Sydney Regional Environmental Plan No 6—Gosford Coastal Areas (1983 EPI 32)

1 Name of Plan

This plan may be cited as Sydney Regional Environmental Plan No 6—Gosford Coastal Areas.

2 Aims, objectives etc

The aims and objectives of this plan are:

(a)  to encourage more efficient use of land in residential zones,

(b)  to retain the environmental and scenic value of conservation areas, including coastal cliffs, wooded and steep ridgelands and wetlands,

(c)  to provide for the development of low density tourist accommodation in rural areas in close proximity to important tourist and recreational destinations,

(d)  to provide for low density rural residential development consistent with the scenic protection of the area,

(e)  to provide for the development of land within the Erina—Terrigal area for residential community, commercial and open space purposes and for public utilities essential to serve the area, and

(f)  to provide for minor rounding-off of existing community boundaries where community benefits would accrue from an expanded population.

3 Land to which plan applies

This plan applies to land to which the Gosford Planning Scheme Ordinance and Interim Development Order No 122—Gosford apply.

4 Relationship to other environmental planning instruments

This plan:

(a)  amends:

(i)  the Gosford Planning Scheme Ordinance in the manner set out in clause 5,

(ii)  Interim Development Order No 122—Gosford in the manner set out in clause 6, and

(b)  repeals Interim Development Orders Nos 36 and 108—Shire of Gosford.

5 Amendment of Gosford Planning Scheme Ordinance

The Gosford Planning Scheme Ordinance is amended:

(a)  by omitting from clause 3 (1) the definition of development and by inserting instead the following definition:

  

development has the meaning ascribed to it in section 4 (1) of the Environmental Planning and Assessment Act 1979.

(b)  by inserting at the end of the definition of Scheme map in clause 3 (1) the following words:

  

Sydney Regional Environmental Plan No 6—Gosford Coastal Areas, to the extent to which that map relates to land shown as being within a zone other than Zone No 1 (c), 1 (d), 6 (d), 7 (a), 7 (c2) or 7 (c3) within the meaning of Interim Development Order No 122—Gosford.

(c)  by inserting after clause 3 (3) the following subclause:

  

(4)  Except in so far as the content or subject-matter otherwise indicates or requires, a reference in this Ordinance to subdivision is a reference to the subdivision of land within the meaning of section 4 (2) (d) of the Environmental Planning and Assessment Act 1979.

(d)  

(i)  by omitting from the Table to clause 10 the matter relating to Zone No 3 (b) and by inserting instead in Columns I, II, III, IV and V, respectively, the following matter:

  

(b)  Business Special Light blue with dark scarlet edging and lettered 3 (b).

…

…

Advertisements; building supplies outlets; car repair stations; child care centres; clubs; commercial premises; community buildings; drive-in take-away food shops; dwelling- houses; educational establishments; home industries; home occupations; hotels; industries referred to in Schedule 6; motels; motor showrooms; parking stations; places of assembly; places of public worship; plant nurseries; public buildings; recreational facilities; refreshment rooms; residential flat buildings; service stations; transport terminals; utility installations; warehouses.

Any purpose other than those included in Column IV.

(ii)  by inserting in Columns I, II, III, IV and V, respectively, of the Table to clause 10 after the matter relating to Zone No 9 (a) the following matter:

  

(b)  Special Residential (Site and service constraints). Dark brown with scarlet edging and lettered 9 (b).

…

…

Agriculture; drainage; dwelling-houses; flood mitigation works; open space; roads; utility installations (other than gas holders or generating works).

Any purpose other than those included in Column IV.

