Sutherland Shire Local Environmental Plan 2000 (Amendment No 16) (2002-778) [GG No 178 of 18.10.2002, p 8841] (NSW)

2002 No 778

Sutherland Shire Local Environmental New South Wales

Plan 2000 (Amendment No 16)

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. (S01/02441/S69 Pt 1)

ANDREW REFSHAUGE, M.P.,

Minister for Planning

Published in Gazette No 178 of 18 October 2002, page 8841	Page 1
[8]
2002 No 778

Clause 1 Sutherland Shire Local Environmental Plan 2000 (Amendment No 16)

Sutherland Shire Local Environmental Plan 2000

(Amendment No 16)

1     Name of plan

This plan is Sutherland Shire Local Environmental Plan 2000

(Amendment No 16).

2     Aims of plan

This plan aims to introduce in the complying development provisions in Sutherland Shire Local Environmental Plan 2000, Sydney Regional Environmental Plan No 17—Kurnell Peninsula (1989) and Sutherland Local Environmental Plan—Menai Town Centre 1992 provisions relating to a new category for two storey single dwelling houses and two storey additions or alterations to single dwelling houses.

This plan also corrects a typographical error in a provision of

Sutherland Shire Local Environmental Plan 2000.

3     Land to which plan applies

This plan applies to all land within the local government area of Sutherland Shire under Sutherland Shire Local Environmental Plan 2000, Sydney Regional Environmental Plan No 17—Kurnell Peninsula (1989) and Sutherland Local Environmental Plan—Menai Town Centre 1992.

4 Amendment of Sutherland Shire Local Environmental Plan 2000

Sutherland Shire Local Environmental Plan 2000 is amended as set out in Schedule 1.

5     Amendment of Sydney Regional Environmental Plan No 17—Kurnell Peninsula (1989)

Sydney Regional Environmental Plan No 17—Kurnell Peninsula

(1989) is amended as set out in Schedule 2.

6 Amendment of Sutherland Local Environmental Plan—Menai Town Centre 1992

Sutherland Local Environmental Plan—Menai Town Centre 1992 is amended as set out in Schedule 3.

Page 2

2002 No 778

Sutherland Shire Local Environmental Plan 2000 (Amendment No 16)

Amendment of Sutherland Shire Local Environmental Plan 2000 Schedule 1

Schedule 1

Amendment of Sutherland Shire Local

Environmental Plan 2000

(Clause 4)

[1]    Clause65Exceptionstothelandusetableinthe6(a)Public Recreation and 6 (d) Future Recreation zones

Omit “Elouera Surf Living Saving Club” from clause 65 (3).

Insert instead “Elouera Surf Life Saving Club”.

[2]     Schedule 5 Complying development—general provisions

Insert at the end of Part 1:

Two storey single (a) Maximum height of 6.5m from ground level to

dwelling houses and	the ceiling and 8m to the highest point of the
two storey additions or	roof.

alterations to single (b) Must be located a minimum of 0.9m off side

dwelling houses	boundaries, except in 2 (a2), 2 (e1) and 2 (e2)
(excluding areas where the	Residential zones, Woronora Heights and areas
Australian Noise Exposure	west of the Woronora River (excepting
Forecast (ANEF) is between	Woronora), where the minimum is 1.5m.

20 and 25) (c) The two storey component of any proposed dwelling or addition must not extend beyond 50% of the depth of an allotment measured from

the primary street frontage.

(d)

Must be located behind the building line of the property or no further forward than the alignment of any existing building on any adjoining property, whichever is the greater setback.

(e)

The maximum amount of cut or fill is restricted to 0.6m and the cut must not extend further than 0.9m beyond the perimeter of the building. All

fill must be retained within the perimeter of the

buildings.

(f)

For new dwelling houses two carparking spaces must be provided behind the building line.

(g)

Any car spaces and access provided must comply with the requirements of Australian Standard AS 2890.1—1993 Parking facilities, Part 1:

Off-street car parking.

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2002 No 778

Sutherland Shire Local Environmental Plan 2000 (Amendment No 16)

Schedule 1 Amendment of Sutherland Shire Local Environmental Plan 2000

(h) Any driveways provided must be designed to align with footpath crossing levels issued by the Council.

(i)     New dwellings must be entitled to at least a 3.5 star rating under the House Energy Rating Scheme (NatHERS).

(j)

Additions and alterations to existing dwellings floor), hot water system, AAA rated fittings and clothes dryer requirements as per the existing development control plan requirements for single dwelling additions.

(k)	Works are not to include side or rear first floor balconies.
(l)	Works are not to include kitchen areas on the first floor.
(m)	Worksarenottoincludeinstallationofoilor solid fuel heating appliances.
(n)

Must comply with the Council’s construction areas or relevant Council building standards.

(o)

used for the purpose of preparation or storage of

food (or both) for sale to the public as part of a

home activity use, must comply with the Food

Regulation 2001, the Council’s Code for Food

Premises and Code for Commercial Home

Catering.

Work on that part of the residential premises mechanical exhaust ventilation system.

