Willoughby Local Environmental Plan 2012 (Amendment No 5) (2017-327) LW 30 June 2017 (NSW)
| New South Wales |
Willoughby Local Environmental Plan 2012
(Amendment No 5)
under the
Environmental Planning and Assessment Act 1979
The Greater Sydney Commission makes the following local environmental plan under the
Environmental Planning and Assessment Act 1979.
STEPHEN MURRAY
As delegate for the Greater Sydney Commission
Willoughby Local Environmental Plan 2012 (Amendment No 5)
under the
Environmental Planning and Assessment Act 1979
1 Name of Plan
This Plan is Willoughby Local Environmental Plan 2012 (Amendment No 5).
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 the land to which Willoughby Local Environmental Plan 2012 applies.
4 Maps
The maps adopted by Willoughby Local Environmental Plan 2012 are amended or replaced, as the case requires, by the maps approved by the Greater Sydney Commission on the making of this Plan.
| Schedule 1 | Amendment of Willoughby Local Environmental Plan 2012 |
[1] Clause 1.2 Aims of Plan
Omit clause 1.2 (2) (f). Insert instead:
| (f) | for housing: | |||
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[2] Clause 4.1A Minimum subdivision lot size for dual occupancies
| Omit “an occupation certificate” from clause 4.1A (1) (e). Insert instead “a final occupation certificate”. |
[3] Clause 4.1A
Renumber clause 4.1A as 4.1C and place in appropriate order.
[4] Clause 4.1A
Insert after clause 4.1AA:
| 4.1A | Minimum subdivision lot size for strata plan schemes in Zone B3 | |||||
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Note. Part 6 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 provides that strata subdivision of a building in certain circumstances is specified complying development.
[5] Clause 4.1B Minimum subdivision lot size for shop top housing
Omit clause 4.1B (1). Insert instead:
| (1) | Despite clause 4.1, development consent may be granted for the subdivision of shop top housing on a lot: | |||
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| even if the size of any or all lots resulting from the subdivision is less than the minimum size shown on the Lot Size Map in relation to that land. |
[6] Clause 4.3A Exceptions to height of buildings
| Omit “building adjoins the street boundary of the land” from clause 4.3A (1) (a). Insert instead “land adjoins the street frontage”. |
[7] Clause 6.8 Affordable housing
| Omit “Sydney Statistical Division” from clause 6.8 (1) (b). Insert instead “Greater Sydney (Greater Capital City Statistical Area)”. |
[8] Clause 6.8 (1) (d)
| Insert “and money from the disposal of affordable housing received by or on behalf of the Council” after “dwellings),”. |
[9] Clause 6.8 (1) (e)
Omit “other dwellings in Willoughby”.
Insert instead “the same type of dwellings within the development to which the development application relates”.
[10] Clause 6.8 (2) (c)
Omit the paragraph. Insert instead:
| (c) | whether one of the affordable housing conditions should be imposed on the consent for the purpose of providing affordable housing in accordance with the Willoughby Affordable Housing Principles. |
[11] Clause 6.8 (3)
Omit the subclause. Insert instead:
| (3) | The following are the affordable housing conditions: | |||||
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(i) the dedication in favour of the consent authority, free of cost, of land comprised of one or more complete dwellings with a gross floor area of less than the amount equivalent to 4% of the accountable total floor space (the dedication amount), with each dwelling having a gross floor area of at least 50 square metres, and
(ii) the payment of a monetary contribution to the consent authority by the applicant that is the value, calculated in accordance with subclause (4), of the gross floor area equivalent to the difference between the dedication amount and 4% of the accountable total floor space.
[12] Clause 6.8 (7)
Omit the definition of market value.
[13] Clause 6.10 Minimum lot sizes for attached dwellings, dual occupancies, multi dwelling housing, residential flat buildings and secondary dwellings
Omit “bounded by Julian Street, Edward Street and Borlaise Street” from clause 6.10 (4) (e).
Insert instead “fronting Borlaise Street, Edward Street, Julian Street or Penkivil Street”.
[14] Schedule 1 Additional permitted uses
Omit “Lot 8, DP 620843” from clause 12 (1). Insert instead “Lot 11, DP 1171717”.
[15] Schedule 1, clause 17A
Insert after clause 17:
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| (1) | This clause applies to land at 28 Archer Street, Chatswood, being Lot 1, DP 900390. |
| (2) | Development for the purposes of attached dwellings and multi dwelling housing is permitted with development consent. |
[16] Schedule 1, clause 34 Use of certain land at East Chatswood and Roseville
Insert “and Roseville” after “East Chatswood” in clause 34 (1).
[17] Schedule 4 Classification and reclassification of public land
Omit “Nil” from Column 1 of Part 1. Insert in Columns 1 and 2, respectively:
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