LEICHHARDT LOCAL ENVIRONMENTAL PLAN 2000 - REG 26 General provisions for the development of land

LEICHHARDT LOCAL ENVIRONMENTAL PLAN 2000 - REG 26

26 General provisions for the development of land

Note : Nothing in this clause is to be construed as requiring a public authority to acquire land--see section 27 (3) of the Act.

(1) Application Subclauses (3) and (4) apply to the land and relevant public authority for that land set out in the Table to this subclause.

Table

Land identified for acquisition	Relevant public authority
23 White Street, Lilyfield	Corporation established under the Act
35 White Street, Lilyfield	Corporation established under the Act
39 White Street, Lilyfield	Corporation established under the Act
22 Wisdom Street, Annandale	Corporation established under the Act
15 and 15a Hearn Street, Leichhardt	Leichhardt Municipal Council
1 and 3 Cahill Street, Camperdown	Leichhardt Municipal Council
Part of 23, 25, 29, 31, 33, 37, 39, 41, 43 and 45 Susan Street, Annandale, as shown coloured green on the Zoning Map	Leichhardt Municipal Council
Lot 101 Chester Street, Annandale	Leichhardt Municipal Council
Water Board land adjoining Johnstons Creek off Chester Street, Annandale	Leichhardt Municipal Council
9 The Crescent, Annandale	Leichhardt Municipal Council
State Rail Authority land, The Crescent, Annandale	Leichhardt Municipal Council
Part of 451-459 Glebe Point Road, Glebe, as shown coloured green on the Zoning Map	Leichhardt Municipal Council
Lot 1 DP 995083, Lot 37 DP 664777, Lot 2 DP 995083 and Lot 100 DP 850261, Wood and Hereford Streets (adjoining Orphan School Creek), Forest Lodge	Leichhardt Municipal Council

(3) Development pending acquisition Until land within the Open Space Zone to which this subclause applies is acquired by the public authority concerned, development may be carried out on that land for any purpose with development consent, where the consent authority is satisfied that the development will not diminish the usefulness of the land for the purpose for which it has been zoned.

(4) Consent is not to be granted to the carrying out of development of land to which this subclause applies, unless the Council has taken the following into consideration--

(a) the effect of the proposed development on the costs of acquisition,

(b) the imminence of acquisition,

(c) the costs of reinstatement of the land for the purposes for which the land is to be acquired,

(d) whether the proposed development will diminish the usefulness of the land for the purpose for which it has been zoned.

(5) Development near Open Space Zone boundaries Consent may be granted to the carrying out of development that is within the Open Space or Residential Zones and is within 10 metres of a boundary between those zones for any purpose for which development may be carried out either with or without development consent in the adjoining zone and on the other side of that boundary.

(6) Consent must not be granted in accordance with subclause (5) unless the consent authority is satisfied that--

(a) the development would not reduce the total area of land available for use as public open space, and

(b) in the opinion of the consent authority, the carrying out of the development is desirable to achieve a better disposition of buildings and open space on the land.

(7) Parks plans of management Nothing in the Plan prevents consent from being granted to development identified in a plan of management adopted by the Council under the Local Government Act 1993 in the Open Space Zone.