Byron Local Environmental Plan 1988 (Amendment No 124) (2006-393) [GG No 90 of 7.7.2006, p 5343] (NSW)
2006 No 393
| New South Wales |
Byron Local Environmental Plan 1988
(Amendment No 124)
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. (GRA6323451/PC)
FRANK SARTOR, M.P.,
Minister for Planning
| Published in Gazette No 90 of 7 July 2006, page 5343 | Page 1 |
| 2006 No 393 |
| Clause 1 | Byron Local Environmental Plan 1988 (Amendment No 124) |
Byron Local Environmental Plan 1988 (Amendment
No 124)
under the
Environmental Planning and Assessment Act 1979
1 Name of plan
This plan is Byron Local Environmental Plan 1988 (Amendment
No 124).
2 Aims of plan
The aims of this plan are to amend Byron Local Environmental
Plan 1988:
| (a) | to allow, with consent, community title subdivision in accordance with the Community Land Development Act 1989 of certain land approved for multiple occupancy development into rural residential allotments and common property, and |
| (b) | to insert a new clause and schedule into Byron Local Environmental Plan 1988 which lists certain requirements relating to community title subdivision of land as referred to in paragraph (a) above and any future development on the land. |
3 Land to which plan applies
This plan applies to the following land within the local government area of Byron:
| (a) | Lot 4, DP 749004, Durrumbul Road, Durrumbul, |
| (b) | Lot 1, DP 115187, Durrumbul Road, Durrumbul, |
| (c) | Lot 8, DP 5130, Lot 8, DP 5109 and Lot 1, DP 1045943, Fowlers Lane, Bangalow, |
| (d) | Lot 3, DP 748585, Preston’s Lane, Tyagarah, |
| (e) | Lot 64, DP 755712, Mafeking Road, Goonengerry, |
| (f) | Lot 24, DP 755722, Coopers Lane, Mullumbimby. |
4 Amendment of Byron Local Environmental Plan 1988
Byron Local Environmental Plan 1988 is amended as set out in
Schedule 1.
2006 No 393
Byron Local Environmental Plan 1988 (Amendment No 124)
| Amendments | Schedule 1 |
| Schedule 1 | Amendments |
(Clause 4)
[1] Clause 17A Multiple occupancy
Omit clause 17A (5). Insert instead:
| (5) | Except as provided by clause 17B, if the council grants consent in accordance with this clause to development on a parcel of land to which this clause applies, subdivision of that parcel (including subdivision under the Community Land Development Act 1989 or subdivision by means of a strata plan or a strata plan of subdivision within the meaning of the Strata Schemes (Freehold Development) Act 1973 or the Strata Schemes (Leasehold Development) Act 1986) is prohibited. |
[2] Clause 17B
Insert after clause 17A:
|
| (1) | This clause applies to land referred to in Schedule 13. | |||||||||
| (2) | Community title subdivision of land to which this clause applies may, with development consent, be carried out in accordance with the requirements and conditions of Schedule 13 and this clause. | |||||||||
| (3) | The total number of lots created must be equal to or less than that listed in Schedule 13 in relation to the land concerned. | |||||||||
| (4) | Consent must not be granted to a development application for community title subdivision under this clause if the application was lodged more than two years after the date of gazettal of the plan that inserted the relevant item into Schedule 13. | |||||||||
| (5) | Consent must not be granted to a development application for community title subdivision under this clause unless the Council has considered the following information in relation to the proposed development: | |||||||||
|
2006 No 393
Byron Local Environmental Plan 1988 (Amendment No 124)
| Schedule 1 | Amendments |
| (f) | a neighbourhood management statement, including but not limited to the following: | |||||
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enhancement,
(iv) provision for waste management,
(v) provision for water management,
(vi) provision for on-site sewage management,
(vii) provision for design and construction of any new dwellings.
