2002 No 778 New South Wales Sutherland Shire Local Environmental Plan 2000 (Amendment No 16) under the Environmental Planning and Assessment Act 1979 I, the Minister for Planning, make the following local environmental plan under the Environmental Planning and Assessment Act 1979. (S01/02441/S69 Pt 1) ANDREW REFSHAUGE, M.P., Minister for Planning Published in Gazette No 178 of 18 October 2002, page 8841 [8] Page 1 2002 No 778 Clause 1 Sutherland Shire Local Environmental Plan 2000 (Amendment No 16) Sutherland Shire Local Environmental Plan 2000 (Amendment No 16) 1 Name of plan This plan is Sutherland Shire Local Environmental Plan 2000 (Amendment No 16). 2 Aims of plan This plan aims to introduce in the complying development provisions in Sutherland Shire Local Environmental Plan 2000, Sydney Regional Environmental Plan No 17--Kurnell Peninsula (1989) and Sutherland Local Environmental Plan--Menai Town Centre 1992 provisions relating to a new category for two storey single dwelling houses and two storey additions or alterations to single dwelling houses. This plan also corrects a typographical error in a provision of Sutherland Shire Local Environmental Plan 2000. 3 Land to which plan applies This plan applies to all land within the local government area of Sutherland Shire under Sutherland Shire Local Environmental Plan 2000, Sydney Regional Environmental Plan No 17--Kurnell Peninsula (1989) and Sutherland Local Environmental Plan--Menai Town Centre 1992. 4 Amendment of Sutherland Shire Local Environmental Plan 2000 Sutherland Shire Local Environmental Plan 2000 is amended as set out in Schedule 1. 5 Amendment of Sydney Regional Environmental Plan No 17--Kurnell Peninsula (1989) Sydney Regional Environmental Plan No 17--Kurnell Peninsula (1989) is amended as set out in Schedule 2. 6 Amendment of Sutherland Local Environmental Plan--Menai Town Centre 1992 Sutherland Local Environmental Plan--Menai Town Centre 1992 is amended as set out in Schedule 3. Page 2 2002 No 778 Sutherland Shire Local Environmental Plan 2000 (Amendment No 16) Amendment of Sutherland Shire Local Environmental Plan 2000 Schedule 1 Schedule 1 Amendment of Sutherland Shire Local Environmental Plan 2000 (Clause 4) [1] Clause 65 Exceptions to the land use table in the 6 (a) Public Recreation and 6 (d) Future Recreation zones Omit "Elouera Surf Living Saving Club" from clause 65 (3). Insert instead "Elouera Surf Life Saving Club". [2] Schedule 5 Complying development--general provisions Insert at the end of Part 1: (a) Maximum height of 6.5m from ground level to Two storey single the ceiling and 8m to the highest point of the dwelling houses and roof. two storey additions or (b) Must be located a minimum of 0.9m off side alterations to single boundaries, except in 2 (a2), 2 (e1) and 2 (e2) dwelling houses Residential zones, Woronora Heights and areas (excluding areas where the west of the Woronora River (excepting Australian Noise Exposure Woronora), where the minimum is 1.5m. Forecast (ANEF) is between (c) The two storey component of any proposed 20 and 25) dwelling or addition must not extend beyond 50% of the depth of an allotment measured from the primary street frontage. (d) Must be located behind the building line of the property or no further forward than the alignment of any existing building on any adjoining property, whichever is the greater setback. (e) The maximum amount of cut or fill is restricted to 0.6m and the cut must not extend further than 0.9m beyond the perimeter of the building. All fill must be retained within the perimeter of the buildings. (f) For new dwelling houses two carparking spaces must be provided behind the building line. (g) Any car spaces and access provided must comply with the requirements of Australian Standard AS 2890.1--1993 Parking facilities, Part 1: Off-street car parking. Page 3 2002 No 778 Sutherland Shire Local Environmental Plan 2000 (Amendment No 16) Schedule 1 Amendment of Sutherland Shire Local Environmental Plan 2000 (h) Any driveways provided must be designed to align with footpath crossing levels issued by the Council. (i) New dwellings must be entitled to at least a 3.5 star rating under the House Energy Rating Scheme (NatHERS). (j) Additions and alterations to existing dwellings must comply with insulation (roof, wall and floor), hot water system, AAA rated fittings and clothes dryer requirements as per the existing development control plan requirements for single dwelling additions. (k) Works are not to include side or rear first floor balconies. (l) Works are not to include kitchen areas on the first floor. (m) Works are not to include installation of oil or solid fuel heating appliances. (n) Must comply with the Council's construction standards for buildings located in bushfire prone areas or relevant Council building standards. (o) Work on that part of the residential premises used for the purpose of preparation or storage of food (or both) for sale to the public as part of a home activity use, must comply with the Food Regulation 2001, the Council's Code for Food Premises and Code for Commercial Home Catering. Work does not include any commercial mechanical exhaust ventilation system. Page 4 2002 No 778 Sutherland Shire Local Environmental Plan 2000 (Amendment No 16) Amendment of Sydney Regional Environmental Plan No 17--Kurnell Peninsula (1989) Schedule 2 Schedule 2 Amendment of Sydney Regional Environmental Plan No 17--Kurnell Peninsula (1989) (Clause 5) Schedule 6 Complying development--general provisions Insert at the end of Part 1 of the Schedule: Two storey