Shellharbour Local Environmental Plan 2013

This Plan is Shellharbour Local Environmental Plan 2013.

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 Shellharbour 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 development that balances ecological sustainability, social justice principles of equality, access, rights and participation and economic viability,

to encourage a range of development, including diversity of housing types, employment, services and recreational opportunities that meet the needs of existing and future residents, visitors, business owners and workers of Shellharbour,

to enhance the amenity and characteristics of established residential areas,

to retain affordable housing opportunities as a way of ensuring a sustainable and inclusive community,

to encourage development that has considered safer by design principles so that potential impacts to life and property from crime is minimised,

to ensure development facilitates the economic and social vitality of Shellharbour City Centre as a major regional centre,

to improve connectivity and accessibility in Shellharbour and encourage development that enables walking, cycling and public transport usage,

to conserve, protect and enhance the heritage values of Shellharbour,

to protect, enhance and maintain significant landscapes with visual, scenic, historic, ecological or conservation value, including the Illawarra Escarpment, Lake Illawarra and the coastline, for the benefit of present and future generations,

to protect and conserve—

remnant native vegetation, and

soil stability by controlling development in accordance with land capability, and

water resources, water quality and wetland areas, natural flow patterns and their catchments and buffer areas,

to conserve the scenic and environmental resources of the land, including the protection of environmental assets such as native vegetation, waterways and wetlands and habitats for threatened species, populations and endangered ecological communities,

to recognise the importance of, and to retain the productive capacity of, agricultural land that contributes to the local economy,

to minimise risk to the community in areas subject to environmental hazards, particularly flooding, coastal inundation, bush fires, acid sulfate soils and unstable land.

This Plan applies to the land identified on the Land Application Map.

Despite subclause (1), this Plan does not apply to the land identified as “Deferred matter” 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.

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.

Note.

However, the following local environmental plans continue to apply to the land identified as “Deferred matter” under clause 1.3 (1A)—

Shellharbour Local Environmental Plan 2000

Shellharbour Rural Local Environmental Plan 2004

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.

Note.

However, under Division 3.5 of the Act, 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.

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.

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—

State Environmental Planning Policy (Housing) 2021, Chapter 3, Part 1 does not apply to development on the land for the purposes of the temporary use of a single moveable dwelling, other than a moveable dwelling that is a manufactured home, as a secondary dwelling under clause 6.17.