(e)  by omitting from clause 21 (a) the matter “or 6 (b)” and by inserting instead the matter “, 6 (b), 6 (d) or 6 (e)”,

(f)  

(i)  by omitting from clause 22 the matter “or 2 (c3)” and by inserting instead the matter “, 2 (c3), 9 (a) or 9 (b)”,

(ii)  by omitting from clause 22 (a) (ii) the words “land; and” and by inserting instead the word “land;”,

(iii)  by omitting from clause 22 (b) the word “with.” and by inserting instead the words “with; and”,

(iv)  by inserting after clause 22 (b) the following paragraph:

  

(c)  in the case of land within Zone No 9 (b), the Council has made an assessment of the physical constraints of the site and is satisfied that any such constraints do not prevent the effective utilization of the land for the purposes of a dwelling-house.

(g)  by inserting at the end of clause 23 (1) the following matter:

  

Sydney Regional Environmental Plan No 6—Gosford Coastal Areas, to the extent to which that map relates to land shown as being within a zone other than Zone No 1 (c), 1 (d), 6 (d), 7 (a), 7 (c2) or 7 (c3) within the meaning of Interim Development Order No 122—Gosford.

(h)  by omitting clause 26 (2) (d) and by inserting instead the following clause:

  

(d)  on land within Zone No 2 (a3) or 2 (a6) unless the land has:

(i)  an area not less than the area referred to in clause 30AAA 2 (g), and

(ii)  a width at the building line of not less than 15 metres, and

(i)  by inserting after clause 27 the following clause:

  

27A Town houses—Zone No 2 (a6)

(1)  This clause applies to land within Zone No 2 (a6).

(2)  A person may, with the consent of the Council, carry out development on land to which this clause applies having an area of not less than 5 000 square metres for the purposes of medium density residential flat buildings of the kind commonly known as town houses or villa homes.

(j)  by inserting after clause 30AA the following clause:

  

30AAA Subdivision—Zone Nos 2 (a1), 2 (a2), 2 (a3), 2 (a4), 2 (a5) or 2 (a6)

(1)  A person may, with the consent of the Council, subdivide land within Zone No 2 (a1), 2 (a2), 2 (a3), 2 (a4), 2 (a5) or 2 (a6).

(2)  The Council shall not grant consent to the subdivision of land within Zone No 2 (a3) or 2 (a6) unless:

(a)  the minimum area of any allotment is not less than 450 square metres, and

(b)  not more than 10 per cent of the allotments in the plan of proposed subdivision have an area of less than 550 square metres.

(k)  by omitting from Columns I and II, respectively, of the Table to clause 49E the following matter:

  

So much of the land within Zone No 2 (a6) as is land shown on the map marked “Gosford Local Environmental Plan No 26” and the map marked “Gosford Local Environmental Plan No 48” and the map marked “Gosford Local Environmental Plan No 49” and the map marked “Gosford Local Environmental Plan No 59” and the map marked “Gosford Local Environmental Plan No 75 copies of which are deposited in the office of the council and of the Department.

Medium density residential flat buildings of the kind commonly known as town houses or villa homes erected on land having an area of not less than 1 hectare.

6 Amendment of Interim Development Order No 122—Gosford

Interim Development Order No 122—Gosford is amended:

(a)  by inserting at the end of clause 2 (2A) the following matter:

  

Land shown on the map marked “Sydney Regional Environmental Plan No 6—Gosford Coastal Areas”, deposited in the office of the Council, as being in a zone other than Zone No 1 (c), 1 (d), 6 (d), 7 (a), 7 (c2) or 7 (c3).

(b)  

(i)  by omitting from clause 3 (1) the definitions of boarding house and motel,

(ii)  by omitting from clause 3 (1) the definition of development and by inserting instead the following definition:

  

development has the meaning ascribed to it in section 4 (1) of the Environmental Planning and Assessment Act 1979.

(iii)  by inserting at the end of the definition of I.D.C. Map in clause 3 (1) the following matter:

  

Sydney Regional Environmental Plan No 6—Gosford Coastal Areas,in respect of so much of the land shown on that map as being within Zone No 1 (c), 1 (d), 6 (d), 7 (a), 7 (c2) or 7 (c3).

(iv)  by inserting after the definition of the Act in clause 3 (1) the following definition:

  

tourist unit means a room or suite of rooms occupied or used or so constructed or adapted as to be capable of being occupied or used on a temporary basis for the accommodation of tourists only.

