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