Clarence Valley Local Environmental Plan No 1 (2004-683) [GG No 156 of 8.10.2004, p 7888] (NSW)

2004 No 683

New South Wales

Clarence Valley Local Environmental

Plan No 1

under the

Environmental Planning and Assessment Act 1979

I, the Minister Assisting the Minister for Infrastructure and Planning (Planning Administration), make the following local environmental plan under the Environmental Planning and Assessment Act 1979. (G04/00051/PC)

DIANE BEAMER, M.P.,

Minister Assisting the Minister for Infrastructure

and Planning (Planning Administration)

Published in Gazette No 156 of 8 October 2004, page 7888	Page 1
2004 No 683

Clause 1 Clarence Valley Local Environmental Plan No 1

Clarence Valley Local Environmental Plan No 1

under the

Environmental Planning and Assessment Act 1979

1      Name of plan

This plan is Clarence Valley Local Environmental Plan No 1.

2      Aims of plan

This plan aims to amend the exempt and complying development criteria of a number of planning instruments applying to the local government area of Clarence Valley to enable consideration of the Clarence Valley Council Sustainable Water Development Control Plan.

3      Land to which plan applies

This plan applies to all land in the local government area of Clarence

Valley.

4      Relationship with other environmental planning instruments

This plan:

(a)	amends Copmanhurst Local Environmental Plan 1990 in the manner set out in Schedule 1, and
(b)	amends Grafton Local Environmental Plan 1988 in the manner set out in Schedule 2, and
(c)	amends Maclean Local Environmental Plan 2001 in the manner set out in Schedule 3, and
(d)	amends Nymboida Local Environmental Plan 1986 in the manner set out in Schedule 4, and
(e)	amends Ulmarra Local Environmental Plan 1992 in the manner set out in Schedule 5, and
(f)	amends State Environmental Planning Policy No 60—Exempt and Complying Development in the manner set out in Schedule 6.

2004 No 683

Clarence Valley Local Environmental Plan No 1

Amendment to Copmanhurst Local Environmental Plan 1990 Schedule 1

Schedule 1

Amendment to Copmanhurst Local

Environmental Plan 1990

(Clause 4 (a))

[1]      Clause 5 Definitions

Insert “, subject to clause 5 (3)” after “Copmanhurst” in the definition of council in clause 5 (1).

[2]      Clause 5 (3)

Insert after clause 5 (2):

(3) In relation to land within the local government area of Clarence Valley, a reference in this plan to the council includes a reference to Clarence Valley Council.

[3]      Clause 33 What is exempt and complying development?

Insert after clause 33 (4):

(5) In relation to land within the local government area of Clarence Valley, a reference in this clause to Development Control Plan No 2, as adopted by the Council on 16 August 1999, is a reference to that Plan, as amended by the following instruments:

Development Control Plan No 2—Complying Development Amendment No 1 as adopted by the Council on 20 July 2004.

2004 No 683

Clarence Valley Local Environmental Plan No 1

Schedule 2 Amendments to Grafton Local Environmental Plan 1988

Schedule 2

Amendments to Grafton Local

Environmental Plan 1988

(Clause 4 (b))

[1]      Clause 5 Definitions

Insert “, and includes Clarence Valley Council” after “Grafton” in the definition of Council in clause 5.

[2]      Clause 5

Insert in alphabetical order:

Grafton Development Control Plan No 12—Exempt and Complying Development means Grafton Development Control Plan No 12—Exempt and Complying Development as adopted by the Council on 20 July 2004.

[3]      Clause 9A

Insert after clause 9:

9A What is exempt and complying development?

(1) Development of minimal environmental impact listed as exempt development in Grafton Development Control Plan No 12—Exempt and Complying Development is exempt development despite any other provision of this plan.

(2)

Development listed as complying development in Grafton Development Control Plan No 12—Exempt and Complying Development is complying development if:

(a)	it is local development of a kind that can be carried out with consent on the land on which it is proposed, and
(b)	it is not an existing use, as defined in section 106 of the Act.

(3)

Development is exempt or complying development only if it complies with the development standards and other requirements applied to the development by Grafton Development Control Plan No 12—Exempt and Complying Development.

(4) A complying development certificate issued for any complying development is to be subject to the conditions for the development specified in Grafton Development Control Plan No 12—Exempt and Complying Development, as in force when the certificate is issued.

2004 No 683

Clarence Valley Local Environmental Plan No 1

Amendments to Maclean Local Environmental Plan 2001 Schedule 3

Schedule 3

Amendments to Maclean Local

Environmental Plan 2001

(Clause 4 (c))

[1]      Clause 7 Dictionary

Insert “, and includes Clarence Valley Council” after “Maclean Shire

Council” in the definition of Council.

