Clarence Valley Local Environmental Plan No 2 (2006-78) [GG No 31 of 3.3.2006, p 1119] (NSW)

2006 No 78

New South Wales

Clarence Valley Local Environmental

Plan No 2

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. (G04/00051/PC)

FRANK SARTOR, M.P.,

Minister for Planning

Published in Gazette No 31 of 3 March 2006, page 1119	Page 1
2006 No 78

Clause 1 Clarence Valley Local Environmental Plan No 2

Clarence Valley Local Environmental Plan No 2

under the

Environmental Planning and Assessment Act 1979

1      Name of plan

This plan is Clarence Valley Local Environmental Plan No 2.

2      Aims of plan

This plan aims:

(a)	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 Development Control Plan No 6—Exempt and Complying Development, and
(b)	to omit clause 19 from Grafton Local Environmental Plan 1988 relating to advertised development.

3      Land to which plan applies

This plan applies to so much of the land in the local government area of Clarence Valley that is under Copmanhurst Local Environmental Plan 1990, Grafton Local Environmental Plan 1988, Maclean Local Environmental Plan 2001, Nymboida Local Environmental Plan 1986 and Ulmarra Local Environmental Plan 1992.

4      Relationship with other environmental planning instruments

This plan amends Copmanhurst Local Environmental Plan 1990, Grafton Local Environmental Plan 1988, Maclean Local Environmental Plan 2001, Nymboida Local Environmental Plan 1986, Ulmarra Local Environmental Plan 1992 and State Environmental Planning Policy No 4—Development Without Consent and Miscellaneous Exempt and Complying Development as set out in Schedule 1.

2006 No 78

Clarence Valley Local Environmental Plan No 2

Amendments Schedule 1

Schedule 1 Amendments

(Clause 4)

1.1

Amendment of Copmanhurst Local Environmental Plan

1990

Clause 33 What is exempt and complying development?

Omit clause 33 (5). Insert instead:

(5) In relation to land within the local government area of Clarence Valley, a reference in this clause to Development Control Plan No 1 or Development Control Plan No 2 is a reference to Clarence Valley Council Development Control Plan No 6— Exempt and Complying Development, as adopted by Clarence Valley Council on 19 July 2005.

1.2	Amendment of Grafton Local Environmental Plan 1988
[1]	Clause 5 Definitions
Insert in alphabetical order:

Clarence Valley Council Development Control Plan No 6— Exempt and Complying Development means Clarence Valley Council Development Control Plan No 6—Exempt and Complying Development, as adopted by Clarence Valley Council on 19 July 2005.

[2]      Clause 5, definition of “Grafton Development Control Plan No 12— Exempt and Complying Development”

Omit the definition.

[3]      Clause 9A What is exempt and complying development?

Omit “Grafton Development Control Plan No 12—Exempt and Complying

Development” wherever occurring.

Insert instead “Clarence Valley Council Development Control Plan No 6—

Exempt and Complying Development”.

[4]      Clause 19 Advertising of certain applications

Omit the clause.

2006 No 78

Clarence Valley Local Environmental Plan No 2

Schedule 1 Amendments

1.3	Amendment of Maclean Local Environmental Plan 2001
[1]	Clause 7 Dictionary
Insert in alphabetical order in clause 7 (1):

Clarence Valley Council Development Control Plan No 6— Exempt and Complying Development means Clarence Valley Council Development Control Plan No 6—Exempt and Complying Development, as adopted by Clarence Valley Council on 19 July 2005.

[2]      Clause 7 (1), definition of “Maclean Shire Council Development Control Plan for Exempt and Complying Development”

Omit the definition.

[3]      Clause 16

Omit clauses 16 and 17. Insert instead:

16 What is exempt and complying development?

(1)

Development of minimal environmental impact listed as exempt development in Clarence Valley Council Development Control Plan No 6—Exempt and Complying Development, is exempt development, despite any other provision of this plan.

(2)

Development listed as complying development in Clarence Valley Council Development Control Plan No 6—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 Clarence Valley Council Development Control Plan No 6—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 Clarence Valley Council Development Control Plan No 6—Exempt and Complying Development, as in force when the certificate is issued.

2006 No 78

Clarence Valley Local Environmental Plan No 2

Amendments Schedule 1

1.4	Amendment of Nymboida Local Environmental Plan 1986
[1]	Clause 5 Interpretation
Insert in alphabetical order in clause 5 (1):

Clarence Valley Council Development Control Plan No 6— Exempt and Complying Development means Clarence Valley Council Development Control Plan No 6—Exempt and Complying Development, as adopted by Clarence Valley Council on 19 July 2005.

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

Omit “Development Control Plan No 3: Exempt and Complying Development, as adopted by the Council on 18 April 2001” wherever occurring in clause 47 (1)–(3).

Insert instead “Clarence Valley Council Development Control Plan No 6—

Exempt and Complying Development”.

[3]      Clause 47 (4)

Omit “Development Control Plan No 3: Exempt and Complying

Development”.

Insert instead “Clarence Valley Council Development Control Plan No 6—

Exempt and Complying Development”.

[4]      Clause 47 (5)

Omit the subclause.

1.5	Amendment of Ulmarra Local Environmental Plan 1992
Clause 36 What is exempt and complying development?
Omit clause 36 (5). Insert instead:

(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 is a reference to Clarence Valley Council Development Control Plan No 6— Exempt and Complying Development, as adopted by Clarence Valley Council on 19 July 2005.

2006 No 78

Clarence Valley Local Environmental Plan No 2

Schedule 1 Amendments

1.6

Amendment of State Environmental Planning Policy No 4—

Development Without Consent and Miscellaneous Exempt

and Complying Development

[1]

Schedule 2 Land excepted from clauses 6–10

Insert in alphabetical order “Clarence Valley local government area”.

[2]

Schedule 2

Omit “Copmanhurst local government area”, “City of Grafton local government area”, “Maclean local government area” and “Pristine Waters local government area”.

BY AUTHORITY