Port Stephens Local Environmental Plan 2000 (Amendment No 9) (2003-658) [GG No 137 of 5.9.2003, p 9167] (NSW)

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2003 No 658

New South Wales

Port Stephens Local Environmental

Plan 2000 (Amendment No 9)

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. (N02/00239/PC)

DIANE BEAMER, M.P.,

Minister Assisting the Minister for Infrastructure

and Planning (Planning Administration)

Published in Gazette No 137 of 5 September 2003, page 9167

Page 1

2003 No 658

Clause 1

Port Stephens Local Environmental Plan 2000 (Amendment No 9)

Port Stephens Local Environmental Plan 2000

(Amendment No 9)

under the

Environmental Planning and Assessment Act 1979

1      Name of plan

This plan is Port Stephens Local Environmental Plan 2000

(Amendment No 9).

2      Aims of plan

This plan aims to amend Port Stephens Local Environmental

Plan 2000:

(a)

to remove a number of inappropriate land uses currently permissible in Zones Nos 1 (a) (Rural Agriculture “A” Zone), 2 (a) (Residential “A” Zone) and 2 (c) (Residential “C” Zone) to enhance consistency with the zoning objectives, and

(b)

to allow development for the purpose of a hotel or restaurant as a permissible land use in Zone No 1 (a) (Rural Agriculture “A” Zone) only if it is carried out in conjunction with tourist facilities, and

(c)

to modify the current definition of retail plant nursery to include premises also used for the sale of landscaping supplies and other landscaping or horticultural products, and

(d)

to omit redundant provisions.

3      Land to which plan applies

This plan applies to all land in the local government area of Port

Stephens.

4 Amendment of Port Stephens Local Environmental Plan 2000

Port Stephens Local Environmental Plan 2000 is amended as set out in Schedule 1.

Page 2

2003 No 658

Port Stephens Local Environmental Plan 2000 (Amendment No 9)

Amendments

Schedule 1

Schedule 1 Amendments

(Clause 4)

[1]      Clause 11 Rural zonings

Insert in alphabetical order in item 5 of the matter relating to Zone No 1 (a) (Rural Agriculture “A” Zone) in the development control table to the clause:

bus stations,

• depots,

material recycling facilities,

places of assembly,

road transport terminals,

[2]      Clause 14A

Insert after clause 14:

14A

Hotels and restaurants in Zone No 1 (a)

(1)

This clause applies to land within Zone No 1 (a).

(2)

Despite any other provision of this plan, the consent authority must not consent to development of any land to which this clause applies for the purpose of a hotel or restaurant unless the development is in conjunction with a tourist facility.

[3]      Clause 16 Residential zonings

Insert in alphabetical order in item 5 of the matter relating to Zone No 2 (a)

(Residential “A” Zone) in the development control table to the clause:

bus stations,

camp or caravan sites,

• clubs,

places of assembly,

[4]      Clause 16, development control table

Insert in alphabetical order in item 5 of the matter relating to Zone No 2 (c)

(Residential “C” Zone):

• clubs,

retail plant nurseries,

Page 3

2003 No 658

Port Stephens Local Environmental Plan 2000 (Amendment No 9)

Schedule 1

Amendments

[5]      Clause 62 Particular development permitted with consent

Omit the following from the Table to clause 62:

Lot 8, DP 822162,

Service station and

Development consent

corner Lavis Lane and

associated restaurant

must be granted within

Nelson Bay Road,

and convenience store.

one year after the

Williamtown

appointed day.

Lot 1 DP 158268, No 3

Service station and

Development consent

Richardson Road, Lots

associated shops and

must be granted within

6 and 7 DP 240103, Nos

restaurant.

3 years after the date on

5 and 7 Richardson

which Port Stephens

Road, Lots 20 and 23

Local Environmental

DP 240103, No 2 and

Plan 1987 (Amendment

No 4 Road 559, new

No 123) took effect.

M.R. 518, Salt Ash

Lot 1, DP 854649—

Service Centre,

Development consent

No 183 Cabbage Tree

including service station

must be granted within

Road, Williamtown, as

and associated shops

3 years after the date on

shown edged heavy

and restaurant.

which Port Stephens

black on the map

Local Environmental

marked Port Stephens

Plan 1987 (Amendment

Local Environmental

No 114) took effect.

Plan 1987 (Amendment

No 114)

[6]     Dictionary

Omit the definition of retail plant nursery.

Insert instead:

retail plant nursery means a building or place primarily used for the retail selling of plants, whether or not it is also used for the sale of landscaping supplies (including earth products) or other landscaping and horticultural products.

BY AUTHORITY

Page 4

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