Dubbo Local Environmental Plan 2011 (Amendment No 19) (2020-446) LW 31 July 2020 (NSW)

New South Wales

Dubbo Local Environmental Plan 2011

(Amendment No 19)

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 and Public Spaces

Dubbo Local Environmental Plan 2011 (Amendment No 19) [NSW]

Dubbo Local Environmental Plan 2011 (Amendment No 19)

under the

Environmental Planning and Assessment Act 1979

1      Name of Plan

This Plan is Dubbo Local Environmental Plan 2011 (Amendment No 19).

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 Lot 8, DP 1063425, 4L Camp Road, Dubbo.

4      Maps

The maps adopted by Dubbo Local Environment 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 19) [NSW] Schedule 1 Amendment of Dubbo Local Environmental Plan 2011

Schedule 1

Amendment of Dubbo Local Environmental Plan

2011

[1]      Clause 7.12C

Insert after clause 7.12B—

7.12C	Use of certain land at Camp Road, Dubbo
(1) This clause applies to Lot 8, DP1063425, 4L Camp Road, Dubbo (the land). (2) The objectives of this clause are to ensure that any development on the land, including residential development—

(a) is not complying development for the purposes of State Environmental

Planning Policy (Exempt and Complying Development Codes) 2008,

and

(b)	minimises light pollution and does not impinge on the functioning of the Dubbo Observatory, and
(c)	incorporates appropriate noise mitigation measures, and
(d)	minimises land use conflict with adjoining land uses, and
(e)	does not adversely impact on vegetation on land designated as a buffer zone.

(3)

The land is designated as being within a buffer area for the purposes of clause 1.19(1)(e)(i) of State Environmental Planning Policy (Exempt and Complying

Development Codes) 2008.

(4)

The consent authority must not grant development consent to development on land identified on the Lighting Controls Map as “Subject to lighting controls in proximity to Dubbo Observatory” unless satisfied that the development will not result in—

(a)	a skylight being included in any dwelling, and
(b)	more than 2 outdoor light fittings per dwelling, and
(c)	an outdoor light not being controlled by way of a motion sensor, and
(d)	an outdoor light not being shielded and directed downwards to prevent any upward or horizontal light, and
(e)	an outdoor light emitting more than 940 lumens.

Note. 940 lumens is equivalent to 75 watts maximum for an

incandescent light bulb or 10 watts for an LED light bulb.

(5)

The consent authority must not grant development consent to development on the land for the purposes of a prescribed use unless satisfied that appropriate noise mitigation measures will be incorporated into the development to reduce noise reaching the land from Morris Park Speedway so that the occupants of any dwelling on the land will not be subject to excessive noise.

(6)

The consent authority must not grant development consent to development on any of the land that borders a buffer zone, as identified on the Buffer Map, for a prescribed use unless satisfied that—

(a)	all dwellings will be located outside the buffer zone, and
(b)	a suitable vegetation management plan has been prepared for the ongoing management of vegetation in the buffer zone.

(7)

In this clause—

prescribed use means—

Dubbo Local Environmental Plan 2011 (Amendment No 19) [NSW] Schedule 1 Amendment of Dubbo Local Environmental Plan 2011

(a)	dwelling houses, or
(b)	shop top housing, or
(c)	tourist and visitor accommodation.

vegetation management plan means a plan that specifies a program of action

for the management of land, its ecosystems and vegetation.

[2]      Schedule 1 Additional permitted uses

Insert after clause 6—

7      Use of certain land at Camp Road, Dubbo

(1)

This clause applies to part of Lot 8, DP1063425 at 4L Camp Road, Dubbo,

identified as “7” on the Additional Permitted Uses Map.

(2)

Development for the purposes of dwelling houses or home occupations is

permitted with development consent.

[3]      Dictionary

Insert in alphabetic order—

Buffer Map means the Dubbo Local Environment Plan 2011 Buffer Map. buffer zone means an area identified on the Buffer Map as a buffer zone. Lighting Controls Map means the Dubbo Local Environment Plan 2011

Lighting Controls Map.