Cessnock Local Environmental Plan 2011 (Amendment No 5) (2013-598) LW 18 October 2013 (NSW)

New South Wales

Cessnock Local Environmental Plan 2011

(Amendment No 5)

under the

Environmental Planning and Assessment Act 1979

I, the Minister for Planning and Infrastructure, make the following local environmental plan under the Environmental Planning and Assessment Act 1979.

NEIL SELMON

As delegate for the Minister for Planning and Infrastructure

Cessnock Local Environmental Plan 2011 (Amendment No 5)

under the

Environmental Planning and Assessment Act 1979

1      Name of Plan

This Plan is Cessnock Local Environmental Plan 2011 (Amendment No 5).

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 land to which Cessnock Local Environmental Plan 2011 applies.

4      Maps

Each map adopted by Cessnock Local Environmental Plan 2011 that is specified in Column 1 of the following table is declared by this Plan to be amended or replaced, as the case requires, by the map specified opposite in Column 2 of the table as approved by the Minister on the making of this Plan:

Column 1	Column 2
Name of map being amended or	Name of amending or replacement
replaced	map
Cessnock Local Environmental Plan 2011	Cessnock Local Environmental Plan 2011
Land Zoning Map	Land Zoning Map
(1720_COM_LZN_009A_040_20130321)	(1720_COM_LZN_009A_040_20130815)
Cessnock Local Environmental Plan 2011	Cessnock Local Environmental Plan 2011
Lot Size Map	Lot Size Map
(1720_COM_LSZ_009A_040_20111206)	(1720_COM_LSZ_009A_040_20130614)
Cessnock Local Environmental Plan 2011	Cessnock Local Environmental Plan 2011
Urban Release Area Map	Urban Release Area Map
(1720_COM_URA_009A_040_20130411)	(1720_COM_URA_009A_040_20130614)

Schedule 1

Amendment of Cessnock Local Environmental

Plan 2011

Clause 4.1B

Insert after clause 4.1A:

4.1B	Minimum lot sizes for certain split zones
(1) The objectives of this clause are:

(a)	to provide for the subdivision of lots that are within more than one zone and cannot be subdivided under clause 4.1, and
(b)	to ensure that the subdivision occurs in a manner that promotes suitable land uses and development.

(2)

This clause applies to each lot (an original lot) that only contains:

(a)	land in a residential, business or industrial zone, and
(b)	land in Zone E2 Environmental Conservation.

(3)

Despite clause 4.1, development consent may be granted to subdivide an

original lot to create other lots (the resulting lots) if:

(a) one of the resulting lots will contain:

(i)      land in a residential, business or industrial zone that has an area that is not less than the minimum size shown on the Lot Size Map in relation to that land, and

(ii)      all of the land in Zone E2 Environmental Conservation that was in the original lot, and

(b) all other resulting lots will contain land that has an area that is not less than the minimum size shown on the Lot Size Map in relation to that land.