Sutherland Shire Local Environmental Plan 2006 (Amendment No 6) (2010-293) LW 25 June 2010 (NSW)

2010 No 293

New South Wales

Sutherland Shire Local Environmental

Plan 2006 (Amendment No 6)

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. (S09/02025-1)

TONY KELLY, MLC Minister for Planning

Published LW 25 June 2010	Page 1
2010 No 293

Clause 1 Sutherland Shire Local Environmental Plan 2006 (Amendment No 6)

Sutherland Shire Local Environmental Plan 2006

(Amendment No 6)

under the

Environmental Planning and Assessment Act 1979

1      Name of Plan

This Plan is Sutherland Shire Local Environmental Plan 2006

(Amendment No 6).

2      Commencement

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

3      Land to which Plan applies

This Plan applies to land to which Sutherland Shire Local

Environmental Plan 2006 applies.

2010 No 293

Sutherland Shire Local Environmental Plan 2006 (Amendment No 6)

Amendment of Sutherland Shire Local Environmental Plan 2006 Schedule 1

Schedule 1

Amendment of Sutherland Shire Local

Environmental Plan 2006

[1]      Clauses 12 and 13

Omit “flood liable risk land” wherever occurring.

Insert instead “flood planning land”.

[2]      Clause 20

Omit the clause. Insert instead:

20 Flood planning

(1)

The objectives of this clause are as follows:

(a)	to minimise the flood risk to life and property associated with the use of land,
(b)	to allow development on land that is compatible with the land’s flood hazard, taking into account projected changes as a result of climate change,
(c)	to avoid significant adverse impacts on flood behaviour and the environment.

(2)

This clause applies to:

(a)	land that is shown as “Flood planning area” on the Flood Planning Map, and
(b)	other land at or below the flood planning level.

(3)

Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied that the development:

(a)	is compatible with the flood hazard of the land, and
(b)	will not significantly adversely affect flood behaviour resulting in detrimental increases in the potential flood affectation of other development or properties, and
(c)	incorporates appropriate measures to manage risk to life from flood, and
(d)	will not significantly adversely affect the environment or cause avoidable erosion, siltation, destruction of riparian vegetation or a reduction in the stability of river banks or watercourses, and
(e)	is not likely to result in unsustainable social and economic costs to the community as a consequence of flooding.

2010 No 293

Sutherland Shire Local Environmental Plan 2006 (Amendment No 6)

Schedule 1 Amendment of Sutherland Shire Local Environmental Plan 2006

(4)

A word or expression used in this clause has the same meaning as it has in the NSW Government’s Floodplain Development Manual published in 2005, unless it is otherwise defined in this clause.

(5)

In this clause:

flood planning level means the level of 1:100 ARI (average

recurrent interval) flood event plus 0.5 metre freeboard.

[3]      Clause 40 Dual occupancies—internal lots and lot sizes

Omit clause 40 (7). Insert instead:

(7)

Despite any other provision of this plan, if proposed development on a lot is for dual occupancy in a zone shown in Column 1 of the following Table and both the dwellings comprising the dual occupancy will each have a gross floor area greater than 65 square metres, development consent must not be granted to the development unless the lot is equal to or greater than the minimum area specified in Column 2 of that Table for that zone.

Table

Column 1

Column 2

Zone

Minimum area (square

metres)

Zone 1—Environmental Housing

850

(Environmentally Sensitive Land)

Zone 2—Environmental Housing 700

(Scenic Quality)

Zone 3—Environmental Housing 600

(Bushland)

Zone 4—Local Housing	600
Zone 5—Multiple Dwelling A	600

[4]      Schedules 2 and 3

Omit “flood liable risk land” wherever occurring.

Insert instead “flood planning land”.

2010 No 293

Sutherland Shire Local Environmental Plan 2006 (Amendment No 6)

Amendment of Sutherland Shire Local Environmental Plan 2006 Schedule 1

[5]      Schedule 4 Classification and reclassification of public land

Insert in Part 2 in alphabetical order of locality in Columns 1, 2 and 3, respectively:

Caringbah

26 Banksia Road Lot 346, DP 594838, as Exclusion of minerals (645158),

shown edged heavy red	exclusion of minerals (s. 536AA,
on Sheet 10 of the map	Local Government Act 1919),
marked “Sutherland	rights to mine (645158),
Shire Local	easements for electricity purposes
Environmental Plan	(Y55380 and Y55381) and right
2006 (Amendment	of carriageways (Y55381 and
No 6)”	AC133373) as noted on Certificate of Title Folio Identifier 346/594838

