Draft Sydney Local Environmental Plan 2011 Proposed Changes - Parts 1 to 2
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ATTACHMENT A DRAFT SYDNEY LEP 2011 WRITTEN INSTRUMENT WITH PROPOSED AMENDMENTS Draft Sydney Local Environmental Plan 2011 Proposed changes - Parts 1 to 2 Clause Draft LEP (as exhibited) Proposed change Reason for change Deleted wording Standard Instrument and local clauses New wording Part 1 Preliminary 1.1 Name of Plan This Plan is Sydney Local Environmental Plan 2011. 1.1AA Commencement This Plan commences on the day on which it is published on the NSW legislation website. 1.2 Aims of Plan (1) This Plan aims to make local environmental planning provisions for land in the (1) This Plan aims to make local environmental planning provisions for land in City of Sydney in accordance with the relevant standard environmental planning the City of Sydney in accordance with the relevant standard environmental instrument under section 33A of the Act. planning instrument under section 33A of the Act. (2) The particular aims of this Plan are as follows: (2) The particular aims of this Plan are as follows: (a) to reinforce the role of the City of Sydney as a primary centre for Metropolitan (a) to reinforce the role of the City of Sydney as a primary centre for Sydney and a preferred location for business, educational, cultural and tourist Metropolitan Sydney and a preferred location for business, educational, activities both within New South Wales and Australia and internationally, cultural and tourist activities both within New South Wales and Australia and (b) to promote ecologically sustainable development, internationally, © to encourage the economic growth of the City of Sydney by: (a) to reinforce the role of the City of Sydney as a primary centre for (i) providing for development at densities that permit employment to Metropolitan Sydney, increase, and (b) to support the City of Sydney as an important location for business, (ii) retaining and enhancing land used for employment purposes that are educational, cultural and tourist activities. significant for the Sydney region, (b) to promote ecologically sustainable development, (d) to encourage the growth and diversity of the residential population of the City © to encourage the economic growth of the City of Sydney by: of Sydney by providing for a range of appropriately located housing, including (i) providing for development at densities that permit employment to Submission 948 affordable housing, increase, and (e) to enable a range of services and infrastructure that meets the needs of (ii) retaining and enhancing land used for employment purposes that residents, workers and visitors, are significant for the Sydney region, (f) to ensure that the pattern of land use and density reflects the (d) to encourage the growth and diversity of the residential population of the existing and future capacity of the transport network and City of Sydney by providing for a range of appropriately located housing, facilitates walking, cycling and the use of public transport, including affordable housing, (g) to enhance the amenity and quality of life of local communities, (e) to enable a range of services and infrastructure that meets the needs of (h) to support a range of existing and future mixed-use centres and to residents, workers and visitors, ensure that those centres remain viable, (f) to ensure that the pattern of land use and density reflects the 4 to achieve a high quality urban form by ensuring that new existing and future capacity of the transport network and development exhibits design excellence and reflects the existing facilitates walking, cycling and the use of public transport, or desired future character of particular localities, (g) to enhance the amenity and quality of life of local communities, (j) to conserve the environmental heritage of the City of Sydney, (h) to support a range of existing and future mixed-use centres and to (k) to protect, and to enhance the enjoyment of, the natural ensure that those centres remain viable, to provide for a range of existing and environment of the City of Sydney, its harbour setting and its future mixed use centres and promote the economic strength of those centres. recreation areas. 4 to achieve a high quality urban form by ensuring that new 1 of 17 Clause Draft LEP (as exhibited) Proposed change Reason for change Deleted wording Standard Instrument and local clauses New wording development exhibits design excellence and reflects the existing or desired future character of particular localities, (j) to conserve the environmental heritage of the City of Sydney, (k) to protect, and to enhance the enjoyment of, the natural environment of the City of Sydney, its harbour setting and its recreation areas. 