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North Sydney Local Environmental Plan 1989 Edited & Printed 15.12.08 2 I:\DOCS\LEP\LEP1989 15Dec08.Doc North Sydney Local Environmental Plan 1989 North Sydney Local Environmental Plan 1989 Edited & printed 15.12.08 2 I:\DOCS\LEP\LEP1989 15Dec08.doc AMENDMENTS This document is an amended version of the North Sydney Local Environmental Plan 1989 which was gazetted on November 3, 1989. A list of the amendments up to and including Amendment 67 (11 October 2002) including the gazettal dates and a summary of these instruments can be found at the end of this document. In addition, it includes the amendments enacted by the gazettal of State Environmental Planning Policy (Repeal of Concurrence and Referral Provisions) 2008. For detailed information or a copy of the relevant amendment contact Council's Customer Service Centre. This reprint of LEP 1989 is a complete version of the LEP as it existed immediately prior to the Gazettal of North Sydney LEP 2001. LEP 1989 only applies to the properties at 303 Miller Street and 79 Berry Street, following the gazettal of NSLEP 2001 and NSLEP 2001 - Amendment No 9. North Sydney Local Environmental Plan 1989 Edited & printed 15.12.08 3 I:\DOCS\LEP\LEP1989 15Dec08.doc TABLE OF PROVISIONS PART 1 - PRELIMINARY clause 1. Citation 2. Aims, objectives, etc. 3. Land to which Plan applies 4. Relationship to other environmental planning instruments 5. Definitions 6. Adoption of model provisions 7. Consent authority PART 2 - GENERAL RESTRICTIONS ON DEVELOPMENT 8. Zones indicated on the map 9. Development control table 9A Exempt Development 9B Complying Development PART 3 - SPECIAL PROVISIONS Division 1 - Subdivision of Land 10. Consent required for subdivision 11. Minimum allotment size in residential zones Division 2 - Controls in Residential Zones 12. Storeys 12A. Control in 2(g) zone 13. Building height plane 13A. Landscaped area 14. Dwelling-houses on small lots 14A. Residential flat buildings in 2(c) zone 15. Controls in Residential "D" zone 16. Controls in Zones Nos. 2(e) and 6(e) 17. Buildings at Ross Street 17A. Controls in zone 2(f) Division 3 - Controls in the Commercial Zone 18. Floor space ratios 19. Storeys 19A. Storeys - special provisions 20. Floor space - special provisions 21. Building height plane in Zone No. 3(a) 21A. Building Height Plane in Zone No 3(a) - Special Provisions 22. Car repair stations 23. Use of residential buildings in Zone No. 3(a) North Sydney Local Environmental Plan 1989 Edited & printed 15.12.08 1 I:\DOCS\LEP\LEP1989 15Dec08.doc Division 4 - Reserved Land 24. Reserved land - Zones Nos. 9(a) and 9(c) 25. Reserved land - Zone No. 9(b) 26. Acquisition and development of land reserved for roads - Zone No. 9(d) Division 5 - General Provisions 27. Special use - roads 28. Advertisement of development applications 29. Foreshore building line 30. Dedication of foreshore land for open space purposes 31. Balcony enclosures 32. Services 33. Community use of schools etc. 34. Certain buildings in Zone No. 2(d) 34A. Outdoor Advertising 34B. Telecommunications Facilities PART 4 - HERITAGE PROVISIONS 35. Objectives 36. Interpretation 37. Heritage items 38. Development in the vicinity of heritage items 39. Conservation areas 40. Development in the vicinity of Aboriginal relics 41. Heritage advertisements and notifications PART 5 - PARTICULAR PROVISIONS 42. The Civic Centre 42A Civic Centre Open Space 43. Development of certain land - St. Leonards Park 44. Hume Street car-park 45. Alexander Street car-park 46. Nicholson Street car-park 47. Holtermann Street car-park 48. Crows Nest Community Centre 49. Sails restaurant 50. 21-23 William Street, North Sydney 51. Pacific Highway, West, Church and McLaren Streets 52. 118 High Street, North Sydney - decontamination of certain land 53. 42 McDougall Street and 14 Hipwood Street, Kirribilli 54. South-East Corner of Lavender Street and Blues Point Road, McMahons Point 55. 19-21 Hayes Street, Neutral Bay 56. 196 and 196A Miller Street, North Sydney 57. 7-17 William Street, North Sydney North Sydney Local Environmental Plan 1989 Edited & printed 15.12.08 2 I:\DOCS\LEP\LEP1989 15Dec08.doc 58. South-West Corner of Mackenzie and Walker Streets, North Sydney 59. 267-283 Miller Street, North Sydney 60. Elliott Street, North Sydney 61. Site No. 1, Mater Hospital, 194 Pacific Highway, Crows Nest 62. 243-265 Miller Street, North Sydney 63. 52 & 54 High Street, North Sydney 64. 6 Warung Street, McMahons Point 65. 1 Amherst Street, Cammeray 66. 34 McLaren Street, North Sydney 66A. 59 Wycombe Road, Neutral Bay 67. 58 - 68 Milray Avenue, Wollstonecraft 68. 16-18 Munro Street, McMahons Point 69. Bays 24-44 Ennis Road, Milsons Point 70. 