Contents (2010 - 49)
Lane Cove Local Environmental Plan 2009
Part 1 Preliminary
1.1 Name of Plan
This Plan is Lane Cove Local Environmental Plan 2009.
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 Lane Cove in accordance with the relevant standard environmental planning instrument under section 33A of the Act.(2) The particular aims of this Plan are as follows:(a) to establish, as the first land use priority, Lane Cove’s sustainability in environmental, social and economic terms, based on ecologically sustainable development, inter-generational equity, the application of the precautionary principle and the relationship of each property in Lane Cove with its locality,(b) to preserve and, where appropriate, improve the existing character, amenity and environmental quality of the land to which this Plan applies in accordance with the indicated expectations of the community,(c) in relation to residential development, to provide a housing mix and density that:(i) accords with urban consolidation principles, and(ii) is compatible with the existing environmental character of the locality, and(iii) has a sympathetic and harmonious relationship with adjoining development,(d) in relation to economic activities, to provide a hierarchy of retail, commercial and industrial activities that enables the employment capacity targets of the Metropolitan Strategy to be met, provides employment diversity and is compatible with local amenity, including the protection of the existing village atmosphere of the Lane Cove Town Centre,(e) in relation to the management of open space, public and privately-owned bushland, riparian and foreshore land:(i) to protect and, where possible, restore all bushland areas, including all rare and threatened species and communities, and(ii) to protect and, where possible, restore all riparian land along, and the inter-tidal zones and foreshores of, the Lane Cove River and Sydney Harbour and their tributary creeks, and(iii) to make more foreshore land available for public access, and(iv) to link existing open space areas for public enjoyment,(f) in relation to conservation:(i) to protect, maintain and effectively manage public and privately-owned watercourses and areas of riparian land, foreshores and bushland and, where possible, restore them to as close a state to natural as possible, and(ii) to ensure that development does not adversely affect the water quality or ecological systems of riparian land or other areas of natural environment, and(iii) to control all new buildings to ensure their compatibility with surrounding existing built form and natural environmental character, and(iv) to conserve heritage items,(g) in relation to community facilities, to provide for the range and types of accessible community facilities that meet the needs of the current and future residents and other users,(h) in relation to the principle of integrating land use and transport, to relate development to sustainable traffic levels,(i) in relation to accessibility, to increase the number of accessible properties and facilities in Lane Cove,(j) in relation to housing, to increase the number of affordable dwellings in Lane Cove and to promote housing choice.
1.3 Land to which Plan applies
This Plan applies to the land identified on the Land Application Map.
The Dictionary at the end of this Plan defines words and expressions for the purposes of this Plan.
Notes in this Plan are provided for guidance and do not form part of this Plan.
1.6 Consent authority
The consent authority for the purposes of this Plan is (subject to the Act) the Council.
(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.(1AA) A reference to the Minister in subclause (1) is taken to be a reference to the Greater Sydney Commission in the case of any map that applies to a local government area in the Greater Sydney Region (within the meaning of the Greater Sydney Commission Act 2015) and that is adopted by a local environmental plan on or after 27 January 2016.(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 or aspect of the single map.(3) Any such maps are to be kept and made available for public access in accordance with arrangements approved by the Minister.(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 the website of the Department of Planning and Environment.
1.8 Repeal of planning instruments applying to land
(1) All local environmental plans and deemed environmental planning instruments applying only to the land to which this Plan applies are repealed.(2) All local environmental plans and deemed environmental planning instruments applying to the land to which this Plan applies and to other land cease to apply to the land to which this Plan applies.
1.8A Savings provisions relating to development applications
(1) 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 not commenced.(2) A development application made (but not finally determined) before the commencement of Lane Cove Local Environmental Plan 2009 (Amendment No 8) for development on any of Lots 10–12, DP 1056023, or Lots 13–15, DP 1056023, is to be determined and have effect as if that plan had not been made.(3) To avoid doubt, Lane Cove Local Environmental Plan 2009 (Amendment No 18) applies to the determination of a development application made (but not finally determined) before the commencement of that Plan.(4) To avoid doubt, Lane Cove Local Environmental Plan 2009 (Amendment No 19) applies to the determination of a development application made (but not finally determined) before the commencement of that Plan.(5) To avoid doubt, Lane Cove Local Environmental Plan 2009 (Amendment No 20) applies to the determination of a development application made (but not finally determined) before the commencement of that Plan.
1.9 Application of SEPPs
(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.(2) The following State environmental planning policies (or provisions) do not apply to the land to which this Plan applies:
1.9A Suspension of covenants, agreements and instruments
(1) For the purpose of enabling development on land in any zone to be carried out in accordance with this Plan or with a consent granted under the Act, any agreement, covenant or other similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose.(2) This clause does not apply:(a) to a covenant imposed by the Council or that the Council requires to be imposed, or(b) to any prescribed instrument within the meaning of section 183A of the Crown Lands Act 1989, or(c) to any conservation agreement within the meaning of the National Parks and Wildlife Act 1974, or(d) to any Trust agreement within the meaning of the Nature Conservation Trust Act 2001, or(e) to any property vegetation plan within the meaning of the Native Vegetation Act 2003, or(f) to any biobanking agreement within the meaning of Part 7A of the Threatened Species Conservation Act 1995, or(g) to any planning agreement within the meaning of Division 6 of Part 4 of the Act.(3) This clause does not affect the rights or interests of any public authority under any registered instrument.(4) Under section 28 of the Act, the Governor, before the making of this clause, approved of subclauses (1)–(3).