New South Wales Repealed Regulations

This legislation has been repealed.

SYDNEY REGIONAL ENVIRONMENTAL PLAN NO 21--WARRINGAH URBAN RELEASE AREAS - REG 5

5 Amendment of Warringah Local Environmental Plan 1985

Warringah Local Environmental Plan 1985 is amended:

(a) by inserting at the end of the definition of "the map" in clause 5 (1) the following words:

Sydney Regional Environmental Plan No 21--Warringah Urban Release Areas

(b) by inserting at the end of clause 45 (2) the following words:

Land within Zone No 2 (a) as shown on the map marked " Sydney Regional Environmental Plan No 21--Warringah Release Areas ".

(c) by omitting clause 47 and by inserting instead the following clause:

47 Development on difficult sites

(1) In this clause, "difficult site" means land the topographical or other physical characteristics of which, or the position of which, in relation to existing or proposed services or roads, renders difficult or impossible the optimum development potential of the site having regard to the location of a zone boundary in relation to that land.

(2) This clause applies to:

(a) such of the land shown edged heavy black on the map marked " Warringah Local Environmental Plan 1985 (Amendment No 4) " as is indicated by the cross-hatching on that map, and

(b) the land shown edged heavy black on the map marked " Sydney Regional Environmental Plan No 21--Warringah Urban Release Areas ".

(3) Where an application is made to develop a difficult site on land to which this clause applies, the Council may, if the Council considers it desirable that the optimum development of the site be realised, consent to the carrying out of development on the site within 20 metres of the boundary of the zone within which the land or part of the land is located for any purpose for which development may be carried out on land within the zone on the other side of that boundary.

(d) by inserting after clause 48 the following clauses:

49 Public rental housing

(1) This clause applies to land shown light scarlet on the map marked " Sydney Regional Environmental Plan No 21--Warringah Urban Release Areas ", except for Lot 2, DP 524749, Maybrook Avenue, Cromer.

(2) Where development for a residential purpose is prohibited on land to which this clause applies, such development for that purpose may, with the consent of the Council, be carried out if the residential development is designed for, and will be used for, the purpose of public rental housing.

(3) This clause does not authorise the Council to consent to a development application to carry out development for a residential purpose that is prohibited if the total area of all such developments (including developments the subject of development consents in force as at the date on which the council determines the development application) covers more than 10 per cent of the gross area of the land to which this clause applies.

(4) This clause prevails over clauses 20 and 21.

(5) In this clause:
"public rental housing" means housing to be developed and rented by the New South Wales Land and Housing Corporation.
"residential purpose that is prohibited" means attached dwellings, boarding-houses, group buildings or residential flat buildings.

50 Development in the vicinity of certain Aboriginal relics

(1) Where the Council receives an application to carry out development on land:

(a) shown edged heavy black on the map marked " Sydney Regional Environmental Plan No 21--Warringah Urban Release Areas ", and

(b) within the vicinity of an Aboriginal relic,

the Council shall not grant consent to the application unless it has notified the Director of National Parks and Wildlife of the proposed development within 14 days of the receipt of the application.

(2) In this clause, "Aboriginal relic" means any deposit, object or material evidence (not being a handicraft made for sale) relating to indigenous and non-European habitation of the area of the Shire of Warringah, being habitation both prior to and concurrent with the occupation of that area by persons of European extraction.

51 Consideration of effect of certain development on soil and watercourses

(1) This clause applies to the land shown edged heavy black on the map marked " Sydney Regional Environmental Plan No 21--Warringah Urban Release Areas ".

(2) Where an application is made to carry out development on land to which this clause applies, the Council shall consider whether the development is likely to cause soil erosion or the siltation or pollution of watercourses.

(e) by inserting at the end of Schedule 10 the following matters:

Land shown light scarlet on the map marked " Sydney Regional Environmental Plan No 21--Warringah Urban Release Areas "--corner shops (being shops trading principally in groceries, small goods and associated household items), provided that the area devoted to retailing in any shop does not exceed 75 square metres, and the shop is not located closer than 400 metres to any land within any business zone or land in respect of which a consent exists to erect or use a building for the purpose of a corner shop, being a consent in force as at the date on which the Council determines the relevant development application; community purposes, including places of assembly and recreation areas.

That part of Lot 2, DP 524749, Maybrook Avenue, Cromer shown uncoloured on the map marked " Sydney Regional Environmental Plan No 21--Warringah Urban Release Areas "--a dwelling house.