Orange Local Environmental Plan 2000 (Amendment No 5) (2007-586) Gazette No 180 of 7 December 2007, page 9442 (NSW)

2007 No 586

New South Wales

Orange Local Environmental Plan 2000

(Amendment No 5)

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. (DUB0108723/PC)

FRANK SARTOR, M.P.,

Minister for Planning

Published in Gazette No 180 of 7 December 2007, page 9442	Page 1
2007 No 586

Clause 1 Orange Local Environmental Plan 2000 (Amendment No 5)

Orange Local Environmental Plan 2000 (Amendment

No 5)

under the

Environmental Planning and Assessment Act 1979

1      Name of plan

This plan is Orange Local Environmental Plan 2000 (Amendment

No 5).

2      Aims of plan

This plan aims to amend Orange Local Environmental Plan 2000 (the

2000 plan) so as:

(a)	to allow, with the consent of Orange City Council, development to be carried out on certain land for specified additional uses, and
(b)	to update references to the date that the Council adopted a recently amended Orange Development Control Plan 2004, and
(c)	to define exempt and complying development by reference to Orange Development Control Plan 2004, and
(d)	to rezone certain land from Zone 2 (a) Urban Residential to Zone 3 (b) Business Services, and
(e)	to effect minor law revision.

3      Land to which plan applies

(1)

With respect to the aim referred to in clause 2 (a), this plan applies to

the following land:

(a)	Lot 25, DP 986204, Shepherd Road, Spring Creek,
(b)	Lot 2, DP 152541, 108–110 Bathurst Road, Orange,
(c)	Lot 1, DP 105223, 95 Prince Street, Orange,
(d)	Lot 121, DP 712215, Leeds Parade, Orange,
(e)	Lot 1, DP 591927, 48 Peisley Street, Orange,
(f)	Lot 4, DP 270204, 168–200 Lone Pine Avenue, Orange.

(2)

With respect to the aims referred to in clause 2 (b), (c) and (e), this plan

applies to all land under the 2000 plan.

2007 No 586

Orange Local Environmental Plan 2000 (Amendment No 5) Clause 4

(3) With respect to the aim referred to in clause 2 (d), this plan applies to Lot 507, DP 712206, 52–54 Bathurst Road, Orange and Lot 3, DP 37362, 27 Eyles Street, Orange, as shown coloured mid blue on the map marked “Orange Local Environmental Plan 2000 (Amendment No 5)” deposited in the office of Orange City Council.

4 Amendment of Orange Local Environmental Plan 2000

Orange Local Environmental Plan 2000 is amended as set out in

Schedule 1.

2007 No 586

Orange Local Environmental Plan 2000 (Amendment No 5)

Schedule 1 Amendments

Schedule 1 Amendments

(Clause 4)

[1]      Clause 20 Exempt development

Omit clause 20 (1). Insert instead:

(1)

Development of minimal environmental impact listed in Part

16.1 of DCP 2004 is exempt development.

[2]      Clause 20 (2) (c)

Omit “Orange Development Control Plan 1/99—Exempt and Complying

Development as adopted by the Council on 5 December 2002”.

Insert instead “DCP 2004”.

[3]      Clause 22 Complying development

Omit clause 22 (1). Insert instead:

(1)

Development listed in Part 16.2 of DCP 2004 is complying

development.

[4]      Clause 22 (2) (b) and (b1)

Omit clause 22 (2) (b). Insert instead:

(b)

it is local development of a kind that can be carried out with consent on the land on which it is proposed, and

(b1)

it is not an existing use, as defined in section 106 of the

Act, and

[5]      Clause 22 (2) (c) and (3) (a)

Omit “Orange Development Control Plan 1/99—Exempt and Complying Development adopted by the Council on 5 December 2002” wherever occurring.

Insert instead “DCP 2004”.

[6]      Clause 22 (4)

Omit “Orange Development Control Plan 1/99—Exempt and Complying

Development adopted by the Council on 5 December 2002”.

Insert instead “Part 16.3 of DCP 2004”.

2007 No 586

Orange Local Environmental Plan 2000 (Amendment No 5)

Amendments Schedule 1

[7]      Clause 51 General controls for Zone 3 (b) (Business Services Zone)

Omit “shops subject to Schedule 5” from clause 51 (2) (b).

Insert instead “shops”.

[8]      Clause 87 General terms

Insert in alphabetical order:

DCP 2004 means Orange Development Control Plan 2004, as adopted by the Council on 7 June 2007.

[9]      Clause 87, definition of “The Map”

Insert in appropriate order:

Orange Local Environmental Plan 2000 (Amendment No 5)

[10]      Schedule 1 Additional uses

Insert after item 11 under the headings “Ref”, “Address”, “Property

Description” and “Development”, respectively:

12 Shepherd Road, Lot 25 DP 986204 Development for the purpose

Spring Creek

of a dwelling ancillary to an

existing intensive plant

nursery and orchard

13	108–110 Bathurst	Lot 2 DP 152541	Development for the purpose
Road, Orange	of an office
14	95 Prince Street,	Lot 1 DP 105223	Development for the purpose
Orange	of an office
15	Leeds Parade,	Lot 121 DP 712215	Development for the purpose
Orange	of bulk retail, subject to the condition that the site is provided with vehicular access from Leeds Parade
16	48 Peisley Street,	Lot 1 DP 591927	Development for the purpose
Orange	of a liquor store

2007 No 586

Orange Local Environmental Plan 2000 (Amendment No 5)

Schedule 1 Amendments

17	168–200 Lone	Lot 4 DP 270204	Development for the purpose
Pine Avenue,	of a discount variety store,
Orange	being a building or place used for the sale by retail or auction, or the hire or display of a wide range of discounted general merchandise, subject to the following conditions:
(a) the maximum area of the store does not exceed 3,200m2, (b) the sale of clothing

the area set aside for exceed 95m2,

(c) the area set aside for the sale of food and groceries does not

exceed 250m2,

(d)

convenient and direct vehicular access to the store is provided,

being access that is

designed to enable the

goods to be collected

by customers after

sale.

[11]      Schedules 3 (Exempt development) and 5 (Complying development)

Omit the Schedules.

BY AUTHORITY