1.3 1.3 Land to which Plan applies This Plan applies to the land identified on the Land Application Map. 1.4 1.4 Definitions The Dictionary at the end of this Plan defines words and expressions for the purposes of this Plan. 1.5 1.5 Notes Notes in this Plan are provided for guidance and do not form part of this Plan. 1.6 1.6 Consent authority The consent authority for the purposes of this Plan is (subject to the Act) the Council. Note. The City of Sydney Act 1988 constitutes the Central Sydney Planning Committee which has and may exercise the functions of the Council under Parts 4, 5, 6 and 8 of the Act in relation to the carrying out of major development, to the exclusion of the Council. 1.7 1.7 Maps (1) A reference in this Plan to a named map adopted by this Plan is a reference to a map by that name: (a) approved by the Minister when the map is adopted, and (b) as amended or replaced from time to time by maps declared by environmental planning instruments to amend or replace that map, and approved by the Minister when the instruments are made. Amend note as follows: (2) Any 2 or more named maps may be combined into a single map. In that case, a reference in this Plan to any such named map is a reference to the relevant part Note. The maps adopted by this Plan are to be made available on the official or aspect of the single map. NSW legislation website in connection with this Plan. Requirements relating to Standard Instrument amendment the maps are set out in the documents entitled Standard technical (3) Any such maps are to be kept and made available for public access in requirements for LEP maps and Standard requirements for LEP GIS data accordance with arrangements approved by the Minister. which are available on the Department of Planning’s website of the Department of Planning and Infrastructure. (4) For the purposes of this Plan, a map may be in, and may be kept and made available in, electronic or paper form, or both. Note. The maps adopted by this Plan are to be made available on the official NSW legislation website in connection with this Plan. Requirements relating to the maps are set out in the documents entitled Standard technical requirements for LEP maps and Standard requirements for LEP GIS data which are available on 2 of 17 Clause Draft LEP (as exhibited) Proposed change Reason for change Deleted wording Standard Instrument and local clauses New wording the Department of Planning’s website. 1.8 1.8 Repeal of other local planning instruments applying to land 1.8 Repeal of other local planning instruments applying to land Standard Instrument amendment 4 All local environmental plans and deemed environmental planning 4 All local environmental plans and deemed environmental planning instruments applying only to the land to which this Plan applies are instruments applying only to the land to which this Plan applies are repealed. repealed. Note. The following local environmental plans are repealed under this Note. The following local environmental plans are repealed under this provision: provision: Central Sydney Local Environmental Plan 1996, Central Sydney Local Environmental Plan 1996, Sydney Local Environmental Plan 2005, Sydney Local Environmental Plan 2005, Interim Development Order No 27—Municipality of Leichhardt. Interim Development Order No 27—Municipality of Leichhardt. Internal review (1A) State Environmental Planning Policy No 41—Casino Entertainment Complex (1A) State Environmental Planning Policy No 41—Casino Entertainment is repealed. Complex is repealed. (2) All local environmental plans and deemed environmental planning instruments (2) All local environmental plans and deemed environmental planning applying to the land to which this Plan applies and to other land cease to apply to instruments applying to the land to which this Plan applies and to other land the land to which this Plan applies. cease to apply to the land to which this Plan applies. (2A) Schedule 6 is repealed on the day following the day on which this Plan is (2A) Schedule 6 is repealed on the day following the day on which this Plan is published on the NSW legislation website. published on the NSW legislation website. 1.8A 1.8A Savings provision relating to development applications If a development application has been made before the commencement of this Plan in relation to land to which this Plan applies and the application has not been finally determined before that commencement, the application must be determined as if this Plan had been exhibited but had not commenced. 1.9 1.9 Application of SEPPs (1) This Plan is subject to the provisions of any State environmental planning (1) This Plan is subject to the provisions of any State environmental planning policy that prevails over this Plan as provided by section 36 of the Act. policy that prevails over this Plan as provided by section 36 of the Act. (2) The following State environmental