Standard Instrument (Local Environmental Plans) Amendment (Low Rise Medium Density Housing) Order 2017 (2018-131) LW 6 April 2018 (NSW)

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New South Wales

Standard Instrument (Local Environmental

Plans) Amendment (Low Rise Medium

Density Housing) Order 2017

under the

Environmental Planning and Assessment Act 1979

DAVID HURLEY, Governor I, General The Honourable David Hurley AC DSC (Ret’d), Governor of New South Wales, with the advice of the Executive Council, and in pursuance of section 33A of the Environmental

Planning and Assessment Act 1979, make the following Order.

Dated, this 13th day of December 2017.

By His Excellency’s Command,

ANTHONY ROBERTS, MP

Minister for Planning

Standard Instrument (Local Environmental Plans) Amendment

(Low Rise Medium Density Housing) Order 2017

under the

Environmental Planning and Assessment Act 1979

1      Name of Order

This Order is the Standard Instrument (Local Environmental Plans) Amendment

(Low Rise Medium Density Housing) Order 2017.

2      Commencement

This Order commences on the commencement of State Environmental Planning

Policy (Exempt and Complying Development Codes) Amendment (Low Rise Medium Density Housing) 2017 and is required to be published on the NSW legislation

website.

Schedule 1

Amendment of standard instrument prescribed

by Standard Instrument (Local Environmental

Plans) Order 2006

[1]      Land Use Table

Insert “Manor houses;” before “Marinas” in Direction 5.

[2]      Land Use Table, Direction 5

Insert “; Multi dwelling housing (terraces)” after “Multi dwelling housing”.

[3]      Land Use Table, Directions 6 and 7

Insert after Direction 5:

Direction 6. Manor houses must be permitted wherever multi dwelling housing is

permitted in the Land Use Table.

Direction 7. Multi dwelling housing (terraces) cannot be prohibited in a zone if multi

dwelling housing is permitted in that zone.

[4]      Land Use Table, Zone R1 General Residential

Insert “Manor houses;” after “Hostels;” in item 3.

[5]      Land Use Table, Zone R3 Medium Density Residential

Insert “Manor houses;” after “Group homes;” in item 3.

[6]      Dictionary

Omit the definition of multi dwelling housing. Insert in alphabetical order:

manor house means a building containing 3 or 4 dwellings, where:

(a)

each dwelling is attached to another dwelling by a common wall or floor, and

(b)

at least 1 dwelling is partially or wholly located above another dwelling, and

(c)

the building contains no more than 2 storeys (excluding any basement).

Note. Manor houses are a type of residential flat building—see the definition of that term in this Dictionary.

multi dwelling housing means 3 or more dwellings (whether attached or

detached) on one lot of land where:

(a)

each dwelling has access at ground level, and

(b)

no part of a dwelling is above any part of any other dwelling,

and includes multi dwelling housing (terraces).

Note. Multi dwelling housing is a type of residential accommodation—see the definition of that term in this Dictionary.

multi dwelling housing (terraces) means multi dwelling housing where all

dwellings are attached and face, and are generally aligned along, 1 or more

public roads.

Note. Multi dwelling housing (terraces) are a type of multi dwelling housing—see the definition of that term in this Dictionary.

[7]      Dictionary, definition of “residential flat building”

Insert “and includes manor houses” after “dwellings”.

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