Newcastle Local Environmental Plan 2003 (Amendment No 2) (2005-573) [GG No 116 of 16.9.2005, p 7494] (NSW)

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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:

26A

Development for certain additional purposes

(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:

Schedule 8

Development for certain additional

purposes

(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

(a)

compliance with State Environmental Planning Policy

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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