Liverpool Local Environmental Plan 2008

This Plan is Liverpool Local Environmental Plan 2008.

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

Editorial note.

This Plan was published in the Gazette before the insertion of this clause by amendments to the Standard Instrument (Local Environmental Plans) Order 2006.

This Plan aims to make local environmental planning provisions for land in Liverpool 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 encourage a range of housing, employment, recreation and services to meet the needs of existing and future residents of Liverpool,

to foster economic, environmental and social well-being so that Liverpool continues to develop as a sustainable and prosperous place to live, work, study and visit,

to provide community and recreation facilities, maintain suitable amenity and offer a variety of quality lifestyle opportunities to a diverse population,

to strengthen the regional position of the Liverpool city centre as the service and employment centre for Sydney’s south west region,

to concentrate intensive land uses and trip-generating activities in locations most accessible to public transport and centres,

to promote the efficient and equitable provision of public services, infrastructure and amenities,

to conserve, protect and enhance the environmental and cultural heritage of Liverpool,

to protect, connect, maintain and enhance the natural environment in Liverpool, and promote ecologically sustainable development which takes into account the environmental constraints of the land,

to minimise risk to the community in areas subject to environmental hazards, particularly flooding and bush fires, by managing development in sensitive areas,

to promote a high standard of urban design that responds appropriately to the desired future character of areas,

to improve public access along waterways and vegetated corridors while ensuring the natural environmental values of riparian and bushland corridors and the habitat they provide are protected and enhanced,

to improve public transport accessibility, and facilitate the increased use of public transport, cycling and pedestrian activity,

to enhance the amenity and positive characteristics of established residential areas,

to ensure the agricultural production potential of rural land and prevent its fragmentation,

to encourage development opportunities for business and industry so as to deliver local and regional employment growth.

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—

Liverpool Local Environmental Plan 1997,

Liverpool City Centre Local Environmental Plan 2007.

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 been exhibited but had not commenced.

An amendment made to this Plan by Liverpool Local Environmental Plan 2008 (Amendment No 82) does not apply to a development application made but not finally determined before the commencement of the amendment.

A development application made, but not finally determined, before the commencement of State Environmental Planning Policy Amendment (Flood Planning) 2023 must be determined as if that policy had not commenced.

An amendment made to this plan by Mosman Local Environmental Plan Amendment (Exempt and Complying Development Codes and Housing—Dual Occupancies) 2025 does not apply to a development application made, but not finally determined, before the commencement of the amendment.

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

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

to any trust agreement within the meaning of the Nature Conservation Trust Act 2001, or

to any property vegetation plan within the meaning of the Native Vegetation Act 2003, or

to any biobanking agreement within the meaning of Part 7A of the Threatened Species Conservation Act 1995.

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).