Mudgee Local Environmental Plan 1998 (Amendment No 1) (2003-656) [GG No 137 of 5.9.2003, p 9158] (NSW)
2003 No 656
| New South Wales |
Mudgee Local Environmental Plan
1998 (Amendment No 1)
under the
Environmental Planning and Assessment Act 1979
I, the Minister Assisting the Minister for Infrastructure and Planning (Planning Administration), make the following local environmental plan under the Environmental Planning and Assessment Act 1979. (S99/00541/S69)
DIANE BEAMER, M.P.,
Minister Assisting the Minister for Infrastructure
and Planning (Planning Administration)
| Published in Gazette No 137 of 5 September 2003, page 9158 | Page 1 |
| 2003 No 656 |
| Clause 1 | Mudgee Local Environmental Plan 1998 (Amendment No 1) |
Mudgee Local Environmental Plan 1998 (Amendment
No 1)
under the
Environmental Planning and Assessment Act 1979
1 Name of plan
This plan is Mudgee Local Environmental Plan 1998 (Amendment
No 1).
2 Aims of plan
This plan aims to amend Mudgee Local Environmental Plan 1998:
| (a) | to clarify the interpretation of that Plan, and |
| (b) | to amend the landuse table to Part 2 of that Plan to recognise new definitions, and |
| (c) | to amend the objectives of Zone No 3 (a) to include an additional objective that indicates Mudgee Shire Council’s intention to concentrate major commercial undertakings within the local government area of Mudgee in the central business district of the town of Mudgee, and |
| (d) | to amend the objectives of Zone No 4 (b) (Light Industrial), and |
| (e) | to rezone Lot 1, D.P. 1006125 from Zone No 1 (a) (General Rural) to Zone No 5 (a) (Special Uses-Water Supply), and |
| (f) | to rezone part of Lot 11, D.P. 1031670, as shown edged heavy black on the map marked “Mudgee Local Environmental Plan 1998 (Amendment No 1)” held in the office of Mudgee Shire Council, from Zone No 4 (a) (Industrial) to Zone No 4 (b) (Light Industrial), and |
| (g) | to overcome anomalies within that Plan through numerous minor amendments. |
3 Land to which plan applies
This plan applies to all land within the Mudgee local government area.
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2003 No 656
| Mudgee Local Environmental Plan 1998 (Amendment No 1) | Clause 4 |
4 Amendment of Mudgee Local Environmental Plan 1998
Mudgee Local Environmental Plan 1998 is amended as set out in
Schedule 1.
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2003 No 656
Mudgee Local Environmental Plan 1998 (Amendment No 1)
| Schedule 1 | Amendments |
Schedule 1 Amendments
(Clause 4)
[1] Clause 6 Interpretation
Insert in alphabetical order in clause 6 (1):
brothel means any premises made available for the purpose of prostitution by a person carrying on the business of providing prostitution services at the premises, and, for the purposes of this definition, prostitution means the provision by a person or persons (whether or not of a different sex) of sexual services in return for payment or other reward.
bulky goods sales room or showroom means a building or place used for the sale by retail or auction, or hire or display, of items (whether goods or materials) which are of such a size, shape or weight as to require:
| (a) | a large area for handling, storage or display, or |
| (b) | direct vehicular access to the site of the building or place by members of the public for the purpose of loading items into or onto their vehicles after purchase, |
but does not include a building or place used for the sale of
foodstuffs or clothing.
major commercial premises means a building or place used as an office or other business for commercial purposes, being a building or place having a gross floor area exceeding 2,500 metres but does not include major retail premises.
major retail premises means:
| (a) | a supermarket or department store, or |
| (b) | a shop or group of adjoining shops (other than bulky goods sales rooms or showrooms) having, or together having, a gross floor area exceeding 2,500 square metres. |
[2] Clause 6 (1), definition of “the map”
Insert at the end of the definition:
Mudgee Local Environmental Plan 1998 (Amendment No 1)
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2003 No 656
Mudgee Local Environmental Plan 1998 (Amendment No 1)
| Amendments | Schedule 1 |
[3] Part 2, Table
Insert “bulky goods sales rooms or showrooms;”, “major commercial premises;” and “major retail premises;” in appropriate order in item 5 of the matter relating to Zones Nos 1 (a), 1 (a1), 1 (c1), 1 (c2), 2 (a), 2 (c), 2 (v) and 7 (a).
