Corowa Local Environmental Plan 1989 (Amendment No 16) (2005-583) [GG No 118 of 23.9.2005, p 7563] (NSW)

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2005 No 583

New South Wales

Corowa Local Environmental Plan 1989

(Amendment No 16)

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. (Q03/00261/PC)

FRANK SARTOR, M.P.,

Minister for Planning

Published in Gazette No 118 of 23 September 2005, page 7563

Page 1

2005 No 583

Clause 1

Corowa Local Environmental Plan 1989 (Amendment No 16)

Corowa Local Environmental Plan 1989 (Amendment No

16)

under the

Environmental Planning and Assessment Act 1979

1      Name of plan

This plan is Corowa Local Environmental Plan 1989 (Amendment

No 16).

2      Aims of plan

The aims of this plan are:

(a)

to rezone certain land in Corowa from Zone No 1 (a) (General Rural Zone) to Zone No 2 (a) (Residential “A” Zone), and

(b)

to rezone certain land on the fringe of the Corowa central business district from Zone No 2 (a) (Residential “A” Zone) to Zone No 3 (a) (Commercial Zone), and

(c)

to rezone certain land in Corowa and Mulwala from Zone No 1 (a) (General Rural Zone) to Zone No 4 (a) (Industrial Zone), and

(d)

to rezone land containing the Corowa Water Treatment Plant from Zone No 2 (a) (Residential “A” Zone) to Zone No 5 (a) (Special Uses Zone) to reflect its land use, and

(e)

to rezone land containing an environmentally significant wetland at Corowa from Zone No 1 (a) (General Rural Zone) to the proposed Zone No 7 (a) (Environment Protection Zone), and

(f)

to rezone certain land in Mulwala from Zone No 1 (c) (Rural Small Holdings Zone) and Zone No 2 (a) (Residential “A” Zone) to Zone No 6 (b) (Private Open Space Zone), and

(g)

to rezone certain land in Mulwala from Zone No 1 (a) (General Rural Zone) to Zone No 1 (c) (Rural Small Holdings Zone), and

(h)

to replace the existing Zone No 7 (a) (Riparian Lands and Wetlands Zone) with a new Zone No 7 (a) (Environment Protection Zone), and

2005 No 583

Corowa Local Environmental Plan 1989 (Amendment No 16)

Clause 3

(i)      to reduce the number of “concessional” allotments available to existing holdings in both Zone No 1 (a) (General Rural Zone) and the proposed Zone No 7 (a) (Environment Protection Zone) from two to one, and

(j)

to allow for development for the purpose of residential flat buildings, with the consent of Council, within Zone No 3 (a) (Commercial Zone) in Mulwala township.

3      Land to which plan applies

(1)

This plan applies to the following land:

(a)

in relation to the aim set out in clause 2 (a)—part of Lots 5 and 6, DP 753734, Lot 1, DP 559625, Lot 1912, DP 1045138, Lots 1, 2, 3 and 4, DP 199174, Lot 1A, DP 2840, Lots 21 and 22, DP 600740, Lot 1, DP 734514 and part of Lot 1, DP 730627, Redlands Road and Cemetery Lane, Corowa, as shown edged heavy black on Sheet 1 of the map,

(b)

in relation to the aim set out in clause 2 (b)—Lot 1, DP 995574, corner of Bow and John Streets, Corowa, as shown edged heavy black on Sheet 2 of the map,

(c)

in relation to the aim set out in clause 2 (c)—part of Lot 389, DP 753734, Norseman Road and Cemetery Lane, Corowa and to Lot 601, DP 628281 and Lot 141, DP 855408, Tocumwal Road, Mulwala, as shown edged heavy black on Sheets 1 and 3 of the map,

(d)

in relation to the aim set out in clause 2 (d)—part of Lot 4, DP 1038785, Honour Avenue, Corowa, as shown edged heavy black on Sheet 4 of the map,

(e)

in relation to the aim set out in clause 2 (e)—Lots 17 and 18, DP 753734 and to part of Lot 4, DP 1038785, Bullicourt Road, Corowa as shown edged heavy black on Sheet 4 of the map,

(f)

in relation to the aim set out in clause 2 (f)—Lot 1, DP 432238, Lot 1, DP 789194 and Lots 21 and 22, DP 773702, Bayly Street, Mulwala, as shown edged heavy black on Sheet 5 of the map,

