Wyong Local Environmental Plan 2013 (Amendment No 2) (2014-379) LW 20 June 2014 (NSW)

New South Wales

Wyong Local Environmental Plan 2013

(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.

MICHAEL WHITTAKER, GENERAL MANAGER, WYONG SHIRE COUNCIL

As delegate for the Minister for Planning

Wyong Local Environmental Plan 2013 (Amendment No 2)

under the

Environmental Planning and Assessment Act 1979

1      Name of Plan

This Plan is Wyong Local Environmental Plan 2013 (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 land in the Craigie Avenue Precinct, Kanwal.

4      Maps

Each map adopted by Wyong Local Environmental Plan 2013 that is specified in Column 1 of the following table is declared by this Plan to be amended or replaced, as the case requires, by the map specified opposite in Column 2 of the table as approved by the Minister on the making of this Plan:

Column 1	Column 2
Name of map being amended or	Name of amending or replacement
replaced	map
Wyong Local Environmental Plan 2013	Wyong Local Environmental Plan 2013
Additional Permitted Uses Map	Additional Permitted Uses Map
(8550_COM_APU_013_020_20131219)	(8550_COM_APU_013_020_20140414)
Wyong Local Environmental Plan 2013	Wyong Local Environmental Plan 2013
Floor Space Ratio Map	Floor Space Ratio Map
(8550_COM_FSR_013_020_20131125)	(8550_COM_FSR_013_020_20140414)
Wyong Local Environmental Plan 2013	Wyong Local Environmental Plan 2013
Height of Buildings Map	Height of Buildings Map
(8550_COM_HOB_013_020_20131125)	(8550_COM_HOB_013_020_20140414)
Wyong Local Environmental Plan 2013	Wyong Local Environmental Plan 2013
Land Zoning Map	Land Zoning Map
(8550_COM_LZN_013_020_20131219)	(8550_COM_LZN_013_020_20140414)
Wyong Local Environmental Plan 2013 Lot	Wyong Local Environmental Plan 2013 Lot
Size Map	Size Map
(8550_COM_LSZ_013_020_20131219)	(8550_COM_LSZ_013_020_20140414)

Schedule 1

Amendment of Wyong Local Environmental Plan

2013

[1]      Clause 4.3 Height of buildings

Insert after clause 4.3 (1) (c):

(ca)

in relation to land at Kanwal that is within Zone B6 Enterprise Corridor

and is identified as “Area 4” on the Height of Buildings Map:

(i)	to provide incentives for the development of health-related facilities in this locality, and
(ii)	to encourage lot consolidation of smaller lots to reduce the possibility of fragmented development, encourage shared facilities and manage traffic movements.

[2]      Clause 4.3 (2C)

Insert after clause 4.3 (2B):

(2C)

Despite subclause (2), the maximum height of a building on land identified as

“Area 4” on the Height of Buildings Map is 20 metres if:

(a)	the area of the building is 2,000 square metres or more, and
(b)	the building is used for the purposes of health services facilities or for a purpose that, in the opinion of the consent authority, complements and contributes to the special centre role of the hospital precinct adjacent to the land.

[3] Clause 4.4 Floor space ratio

Insert after clause 4.4 (1) (c):

(ca)

in relation to land at Kanwal that is within Zone B6 Enterprise Corridor

and is identified as “Area 3” on the Floor Space Ratio Map:

(i)	to provide incentives for the development of health-related facilities in this locality, and
(ii)	to encourage consolidation of smaller lots to reduce the possibility of fragmented development, encourage shared facilities and manage traffic movements.

[4]      Clause 4.4 (2C)

Insert after clause 4.4 (2B):

(2C)

Despite subclause (2), a maximum floor space ratio of 2:1 applies to buildings on land at Kanwal that is within Zone B6 Enterprise Corridor and is identified as “Area 3” on the Floor Space Ratio Map if:

(a)	the area of the building is 2,000 square metres or more, and
(b)	the building is used for the purposes of health services facilities or for a purpose that, in the opinion of the consent authority, complements and contributes to the special centre role of the hospital precinct adjacent to the land.

[5]      Clauses 7.15 and 7.16

Insert after clause 7.14:

7.15 Office premises on land at Kanwal in Zone B6 Enterprise Corridor

(1)

The objectives of this clause are:

(a)	to protect the viability of existing and planned town centres, and
(b)	to provide incentives for the development of health services facilities on land at Kanwal that is within Zone B6 Enterprise Corridor.

(2)

This clause applies to land at Kanwal that is in Zone B6 Enterprise Corridor

and is identified as “Area 3” on the Floor Space Ratio Map.

(3)

Despite any other provision of this Plan, development consent must not be granted for development for the purpose of stand-alone office premises on land to which this clause applies unless the consent authority is satisfied that the total floor space area of such development on land to which this clause applies does not exceed an area equal to 30% of the total area of the land to which this clause applies.

(4)

In this clause:

stand-alone office premises means a building erected and predominantly used

for the purpose of office premises.

7.16

Bulky goods premises on land at Kanwal in Zone B6 Enterprise Corridor

(1) The objective of this clause is to protect the viability of existing and planned areas identified for the location of bulky goods premises within Wyong Shire. (2) This clause applies to land at Kanwal that is in Zone B6 Enterprise Corridor and is identified as “Area 3” on the Floor Space Ratio Map. (3) Despite any other provision of this Plan, development consent must not be granted for development for the purpose of bulky goods premises on land to which this clause applies if the gross floor area of such development is more than 1,000 square metres.

[6]      Schedule 1 Additional permitted uses

Insert after clause 4:

4A Use of land at Craigie Avenue Precinct, Kanwal

(1)

This clause applies to land in the Craigie Avenue Precinct, Kanwal, identified

as “Item 27” on the Additional Permitted Uses Map.

(2)

Development for the purpose of seniors housing is permitted with consent.