42Minor variation of zoning boundaries

42 Minor variation of zoning boundaries

42 Minor variation of zoning boundaries

(1) The objective of this clause is to provide flexibility where detailed investigation of a site and its surrounds reveals that a use allowed on the other side of a zone boundary would enable a more logical and appropriate development of the site.

(1A) This clause applies to land which is—

(a) within 20 metres of a boundary between land within Zone No 2 (a), 2 (t), 2 (v) or 3 (a) and land within Zone No 4 (a), 5 (a), 5 (b) or 7 (f2), or

(b) within 100 metres of a boundary between any two of the following zones—

Zone No 1 (a), 1 (b1), 1 (b2), 1 (c1), 1 (c2), 1 (d), 1 (e), 6 (b), 7 (c), 7 (d) or 9 (a), or

(c) within 20 metres of a boundary between land within Zone No 2 (a), 2 (t), 2 (v), 3 (a), 4 (a), 5 (a), 5 (b) or 7 (f2) and land within Zone No 1 (a), 1 (b1), 1 (b2), 1 (c1), 1 (c2), 1 (d), 1 (e), 6 (b), 7 (c), 7 (d) or 9 (a), or

(d) within 100 metres of a boundary between land within Zone No 7 (k) in West Suffolk Park as shown on the map marked “Byron Local Environmental Plan 1988 (Amendment No 2)” and land within Zone No 2 (a).

(2) Subject to subclauses (3) and (4), development may be carried out, with the consent of the council, on land to which this clause applies for any purpose for which development may be carried out in the adjoining zone on the other side of the boundary.

(3) The council shall not consent to the carrying out of development referred to in subclause (2) unless, in the opinion of the council, the carrying out of the development is desirable due to planning, design, ownership, servicing or similar requirements relating to the optimum development of land to which this plan applies.

(4) The council shall not consent to the carrying out of development under this clause on land within Zone No 7 (k) and referred to in subclause (1)(d) unless the council is satisfied that a boundary survey report of the significant habitat areas of the land establishes that the proposed development will have no adverse effects on those areas.

cl 42: Am 9.6.1989; 14.7.1989; 15.3.2002; 22.3.2002.