Ballina Local Environmental Plan 2012 (Amendment No 47) (2021-336) LW 25 June 2021 (NSW)

New South Wales

Ballina Local Environmental Plan 2012

(Amendment No 47)

under the

Environmental Planning and Assessment Act 1979

The following local environmental plan is made by the local plan-making authority under the

Environmental Planning and Assessment Act 1979.

TARA McGREADY, MANAGER, STRATEGIC PLANNING

BALLINA SHIRE COUNCIL

As delegate for the local plan-making authority

Ballina Local Environmental Plan 2012 (Amendment No 47) [NSW]

Ballina Local Environmental Plan 2012 (Amendment No 47)

under the

Environmental Planning and Assessment Act 1979

1      Name of Plan

This Plan is Ballina Local Environmental Plan 2012 (Amendment No 47).

2      Commencement

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

website.

3      Land to which Plan applies

This Plan applies to land zoned RU2 Rural Landscape under Ballina Local

Environmental Plan 2012.

Ballina Local Environmental Plan 2012 (Amendment No 47) [NSW] Schedule 1 Amendment of Ballina Local Environmental Plan 2012

Schedule 1

Amendment of Ballina Local Environmental Plan

2012

[1]      Clause 2.8 Temporary use of land

Omit “52” from clause 2.8(2). Insert instead “14”.

[2]      Land Use Table

Omit “Function centres;” from item 3 of the matter relating to Zone RU2 Rural Landscape.

[3]      Land Use Table, Zone RU2 Rural Landscape, item 4

Insert “Function centres;” in appropriate order.

[4]      Clause 7.14

Insert after clause 7.13—

7.14 Temporary use of land in Zone RU2 for purpose of function centre

(1)	The objectives of this clause are to ensure—
(a) development is compatible with the primary production potential, rural

character and environmental capabilities of the land, and

(b) development for the occasional holding of events in rural areas does not

adversely impact the rural amenity, agricultural production, scenic or

environmental values of the surrounding lands.

(2)	Development consent may be granted for development on land within Zone
RU2 Rural Landscape for the purpose of a function centre for a maximum
period of 3 years from the date of consent.
(3)	Development consent must not be granted under subclause (2) unless the
consent authority is satisfied that—
(a) the development is not for the purpose of a convention centre,

exhibition centre or for holding a music festival within the meaning of

the Music Festivals Act 2019, and

(b)	the development is small scale and low impact, and
(c)	the development will not generate noise, traffic, parking or light spill

that will significantly impact on surrounding residential areas, and

(d) the development will not impair the use of the surrounding land for

agriculture or rural industries, and

(e) no more than 1 event will be held at the function centre on a weekend,

and

(f) no more than 20 events will be held at the function centre in any period

of 12 months, and

(g) no more than 150 guests will be permitted to attend an event at the

function centre at any one time, and

(h) the development will not be used for the purpose of a function centre

under this clause after 3 years from the date of consent.