Clarence Valley Local Environmental Plan 2011 (Amendment No 27) (2016-591) LW 23 September 2016 (NSW)

New South Wales

Clarence Valley Local Environmental Plan

2011 (Amendment No 27)

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.

DAVID MORRISON, MANAGER STRATEGIC AND ECONOMIC PLANNING,

CLARENCE VALLEY COUNCIL

As delegate for the Minister for Planning

Clarence Valley Local Environmental Plan 2011 (Amendment

No 27)

under the

Environmental Planning and Assessment Act 1979

1      Name of Plan

This Plan is Clarence Valley Local Environmental Plan 2011 (Amendment No 27).

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 Zone R1 General Residential, Zone R2 Low Density Residential, Zone R3 Medium Density Residential and Zone SP3 Tourist under the Clarence Valley Local Environmental Plan 2011.

Schedule 1

Amendment of Clarence Valley Local

Environmental Plan 2011

[1]      Land Use Table

Omit “Dual occupancies;” from item 3 of the matter relating to Zone R1 General

Residential.

[2]      Land Use Table, Zone R1 General Residential

Insert “Residential accommodation;” in alphabetical order in item 3.

[3]      Land Use Table, Zone R1 General Residential

Omit “Any” from item 4. Insert instead “Rural workers’ dwellings; Any other”.

[4]      Land Use Table, Zone R2 Low Density Residential

Omit “Dual occupancies;”, “Hostels;” and “Semi-detached dwellings;” from item 3.

[5]      Land Use Table, Zone R2 Low Density Residential

Insert “Residential accommodation;” in alphabetical order in item 3.

[6]      Land Use Table, Zone R2 Low Density Residential

Omit “Any” from item 4.

Insert instead “Attached dwellings; Multi dwelling housing; Residential flat buildings;

Rural workers’ dwellings; Any other”.

[7]      Land Use Table, Zone R3 Medium Density Residential

Omit “Dual occupancies;”, “Dwelling houses;”, “Hostels;”, “Residential flat buildings;” and “Semi-detached dwellings;” from item 3.

[8]      Land Use Table, Zone R3 Medium Density Residential

Insert “Residential accommodation;” in alphabetical order in item 3.

[9]      Land Use Table, Zone R3 Medium Density Residential

Omit “Any” from item 4.

Insert instead “Rural workers’ dwellings; Shop top housing; Any other”.

[10]      Clause 7.11

Insert after clause 7.10:

7.11 Workforce accommodation

(1)

The objectives of this clause are as follows:

(a)	to enable development for workforce accommodation if there is a demonstrated need to accommodate workers due to the nature of the work in which the workers are employed or due to the accommodation needs of the workforce,
(b)	to ensure that workforce accommodation is designed and located such that it will not have an unreasonable adverse impact on adjoining uses or the amenity of the neighbourhood and maximises its potential for beneficial outcomes for the local economy,
(c)	to ensure that workforce accommodation will not prejudice the future use of the land,
(d)	to minimise the impact of workforce accommodation on local roads and infrastructure.

(2)

This clause applies to land in the following zones:

(a)	Zone R1 General Residential,
(b)	Zone R2 Low Density Residential,
(c)	Zone R3 Medium Density Residential,
(d)	Zone SP3 Tourist.

(3)

Development consent must not be granted for workforce accommodation on land to which this clause applies unless the consent authority is satisfied that:

(a)	there is a need to provide workforce accommodation because of large-scale development being carried out or because of the remote or isolated location of the land on which any development is being carried out, and
(b)	the accommodation needs of the workforce cannot reasonably be met using other types of residential accommodation (whether existing or otherwise), and
(c)	water reticulation systems and sewerage systems will be provided to adequately meet the requirements of the workforce accommodation, and
(d)	any infrastructure provided in connection with the workforce accommodation will, if practicable, continue to be used once the workforce accommodation is no longer required, and
(e)	the workforce accommodation is not likely to have significant adverse impacts on the use of any adjoining land or the amenity of the neighbourhood, and
(f)	the workforce accommodation will be appropriately designed and located to maximise residential amenity, and
(g)	the workforce accommodation will not prejudice the subsequent carrying out of development on the land in accordance with this Plan and any other applicable environmental planning instrument, and
(h)	the workforce accommodation will not provide services or facilities that are, or can otherwise practicably be, provided within the locality.

(4)

In this clause:

workforce accommodation means any habitable buildings and associated

amenities erected or altered for the purpose of providing accommodation for

persons employed to carry out work of a nature and scale that requires the

employment of additional persons on a permanent, temporary or seasonal

basis, such as large-scale infrastructure projects.