single dwelling houses and two storey additions or alterations to single dwelling houses (excluding areas where the Australian Noise Exposure Forecast (ANEF) is between 20 and 25) (a) Maximum height of 6.5m from ground level to the ceiling and 8m to the highest point of the roof. (b) Must be located a minimum of 1.5m off side boundaries. (c) The two storey component of any proposed dwelling or addition must not extend beyond 50% of the depth of an allotment measured from the primary street frontage. (d) Must be located behind the building line of the property or no further forward than the alignment of any existing building on any adjoining property, whichever is the greater setback. (e) The maximum amount of cut or fill is restricted to 0.6m and the cut must not extend further than 0.9m beyond the perimeter of the building. All fill must be retained within the perimeter of the buildings. (f) For new dwelling houses two carparking spaces must be provided behind the building line. (g) Any car spaces and access provided must comply with the requirements of Australian Standard AS 2890.1--1993 Parking facilities, Part 1: Off-street car parking. (h) Any driveways provided must be designed to align with footpath crossing levels issued by the Council. (i) New dwellings must be entitled to at least a 3.5 star rating under the House Energy Rating Page 5 2002 No 778 Sutherland Shire Local Environmental Plan 2000 (Amendment No 16) Schedule 2 Amendment of Sydney Regional Environmental Plan No 17--Kurnell Peninsula (1989) Scheme (NatHERS). (j) Additions and alterations to existing dwellings must comply with insulation (roof, wall and floor), hot water system, AAA rated fittings and clothes dryer requirements as per the existing development control plan requirements for single dwelling additions. (k) Works are not to include side or rear first floor balconies. (l) Works are not to include kitchen areas on the first floor. (m) Works are not to include installation of oil or solid fuel heating appliances. (n) Must comply with the Council's construction standards for buildings located in bushfire prone areas or relevant Council building standards. (o) Work on that part of the residential premises used for the purpose of preparation or storage of food (or both) for sale to the public as part of a home activity use, must comply with the Food Regulation 2001, the Council's Code for Food Premises and Code for Commercial Home Catering. Work does not include any commercial mechanical exhaust ventilation system. (p) Maximum floorspace ratio is 0.4:1. (q) Minimum landscaped area is 50% of the site area. Page 6 2002 No 778 Sutherland Shire Local Environmental Plan 2000 (Amendment No 16) Amendment of Sutherland Local Environmental Plan--Menai Town Centre 1992 Schedule 3 Schedule 3 Amendment of Sutherland Local Environmental Plan--Menai Town Centre 1992 (Clause 6) Schedule 2 Complying development--general provisions Insert at the end of Part 1 of the Schedule: Two storey single dwelling houses and two storey additions or alterations to single dwelling houses (excluding areas where the Australian Noise Exposure Forecast (ANEF) is between 20 and 25) (a) Maximum height of 6.5m from ground level to the ceiling and 8m to the highest point of the roof. (b) Must be located a minimum of 0.9m off side boundaries. (c) The two storey component of any proposed dwelling or addition must not extend beyond 50% of the depth of an allotment measured from the primary street frontage. (d) Must be located behind the building line of the property or no further forward than the alignment of any existing building on any adjoining property, whichever is the greater setback. (e) The maximum amount of cut or fill is restricted to 0.6m and the cut must not extend further than 0.9m beyond the perimeter of the building. All fill must be retained within the perimeter of the buildings. (f) For new dwelling houses two carparking spaces must be provided behind the building line. (g) Any car spaces and access provided must comply with the requirements of Australian Standard AS 2890.1--1993 Parking facilities, Part 1: Off-street car parking. (h) Any driveways provided must be designed to align with footpath crossing levels issued by the Council. (i) New dwellings must be entitled to at least a 3.5 star rating under the House Energy Rating Scheme (NatHERS). Page 7 2002 No 778 Sutherland Shire Local Environmental Plan 2000 (Amendment No 16) Schedule 3 Amendment of Sutherland Local Environmental Plan--Menai Town Centre 1992 (j) Additions and alterations to existing dwellings must comply with insulation (roof, wall and floor), hot water system, AAA rated fittings and clothes dryer requirements as per the existing development control plan requirements for single dwelling additions. (k) Works are not to include side or rear first floor balconies. (l) Works are not to include kitchen areas on the first floor. (m) Works are not to include installation of oil or solid fuel heating appliances. (n) Must comply with the Council's construction standards for buildings located in bushfire prone areas or relevant Council building standards. (o) Work on that part of the residential premises used for the purpose of preparation or storage of food (or both) for sale to the public as part of a home activity use, must comply with the Food Regulation 2001, the Council's Code for Food Premises and Code for Commercial Home Catering. Work does not include any commercial mechanical exhaust ventilation system. (p) Minimum landscaped area is 45% of the site area. BY AUTHORITY Page 8