Port Macquarie-Hastings Local Environmental Plan 2011 (Amendment No 21) (2014-428) LW 4 July 2014 (NSW)

New South Wales

Port Macquarie-Hastings Local

Environmental Plan 2011 (Amendment No 21)

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.

CRAIG SWIFT-McNAIR, GENERAL MANAGER,

PORT MACQUARIE-HASTINGS COUNCIL

As delegate for the Minister for Planning

Port Macquarie-Hastings Local Environmental Plan 2011

(Amendment No 21)

under the

Environmental Planning and Assessment Act 1979

1      Name of Plan

This Plan is Port Macquarie-Hastings Local Environmental Plan 2011 (Amendment

No 21).

2      Commencement

This Plan commences on the day on which it is published on the NSW legislation website.

3      Land to which Plan applies

This Plan applies to the following land, known as the Settlement City Precinct, in

Port Macquarie:

(a)	Lot 106, DP 1083464, 2 Bay Street,
(b)	Lot 4, DP 1018087, 3 Bay Street,
(c)	Lot 638, DP 257052, 20 Park Street,
(d)	Lot 639, DP 257052, 18 Park Street,
(e)	part of Lot 3, DP 263340, Bay Street,
(f)	Lot 1, DP 702484, Bay Street,
(g)	Lot 2, DP 702484, 3 Bay Street,
(h)	Lot 107, DP 1083464, 4 Bay Street,

(i)      Lot 109, DP 1083464, 1 Bay Street,

(j)	Lot 1, DP 1163062, Bay Street,
(k)	Lot 2, DP 1163062, 23 Park Street.

4      Maps

The maps adopted by Port Macquarie-Hastings Local Environmental Plan 2011 are amended or replaced, as the case requires, by the maps approved by the Minister on the making of this Plan.

Schedule 1

Amendment of Port Macquarie-Hastings Local

Environmental Plan 2011

[1]      Clause 7.11A

Insert after clause 7.11:

7.11A

Design excellence

(1) The objective of this clause is to ensure that development exhibits design excellence that contributes to the natural, cultural, visual and built character values of Port Macquarie-Hastings. (2) This clause applies to development involving the erection of a new building, or external alterations or additions to an existing building, on land identified as “Significant Urban Area” on the Significant Urban Areas Map. (3) This clause does not apply to development that the consent authority considers to be minor. (4) Development consent must not be granted for development to which this clause applies unless the consent authority considers that the development exhibits design excellence. (5) In considering whether the development exhibits design excellence, the consent authority must have regard to the following matters:

(a)

whether a high standard of architectural design, materials and detailing appropriate to the building type and location will be achieved,

(b)

whether the form and external appearance of the development will improve the quality and amenity of the public domain,

(c)

whether the development detrimentally impacts on view corridors,

(d)

whether the development incorporates active frontages to key streets and to pedestrian thoroughfares,

(e)

how the development addresses the following matters:

(i)	the suitability of the land for development,
(ii)	existing and proposed uses and use mix,

(iii)	heritage issues and streetscape constraints,
(iv)	the relationship of the development with other development (existing or proposed) on the same site or on neighbouring sites in terms of separation, setbacks, amenity and urban form,
(v)	bulk, massing and modulation of buildings,
(vi)	street frontage heights,

(vii) environmental impacts such as sustainable design,

overshadowing, wind and reflectivity,

(viii)      the achievement of the principles of ecologically sustainable development,

(ix)      pedestrian, cycle, vehicular and service access, circulation and requirements,

(x)      the impact on, and any proposed improvements to, the public domain.

[2]      Dictionary

Insert in alphabetical order:

Significant Urban Areas Map means the Port Macquarie-Hastings Local

Environmental Plan 2011 Significant Urban Areas Map.