Bayside Local Environmental Plan 2021

This Plan is Bayside Local Environmental Plan 2021.

This Plan commences on the day on which it is published on the NSW legislation website.

This Plan aims to make local environmental planning provisions for land in Bayside in accordance with the relevant standard environmental planning instrument under section 3.20 of the Act.

The particular aims of this Plan are as follows—

to protect and promote the use and development of land for arts and cultural activity, including music and other performance arts,

to protect, conserve and enhance Aboriginal cultural heritage and the environmental, cultural, scenic, built and landscape heritage of Bayside,

to provide high quality open space areas and recreational facilities,

to reduce community risk and improve resilience to, and from, urban and natural hazards,

to encourage sustainable economic growth and development in Bayside,

to create a liveable urban place through the application of design excellence in all elements of the built environment and public domain,

to encourage diversity in housing to meet the needs of, and enhance amenity for, Bayside residents,

to encourage walking, cycling and use of public transport through appropriate intensification of development densities surrounding transport nodes,

to encourage development that demonstrates efficient and sustainable use of energy and resources in accordance with ecologically sustainable development principles,

to enhance and protect the functions and roles of the international trade gateways of Sydney Airport and Port Botany,

to increase urban tree canopy cover and enable the protection and enhancement of green corridor connections,

to promote and enhance the amenity of Botany Bay’s foreshores and Bayside’s waterways.

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.

The consent authority for the purposes of this Plan is (subject to the Act) the Council.

A reference in this Plan to a named map adopted by this Plan is a reference to a map by that name—

approved by the local plan-making authority when the map is adopted, and

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 local plan-making authority when the instruments are made.

(Repealed)

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.

Any such maps are to be kept and made available for public access in accordance with arrangements approved by the Minister.

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 NSW Planning Portal. 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.

All local environmental plans and deemed environmental planning instruments applying only to the land to which this Plan applies are repealed.

Note.

The following local environmental plans are repealed under this provision—

Botany Bay Local Environmental Plan 2013

Botany Local Environmental Plan 1995

Rockdale Local Environmental Plan 2011

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.

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.

This Plan is subject to the provisions of any State environmental planning policy that prevails over this Plan as provided by section 3.28 of the Act.

The following State environmental planning policies (or provisions) do not apply to the land to which this Plan applies—

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.

This clause does not apply—

to a covenant imposed by the Council or that the Council requires to be imposed, or

to any biodiversity certification conferred under Part 8 of the Biodiversity Conservation Act 2016, or

to any private land conservation agreement within the meaning of the Biodiversity Conservation Act 2016, or

to any relevant instrument within the meaning of section 13.4 of the Crown Land Management Act 2016, or

to the relevant provisions of a land management (native vegetation) code (and the necessary mandatory code compliant certificate) with respect to a set aside area under Part 5A of the Local Land Services Act 2013, or

to any conservation agreement within the meaning of the National Parks and Wildlife Act 1974, or

to any property vegetation plan within the meaning of the Native Vegetation Act 2003 that is continued in force by the Biodiversity Conservation (Savings and Transitional) Regulation 2017, or

to any Trust agreement within the meaning of the Nature Conservation Trust Act 2001 that is continued in force by the Biodiversity Conservation (Savings and Transitional) Regulation 2017, or

to any planning agreement within the meaning of Division 7.1 of the Act.

This clause does not affect the rights or interests of any public authority under any registered instrument.

Under section 3.16 of the Act, the Governor, before the making of this clause, approved of subclauses (1)–(3).