Newcastle Local Environmental Plan 2003 (Amendment No 2) (2005-573) [GG No 116 of 16.9.2005, p 7494] (NSW)
2005 No 573
| New South Wales |
Newcastle Local Environmental Plan
2003 (Amendment No 2)
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. (N04/00076/PC)
FRANK SARTOR, M.P.,
Minister for Planning
| Published in Gazette No 116 of 16 September 2005, page 7494 | Page 1 |
| 2005 No 573 |
| Clause 1 | Newcastle Local Environmental Plan 2003 (Amendment No 2) |
Newcastle Local Environmental Plan 2003 (Amendment
No 2)
under the
Environmental Planning and Assessment Act 1979
1 Name of plan
This plan is Newcastle Local Environmental Plan 2003 (Amendment
No 2).
2 Aims of plan
This plan aims to amend Newcastle Local Environmental Plan 2003 to enable development for the purposes of seniors housing to be carried out with development consent in accordance with State Environmental Planning Policy (Seniors Living) 2004 on the land to which this plan applies.
3 Land to which plan applies
This plan applies to Lot 5, DP 654265, known as 138 Lake Road, Elermore Vale, as shown edged heavy black on the map marked “Newcastle Local Environmental Plan 2003 (Amendment No 2)” deposited in the office of Newcastle City Council.
4 Amendment of Newcastle Local Environmental Plan 2003
Newcastle Local Environmental Plan 2003 is amended as set out in
Schedule 1.
2005 No 573
Newcastle Local Environmental Plan 2003 (Amendment No 2)
| Amendments | Schedule 1 |
| Schedule 1 | Amendments |
(Clause 4)
[1] Clause 26A
Insert after clause 26:
|
| (1) | Nothing in this plan prevents a person, with the consent of the consent authority, from carrying out development on land referred to in Schedule 8 for a purpose specified in relation to that land in that Schedule, subject to such conditions (if any) as are so specified. |
| (2) | Subclause (1) does not affect the application to or in respect of development to which this clause applies of such of the provisions of this plan as are not inconsistent with that subclause or with a consent granted by the consent authority in respect of the development. |
[2] Schedule 8
Insert after Schedule 7:
|
(Clause 26A)
| Lot 5, DP 654265, | Seniors housing (within the meaning of State Environmental | ||
| known as 138 Lake | Planning Policy (Seniors Living) 2004), comprising a | ||
| Road, Elermore Vale, | residential care facility with a maximum capacity of 120 beds, | ||
| as shown edged | subject to the following conditions: | ||
| heavy black on the |
| ||
| map marked |
| “Newcastle Local | (Seniors Living) 2004 as if that policy (clause 4 |
| Environmental Plan | excepted) applied to the land, |
| 2003 (Amendment | (b) | the making of a development application to the |
| No 2)” | Council within 5 years after the date of gazettal of Newcastle Local Environmental Plan 2003 (Amendment No 2), | |
| (c) | an appropriate Asset Protection Zone (APZ), as determined by the NSW Rural Fire Service, to be provided wholly within the boundaries of the land. | |
| BY AUTHORITY |
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