[4] Part 2, Table
| Insert “brothels;” in appropriate order in item 5 of the matter relating to Zones Nos 1 (a), 1 (a1), 1 (c1), 1 (c2), 2 (a), 2 (c), 2 (v), 3 (a) and 7 (a). |
[5] Part 2, Table
Insert after item 1 (a) of the matter relating to Zone No 3 (a):
| (a1) | to concentrate major commercial undertakings within the local government area of Mudgee in the central business district of the town of Mudgee, and |
[6] Part 2,Table
| Insert “brothels;” in appropriate order in item 4 of the matter relating to Zone No 4 (a). |
[7] Part 2, Table
| Omit “Nil” from item 5 of the matter relating to Zone No 4 (a). Insert instead: |
Development for the purpose of—bulky goods sales rooms or showrooms; major commercial premises; major retail premises.
[8] Part 2, Table
Insert at the end of item 1 (d) of the matter relating to Zone No 4 (b):
, and
| (e) | to enable development of non-industrial uses, such as bulky goods sales rooms or showrooms, along Sydney Road to promote the improvement of the visual aesthetics of the entrance to the town of Mudgee, whilst recognising the dominant retailing role of the central business district of the town. |
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Mudgee Local Environmental Plan 1998 (Amendment No 1)
| Schedule 1 | Amendments |
[9] Part 2, Table
Insert “bulky goods sales rooms or showrooms;” and “major commercial premises;” in appropriate order in item 4 of the matter relating to Zone No 4 (b).
[10] Part 2, Table
| Omit “Nil.” from item 5 of the matter relating to Zone No 4 (b). Insert instead: |
Development for the purpose of—brothels; major retail premises; shops (unless ancillary to development permitted in the zone or catering to the local needs of the industrial area).
[11] Part 2, Table
| Omit “Nil.” from item 5 of the matter relating to Zone No 5 (a). Insert instead: |
Development for the purpose of—brothels; bulky goods sales rooms or showrooms; major commercial premises; major retail premises.
[12] Clause 19 Subdivision of land within Zones Nos 7 (a), 7 (b) and 7 (h)
Insert at the end of the clause:
(2) Despite subclause (1), the Council may consent to the subdivision of land within Zone No 7 (a), 7 (b) or 7 (h) for the purpose of a minor boundary adjustment between 2 allotments if no additional allotment is created.
[13] Clause 20 Dwellings on land within Zones Nos 1 (a), 1 (a1), 1 (c1), 1 (c2), 2 (a), 2 (c), 2 (v), 7 (b) and 7 (h)
Insert after clause 20 (3) (c) (ii):
(iii) on an aggregated area of land listed in Schedule 3, or
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Mudgee Local Environmental Plan 1998 (Amendment No 1)
| Amendments | Schedule 1 |
[14] Clause 20 (3) (k)
Insert at the end of clause 20 (3) (j):
, or
| (k) | on land within Zone No 1 (a) or 1 (a1) on an allotment that has an area of not less than 40 hectares and that was in existence as a separate lot, portion or parcel of land as at 11 February 1985, and was separately owned from any adjoining or adjacent lands as at that date. |
[15] Clause 20 (6)
Insert after clause 20 (5):
| (6) | Subclause (3) (k) ceases to have effect 3 years after the commencement of Mudgee Local Environmental Plan 1998 (Amendment No 1). |
[16] Clause 46
Insert after clause 45:
46 Brothels
A person must not carry out development for the purpose of a brothel on land within Zone No 4 (a) within 100 metres of a church, hospital, school or any place regularly frequented by children for recreational or cultural activities.
[17] Schedule 2 Aggregated areas
Insert in appropriate order in the Schedule:
13 Lot 2, DP 1006125, Parish of Guntawang
[18] Schedule 3
Insert after Schedule 2:
|
1 Lots 53, 91, 105, 158-163 (inclusive), 227, 228, 230 and 249, DP 755433, Parish of Gulgong
BY AUTHORITY
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