(v)  by inserting after clause 3 (2) the following subclause:

  

(3)  Except in so far as the content or subject-matter otherwise indicates or requires, a reference in this Order to subdivision is a reference to the subdivision of land within the meaning of section 4 (2) (d) of the Environmental Planning and Assessment Act 1979.

(c)  

(i)  by omitting from the matter relating to Zone No 1 (c) in Column I of the Table to clause 5 the word “Agriculture” and by inserting instead the words “Rural purposes”,

(ii)  by omitting from Column II of the Table to clause 5 shown opposite Zone Nos 1 (a), 1 (b), 1 (c), 5, 6 (a) and 6 (b), respectively, the word “; subdivision”,

(iii)  by inserting in Columns I and II, respectively, of the Table to clause 5 after the matter relating to Zone No 1 (c) the following matter:

  

1

(d)  Urban Investigation. Light brown with dark red edging and lettered 1 (d).

Agriculture; commercial signs; dwelling-houses; educational establishments; extractive industries; home industries; home occupations; mines; parks and gardens; places of public worship; plant nurseries; public and other reserves; stock homes; riding schools; roads.

(iv)  by omitting from Column II of the Table to clause 5 shown opposite Zone No 2 in Column I of the Table the words “boarding houses;” and “motels;”,

(v)  by omitting from Column II of the Table to clause 5 shown opposite Zone No 2 in Column I of the Table the word “subdivision” and by inserting instead the words “tourist units”,

(vi)  by omitting from Column II of the Table to clause 5 shown opposite Zone No 7 (b) in Column I of the Table the words “boarding houses;” and “motels;”,

(vii)  by omitting from Column II of the Table to clause 5 shown opposite Zone No 7 (b) in Column I of the Table the word “subdivision” and by inserting instead the words “tourist units”,

(viii)  by omitting from the matter relating to Zone No 7 (c2) in Column I of the Table to clause 5 the words “Coastal North” and by inserting instead the words “Rural Small Holdings”,

(ix)  by omitting from the matter relating to Zone No 7 (c3) in Column I of the Table to clause 5 the words “Coastal South” and by inserting instead the words “Tourist Accommodation”,

(x)  by omitting from Column II of the Table to clause 5 shown opposite Zone No 7 (c3) in Column I of the Table the words “boarding houses;” and ”motels;”,

(xi)  by omitting from Column II of the Table to clause 5 shown opposite Zone No 7 (c3) in Column I of the Table the word “subdivision” and by inserting instead the words “tourist units”,

(xii)  by omitting from Column II of the Table to clause 5 shown opposite Zone No 7 (c4) in Column I of the Table the words “boarding houses;” and “motels;”,

(xiii)  by omitting from Column II of the Table to clause 5 shown opposite Zone No 7 (c4) in Column I of the Table the word “subdivision” and by inserting instead the words “tourist units”,

(xiv)  by omitting from Column II of the Table to clause 5 shown opposite Zone No 7 (c5) in Column I of the Table the words “boarding houses;”,

(xv)  by omitting from Column II of the Table to clause 5 shown opposite Zone No 7 (d) in Column I of the Table the words “caravan parks;”,

(d)  by inserting in clause 6 after the word “land” the words “, other than land within Zone No 7 (a)”,

(e)  by omitting from clause 10 the words “caravan parks,”,

(f)  

(i)  by omitting from clause 14 (b) the matter “30” and by inserting instead the matter “25”,

(ii)  by inserting at the end of clause 14 the following subclause:

  

(2)  For the purposes of subclause (1), site area, in respect of land used or proposed to be used for the purposes of a caravan park, does not include the area of so much of the land as is or is to be used for a purpose other than a caravan park.

