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Hastings Local Environmental Plan 2001 Under the Environmental Planning and Assessment Act 1979

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Hastings Local Environmental Plan 2001 Under the Environmental Planning and Assessment Act 1979 2001 No 391 New South Wales Hastings Local Environmental Plan 2001 under the Environmental Planning and Assessment Act 1979 I, the Minister for Urban Affairs and Planning, make the following local environmental plan under the Environmental Planning and Assessment Act 1979. (G98/00129/PC) ANDREW REFSHAUGE, M.P., Minister for Urban Affairs and Planning Published in Gazette No 95 of 8 June 2001, page 3462 Page 1 [100] 2001 No 391 Hastings Local Environmental Plan 2001 Contents Contents Page Part 1 Introduction 1 Name of plan 5 2 Area covered by this plan 5 3 Relationship to other environmental planning instruments 5 4 Aims of this plan 5 5 Consent authority 6 6 Interpretation 6 Part 2 Exempt and complying development, zoning of land and zone table 7 Exempt development and other development not requiring consent 7 8 Complying development 7 9 Zoning of land and zone table 9 Part 3 General provisions 10 Temporary development of land 47 11 Development of uncoloured land on the zoning map 47 12 Development near zone boundaries 48 13 Availability of essential services 48 Part 4 Subdivision 14 General 49 15 Subdivision in Zone 1 (a1), 1 (a3), 1 (a4), 1 (i), 7 (a) or 7 (d) 49 16 Rural Residential Zones: Kings Creek land within Zone 1 (i) or 1 (r1) 49 17 Lot sizes in Zone 1 (u), 2 (a1), 2 (a4), 2 (t1), 2 (t2) or 2 (v) 49 Part 5 Dwellings 18 Single dwellings within Zone 1 (a1), 1 (a3), 1 (a4), 1 (i), 7 (a), 7 (d) or 7 (f1) 51 Page 2 2001 No 391 Hastings Local Environmental Plan 2001 Contents Page Part 6 Environmental provisions 19 Landform alteration in Zone 7 (a), 7 (d) or 7 (h) 52 20 Tree preservation 52 21 Protected lands 53 22 Development in Zone 7 (f1) 53 23 Development in Zone 8 (b) 54 24 Habitat areas 54 Part 7 Hazards and buffers 25 Flood liable land 56 26 Acid sulfate soils 57 Part 8 Particular area provisions 27 Development in Zone 2 (t2) 59 28 Development in Zone 4 (t) 60 29 Development for additional purposes 61 30 Land adjoining Wauchope Racecourse—Lot 6 DP 884424 in Zones 1 (a1), 1 (u) and 2 (a1) 61 31 Neighbourhood centres—Zone 2 (a1) 62 Part 9 Acquisition 32 Acquisition of land in Zone 5 (a), 7 (f2), 8 (b) or 9 (c) 63 Part 10 Heritage 33 Heritage items 64 34 Development in the vicinity of heritage items 64 35 Notification of Heritage Council 65 36 Conservation incentives 65 37 Archaeological significance 65 Part 11 Miscellaneous 38 Suspension of covenants, agreements and similar instruments 66 39 Demolition 66 40 Advertisements 66 Schedules 1 Single dwellings permitted on certain lots 67 2 Specified commercial premises 69 Page 3 2001 No 391 Hastings Local Environmental Plan 2001 Contents Page 3 Development of specific sites 70 4 Heritage items 73 5 Savings 80 6 Zones and zoning map amendments 84 Dictionary 86 Page 4 2001 No 391 Hastings Local Environmental Plan 2001 Clause 1 Introduction Part 1 Hastings Local Environmental Plan 2001 Part 1 Introduction 1 Name of plan This plan is Hastings Local Environmental Plan 2001. 2 Area covered by this plan This plan applies to all land within the Hastings local government area, except land identified on the zoning map as “deferred matter”. 3 Relationship to other environmental planning instruments (1) This plan repeals: (a) Hastings Local Environmental Plan No 21, and (b) Hastings Local Environmental Plan No 24. (2) This plan amends: (a) State Environmental Planning Policy No 15—Rural Landsharing Communities by inserting the following word in alphabetical order in Schedule 1 (Land to which this Policy applies): Hastings (b) Hastings Local Environmental Plan 1987 by inserting at the end of clause 3 the following subclause: (2) However, this plan does not apply to land to which Hastings Local Environmental Plan 2001 applies. 4 Aims of this plan The aims of this plan are: (a) to implement stage 1 of a review of the Council’s local environmental plans by introducing one consolidated local environmental plan for the whole of the Council’s area. This includes an updating of environmental planning controls and policies, including deletion of superseded and out-of-date provisions, and Page 5 2001 No 391 Clause 4 Hastings Local Environmental Plan 2001 Part 1 Introduction (b) to provide a legal basis for development control plans which provide more detailed local planning policies, and (c) to provide for rural residential development by implementing the Council’s rural residential strategy, and (d) to protect areas on which agriculture depends, and (e) to protect areas which are environmentally sensitive, and (f) to manage the urban areas of the