7R Binalong Avenue	Lot 226, DP 793244, as	Exclusion of minerals (F560457),
shown edged heavy red	easement(s) to drain water
on Sheet 1 of the map	(DP793244) and restriction(s) on
marked “Sutherland	use of land (DP788036) as noted
Shire Local	on Certificate of Title Folio
Environmental Plan	Identifier 226/793244
2006 (Amendment No 6)”
374 Kingsway	Lot 2, DP 583656, as	Exclusion of minerals, and
shown edged heavy red	subject to rights to mine
on Sheet 12 of the map	(A185556) as noted on
marked “Sutherland	Certificate of Title Folio
Shire Local	Identifier 2/583656
Environmental Plan 2006 (Amendment No 6)”
7 Mackay Street	Lot 1, DP 221411, as	Exclusion of minerals
shown edged heavy red	(A996134), covenants (B408954,
on Sheet 9 of the map	C164801, C745559 and
marked “Sutherland	C673629) and covenant and
Shire Local	variation of covenant (H245779
Environmental Plan	and J289845) as noted on
2006 (Amendment	Certificate of Title Folio
No 6)”	Identifier 1/221411

2010 No 293

Sutherland Shire Local Environmental Plan 2006 (Amendment No 6)

Schedule 1 Amendment of Sutherland Shire Local Environmental Plan 2006

377 Port Hacking Road Lot 3, DP 335295, as Exclusion of minerals, and

shown edged heavy red

subject to rights to mine

on Sheet 11 of the map

(B827113) as noted on Certificate

marked “Sutherland

of Title Folio Identifier 3/335295

Shire Local

Environmental Plan

2006 (Amendment

No 6)”

387R Port Hacking	Lot 3, DP 712631, as	Exclusion of minerals, and
Road	shown edged heavy red	subject to rights to mine
on Sheet 14 of the map	(B827113) as noted on Certificate
marked “Sutherland	of Title Folio Identifier 3/712631
Shire Local Environmental Plan 2006 (Amendment No 6)”
Gymea
46–50 South Street	Lot A, DP 371195, as	Exclusion of minerals (A436560)
shown edged heavy red	and easement for drainage
on Sheet 7 of the map	(F163611) as noted on Certificate
marked “Sutherland	of Title Folio Identifier A/371195
Shire Local Environmental Plan 2006 (Amendment No 6)”
Lot B, DP 371195, as	Exclusion of minerals (A436560)
shown edged heavy red	and easement for drainage
on Sheet 7 of the map	(F221898) as noted on Certificate
marked “Sutherland	of Title Folio Identifier B/371195
Shire Local Environmental Plan 2006 (Amendment No 6)”
Lot 33, DP 663207, as	Exclusion of minerals, and
shown edged heavy red	subject to rights to mine
on Sheet 7 of the map	(A436560) as noted on
marked “Sutherland	Certificate of Title Folio
Shire Local	Identifier 33/663207
Environmental Plan 2006 (Amendment No 6)”

2010 No 293

Sutherland Shire Local Environmental Plan 2006 (Amendment No 6)

Amendment of Sutherland Shire Local Environmental Plan 2006 Schedule 1

Lot 65, DP 9461, as

Exclusion of minerals, and

shown edged heavy red

subject to rights to mine

on Sheet 7 of the map

(A436560) as noted on

marked “Sutherland

Certificate of Title Folio

Shire Local

Identifier 65/9461

Environmental Plan 2006 (Amendment No 6)”

Part of Lot 34, DP 9461,

Exclusion of minerals, and

as shown edged heavy

subject to rights to mine

red on Sheet 7 of the

(A436560) and excepting the

map marked

road in D888885 as noted on

“Sutherland Shire Local

Certificate of Title Folio

Environmental Plan

Identifier 34/9461

2006 (Amendment

No 6)”

Jannali

42A Railway Crescent	Lot 1, DP 1049519, as	Nil
shown edged heavy red on Sheet 8 of the map marked “Sutherland Shire Local Environmental Plan 2006 (Amendment No 6)”
Lot 2, DP 1049519, as	Nil
shown edged heavy red on Sheet 8 of the map marked “Sutherland Shire Local Environmental Plan 2006 (Amendment No 6)”
Lot 21, DP 597416, as	Nil
shown edged heavy red on Sheet 8 of the map marked “Sutherland Shire Local Environmental Plan 2006 (Amendment No 6)”

2010 No 293

Sutherland Shire Local Environmental Plan 2006 (Amendment No 6)

Schedule 1 Amendment of Sutherland Shire Local Environmental Plan 2006

Lot 1, DP 506202, as

Nil

shown edged heavy red

on Sheet 8 of the map

marked “Sutherland

Shire Local

Environmental Plan

2006 (Amendment

No 6)”