(g)  

(i)  by inserting in clause 18 (1) after the matter “1 (c),” the matter “1 (d),”,

(ii)  by inserting in clause 18 (3) (a) after the matter “1 (c),” the matter “1 (d),”,

(iii)  by omitting clause 18 (4) (b) and by inserting instead the following paragraph:

  

(b)  subdivide land within Zone No 7 (c2) so as to create one or more allotments having an area of less than 2 hectares but not less than 1 hectare where:

(i)  the person agrees with the Council to dedicate to it as a public reserve land within Zone No 6 (d), 6 (e), or 7 (a) which is in the same ownership as the land within Zone No 7 (c2),

(ii)  the person agrees to contribute to the Council an amount of money to be used by the Council for the purchase for use as a public reserve of land within Zone No 7 (a) or for the improvement or embellishment of any public reserve owned by the Council which is within Zone No 7 (a) or which was formerly within Zone No 7 (a) under this Order,

(iii)  the plan of subdivision is a strata plan within the meaning of the Strata Titles Act 1973, which includes as common property land within Zone No 7 (a) which adjoins land within Zone No 7 (c2) and that part of the common property is accessible from each of the lots in the strata plan,

(iv)  the person agrees to dedicate land within Zone No 6 (d), 6 (e) or 7 (a) in accordance with subparagraph (i) and to make a contribution in accordance with subparagraph (ii), or

(v)  the person agrees to make a contribution in accordance with subparagraph (ii) and to include land in common property in accordance with subparagraph (iii).

(iv)  by omitting from clause 18 (5) (a) and (5) (c) (i) the matter “clause (4) (b) (iii)” wherever occurring and by inserting instead the matter “(4) (b) (i)”,

(v)  by omitting from clause 18 (5) (a), (5) (c) (ii) and (6) the matter “(4) (b) (v)” wherever occurring and by inserting instead the matter “(4) (b) (iii)”,

(vi)  by omitting from clause 18 (5) (a) (i) the words “or if the land is within Zone No 7 (c3), by 4”,

(vii)  by inserting in clause 18 (5) (a) after the matter “6 (d)” the matter “, 6 (e)”,

(viii)  by omitting clause 18 (5) (a) (ii) and by inserting instead the following matter:

  

“(ii)  by dividing the area, expressed in hectares, of the land within Zone No 7 (a) to be dedicated or included in common property by 5,

calculated to the nearest whole number,”

(ix)  by omitting from clause 18 (5) (b), (5) (c) (iii) and (7) the matter “(4) (b) (iv)” wherever occurring and by inserting instead the matter “(4) (b) (ii)”,

(x)  by omitting from clause 18 (5) (b) (i) the words “, or, if the land is within Zone No 7 (c3) by 4”,

(xi)  by omitting clause 18 (5) (b) (ii) and by inserting instead the following subparagraph:

  

“(ii)  by dividing the amount of the contribution by 5 times the value of 1 hectare of land within Zone No 7 (a), as determined from time to time by agreement between the Council and the Director, or, if no such agreement is reached, as determined by the Director,

calculated to the nearest whole number, or”

(xii)  by inserting in clause 18 (5) (c) (i) after the matter “6 (d)” the matter “, 6 (e)”,

(xiii)  by omitting from clause 18 (5) (c) (iv) the words “and the area of the land (if any), expressed in hectares, within Zone No 7 (c3) by 4”,

(xiv)  by inserting after clause 18 (7) the following subclause:

  

(8)  A reference in this clause to Zone No 6 (e) shall be taken to be a reference to that zone in the Gosford Planning Scheme Ordinance.

(h)  by omitting clause 18A and by inserting instead the following clause:

  

18A Development applications

The provisions of sections 84, 85, 86, 87 (1) and 90 of the Environmental Planning and Assessment Act 1979 apply to and in respect of development for the purpose of a caravan park, club, a convalescent hospital, an hotel, a plant nursery, a recreation establishment, a refreshment room, tourist units and subdivision of land in accordance with clause 18 (4) (b) in the same way as those provisions apply to and in respect of designated development.