[2]      Clause 7 (1)

Insert in alphabetical order:

Maclean Shire Council Development Control Plan for Exempt and Complying Development means Maclean Shire Council Development Control Plan for Exempt and Complying Development, as adopted by the Council on 19 January 2000 and as amended by the following instruments:

Maclean Shire Council Development Control Plan for Exempt and Complying Development Amendment No 1 as adopted by the Council on 20 July 2004.

[3]      Clause 16 Exempt development

Omit clause 16 (1). Insert instead:

(1)

Development of minimal environmental impact is exempt development if it is listed in Schedule 1A to Maclean Shire Council Development Control Plan for Exempt and Complying Development and:

(a)	it complies with the development standards and other requirements specified for it in Maclean Shire Council Development Control Plan for Exempt and Complying Development, and
(b)	it complies with subclauses (2) and (3).

[4]      Clause 16 (3) (a)

Omit the paragraph.

[5]      Clause 16 (3) (c)

Omit “Schedule 3”.

Insert instead “Schedule 1A to Maclean Shire Council Development

Control Plan for Exempt and Complying Development”.

2004 No 683

Clarence Valley Local Environmental Plan No 1

Schedule 3 Amendments to Maclean Local Environmental Plan 2001

[6]      Clause 17 Complying development

Omit clause 17 (1). Insert instead:

(1)

Development listed as complying development in Schedule 1B to Maclean Shire Council Development Control Plan for Exempt and Complying Development is complying development if:

(a)	it is local development of a kind that can be carried out with consent on the land on which it is proposed, and
(b)	it is not an existing use, as defined in section 106 of the Act, and
(c)	it complies with the development standards and other requirements specified for it in Maclean Shire Council Development Control Plan for Exempt and Complying Development, and
(d)	it complies with subclauses (2) and (3).

[7]      Clause 17 (3) (a)

Omit the paragraph.

[8]      Schedule 3 Exempt Development

Omit the Schedule.

[9]      Schedule 4 Complying Development

Omit the Schedule.

2004 No 683

Clarence Valley Local Environmental Plan No 1

Amendment to Nymboida Local Environmental Plan 1986 Schedule 4

Schedule 4

Amendment to Nymboida Local

Environmental Plan 1986

(Clause 4 (d))

[1]      Clause 5 Interpretation

Insert “, subject to subclause (4)” after “Pristine Waters” in the definition of Council in clause 5 (1).

[2]      Clause 5 (4)

Insert after clause 5 (3):

(4) In relation to land within the local government area of Clarence Valley, a reference in this plan to the Council includes a reference to Clarence Valley Council.

[3]      Clause 47 What is exempt and complying development?

Insert after clause 47 (4):

(5) In relation to land within the local government area of Clarence Valley, a reference in this clause to Development Control Plan No 3: Exempt and Complying Development, as adopted by the Council on 18 April 2001, is a reference to that Plan, as amended by the following instruments:

Pristine Waters Development Control Plan No 3: Exempt Development Amendment No 1 as adopted by the Council on 20 July 2004.

2004 No 683

Clarence Valley Local Environmental Plan No 1

Schedule 5 Amendment to Ulmarra Local Environmental Plan 1992

Schedule 5

Amendment to Ulmarra Local

Environmental Plan 1992

(Clause 4 (e))

[1]      Clause 5 Definitions

Insert “, subject to subclause (3)” after “Pristine Waters” in the definition of Council in clause 5 (1).

[2]      Clause 5 (3)

Insert after clause 5 (2):

(3) In relation to land within the local government area of Clarence Valley, a reference in this plan to the Council includes a reference to Clarence Valley Council.

[3]      Clause 36 What is exempt and complying development?

Insert after clause 36 (4):

(5) In relation to land within the local government area of Clarence Valley, a reference in this clause to Development Control Plan No 3: Exempt and Complying Development, as adopted by the Council on 18 April 2001, is a reference to that Plan, as amended by the following instruments:

Pristine Waters Development Control Plan No 3: Exempt Development Amendment No 1 as adopted by the Council on 20 July 2004.

2004 No 683

Clarence Valley Local Environmental Plan No 1

Amendment to State Environmental Planning Policy No 60—Exempt and	Schedule 6
Complying Development

Schedule 6 Amendment to State Environmental Planning Policy No 60—Exempt and Complying Development

(Clause 4 (f))

Schedule 1 Where does this policy apply?

Omit “Grafton” from Part 2.

BY AUTHORITY