Deniliquin Local Environmental Plan 2013 (Amendment No 2) (2014-775) LW 5 December 2014 (NSW)

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New South Wales

Deniliquin 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.

DESMOND JOHN BILSKE, GENERAL MANAGER,

DENILIQUIN COUNCIL

As delegate for the Minister for Planning

Deniliquin Local Environmental Plan 2013 (Amendment No 2) [NSW]

Deniliquin Local Environmental Plan 2013 (Amendment No 2)

under the

Environmental Planning and Assessment Act 1979

1      Name of Plan

This Plan is Deniliquin 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 land in Zone RU1 under Deniliquin Local Environmental Plan

2013.

4      Amendment of Deniliquin Local Environmental Plan 2013

Clause 4.1B

Insert after clause 4.1A:

4.1B

Exceptions to minimum subdivision lot sizes for certain rural

subdivisions

(1)

The objective of this clause is to permit the subdivision of land in rural areas to create lots of an appropriate size to meet the needs of current permissible uses other than for the purpose of residential accommodation.

(2)

This clause applies to land in Zone RU1 Primary Production.

(3)

Land to which this clause applies may, with development consent, be subdivided to create a lot of a size that is less than the minimum size shown on the Lot Size Map in relation to that land, if the consent authority is satisfied that the use of the land after the subdivision will be the same use (other than residential accommodation) permitted under the existing development consent for the land.

(4)

Development consent must not be granted for the subdivision of land to

which this clause applies unless the consent authority is satisfied that:

(a)

the subdivision will not adversely affect the use of the surrounding land for agriculture, and

(b)

the subdivision is necessary for the ongoing operation of the permissible use, and

(c)

the subdivision will not cause or increase rural land uses conflict in the locality, and

(d)

the subdivision is appropriate having regard to the natural and physical constraints affecting the land.

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