(i)  by omitting clause 21 (3)–(8) and by inserting instead the following subclauses:

  

(3)  Except as provided in subclause (4), a person may, with the consent of the Council, erect a dwelling-house on each allotment of land within any zone in which a dwelling-house may be erected with the consent of the Council where that allotment was in existence as a separate allotment immediately before 18th February, 1977.

(4)  The Council shall not grant consent as referred to in subclause (3) to the erection of a dwelling-house on an allotment of land within Zone No 7 (a) where that allotment is one of a number of adjoining allotments held in the same ownership as at 18th February, 1977, unless those allotments have been consolidated and a plan showing the consolidated allotments has been registered in the office of the Registrar General.

(5)  A second dwelling-house may, with the consent of the Council, be erected on an allotment referred to in subclause (3) where that allotment satisfies the requirements of clause 18 (3) (a), (b), (c) or (d), as the case may require, and the Council is satisfied that the dwelling-house is a dwelling-house of the type referred to in subclause (2) (a) or (b).

(j)  by omitting clauses 22 and 23,

(k)  

(i)  by omitting from the heading to clause 24 the word “Motels” and by inserting instead the words “Tourist Units”,

(ii)  by omitting from clause 24 the words “or motel” and by inserting instead the words “or tourist units”,

(iii)  by omitting from clause 24 (a) the words “hectares; and” and by inserting instead the word “hectares;”

(iv)  by omitting clause 24 (b) and by inserting instead the following paragraphs:

  

(b)  the ratio of the total floor space of any buildings erected on the land to the site area of the land exceeds 0.15:1, and

(c)  the height of any building erected on the land exceeds 7 metres.

(v)  by inserting at the end of clause 24 the following subclauses:

  

(2)  For the purposes of subclause 1 (b), site area, in respect of land used or proposed to be used for a hotel or tourist units, does not include the area of so much of the land as is or is to be used for a purpose other than an hotel or tourist units.

(3)  A plan may, with the consent of the Council, be registered as a strata plan of subdivision subject to the Strata Titles Act 1973, in respect of tourist units.

(l)  by omitting from Column I of the Table to clause 32 the word “motel” and by inserting instead the words “tourist units”,

(m)  by inserting in clause 39 (a) after the matter “6 (a),” the matter “6 (d),”,

(n)  by omitting from clauses 60 (6) (e), 60 (8) and 60 (9) the words “Metropolitan Water Sewerage and Drainage Board or the Hunter District Water Board, as the case may be,” wherever occurring and by inserting instead the words “Gosford City Council”,

(o)  by inserting after clause 99 the following clause:

  

99A As a consequence of the carrying out of any development on land in accordance with this order (as in force at the time the development is carried out), this order identifies a likely increased demand for public amenities and public services as specified in Schedule 1 and stipulates that dedication or a contribution under section 94 (1) of the Environmental Planning and Assessment Act 1979 , or both, may be required as a condition of any consent to that development.

(p)  by inserting at the end of the order the following Schedule:

  

Schedule 1

(Clause 99A)

1 Community facilities.

2 Community facilities structures; child care centres; community meeting rooms and halls; community arts centre; community libraries; community health and welfare offices; interim community houses.

3 Public open space.

4 Embellishment, landscaping and infra-structure provision for passive, active, and other public open space; routes and areas for walkways, cycleway and parking systems, lighting and amenities; active outdoor recreation facilities and structures; sports court facilities, playing fields, swimming facilities, sports grounds and facilities and amenities structures; active indoor recreation structures, facilities and land requirements.

5 Stormwater drainage purposes.

6 Construction and landscaping of drainage structures, including drainage swales, retention basins, inlet/outlet systems, culverts and piping systems.

7 Local roads; construction and landscaping of local roadworks.

8 Public car parks and landscaped areas in business centres; construction and embellishment of public carparks and landscaped areas.

7 Repeal of Interim Development Orders Nos 36 and 108—Shire of Gosford

Interim Development Orders Nos 36 and 108—Shire of Gosford are hereby repealed.