Coolah Local Environmental Plan 2000 (Amendment No 1) (2009-288) LW 26 June 2009 (NSW)

2009 No 288

New South Wales

Coolah Local Environmental Plan 2000

(Amendment No 1)

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. (S02/01302/PC-1)

KRISTINA KENEALLY, MP

Minister for Planning

Published LW 26 June 2009	Page 1
2009 No 288

Clause 1 Coolah Local Environmental Plan 2000 (Amendment No 1)

Coolah Local Environmental Plan 2000 (Amendment

No 1)

under the

Environmental Planning and Assessment Act 1979

1      Name of plan

This plan is Coolah Local Environmental Plan 2000 (Amendment

No 1).

2      Aims of plan

This plan aims to amend Coolah Local Environmental Plan 2000:

(a)	to permit, with the consent of Warrumbungle Shire Council and subject to certain conditions, the construction of dwellings on certain land within the Warrumbungle Shire local government area, and
(b)	to update the definition of Council.

3      Land to which plan applies

(1) In relation to the aim set out in clause 2 (a), this plan applies to certain land as shown edged heavy black on the map marked “Coolah Local Environmental Plan 2000 (Amendment No 1)” deposited in the office of Warrumbungle Shire Council, being:

(a)	Lots 3, 7, 8, 12 and 13, DP 877665 (known as “Salisbury Estate”), and
(b)	Lot 50, DP 1022969 (known as “Salisbury Estate”), and
(c)	Lots 18–32, DP 1038835 (known as “Salisbury Estate”), and
(d)	Lot 1, DP 1018809 (known as “Salisbury Estate”), and
(e)	Lots 1–4, DP 872932 (known as “Johnson Estate”), and
(f)	Lot 4, DP 867287 (known as “Schiemer Estate”).

(2)

In relation to the aim set out in clause 2 (b), this plan applies to all land

to which the Coolah Local Environmental Plan 2000 applies.

2009 No 288

Coolah Local Environmental Plan 2000 (Amendment No 1)

Amendment of Coolah Local Environmental Plan 2000 Schedule 1

Schedule 1

Amendment of Coolah Local

Environmental Plan 2000

[1]      Clause 5 Interpretation

Omit the definition of Council in clause 5 (1). Insert instead:

Council means Warrumbungle Shire Council.

[2]      Clause 37

Insert after clause 36:

37 Additional permitted uses for particular land

(1)

Development on particular land that is described or referred to in

Schedule 4 may be carried out:

(a)	with consent, or
(b)	if the Schedule so provides—without consent,

in accordance with the conditions (if any) specified in that

Schedule in relation to that development.

(2)

This clause has effect despite anything to the contrary in the

Table to clause 9 or any other provision of this plan.

[3]      Schedule 4

Insert after Schedule 3:

Schedule 4 Additional permitted uses

(Clause 37)

1      Use of certain land in Zone 1 (a) (General Rural)

(1) This clause applies to the following land, as shown edged heavy black on the map marked “Coolah Local Environmental Plan 2000 (Amendment No 1)” deposited in the Council’s office:

(a)	Lots 3, 7, 8, 12 and 13, DP 877665 (known as “Salisbury Estate”),
(b)	Lot 50, DP 1022969 (known as “Salisbury Estate”),
(c)	Lots 18–32, DP 1038835 (known as “Salisbury Estate”),
(d)	Lot 1, DP 1018809 (known as “Salisbury Estate”),
(e)	Lots 1–4, DP 872932 (known as “Johnson Estate”),
(f)	Lot 4, DP 867287 (known as “Schiemer Estate”).

2009 No 288

Coolah Local Environmental Plan 2000 (Amendment No 1)

Schedule 1 Amendment of Coolah Local Environmental Plan 2000

(2)

Development for the purposes of the erection of one dwelling on

each of the lots is permitted with consent if:

(a)	each dwelling complies with the requirements contained in Planning for Bush Fire Protection, and
(b)	a fire trail that complies with the requirements of section 4.1.3 (3) (Fire Trails) of Planning for Bush Fire Protection is provided on each lot to enable access for fire fighting purposes, and
(c)	in relation to Lots 19–22, DP 1038835, property access is provided by a reciprocal right of carriageway that:

(i)      benefits Lots 19 and 20, DP 1038835 and the consent authority, and

(ii) is appropriately located and has dimensions that comply with the road width, grade and curve requirements of section 4.1.3 (2) (Property Access) of Planning for Bush Fire Protection.

(3)

In this clause:

Planning for Bush Fire Protection means the document

prescribed for the purposes of section 79BA (1) (a) of the Act.