Ryde Local Environmental Plan No 110 (2003-492) [GG No 114 of 18.7.2003, p 7397] (NSW)

2003 No 492

New South Wales

Ryde Local Environmental Plan No 110

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. (S00/00615/S69)

DIANE BEAMER, M.P.,

Minister Assisting the Minister for Infrastructure

and Planning (Planning Administration)

Published in Gazette No 114 of 18 July 2003, page 7397	Page 1
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2003 No 492

Clause 1 Ryde Local Environmental Plan No 110

Ryde Local Environmental Plan No 110

1     Name of plan

This plan is Ryde Local Environmental Plan No 110.

2     Aims of plan

This plan aims:

(a)

to retain the “urban village” character of identified centres within the City of Ryde, by maintaining the following characteristics:

(i)	a height and scale of buildings that is compatible with the human scale,
(ii)	a positive relationship between buildings and the public domain,
(iii)	mixed land uses that add vitality and interest at all times and that provide opportunity for living and working in the centre or having proximity to a major transport node,
(iv)	providing a focal point and conveying a sense of local community identity,
(v)	providing cohesive centres, with attractive and pleasant pedestrian links, spaces and places for public enjoyment, and

(b)

to promote each urban village as a niche commercial area to increase viability and vitality and to build on each village’s existing specialist commodity groups so as to give each centre a point of difference and increase its attractiveness to a wider retail catchment, and

(c)

to promote the accessibility of each urban village through:

(i)	the enhancement of pedestrian safety and amenity, and
(ii)	improved pedestrian links within the village, and
(iii)	the management of traffic speed and flow through the village, and
(iv)	the encouragement of public transport and alternatives to private vehicles, and

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(d)

to increase vitality and activity in each urban village through:

(i)	the encouragement of commercial and retail development in appropriate locations, and
(ii)	increased residential development within the village, and
(iii)	the encouragement of street activities, and

(e)

to encourage safe and attractive urban villages, and

(f)

to incorporate the principles of ecologically sustainable development, and

(g)

to ensure that the redevelopment of certain land at Eastwood has regard to the need to minimise risks to persons or property from stormwater inundation.

3     Land to which plan applies

This plan applies to land edged with a broken black line on the map marked “Ryde Local Environmental Plan No 110—Eastwood Urban Village” and edged with a blue line on the map marked “Ryde Local Environmental Plan No 110—West Ryde Urban Village” deposited in the office of Ryde City Council.

4     Amendment of Ryde Planning Scheme Ordinance

Ryde Planning Scheme Ordinance is amended as set out in Schedule 1.

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Ryde Local Environmental Plan No 110

Schedule 1 Amendments

Schedule 1 Amendments

(Clause 4)

[1]     Clause 3 Interpretation

Insert at the end of the definition of scheme map in clause 3 (1):

Ryde Local Environmental Plan No 110—Eastwood Urban

Village

[2]     Clause 51 Floor space ratios

Omit “and 3 (uv)” from the Table to the clause.

[3]     Clauses 51A–51E

Omit clause 51A. Insert instead:

51A Development in certain urban villages

(1)

This clause applies to the following land:

(a)	land shown edged with a broken black line on the map marked “Ryde Local Environmental Plan No 110— Eastwood Urban Village” deposited in the office of the Council,
(b)	land shown edged with a blue line on the map marked “Ryde Local Environmental Plan No 110—West Ryde Urban Village” deposited in the office of the Council.

(2) When considering any application for consent to carry out development of any land to which this clause applies the Council must take into consideration:

(a)

the planning principles set out in Schedule 17, and

(b)

the following objectives:

(i)	to create a safe and attractive environment for pedestrians,
(ii)	to create a mixed use precinct with emphasis on uses that promote pedestrian activity and safety at ground level,

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(iii)      to create a precinct that contains opportunities and facilities for living, working, commerce, leisure, culture, community services, education and spiritual nurture,

(iv)       to increase the number of people living within walking distance of high frequency public transport services,

(v)        to increase the use of public transport.

(3) When preparing any development control plan relating to land to which this clause applies, the Council must take into consideration the planning principles set out in Schedule 17.

51B

Floor space ratios in West Ryde Urban Village

(1)	Except as provided by this clause, the ratio of the total floor space of any buildings on a site comprised of land shown edged with a broken line on the floor space map to that site area must not exceed the maximum floor space ratio identified on that map in relation to the land.
(2)	The Council may consent to development of land to which this clause applies that results in a floor space ratio in excess of that permitted under subclause (1) if:

(a)

the Council is satisfied that the development:

(i)	will create a safe and attractive environment for pedestrians, and
(ii)	will create a mixed use precinct with emphasis on uses that promote pedestrian activity and safety at ground level, and
(iii)	will create a precinct that contains opportunities and facilities for living, working, commerce, leisure, culture, community services, education and spiritual nurture, and
(iv)	will increase the number of people living within walking distance of high frequency public transport services, and
(v)	will increase the use of public transport, and

(b)

in the Council’s opinion, the development is not likely to significantly adversely affect the operation of the surrounding local road network, and

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(c) the Council has had regard to any development control plan applying to the land.

(3) In this clause:

the floor space map means the map marked “Ryde Local Environmental Plan No 110—West Ryde Urban Village Floor Space Map” deposited in the office of the Council.