Lot 2, DP 504416, as

Nil

shown edged heavy red

on Sheet 8 of the map

marked “Sutherland

Shire Local

Environmental Plan

2006 (Amendment

No 6)”

Lot J, DP 412142, as

Nil

shown edged heavy red

on Sheet 8 of the map

marked “Sutherland

Shire Local

Environmental Plan

2006 (Amendment

No 6)”

Part of Lot C,

Exclusion of road (s) comprised

DP 408761, as shown

in Box Lane shown on

edged heavy red on

DP 540399, right of footway

Sheet 8 of the map

(DP1049519) and easement for

marked “Sutherland

light and ventilation

Shire Local

(DP 1049519) as noted on

Environmental Plan

Certificate of Title Folio

2006 (Amendment

Identifier C/408761

No 6)”

Part of Lot E,

Exclusion of road (s) comprised

DP 415814, as shown

in Box Lane shown on

edged heavy red on

DP 540399 as noted on

Sheet 8 of the map

Certificate of Title Folio

marked “Sutherland

Identifier E/415814

Shire Local

Environmental Plan

2006 (Amendment

No 6)”

2010 No 293

Sutherland Shire Local Environmental Plan 2006 (Amendment No 6)

Amendment of Sutherland Shire Local Environmental Plan 2006 Schedule 1

Part of Lot G,

Nil

DP 411603, as shown

edged heavy red on

Sheet 8 of the map

marked “Sutherland

Shire Local

Environmental Plan

2006 (Amendment

No 6)”

Kirrawee

459R President Avenue Part of Lot 30, Exclusion of minerals (C638950

DP 233175, as shown

and F563892) as noted on

edged heavy red on

Certificate of Title Folio

Sheet 6 of the map

Identifier 30/233175

marked “Sutherland

Shire Local

Environmental Plan

2006 (Amendment

No 6)”

5R Yalgar Road	Lot 17, DP 211273, as	Exclusion of minerals (D396668)
shown edged heavy red	and easement for drainage
on Sheet 2 of the map	(DP211273) as noted on
marked “Sutherland	Certificate of Title Folio
Shire Local	Identifier 17/211273
Environmental Plan 2006 (Amendment No 6)”
Sutherland
127–133 Flora Street	Lot 1, DP 983916, as	Exclusion of minerals (A49164),
shown edged heavy red	easement for maintenance and
on Sheet 13 of the map	repairs and easement to drain
marked “Sutherland	water (DP1077997) as noted on
Shire Local	Certificate of Title Folio
Environmental Plan	Identifier 1/983916
2006 (Amendment No 6)”
Lot 2, DP 983916, as	Exclusion of minerals (A49164),
shown edged heavy red	easement for maintenance and
on Sheet 13 of the map	repairs and easement to drain
marked “Sutherland	water (DP1077997) as noted on
Shire Local	Certificate of Title Folio
Environmental Plan	Identifier 2/983916
2006 (Amendment No 6)”

2010 No 293

Sutherland Shire Local Environmental Plan 2006 (Amendment No 6)

Schedule 1 Amendment of Sutherland Shire Local Environmental Plan 2006

Lot 3, DP 983916, as

Exclusion of minerals (A49164),

shown edged heavy red

easement for maintenance and

on Sheet 13 of the map

repairs and easement to drain

marked “Sutherland

water (DP1077997) as noted on

Shire Local

Certificate of Title Folio

Environmental Plan

Identifier 3/983916

2006 (Amendment

No 6)”

Lot 4, DP 983916, as

Exclusion of minerals (A49164),

shown edged heavy red

easement for maintenance and

on Sheet 13 of the map

repairs and easement to drain

marked “Sutherland

water (DP1077997) as noted on

Shire Local

Certificate of Title Folio

Environmental Plan

Identifier 4/983916

2006 (Amendment

No 6)”

Lot 1, DP 314882, as

Exclusion of minerals, and

shown edged heavy red

subject to rights to mine

on Sheet 13 of the map

(A351109), covenant (B376118),

marked “Sutherland

easements for maintenance and

Shire Local

repairs and easements to drain

Environmental Plan

water (DP1077997) as noted on

2006 (Amendment

Certificate of Title Folio

No 6)”

Identifier AC3890–155

Part of Lot 2,

Exclusion of minerals

DP 314882, as shown

(A351109), easements for

edged heavy red on

maintenance and repairs and

Sheet 13 of the map

easements to drain water

marked “Sutherland

(DP1077997) as noted on

Shire Local

Certificate of Title Folio

Environmental Plan

Identifier 2/314882

2006 (Amendment

No 6)”

