Dubbo Local Environmental Plan 2011 (Amendment No 13) (2018-604) LW 26 October 2018 (NSW)

New South Wales

Dubbo Local Environmental Plan 2011

(Amendment No 13)

under the

Environmental Planning and Assessment Act 1979

The following local environmental plan is made by the local plan-making authority under the

Environmental Planning and Assessment Act 1979.

DAMIEN PFEIFFER

As delegate for the Minister for Planning

Dubbo Local Environmental Plan 2011 (Amendment No 13) [NSW]

Dubbo Local Environmental Plan 2011 (Amendment No 13)

under the

Environmental Planning and Assessment Act 1979

1      Name of Plan

This Plan is Dubbo Local Environmental Plan 2011 (Amendment No 13).

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 to which Dubbo Local Environmental Plan 2011 applies.

4      Maps

The maps adopted by Dubbo Local Environmental Plan 2011 are amended or replaced, as the case requires, by the maps approved by the local plan-making authority on the making of this Plan.

Dubbo Local Environmental Plan 2011 (Amendment No 13) [NSW] Schedule 1 Amendment of Dubbo Local Environmental Plan 2011

Schedule 1

Amendment of Dubbo Local Environmental Plan

2011

[1]      Land Use Table

Insert “Farm stay accommodation;” in alphabetical order in clause 4 of the matter relating to Zone R5 Large Lot Residential.

[2]      Land Use Table, Zone RE2

Omit “Aquaculture;” from item 3.

[3]      Land Use Table, Zone W2

Insert “Water storage facilities;” in alphabetical order in item 3.

[4]      Clause 4.1AA Minimum subdivision lot size for community title schemes

Insert after clause 4.1AA (2) (c):

(c1)	Zone RU5 Village,
(c2)	Zone R1 General Residential,
(c3)	Zone R2 Low Density Residential,
(c4)	Zone R5 Large Lot Residential,

[5]      Clause 4.1A Minimum subdivision lot size for Zone RU5, Zone R1 and Zone R2

Insert “, Zone R1 General Residential” after “Zone RU5 Village”.

[6]      Clause 4.1A (b)

Insert “multi-dwelling housing or” after “purpose of”.

[7]      Clause 5.4 Controls relating to miscellaneous permissible uses

Omit “4” from clause 5.4 (1). Insert instead “5”.

[8]      Clause 7.14

Insert after clause 7.13:

7.14 Rural and nature-based tourist facilities

(1)

The objective of this clause is to ensure that tourism development in rural and natural areas is low scale and does not adversely impact on the agricultural production, scenic or environmental values of the land.

(2)

This clause applies to land in the following zones:

(a)	Zone RU1 Primary Production,
(b)	Zone RU2 Rural Landscape,
(c)	Zone R5 Large Lot Residential.

(3)

Development consent must not be granted for development for the purpose of tourist facilities on land to which this clause applies unless the consent authority is satisfied that:

(a)	adequate access exists or will be provided to service the development from a road other than a classified road, taking into account the scale of the development, and
(b)	the development will not create a land use conflict, and

Dubbo Local Environmental Plan 2011 (Amendment No 13) [NSW] Schedule 1 Amendment of Dubbo Local Environmental Plan 2011

(c)	the development is complementary to the rural or environmental attributes of the land and its surrounds, and
(d)	the development will not have a significant adverse impact on agricultural production, the scenic amenity of the locality or significant features of the natural environment, and
(e)	if the development is located in an unsewered area, adequate on-site wastewater systems will service the land without having an adverse impact on the water quality of the area, and
(f)	the tourist facility will be managed and operated by the owner or by a site manager who resides on the land.

(4)	In this clause:
tourist facility means any development where services or facilities are
provided for visitors to the area and includes, but is not limited to, camping grounds, eco-tourist facilities, hotel or motel accommodation, information and education facilities and restaurants or cafes.

[9]      Schedule 5 Environmental heritage

Omit the matter relating to items I65 and I66. Insert instead:

Dubbo Terramungamine 63L Burraway Lot 8, DP 1205114 Local I65

homestead Road

Dubbo	Terramungamine	63L Burraway	Lot 8, DP 1205114	Local	I66
woolshed	Road

[10]      Schedule 5, item I135

Omit the matter relating to the item. Insert instead:

Dubbo Communications 24 Keswick Lot 303, DP Local I135

bunker Parkway 1216045