Canterbury-Bankstown Local Environmental Plan 2023

This Plan is Canterbury-Bankstown Local Environmental Plan 2023.

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 Canterbury-Bankstown 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 manage growth in a way that contributes to the sustainability of Canterbury-Bankstown,

to protect landforms and enhance vegetation, especially foreshores and bushland, in a way that maintains the biodiversity values and landscape amenity of Canterbury-Bankstown,

to identify, conserve and protect the Aboriginal, natural, cultural and built heritage of Canterbury-Bankstown,

to provide development opportunities that are compatible with the desired future character and amenity of Canterbury-Bankstown,

to restrict development on land that is sensitive to urban and natural hazards,

to provide a range of residential accommodation to meet the changing needs of the population,

to provide a range of business and industrial opportunities to encourage local employment and economic growth and retain industrial areas,

to create vibrant town centres by focusing employment and residential uses around existing centres and public transport,

to provide a range of recreational and community service opportunities and open spaces to meet the needs of residents of and visitors to Canterbury-Bankstown,

to achieve good urban design in terms of site layouts, building form, streetscape, architectural roof features and public and private safety,

to ensure activities that may generate intensive car usage and traffic are located near public transport that runs frequently to reduce dependence on cars and road traffic,

to consider the cumulative impact of development on the health of the natural environment and waterways and on the capacity of infrastructure and the road network,

to support healthy living and enhance the quality of life and the social well-being and amenity of the community,

to ensure development is accompanied by appropriate infrastructure,

to promote ecologically sustainable development.

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—

Bankstown Local Environmental Plan 2015

Canterbury Local Environmental Plan 2012

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.

A development application made, but not finally determined, before the commencement of State Environmental Planning Policy Amendment (Bankstown Transport Oriented Development Precinct) 2024 must be determined as if that policy had not commenced.

A development application made, but not finally determined, before the commencement of Canterbury-Bankstown Local Environmental Plan 2023 (Amendment No 5) must be determined as if the plan had not commenced.

A development application, other than a development application for State significant development, made, but not finally determined, before the commencement of State Environmental Planning Policy Amendment (Punchbowl and Wiley Park Transport Oriented Development Precinct) 2026 must be determined as if the policy had not commenced.

Note—

However, under the Act, Division 3.5, a development application may be made for consent to carry out development that may only be carried out if the environmental planning instrument applying to the relevant development is appropriately amended or if a new instrument, including an appropriate principal environmental planning instrument, is made, and the consent authority may consider the application. The division requires public notice of the development application and the draft environmental planning instrument allowing the development at the same time, or as closely together as is practicable.

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.

[Not applicable]

For the purpose of enabling development on land in a zone to be carried out in accordance with this plan or with a consent granted under the Act, an agreement, covenant or other similar instrument that restricts the carrying out of the development does not apply to the extent necessary to serve the purpose.

This clause does not apply—

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

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

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

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

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

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

to a 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 a 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 a planning agreement within the meaning of the Act, Division 7.1.

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

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