Woollahra Local Environmental Plan 2014 (Amendment No 2) (2015-296) LW 12 June 2015 (NSW)

New South Wales

Woollahra Local Environmental Plan 2014

(Amendment No 2)

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.

SIMON MANOSKI

As delegate for the Minister for Planning

Woollahra Local Environmental Plan 2014 (Amendment No 2)

under the

Environmental Planning and Assessment Act 1979

1      Name of Plan

This Plan is Woollahra Local Environmental Plan 2014 (Amendment No 2).

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 all land to which Woollahra Local Environmental Plan 2014 applies, and in particular, to land that is in a heritage conservation area in Zone R2 Low Density Residential and Zone R3 Medium Density Residential.

Schedule 1

Amendment of Woollahra Local Environmental

Plan 2014

[1]      Clause 6.6

Omit clause 6.6. Insert instead:

6.6 Use of existing non-residential buildings in residential zones

(1)

The objective of this clause is to enable buildings and land in a residential zone

to be developed for non-residential purposes only in certain circumstances.

(2)

This clause applies to development on land in a residential zone.

(3)

Despite any other provision of this Plan, development consent must not be granted to development to which this clause applies for the purposes of business premises, a community facility, an information and education facility, office premises, a public administration building or a shop unless:

(a)	the whole or part of the development has a history of a lawfully commenced non-residential use, whether or not that use has been discontinued, abandoned or interrupted, and
(b)	the whole or part of the development was originally lawfully carried out with a non-residential design or was lawfully altered or adopted to a non-residential design, and
(c)	the consent authority is satisfied that the development:

(i)      will not adversely affect the enjoyment by an occupier of the land adjoining or in the neighbourhood of the land on which the development is situated, and

(ii)      if located in a heritage conservation area—will not adversely affect the heritage significance of the building in which, or the land on which, the development is situated, or the heritage conservation area.

[2]      Schedule 2 Exempt development

Insert after the matter relating to “Display of goods on footways”:

Signage—building identification signs and wall signs (including painted wall signs) in heritage conservation areas or on heritage items (general requirements)

(1)

Must be affixed to buildings that have been lawfully constructed and must

relate to the uses that have been lawfully established.

(2)

Must not extend over any architectural decorative feature on the building or

structure.

(3)

Must not use primary colours as background colours.

(4)

Must not be fixed directly to sandstone or face brickwork (but, may be fixed

to the mortar joints).

(5)

Must not demolish any part of the building or structure to accommodate the

sign.

(6)

Must not be animated, flashing, illuminated or moving.

(7)

Must not cover mechanical ventilation or outlets.

(8)

Must be of a professional standard, structurally and in its finish, and be

installed in accordance with the manufacturer’s specifications, if applicable.

(9)

Must be securely fixed to the building in accordance with:

(a)	AS/NZS 1170.0:2002, Structural design actions, Part 0:General principles, and
(b)	AS/NZS 1170.2:2011, Structural design actions, Part 2:Wind actions.

Signage—building identification signs in heritage conservation areas or on heritage items

(1)

Must meet the general requirements for such signs.

(2)

Must only be constructed or installed in a business zone or on commercial

premises in a residential zone.

(3)

Maximum 1 sign displayed on each street frontage.

(4)

Maximum area—2.5m2.

(5)

Must be mounted flat against an exterior wall or parapet and not protrude more

than 300mm from the face of the wall or parapet.

(6)

Must not be higher than:

(a)	the parapet or eaves of the building, or
(b)	15m above ground level (existing),

whichever is the lower.

(7)

Must only contain the building name and street number.

(8)

Must not cover any door or window.

Signage—wall signs (including painted wall signs) in heritage conservation areas or on heritage items

(1)

Must meet the general requirements for such signs.

(2)

Must only be constructed or installed in a business zone or on commercial

premises in a residential zone.

(3)

Must not be constructed or installed on a heritage item or draft heritage item.

(4)

Maximum 1 sign per building.

(5)

Maximum area—2.5m2.

(6)

Must not protrude more than 150mm from the face of a wall.

(7)

Must only contain the following:

(a)	the name and general nature of the business,
(b)	the street number,
(c)	the name of the proprietor or business (or both),
(d)	one trademark or trade name (or both) of one commodity sold on the premises,
(e)	one commodity sold on the premises.

(8)

If a painted sign—must not be applied to any original face brickwork, sandstone, terracotta or glazed or tessellated tiling that is traditionally unpainted or unfinished by other mediums.