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2002 No 778

Sutherland Shire Local Environmental Plan 2000 (Amendment No 16)

Amendment of Sydney Regional Environmental Plan No 17—Kurnell	Schedule 2
Peninsula (1989)

Schedule 2

Amendment of Sydney Regional

Environmental Plan No 17—Kurnell

Peninsula (1989)

(Clause 5)

Schedule 6 Complying development—general provisions

Insert at the end of Part 1 of the Schedule:

Two storey single	(a)	Maximum height of 6.5m from ground level to
dwelling houses and	the ceiling and 8m to the highest point of the
two storey additions	roof.
or alterations to	(b)	Must be located a minimum of 1.5m off side
single dwelling	boundaries.
houses	(c)	The two storey component of any proposed
(excluding areas where	dwelling or addition must not extend beyond
the Australian Noise	50% of the depth of an allotment measured from
Exposure Forecast	the primary street frontage.
(ANEF) is between 20	(d)	Must be located behind the building line of the
and 25)	property or no further forward than the alignment of any existing building on any adjoining property, whichever is the greater setback.
(e)	The maximum amount of cut or fill is restricted to 0.6m and the cut must not extend further than 0.9m beyond the perimeter of the building. All
fill must be retained within the perimeter of the buildings.
(f)	For new dwelling houses two carparking spaces must be provided behind the building line.
(g)	comply with the requirements of Australian
Any car spaces and access provided must Part 1: Off-street car parking.
(h)	Any driveways provided must be designed to align with footpath crossing levels issued by the Council.
(i)	New dwellings must be entitled to at least a 3.5 star rating under the House Energy Rating

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2002 No 778

Sutherland Shire Local Environmental Plan 2000 (Amendment No 16)

Schedule 2

Amendment of Sydney Regional Environmental Plan No 17—Kurnell

Peninsula (1989)

Scheme (NatHERS).

(j)

must comply with insulation (roof, wall and

floor), hot water system, AAA rated fittings and

clothes dryer requirements as per the existing

Additions and alterations to existing dwellings single dwelling additions.

(k)	Works are not to include side or rear first floor balconies.
(l)	Works are not to include kitchen areas on the first floor.
(m)	Worksarenottoincludeinstallationofoilor solid fuel heating appliances.
(n)

Must comply with the Council’s construction areas or relevant Council building standards.

(o)

used for the purpose of preparation or storage of

food (or both) for sale to the public as part of a

home activity use, must comply with the Food

Regulation 2001, the Council’s Code for Food

Premises and Code for Commercial Home

Catering.

Work on that part of the residential premises mechanical exhaust ventilation system.

(p)	Maximum floorspace ratio is 0.4:1.
(q)	Minimum landscaped area is 50% of the site area.

Page 6

2002 No 778

Sutherland Shire Local Environmental Plan 2000 (Amendment No 16)

Amendment of Sutherland Local Environmental Plan—Menai Town Centre	Schedule 3
1992

Schedule 3

Amendment of Sutherland Local

Environmental Plan—Menai Town Centre

1992

(Clause 6)

Schedule 2 Complying development—general provisions

Insert at the end of Part 1 of the Schedule:

Two storey single	(a)	Maximum height of 6.5m from ground level to
dwelling houses and	the ceiling and 8m to the highest point of the
two storey additions	roof.
or alterations to	(b)	Must be located a minimum of 0.9m off side
single dwelling	boundaries.
houses	(c)	The two storey component of any proposed
(excluding areas where	dwelling or addition must not extend beyond
the Australian Noise	50% of the depth of an allotment measured from
Exposure Forecast	the primary street frontage.
(ANEF) is between 20	(d)	Must be located behind the building line of the
and 25)	property or no further forward than the alignment of any existing building on any adjoining property, whichever is the greater setback.
(e)	The maximum amount of cut or fill is restricted to 0.6m and the cut must not extend further than 0.9m beyond the perimeter of the building. All
fill must be retained within the perimeter of the buildings.
(f)	For new dwelling houses two carparking spaces must be provided behind the building line.
(g)	Any car spaces and access provided must comply with the requirements of Australian Standard AS 2890.1—1993 Parking facilities, Part 1:
Off-street car parking.
(h)	Any driveways provided must be designed to align with footpath crossing levels issued by the Council.
(i)	New dwellings must be entitled to at least a 3.5 star rating under the House Energy Rating Scheme (NatHERS).

Page 7

2002 No 778

Sutherland Shire Local Environmental Plan 2000 (Amendment No 16)

Schedule 3

Amendment of Sutherland Local Environmental Plan—Menai Town Centre

1992

(j)

Additions and alterations to existing dwellings floor), hot water system, AAA rated fittings and clothes dryer requirements as per the existing development control plan requirements for single dwelling additions.

(k)	Works are not to include side or rear first floor balconies.
(l)	Works are not to include kitchen areas on the first floor.
(m)	Worksarenottoincludeinstallationofoilor solid fuel heating appliances.
(n)

Must comply with the Council’s construction areas or relevant Council building standards.

(o)

for the purpose of preparation or storage of food

(or both) for sale to the public as part of a home

activity use, must comply with the Food

Regulation 2001, the Council’s Code for Food

Premises and Code for Commercial Home

Catering.

Work on that part of the residential premises used mechanical exhaust ventilation system.

(p) Minimum landscaped area is 45% of the site area.

BY AUTHORITY

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