Boorowa Local Environmental Plan 2012 (Amendment No 1) (2014-718) LW 14 November 2014 (NSW)

New South Wales

Boorowa Local Environmental Plan 2012

(Amendment No 1)

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.

ANTHONY McMAHON, GENERAL MANAGER, BOOROWA COUNCIL

As delegate for the Minister for Planning

Boorowa Local Environmental Plan 2012 (Amendment No 1)

under the

Environmental Planning and Assessment Act 1979

1      Name of Plan

This Plan is Boorowa Local Environmental Plan 2012 (Amendment No 1).

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 the following land in Boorowa:

(a)	Lots 1–31, DP 285029 (off Caringa Road, Boorowa known as Carinya Estate),
(b)	Lots 39 and 40, DP 2493 (Ballyryan Road, Boorowa),
(c)	Lots 26 and 27, DP 754103 (Alloway Street, Boorowa),
(d)	Lot 89, DP 754103 (Long Street, Boorowa),
(e)	Lot A, DP 153440 (Market Street, Boorowa),
(f)	Lots A, B and C, DP 157801 (Market Street, Boorowa),
(g)	Lot 2, DP 584989 (Market Street, Boorowa),
(h)	Lot 12, DP 577553 (Market Street, Boorowa).

4      Maps

The maps adopted by Boorowa Local Environmental 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 Boorowa Local Environmental

Plan 2012

[1]      Clause 1.3 Land to which land applies

Omit clause 1.3 (1A).

[2]      Clause 1.9A Suspension of covenants, agreements and instruments

Insert at the end of clause 1.9A (2) (g):

, or

(h) to land to which clause 6.9 applies (Carinya Estate).

[3]      Clause 6.9

Insert after clause 6.8:

6.9 Development on land known as Carinya Estate

(1)

The objective of this clause is to ensure that the location of dwellings and other development on the land to which this clause applies is appropriate having regard to the management of bush fire risk and biodiversity protection.

(2)

This clause applies to land off Caringa Road, Boorowa, being Lots 1–31, DP 285029 (known as Carinya Estate and identified as “Environmentally Sensitive Land” on the Environmentally Sensitive Land Map).

(3)

Development consent must not be granted to development on land to which

this clause applies unless:

(a)	the development is consistent with any development control plan that applies to the land, and
(b)	the consent authority is satisfied that:

(i)      the development will be protected by a bushfire asset protection zone,

(ii)      the development will not substantially impact on the flora and fauna of the site.

(4) In this clause, bushfire asset protection zone means an asset protection zone in accordance with Planning for Bush Fire Protection (ISBN 0 9751033 2 6) published by the NSW Rural Fire Service in December 2006.

[4]      Dictionary

Insert in alphabetical order:

Environmentally Sensitive Land Map means the Boorowa Local

Environmental Plan 2012 Environmentally Sensitive Land Map.