Part of Lot 18,

Exclusion of minerals, and

DP 13648, as shown

subject to rights to mine

edged heavy red on

(A351109), covenant (B518500),

Sheet 13 of the map

easements for maintenance and

marked “Sutherland

repairs and easements to drain

Shire Local

water (DP1077997) as noted on

Environmental Plan

Certificate of Title Folio

2006 (Amendment

Identifier 18/13648

No 6)”

2010 No 293

Sutherland Shire Local Environmental Plan 2006 (Amendment No 6)

Amendment of Sutherland Shire Local Environmental Plan 2006 Schedule 1

Part of Lot 19,

Exclusion of minerals

DP 13648, as shown

(A351109), covenant (B706663),

edged heavy red on

easements for maintenance and

Sheet 13 of the map

repairs and easements to drain

marked “Sutherland

water (DP1077997) as noted on

Shire Local

Certificate of Title Folio

Environmental Plan

Identifier 19/13648

2006 (Amendment

No 6)”

Part of Lot 20,

Exclusion of minerals, and

DP 13648, as shown

subject to rights to mine

edged heavy red on

(A351109), covenant (B758039),

Sheet 13 of the map

easements for maintenance and

marked “Sutherland

repairs and easements to drain

Shire Local

water (DP1077997) as noted on

Environmental Plan

Certificate of Title Folio

2006 (Amendment

Identifier 20/13648

No 6)”

Part of Lot 21,

Exclusion of minerals, and

DP 13648, as shown

subject to rights to mine

edged heavy red on

(A351109), covenant (B327778),

Sheet 13 of the map

easements for maintenance and

marked “Sutherland

repairs and easements to drain

Shire Local

water (DP1077997) as noted on

Environmental Plan

Certificate of Title Folio

2006 (Amendment

Identifier 21/13648

No 6)”

Lot 22, DP 13648, as

Exclusion of minerals, and

shown edged heavy red

subject to rights to mine

on Sheet 13 of the map

(A351109), covenant (B527071),

marked “Sutherland

easement for maintenance and

Shire Local

repairs and easement to drain

Environmental Plan

water (DP1077997) as noted on

2006 (Amendment

Certificate of Title Folio

No 6)”

Identifier 22/13648

Lot 23, DP 666045, as

Exclusion of minerals, and

shown edged heavy red

subject to rights to mine

on Sheet 13 of the map

(B351109), covenants (B359591

marked “Sutherland

and B400056), easement for

Shire Local

maintenance and repairs and

Environmental Plan

easement to drain water

2006 (Amendment

(DP1077997) as noted on

No 6)”

Certificate of Title Folio

Identifier 23/666045

2010 No 293

Sutherland Shire Local Environmental Plan 2006 (Amendment No 6)

Schedule 1 Amendment of Sutherland Shire Local Environmental Plan 2006

Lot 23, DP 666057, as	Exclusion of minerals, and
shown edged heavy red	subject to rights to mine
on Sheet 13 of the map	(A351109), covenant (B359591),
marked “Sutherland	easement for maintenance and
Shire Local	repairs and easement to drain
Environmental Plan	water (DP1077997) as noted on
2006 (Amendment	Certificate of Title Folio
No 6)”	Identifier 23/666057
Lot A, DP 318922, as	Exclusion of minerals, and
shown edged heavy red	subject to rights to mine
on Sheet 13 of the map	(A351109), covenant (C151398),
marked “Sutherland	easements for maintenance and
Shire Local	repairs and easements to drain
Environmental Plan	water (DP1077997) as noted on
2006 (Amendment	Certificate of Title Folio
No 6)”	Identifier A/318922
Lot C, DP 318922, as	Exclusion of minerals, and
shown edged heavy red	subject to rights to mine
on Sheet 13 of the map	(A351109), covenant (B744264),
marked “Sutherland	easement for maintenance and
Shire Local	repairs and easement to drain
Environmental Plan	water (DP1077997) as noted on
2006 (Amendment	Certificate of Title Folio
No 6)”	Identifier C/318922
Lot 1, DP 314883, as	Exclusion of minerals, and
shown edged heavy red	subject to rights to mine
on Sheet 13 of the map	(A351109), covenant (B376118),
marked “Sutherland	easements for maintenance and
Shire Local	repairs and easements to drain
Environmental Plan	water (DP1077997) as noted on
2006 (Amendment	Certificate of Title Folio
No 6)”	Identifier AC3890-155

[6]      Schedule 4, Part 2

Insert in alphabetical order of street name under the heading “Engadine” in

Columns 1, 2 and 3, respectively:

