Cootamundra Local Environmental Plan 2013 (Amendment No 2) (2015-362) LW 3 July 2015 (NSW)

New South Wales

Cootamundra Local Environmental Plan 2013

(Amendment 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.

KEN TRETHEWEY, GENERAL MANAGER, COOTAMUNDRA SHIRE COUNCIL

As delegate for the Minister for Planning

Cootamundra Local Environmental Plan 2013 (Amendment No 2)

under the

Environmental Planning and Assessment Act 1979

1      Name of Plan

This Plan is Cootamundra Local Environmental Plan 2013 (Amendment No 2).

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 Cootamundra Local Environmental Plan 2013 applies.

Schedule 1

Amendment of Cootamundra Local

Environmental Plan 2013

[1]      Clause 4.2A Erection of dwelling houses on land in certain rural and environment protection zones

Insert after clause 4.2A (3) (c):

(ca) is a lot created by a boundary adjustment in accordance with clause 4.2B and on which a dwelling house would have been permissible before the adjustment of the boundary, or

[2]      Clause 4.2B

Insert after clause 4.2A:

4.2B

Boundary changes between lots in certain rural and environment protection

zones

(1)	The objective of this clause is to permit the boundary between 2 or more lots to be adjusted in certain circumstances to give landowners a greater opportunity to achieve the objectives of a zone.
(2)	This clause applies to land in the following zones:

(a)	Zone RU1 Primary Production,
(b)	Zone RU2 Rural Landscape,
(c)	Zone RU4 Primary Production Small Lots,
(d)	Zone E3 Environmental Management.

(3)

Despite clause 4.1 (3), development consent may be granted to the subdivision of 2 or more adjoining lots that are land to which this clause applies if the subdivision will not result in:

(a)	an increase in the number of lots, and
(b)	an increase in the number of dwelling houses on, or dwelling houses that may be erected on, any of the lots, and
(c)	any lot created by a boundary adjustment in Zone RU1 Primary Production, Zone RU2 Rural Landscape or Zone E3 Environmental Management having an area of less than 5 hectares, and
(d)	any lot created by a boundary adjustment in Zone RU4 Primary Production Small Lots having an area of less than the minimum size shown on the Lot Size Map in relation to that land.

(4)

Before determining a development application for the subdivision of land to which this clause applies, the consent authority must consider the following:

(a)	the existing uses and approved uses of other land in the vicinity of the subdivision,
(b)	whether or not the subdivision is likely to have a significant impact on land uses that are likely to be preferred and the predominant land uses in the vicinity of the development,
(c)	whether or not the subdivision is likely to be incompatible with a use referred to in paragraph (a) or (b),
(d)	whether or not the subdivision is likely to be incompatible with a use on land in any adjoining zone,
(e)	any measures proposed by the applicant to avoid or minimise any incompatibility referred to in paragraph (c) or (d),
(f)	whether or not the subdivision is appropriate having regard to the natural and physical constraints affecting the land,
(g)	whether or not the subdivision is likely to have an adverse impact on the environmental values, heritage vistas or landscapes or agricultural viability of the land.

(5)

This clause does not apply:

(a)	in relation to the subdivision of individual lots in a strata plan or a community title scheme, or
(b)	if the subdivision would create a lot that could itself be subdivided in accordance with clause 4.1.