental Planning and Assessment Act 1979

I, the Minister for Urban Affairs and Planning, make the following local environmental plan under the Environmental Planning and Assessment Act 1979. (S01/01017/S69)

ANDREW REFSHAUGE, M.P.,

Minister for Urban Affairs and Planning

Published in Gazette No 146 of 28 September 2001, page 8325	Page 1
[4]
2001 No 777

Clause 1 Mosman Local Environmental Plan 1998 (Amendment No 11)

Mosman Local Environmental Plan 1998

(Amendment No 11)

1 Name of plan

This plan is Mosman Local Environmental Plan 1998 (Amendment

No 11).

2 Aims of plan

This plan aims:

(a)	to correct mapping anomalies relating to zoning that were created during the preparation of Mosman Local Environmental Plan 1998 (the 1998 plan), and
(b)	to correct a mapping anomaly relating to a heritage item, and
(c)	to correct a description of a heritage item, and
(d)	to replace the definition of place of public worship in the 1998 plan with the definition appearing in the Environmental Planning and Assessment Model Provisions 1980, and
(e)	to clarify that Mosman Municipal Council may allow an additional third storey in an existing building in all residential zones where the additional storey comprises an existing basement of the existing building, and
(f)	to provide that when determining a development application involving heritage items classified in Schedule 2 to the 1998 plan as being of State significance, the Council is not required to consider a conservation plan which sets out management constraints for development if, in the opinion of the Council, the proposed development is of a minor nature.

3 Land to which plan applies

(1) To the extent that this plan corrects mapping anomalies relating to zoning, it applies to the land shown by distinctive colouring, edging and lettering on Sheet 1 of the map marked “Mosman Local Environmental Plan 1998 (Amendment No 11)” deposited in the office of Mosman Municipal Council.

2001 No 777

Mosman Local Environmental Plan 1998 (Amendment No 11) Clause 3

(2)

To the extent that this plan corrects a mapping anomaly relating to a heritage item, it applies to the land known as the Elfrida Street Steps, as shown by distinctive colouring on Sheet 2 of that map.

(3)

To the extent that this plan corrects a description of a heritage item, it applies to land known as the “Ythanbank” Flats (otherwise known as “Boxmoor”), 15 Raglan Street, Mosman.

(4)

To the extent that this plan replaces a definition, it applies to all land

within the local government area of Mosman under the 1998 plan.

(5)

To the extent that this plan clarifies that an existing basement in an existing building may be permissible as a third storey, it applies to all land within the residential zones under the 1998 plan.

(6) To the extent that this plan provides for development applications relating to heritage items of State significance, it applies to all land listed in Schedule 2 to the 1998 plan classified as being of State significance.

4 Amendment of Mosman Local Environmental Plan 1998

Mosman Local Environmental Plan 1998 is amended as set out in

Schedule 1.

2001 No 777

Mosman Local Environmental Plan 1998 (Amendment No 11)

Schedule 1 Amendments

Schedule 1 Amendments

(Clause 4)

[1] Clause 13 Height limits in residential zones

Insert “existing” before “basement” in clause 13 (3) (b).

[2] Clause 33 Protection of heritage items and heritage conservation areas

Insert “or unless it is of the opinion that the proposed development is of a minor nature” after “for development” in clause 33 (3) (d).

[3] Schedule 1 Definitions

Insert at the end of the definition of heritage conservation map:

Mosman Local Environmental Plan 1998 (Amendment No

11)—Sheet 2

[4] Schedule 1, definition of “place of public worship”

Omit the definition. Insert instead:

place of public worship means a building or place used for the purpose of religious worship by a congregation or religious group, whether or not the building or place is also used for counselling, social events, instruction or religious training.

[5] Schedule 1, definition of “zoning map”

Insert in appropriate order in the definition:

Mosman Local Environmental Plan 1998 (Amendment No

11)—Sheet 1

[6] Schedule 2 Heritage items

Omit “ ‘Boxmoor’ Flats (formerly ‘Ythanbank’)” from Column 4 in the

matter relating to 15 Raglan Street.

Insert instead “ ‘Ythanbank’, House (formerly known as ‘Boxmoor Flats’)”.

BY AUTHORITY