51C Height of buildings within Eastwood Urban Village

The Council must not consent to the erection of a building on land shown edged with a broken black line on the map marked “Ryde Local Environmental Plan No 110—Eastwood Urban Village Height Map” deposited in the office of the Council if the height of the building exceeds the maximum height shown for the land on that map.

51D

Development intensification restricted in special area

(1) This clause applies to land identified as “Development Intensification Restricted” and coloured red on the map marked “Ryde Local Environmental Plan No 110—Eastwood Urban Village Special Areas Map” deposited in the office of the Council.

(2) Despite any other provision of this Ordinance, the Council must not grant consent to the carrying out of development of land to which this clause applies that would increase the intensity of use of the land unless the Council is satisfied that the extent of stormwater inundation of the land, and the access to the land, during the estimated 100 year ARI (Average Recurrence Interval) stormwater inundation event would not constitute a hazard, or increase a hazard, to persons or property.

51E

Development intensification constrained in special area

(1) This clause applies to land identified as “Development Intensification Constrained” and coloured pink on the map marked “Ryde Local Environmental Plan No 110—Eastwood Urban Village Special Areas Map” deposited in the office of the Council.

(2) Despite any other provision of this Ordinance, the Council

must not grant consent to the carrying out of development of

land to which this clause applies that would increase the

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intensity of use of land unless the Council is satisfied that if any conditions to which development consent is subject were to be complied with, the extent of stormwater inundation of the land during the estimated 100 year ARI (Average Recurrence Interval) stormwater inundation event would not constitute a hazard, or increase a hazard, to persons or property.

[4]     Clause 83

Insert after clause 82:

83     Notes in text

Matter that appears in this Ordinance under the heading “Note” is an explanatory note and does not form part of this Ordinance. It is provided to assist understanding.

[5]     Schedule 17

Insert in appropriate order:

Schedule 17 Planning principles for urban villages

(Clause 51A)

1     Regional role

(1)

Development should contribute to the status of the land as an

important business, employment and residential location.

(2) Development is to promote a compact working and living environment to maximise the efficient use of resources and infrastructure provision.

2     Integrated planning and development

(1) Planning and development is to ensure that social, economic, environmental and urban design issues are considered together and with proper regard for their mutual and cumulative impacts.

(2) All planning, design and development activities must take account of and effectively respond to the linkages and interfaces between public space and private land.

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3     Public domain

(1)

Development is to define and contribute to the public domain so as to create a high quality physical setting for buildings, which is safe and accessible and can be enjoyed by shoppers, residents and workers.

(2)

Development of the public domain is to enhance the integration

between individual precincts and their surrounding areas.

(3) Public space areas should be set aside for public use and enjoyment. Development that enhances the enjoyment of these public spaces, such as kiosks, restaurants and recreation facilities, is to be encouraged.

(4) Car parking facilities should be set back away from the public spaces and should not prejudice pedestrian and cycle use of the public space.

(5) Public streets and spaces should be created generally in accordance with:

(a)	the Eastwood Master Plan prepared by the Council, in relation to land shown edged with a broken black line on the map marked “Ryde Local Environmental Plan No 110—Eastwood Urban Village” deposited in the office of the Council,
(b)	the West Ryde Master Plan prepared by the Council, in relation to land shown edged with a blue line on the map marked “Ryde Local Environmental Plan No 110—West Ryde Urban Village” deposited in the office of the Council.

4     Urban form

(1) Urban form is to reflect its location in relation to transport nodes, existing residential and commercial precincts, be architecturally rich and diverse, define and enhance the public domain and allow for mixed uses.

(2)

Building form within specified blocks is to be articulated both in height and mass to provide interest, resolve urban design and environmental issues and satisfy other planning principles in this Schedule.

(3)

Buildings are to be of high quality and adaptable to a variety of

uses over time, to ensure their long life.

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(4) Buildings are to support and be integrated into the public domain network to achieve coherence and purpose.

(5) The integrity of heritage items and significant landscape elements is to be protected and enhanced.

5     Land use mix

(1) Development is to provide a variety of housing types and employment-based activities and contribute to the creation of a range of precincts with character.

(2) Development is to contribute to an integrated mixed use development pattern (both vertical and horizontal) containing a wide range of housing, employment and recreational opportunities.

(3) Development is to facilitate the increase and diversity of employment opportunities, which are to be compatible with achieving a high quality mixed shopping, living and working environment.

6     Transport and access

(1) Development is to promote the reduction of motor vehicle dependency and actively encourage the use of public transport, walking and cycling.

(2) An accessible environment for people with disabilities and mobility difficulties is to be created to ensure access equity.

(3) The intensity of development is to be in accordance with the capacity of existing and proposed public transport and road systems.

(4) Parking provision is to acknowledge accessibility by foot, bicycle and public transport.

7     Environmental performance

(1) Development is to create a safe and comfortable environment for shoppers, residents and workers in both the private and public space, by “best practice” design to ensure buildings and spaces achieve maximum environmental performance and minimum resources use.

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(2)

Development is to be designed having regard to the following:

(a)	wind effect,
(b)	reflectivity,
(c)	noise attenuation,
(d)	solar access and energy conservation,
(e)	water conservation and re-use,
(f)	stormwater management,
(g)	use of recycled materials,
(h)	waste reduction.

(3)

The development of public spaces is to contribute to greater bio-diversity, habitat protection and enhancement and better air and water quality.

BY AUTHORITY

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