25 Baringa Road Lot 13, DP 28541, as Covenant (H866606) as noted on

shown edged heavy red

Certificate of Title Folio

on Sheet 3 of the map

Identifier 13/28541

marked “Sutherland

Shire Local

Environmental Plan

2006 (Amendment

No 6)”

2010 No 293

Sutherland Shire Local Environmental Plan 2006 (Amendment No 6)

Amendment of Sutherland Shire Local Environmental Plan 2006 Schedule 1

1–9 Miyal Place	Lot 13, DP 555124, as	Right of way (M731161) as
shown edged heavy red	noted on Certificate of Title
on Sheet 5 of the map	Folio Identifier 13/555124
marked “Sutherland Shire Local Environmental Plan 2006 (Amendment No 6)”
Lot 14, DP 612131, as	Easement for drainage
shown edged heavy red	(J652856), right of carriageway
on Sheet 5 of the map	(DP555124) and right of way
marked “Sutherland	(M731161) as noted on
Shire Local	Certificate of Title Folio
Environmental Plan	Identifier 14/612131
2006 (Amendment No 6)”
Lot 12, DP 599093, as	Covenant (F264457) and
shown edged heavy red	easement for drainage (J771248)
on Sheet 5 of the map	as noted on Certificate of Title
marked “Sutherland	Folio Identifier 12/599093
Shire Local Environmental Plan 2006 (Amendment No 6)”
Lot 4, DP 598936, as	Easement for drainage
shown edged heavy red	(L322058) and easement for
on Sheet 5 of the map	overhanging eave (DP620450) as
marked “Sutherland	noted on Certificate of Title
Shire Local	Folio Identifier 4/598936
Environmental Plan 2006 (Amendment No 6)”
Lot 3, DP 530962, as	Easement for drainage
shown edged heavy red	(DP530962) as noted on
on Sheet 5 of the map	Certificate of Title Folio
marked “Sutherland	Identifier 3/530962
Shire Local Environmental Plan 2006 (Amendment No 6)”

2010 No 293

Sutherland Shire Local Environmental Plan 2006 (Amendment No 6)

Schedule 1 Amendment of Sutherland Shire Local Environmental Plan 2006

Lot 2, DP 220010, as

Nil

shown edged heavy red

on Sheet 5 of the map

marked “Sutherland

Shire Local

Environmental Plan

2006 (Amendment

No 6)”

Lot 4, DP 505810, as

Nil

shown edged heavy red

on Sheet 5 of the map

marked “Sutherland

Shire Local

Environmental Plan

2006 (Amendment

No 6)”

Lot 4, DP 209336, as

Covenant (J291486) as noted on

shown edged heavy red

Certificate of Title Folio

on Sheet 5 of the map

Identifier 4/209336

marked “Sutherland

Shire Local

Environmental Plan

2006 (Amendment

No 6)”

Lot 5, DP 209336, as

Nil

shown edged heavy red

on Sheet 5 of the map

marked “Sutherland

Shire Local

Environmental Plan

2006 (Amendment

No 6)”

Lot 6, DP 209336, as

Covenant (J624168) as noted on

shown edged heavy red

Certificate of Title Folio

on Sheet 5 of the map

Identifier 6/209336

marked “Sutherland

Shire Local

Environmental Plan

2006 (Amendment

No 6)”

2010 No 293

Sutherland Shire Local Environmental Plan 2006 (Amendment No 6)

Amendment of Sutherland Shire Local Environmental Plan 2006 Schedule 1

3R Renmark Place	Lot 13, DP 240360, as	Easement for drainage
shown edged heavy red	(G619288) as noted on
on Sheet 4 of the map	Certificate of Title Folio
marked “Sutherland	Identifier 13/240360
Shire Local Environmental Plan 2006 (Amendment No 6)”

[7]      Schedule 6 Heritage items

Insert in numerical order under the heading “Lilli Pilli” and subheading

“Beckton Place”:

No 32, house—B351

[8]      Dictionary

Omit the definitions of Flood Liable Land Map and flood liable risk land.

[9]      Dictionary

Insert in alphabetical order:

flood planning land means land that is shown as “Flood planning

area” on the Flood Planning Map.

Flood Planning Map means the Sutherland Shire Local

Environmental Plan 2006 Flood Planning Map.

[10]      Dictionary, definition of “Heritage map”

Insert in appropriate order:

Sutherland Shire Local Environmental Plan 2006 (Amendment

No 6)—Sheet 51

[11]      Dictionary, definition of “the map”

Insert in appropriate order:

Sutherland Shire Local Environmental Plan 2006 (Amendment

No 6)—Sheets 2, 15–50 and 52–57