17-19 Wycombe Road, Neutral Bay 71. Reclassification of public land 73. Waverton Peninsula 74. North Sydney CBD 75. North Sydney CBD SCHEDULE 1 SCHEDULE 2 - HERITAGE ITEMS SCHEDULE 3 - CREMORNE POINT SCHEDULE 4 - CLASSIFICATION OR RECLASSIFICATION OF PUBLIC LAND AS OPERATIONAL LAND SCHEDULE 5 - EXEMPT DEVELOPMENT SCHEDULE 6 - COMPLYING DEVELOPMENT SCHEDULE 7 - COMPLYING DEVELOPMENT CERTIFICATE STANDARD CONDITIONS SCHEDULE 8 - TELECOMMUNICATIONS FACILITIES AMENDMENTS ADDITIONAL CLAUSES North Sydney Local Environmental Plan 1989 Edited & printed 15.12.08 3 I:\DOCS\LEP\LEP1989 15Dec08.doc PART 1 - PRELIMINARY Citation 1. This Plan may be cited as North Sydney Local Environmental Plan 1989. Aims, Objectives, Etc. 2. The general aims and objectives of this plan are - (a) to maintain and increase the availability of land for residential use in North Sydney and to prevent the further alienation of residential areas; (b) to maintain and increase the present population of the municipality by retaining residentially zoned land for residential purposes, by restricting the expansion of other uses into residential zones and encouraging residential use of buildings in non- residential zones, especially those buildings in the commercial zones; (c) to ensure that proper regard is given to the needs and wishes of the community and environmental quality; (d) to ensure that development on land at or near the foreshores of Port Jackson is designed so as to take into consideration the appearance of the land and development when viewed from Port Jackson; (e) to improve access to the foreshore areas of the Municipality by acquisition or dedication or by gaining rights of public access over foreshore land; (f) to maintain commercial and industrial areas within the Municipality while protecting existing residential accommodation and amenity; (g) to provide increased opportunities for public involvement and participation in environmental planning and assessment within the Municipality by advertising all development applications; (h) to provide for the economic and efficient use of land; (i) to incorporate all planning controls for the Municipality into a single local environmental plan; (j) to minimise the adverse effect of traffic within the Municipality; (k) to encourage the amalgamation of development sites generally where appropriate and in particular to avoid the inefficient use of land and to ensure that existing dwellings on sites too small to be redeveloped are developed in conjunction with adjoining properties; North Sydney Local Environmental Plan 1989 Edited & printed 15.12.08 1 I:\DOCS\LEP\LEP1989 15Dec08.doc - 2 - (l) to control subdivisions in accordance with the special provisions in that behalf made by this plan; (m) to identify items of environmental heritage and conservation areas and to provide guidelines to ensure their conservation; and (n) to allow for outdoor advertising which makes a positive contribution to the built environment of the area of North Sydney and minimises visual clutter. Land to which Plan applies 3. (1) (repealed) (2) any land that has been excluded from North Sydney Local Environmental Plan 2001 under section 70 (4) of the Act and that has not been subsequently included in the land to which that plan applies. Relationship to other Environmental Planning Instruments 4. (1) Environmental planning instruments applying to land within the Municipality of North Sydney and in force immediately before the appointed day are repealed or amended as set forth in Schedule 1. (2) Clauses 9 and 10 of State Environmental Planning Policy No. 4 - Development Without Consent do not apply to the carrying out of development in conservation areas, and in relation to heritage items, to which this plan applies. (3) State Environmental Planning Policy No. 25 - Residential Allotment Sizes and Dual Occupancy Subdivision and Sydney Regional Environmental Plan No. 12 - Dual Occupancy do not apply to the land to which this plan applies. DIVISION 3 - INTERPRETATION Definitions 5. (1) In this plan - Aadult services@ means the use of premises for the purpose of a massage parlour, adult sexual services or the like, but not for the purpose of a home occupation; "advertisement" means a display by the use of symbols, messages or other devices for promotional purposes or for conveying information, instructions, directions or the like, whether or not the display includes the erection of a structure or the carrying out of a work; North Sydney Local Environmental Plan 1989 Edited & printed 15.12.08 2 I:\DOCS\LEP\LEP1989 15Dec08.doc - 3 - "airline terminal" means a building or place used for the assembly of passengers and goods prior to the transport of those passengers and goods either to or from an airport or an aerodrome; "appointed day" means the day on which this plan takes effect; "arterial road" means arterial road as defined in State Environmental Planning Policy No. 11 - Traffic Generating Developments and includes a county road; "attached
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