Blayney Local Environmental Plan 2012 (Amendment No 7) (2016-783) LW 16 December 2016 (NSW)

New South Wales

Blayney Local Environmental Plan 2012

(Amendment No 7)

under the

Environmental Planning and Assessment Act 1979

I, the Minister for Planning, make the following local environmental plan under the

Environmental Planning and Assessment Act 1979.

REBECCA RYAN, GENERAL MANAGER, BLAYNEY SHIRE COUNCIL

As delegate for the Minister for Planning

Blayney Local Environmental Plan 2012 (Amendment No 7)

under the

Environmental Planning and Assessment Act 1979

1      Name of Plan

This Plan is Blayney Local Environmental Plan 2012 (Amendment No 7).

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 in the following zones under Blayney Local Environmental

Plan 2012:

(a)	Zone RU1 Primary Production,
(b)	Zone RU2 Rural Landscape,
(c)	Zone R5 Large Lot Residential.

4      Maps

The maps adopted by Blayney Local Environment Plan 2012 are amended or replaced, as the case requires, by the maps approved by the Minister on the making of this Plan.

Schedule 1

Amendment of Blayney Local Environmental Plan

2012

[1]      Clause 4.2A Erection of dwelling houses or dual occupancies on land in certain rural zones

Insert “under an environmental planning instrument” after “created” in clause 4.2A (3) (c).

[2]      Clause 4.2A (4)

Omit “3” from clause 4.2A (4). Insert instead “5”.

[3]      Clause 4.2B

Insert after clause 4.2A:

4.2B

Boundary adjustments between lots in certain rural zones

(1)	The objective of this clause is to facilitate boundary adjustments between lots where one or more resultant lots do not meet the minimum lot size but the objectives of the relevant zone can be achieved.
(2)	This clause applies to land in the following zones:

(a)	Zone RU1 Primary Production,
(b)	Zone RU2 Rural Landscape.

(3)

Despite clause 4.1, development consent may be granted to subdivide land by way of a boundary adjustment between adjoining lots where one or more resulting lots do not meet the minimum lot size shown on the Lot Size Map in relation to that land, if the consent authority is satisfied that:

(a)	the subdivision will not create additional lots or the opportunity for additional dwellings, and
(b)	the number of dwellings or opportunities for dwellings on each lot after the subdivision will remain the same as before the subdivision, and
(c)	the potential for land use conflict will not be increased as a result of the subdivision, and
(d)	the subdivision will not have a significant adverse effect on the agricultural viability of the land.