Rockdale Local Environmental Plan 2011 (Amendment No 8) (2015-279) LW 5 June 2015 (NSW)

New South Wales

Rockdale Local Environmental Plan 2011

(Amendment No 8)

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.

STEPHEN KERR, DIRECTOR—CITY PLANNING & DEVELOPMENT,

ROCKDALE CITY COUNCIL

As delegate for the Minister for Planning

Rockdale Local Environmental Plan 2011 (Amendment No 8)

under the

Environmental Planning and Assessment Act 1979

1      Name of Plan

This Plan is Rockdale Local Environmental Plan 2011 (Amendment No 8).

2      Commencement

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

3      Land to which Plan applies

(1)

To the extent this Plan adds to the objectives for Zone B2 Local Centre, the Plan

applies to all the land in Zone B2 Local Centre.

(2)

To the extent this Plan alters the permitted height of buildings, the Plan applies to all the land identified as “Area G”, “Area H”, “Area I” and “Area J” on the Rockdale Local Environmental Plan 2011 Height of Buildings Map.

(3)

To the extent this Plan alters the permitted floor space ratio of buildings, the Plan applies to all the land that was previously identified as “Area A” on the Rockdale Local Environmental Plan 2011 Floor Space Ratio Map and on a lot having an area of at least 1,500 square metres.

(4)

To the extent this Plan alters exceptions to development standards, the Plan applies to all land to which clauses 4.3 (2A) and 4.4 (2A)–(2D) of Rockdale Local Environmental Plan 2011 apply.

(5)

To the extent this Plan requires an architectural design competition, the Plan applies to all the land identified in the Rockdale Local Environmental Plan 2011 Design Excellence Map.

(6)

To the extent this Plan permits additional uses on land, the Plan applies to land at

564–570 Princes Highway and 75–81 Railway Street, Rockdale.

(7)

To the extent this Plan inserts types of exempt development, the Plan applies to all

the land to which Rockdale Local Environmental Plan 2011 applies

4      Maps

The maps adopted by Rockdale 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 Rockdale Local Environmental

Plan 2011

[1]      Land Use Table

Omit the last objective of the zone from item 1 of Zone B2 Local Centre. Insert instead:

• To accommodate population growth through high density mixed use development that complements the role of retail, commercial, civic and cultural premises in the Rockdale town centre.

• To create a lively Rockdale town centre with an amenable and pedestrian focused public domain activated by building uses that engage with the street.

[2]      Clause 4.3 Height of buildings

Insert after clause 4.3 (2A) (e):

(f)	9 metres—if the building is in Area G identified on the Height of Buildings Map and on a lot having an area of at least 1,000 square metres,
(g)	12 metres—if the building is in Area H identified on the Height of Buildings Map and on a lot having an area of at least 2,000 square metres,
(h)	3 metres—if the building is in Area I identified on the Height of Buildings Map and on a lot having an area of at least 1,000 square metres,

(i)      9 metres—if the building is in Area J identified on the Height of Buildings Map and on a lot having an area of at least 2,000 square metres.

[3]      Clause 4.6 Exceptions to development standards

Insert “, unless it is for a demonstrable public benefit, such as the provision of pedestrian links” after “(2D)” in clause 4.6 (8) (ca).

[4]      Clause 6.14

Insert after clause 6.13:

6.14 Design excellence

(1)

The objective of this clause is to deliver the highest standard of architectural,

urban and landscape design.

(2)

This clause applies to the following development:

(a)	development that is the erection of a new building on land bounded by a heavy black line on the Design Excellence Map,
(b)	development that is the subject of a development application that relies on clause 4.3 (2A) (a), (f), (g), (h) or (i).

(3)

Development consent must not be granted to development to which this clause

applies unless:

(a)	an architectural design competition that is consistent with the Design Excellence Guidelines has been held in relation to the development, and
(b)	the consent authority considers that the development exhibits design excellence.

(4)

An architectural design competition is not required under subclause (3) if the consent authority is satisfied that such a process would be unreasonable or unnecessary in the circumstances.

(5)

In deciding whether to grant development consent to development to which this clause applies, the consent authority must take into consideration the results of the architectural design competition.

(6)

In this clause:

architectural design competition means a competitive process conducted in

accordance with the Design Excellence Guidelines.

Design Excellence Guidelines means the Design Excellence Guidelines adopted by the Council and in force at the commencement of Rockdale Local Environmental Plan 2011 (Amendment No 8), or, if none have been adopted, the Design Excellence Guidelines issued by the Secretary.

Design Excellence Map means the Rockdale Local Environmental Plan 2011

Design Excellence Map.

[5]      Schedule 1 Additional permitted uses

Omit “consent” wherever occurring in subclause (2) of clauses 1–8.

Insert instead “development consent”.

[6]      Schedule 1, clause 6AA

Insert after clause 6:

6AA

Use of certain land at 564–570 Princes Highway and 75–81 Railway Street,

Rockdale

(1)

This clause applies to land at 564–570 Princes Highway and 75–81 Railway

Street, Rockdale, being:

(a)	Lot 11, DP 1074481 and Lot 2, DP 529876, and
(b)	Lot 101, DP 771165, Lot 3, DP 82942, Lot 1, DP 455421 and Lot 1, DP 912313.

(2)

Development for the purpose of residential flat buildings at ground floor is permitted with development consent if the ground floor of the building facing Princes Highway, Railway Street or Parker Street is used for commercial premises.

[7]      Schedule 2 Exempt development

Omit all matter relating to the following:

Real estate signage for lease or sale of property

Bus shelter advertising

Illuminated street signage

Temporary signage for a religious, educational, cultural, social or

recreational event

Advertisement that directs the public to, or informs the public about,

buildings or places of scientific, historic or scenic interest

Wall signage on land in Zone B1 Neighbourhood Centre, Zone B2 Local

Centre, Zone B4 Mixed Use or Zone B6 Enterprise Corridor