(g)

in relation to the aim set out in clause 2 (g)—Lot 1, DP 600973, Lot 1, DP 782958, Lot 105, DP 872148, Lots 106, 107, 109, 110, 111, 112, to part of Lot 138 and to part of Lot 272, DP 752290, Tocumwal Road, Mulwala, as shown edged heavy black on Sheet 3 of the map,

(h)

in relation to the aim set out in clause 2 (h)—the land within the existing Zone No 7 (a) (Riparian Lands and Wetlands Zone),

2005 No 583

Clause 4

Corowa Local Environmental Plan 1989 (Amendment No 16)

(i)      in relation to the aim set out in clause 2 (i)—the land within Zone No 1 (a) (General Rural Zone) and the proposed Zone No 7 (a) (Environment Protection Zone),

(j)

in relation to the aim set out in clause 2 (j)—the land within Zone No 3 (a) (Commercial Zone) in Mulwala township.

(2) In this clause, map means the map marked “Corowa Local Environmental Plan 1989 (Amendment No 16)” deposited in the offices of Corowa Shire Council.

4 Amendment of Corowa Local Environmental Plan 1989

Corowa Local Environmental Plan 1989 is amended as set out in

Schedule 1.

2005 No 583

Corowa Local Environmental Plan 1989 (Amendment No 16)

Amendments

Schedule 1

Schedule 1

Amendments

(Clause 4)

[1]      Clause 5 Definitions

Omit the definition of riparian lands and wetlands from clause 5 (1).

[2]      Clause 5 (1)

Insert at the end of the definition of the map:

Corowa Local Environmental Plan 1989 (Amendment No 16)—

Sheets 1 to 5

[3]      Clause 8 Zones indicated on the map

Omit “(Riparian Lands and Wetlands Zone)”.

Insert instead “(Environment Protection Zone)”.

[4]      Clause 9 Zone objectives and development control table

Omit the matter relating to Zone No 7 (a) (Riparian Lands and Wetlands Zone) from the Table to the clause.

Insert instead:

Zone No 7 (a)

(Environment Protection Zone)

1      Objectives of zone

The objectives of this zone are to identify and protect lands that are environmentally sensitive from adverse development impacts, and in particular:

(a)

areas of biological diversity, remnant native vegetation (including grasslands), places significant for nature conservation, and areas of habitat (including potential “critical” habitat for threatened species), and

(b)

the wetland environment and the natural habitats it supports for conservation purposes, and

(c)

places and buildings of archaeological or heritage significance (including Aboriginal relics and places), and

(d)

the scenic values of the region, and

(e)

the water quality of streams, lakes and groundwater resources.

2005 No 583

Corowa Local Environmental Plan 1989 (Amendment No 16)

Schedule 1

Amendments

2      Without development consent

Agriculture (other than animal boarding or training establishments).

3      Only with development consent

Ancillary buildings; aquaculture establishments; drainage; dwelling-houses; extractive industries; forestry (other than pine plantations); home industries; marinas; public baths; public parks; recreation areas; roads; tourist facilities; uses or buildings associated with purposes which are under the care, control and management of the Council; utility installations (other than gas holders or generating works).

4      Prohibited

Any purpose other than a purpose included in Item 2 or 3.

[5]      Clause 13

Omit the clause. Insert instead:

13

Subdivision for the purposes of dwellings within Zones Nos 1 (a) and 7 (a)

The Council may consent to the creation of a single additional allotment from an existing holding within Zone No 1 (a) or 7 (a) for the purposes of the erection of a dwelling-house on the additional allotment, but only if:

(a)

the additional allotment has an area of not less than 2 hectares and not more than 10 hectares, and

(b)

the additional allotment forms part of an existing holding that has an area of not less than 40 hectares, and

(c)

the creation of the additional allotment is unlikely to adversely affect the existing and potential capability of the land and adjacent land to produce food or fibre or to be used for other agricultural purposes, and

(d)

the additional allotment does not comprise prime crop and pasture land.

[6]      Clause 35 Development of certain land

Insert at the end of the Table to the clause:

Land within Zone No 3 (a) at the township of Mulwala. Residential flat buildings.

BY AUTHORITY

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