local government area by strengthening retail hierarchies, promoting appropriate tourism development, guiding urban form, providing for the protection of heritage items and precincts and controlling the development of flood liable land. 5 Consent authority The consent authority for the purposes of this plan is Hastings Council, subject to the Act. 6 Interpretation (1) Unless the context or subject-matter indicates otherwise, terms used in this plan have the meaning set out in the Act or as defined in the Dictionary. (2) In this plan: (a) a reference to a building, a place or land used for a purpose includes a reference to a building, a place or land intended to be used for the purpose, and (b) a reference to a map is to a map kept at the office of the Council. (3) Land to which this plan applies is within a zone specified in Schedule 6 if it is shown on the zoning map as being within the zone. (4) Any matter which appears under the heading “Note” is provided to assist understanding and does not form part of this plan. Page 6 2001 No 391 Hastings Local Environmental Plan 2001 Clause 7 Exempt and complying development, zoning of land and zone table Part 2 Part 2 Exempt and complying development, zoning of land and zone table 7 Exempt development and other development not requiring consent (1) Development listed in Schedule 1 to Hastings Development Control Plan No 36—Exempt and Complying Development, as adopted by the Council on 13 December 1999, is exempt development provided it is of minimal environmental impact, it satisfies the applicable requirements listed in that Schedule, any building involved meets the deemed-to-satisfy provisions of the Building Code of Australia and it is not carried out on land that: (a) is critical habitat, or (b) is part of a wilderness area, or (c) is the site of a heritage item, or (d) is listed on the State Heritage Register or the subject of an interim heritage order under the Heritage Act 1977, or (e) is affected by an easement, a water main or a sewer main and the proposed development is located over the easement, water main or sewer main. (2) Nothing in this plan shall be construed as restricting or prohibiting or enabling the consent authority to restrict or prohibit the carrying out of development of any description specified in Schedule 5. Note. Section 76 (3) of the Environmental Planning and Assessment Act 1979 does not allow exempt development to occur on critical habitat or a wilderness area. 8 Complying development (1) Development listed in Schedule 2 to Hastings Development Control Plan No 36—Exempt and Complying Development, as adopted by the Council on 13 December 1999, is complying development in a zone if it is allowed with development consent in the zone by being included in Item 2 of the matter for the zone in the table to clause 9. (2) Development is complying development only if: (a) it meets the applicable requirements specified in Hastings Development Control Plan No 36—Exempt and Complying Development, as adopted by the Council on 13 December 1999, applying to the development, and Page 7 2001 No 391 Clause 8 Hastings Local Environmental Plan 2001 Part 2 Exempt and complying development, zoning of land and zone table (b) in the case of development involving a building, the building complies with the deemed-to-satisfy provisions of the Building Code of Australia, and (c) it does not include the exhibition or sale of material (whether literature, video, film, goods or articles) used or intended for use in connection with sexual behaviour and classified or refused classification under the Classification (Publications, Films and Computer Games) Act 1995 of the Commonwealth, or the exhibition of objects primarily concerned with sexual behaviour, and (d) it is not carried out on land that: (i) is critical habitat, or (ii) is or is part of a wilderness area, or (iii) is subject to an order under the Heritage Act 1977, or (iv) is an Aboriginal place under the National Parks and Wildlife Act 1974, or (v) is land to which State Environmental Planning Policy No 14—Coastal Wetlands applies, or (vi) is land to which State Environmental Planning Policy No 26—Littoral Rainforests applies, or (vii) is or is the site of a heritage item, or (viii) is identified in this plan or a development control plan adopted by the Council as being flood liable, contaminated, within a buffer area, or subject to subsidence, slip or erosion, or as an area having significant bushfire hazard risk, or (ix) is in a watercourse or is on land likely to be inundated by the 1 in 100 year flood, or (x) has previously been used as a service station or a saw mill, or for intensive agriculture, mining or extractive industry, or (xi) is an aquatic reserve declared under the Fisheries Management Act 1994, or Note.
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