| (6) | An environmental repair and enhancement management plan as referred to in subclause (5) (d) must address: | |
|
(i) planting of not less than 900 native plants per dwelling-house or holiday cabin,
(ii) all plantings to be undertaken in priority areas for environmental repair to ensure the expansion of the following:
(A) wildlife corridors and connecting areas
between vegetation remnants,
| (B) | existing vegetation remnants, |
| (C) | habitats for threatened species and plant communities, |
| (D) | riparian areas adjoining water courses, |
(iii) all plantings to be based on locally sourced species,
(iv) the aims and objectives of environmental rehabilitation as they relate to flora and fauna communities and habitats,
(v) a detailed planting strategy incorporating the following:
|
2006 No 393
Byron Local Environmental Plan 1988 (Amendment No 124)
| Amendments | Schedule 1 |
(G) expected completion date for planting
activities,
| (H) | a weed maintenance program, |
| (vi) |
a detailed regeneration and rehabilitation strategy (A) areas for regeneration and rehabilitation
work,
| (B) | the activities proposed in each area, | |||||
| (C) |
| |||||
| implementation in those areas, and |
| (b) | the objectives and provisions of the Byron Biodiversity Conservation Strategy 2004, including but not limited to the following components: | |
|
| (A) | high conservation value vegetation, |
| (B) | wildlife corridors, |
| (C) | existing erosion and land degradation, |
(D) streambanks, watercourses and drainage
lines,
(E) environmental repair and enhancement
zones,
| (F) | any proposed buffer plantings, |
| (G) | any other relevant items, |
(ii) where high conservation value vegetation and habitats occur on the land, specific management measures to ensure its conservation,
(iii) where a wildlife corridor occurs on the land, specific management measures to ensure its conservation,
(iv) measures to control and manage noxious and environmental weeds and introduced pest species,
(v) measures to protect steeply sloping areas and manage erosion and land degradation,
(vi) measures to manage sedimentation and prevent degradation of watercourses, creeks and drainage lines,
(vii) where threatened species or communities occur on the land, measures to manage and protect individuals or communities and their habitats,
(viii) measures to manage vegetation and habitats in asset protection zones,
2006 No 393
Byron Local Environmental Plan 1988 (Amendment No 124)
| Schedule 1 | Amendments |
(ix) measures to control and manage pollution of waterways and existing native vegetation from residential and agricultural use of the land,
(x) measures to address the provisions of any Council adopted guidelines for property or biodiversity management plans.
| (7) | In this clause, community title subdivision means subdivision in accordance with the Community Land Development Act 1989. |
[3] Schedule 13
Insert after Schedule 12:
|
(Clause 17B)
| Item | Land | Description of development |
| 1 | Lot 3, DP 748585, | Neighbourhood scheme creating 7 neighbourhood |
| corner Prestons and | lots ranging in size from 0.7 to 1.0 hectares, with no | |
| Grays Lane, Tyagarah | more than one dwelling to be erected on each lot, and one lot of neighbourhood property. | |
| 2 | Lot 24, DP 755722, | Neighbourhood scheme creating 3 neighbourhood |
| Coopers Lane, | lots ranging in size from 0.6 to 1.2 hectares, with no | |
| Mullumbimby | more than one dwelling to be erected on each lot, and one lot of neighbourhood property. | |
| 3 | Lot 8, DP 5130, Lot 8, | Neighbourhood scheme creating 12 neighbourhood |
| DP 5109 and Lot 1, DP | lots ranging in size from 0.5 to 1.1 hectares, with no | |
| 1045943, Fowlers | more than one dwelling to be erected on each lot, | |
| Lane, Bangalow | and one lot of neighbourhood property. | |
| 4 | Lot 64, DP 755712, | Neighbourhood scheme creating 6 neighbourhood |
| Mafeking Road, | lots ranging in size from 0.7 to 1.2 hectares, with no | |
| Goonengerry | more than one dwelling to be erected on each lot, and one lot of neighbourhood property. | |
| 5 | Lot 4, DP 749004, | Neighbourhood scheme creating 7 neighbourhood |
| Durrumbul Road, | lots ranging in size from 0.9 to 1.6 hectares, with no | |
| Durrumbul | more than one dwelling to be erected on each lot, and one lot of neighbourhood property. | |
| 6 | Lot 1, DP 115187, | Neighbourhood scheme creating 4 neighbourhood |
| Durrumbul Road, | lots ranging in size from 0.3 to 0.6 hectares, with no | |
| Durrumbul | more than one dwelling to be erected on each lot, and one lot of neighbourhood property. |
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