Eurobodalla Local Environmental Plan 2012 (Amendment No 8) (2016-593) LW 23 September 2016 (NSW)

New South Wales

Eurobodalla Local Environmental Plan 2012

(Amendment No 8)

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.

JEFFREY ROBERT MORGAN, DIVISIONAL MANAGER, STRATEGIC SERVICES,

EUROBODALLA SHIRE COUNCIL

As delegate for the Minister for Planning

Eurobodalla Local Environmental Plan 2012 (Amendment No 8)

under the

Environmental Planning and Assessment Act 1979

1      Name of Plan

This Plan is Eurobodalla Local Environmental Plan 2012 (Amendment No 8).

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 Eurobodalla Local Environmental Plan 2012 applies.

4      Maps

The maps adopted by Eurobodalla Local Environmental Plan 2012 are amended or replaced, as the case requires, by the maps approved by the Minister on the making of this Plan.

Schedule 1

Amendment of Eurobodalla Local Environmental

Plan 2012

[1]      Clause 2.8 Temporary use of land

Omit “182 days” from clause 2.8 (2). Insert instead “52 days”.

[2]      Land Use Table

Insert “Boat building and repair facilities;” in alphabetical order in item 3 of the matter relating to Zone RU1 Primary Production.

[3]      Clause 4.1F

Insert after clause 4.1E:

4.1F Minimum lot sizes for certain split zones

(1)

The objectives of this clause are as follows:

(a)	to provide for the subdivision of lots that are within more than one zone but cannot be subdivided under clause 4.1,
(b)	to ensure that the subdivision occurs in a manner that promotes suitable land uses and development.

(2)

This clause applies to each lot (an original lot) that contains:

(a)	land in a residential, business or industrial zone or in Zone E4 Environmental Living, and
(b)	land in a rural zone or Zone E2 Environmental Conservation.

(3)

Despite clause 4.1, development consent may be granted to subdivide an

original lot to create other lots (the resulting lots) if:

(a) one of the resulting lots will contain:

(i)      land in a residential, business or industrial zone that has an area that is not less than the minimum size shown on the Lot Size Map in relation to that land, and

(ii)      all of the land in a rural zone or Zone E2 Environmental Conservation that was in the original lot, and

(b) all other resulting lots will contain land that has an area that is not less than the minimum size shown on the Lot Size Map in relation to that land.

[4]      Schedule 1 Additional permitted uses

Omit clause 4 (2). Insert instead:

(2) Development for the purposes of funeral homes, information and education facilities, office premises, public administration buildings and veterinary hospitals is permitted with consent.

[5]      Schedule 1

Insert at the end of the Schedule with appropriate clause numbering:

Use of certain land at Church Street and Queen Street, Moruya

(1)	This clause applies to land at 33 and 35 Church Street, being Lots 2 and 3, DP 700880, 37 Church Street, being Section 13, Lot 7, DP 758710, 41 and 43 Church Street, being Lots 1 and 2, DP 800767, 78 Queen Street, being Lot 1, DP 700880, 88 Queen Street, being Section 13, Lot 8, DP 758710 and 88 and 90 Queen Street, being Lots 3 and 4, Lot 4, DP 800767.
(2)	Development for the purposes of community facilities, information and education facilities, office premises, recreation facilities (indoor), restaurants or cafes, shop top housing and veterinary hospitals is permitted with consent.

Use of certain land in Zones R2, R3 and E4 at Moruya

(1)

This clause applies to land identified as “4” on the Additional Permitted Uses

Map.

(2)

Development for the purposes of funeral homes, information and education facilities, office premises, public administration buildings and veterinary hospitals is permitted with consent.

Use of certain land in Zones R2 and R3 at Narooma

(1)

This clause applies to land identified as “6” on the Additional Permitted Uses

Map.

(2)

Development for the purposes of funeral homes, information and education facilities, office premises, public administration buildings and veterinary hospitals is permitted with consent.

Use of certain land in Zone R3 at Narooma

(1)

This clause applies to land identified as “5” on the Additional Permitted Uses

Map.

(2)

Development for the purposes of entertainment facilities, food and drink premises, function centres, funeral homes, information and education facilities, office premises, public administration buildings and veterinary hospitals is permitted with consent.

[6]      Schedule 2 Exempt development

Insert in alphabetical order in Schedule 2:

Commercial use of public land (including waterways on public land) for personal or group training, water sports, swimming or surf schools and the like or for sightseeing or recreational tours

(1)

Must not permanently occupy the public land or waterway.

(2)

Must not involve the construction of any permanent structures on, in or above

the public land or waterway.

(3)

Must only be carried out between 7 am and 7 pm any day.

Note. The proponent must have obtained any required lease, licence or other authorisation from the relevant public authority.

[7]      Schedule 4 Classification and reclassification of public land

Insert the following in appropriate order in Part 1:

Malua Bay

Lot 71, DP 601741, 521 George Bass Drive

Mogo

Lot 1, DP 1173024, Law Lane

Moruya

Part of Lot 4, DP 1090948, Bruce Cameron Drive, identified as

“Operational Land” on the Land Reclassification (Part Lots) Map

Moruya

Part of Lot 45, DP 1151309, 1 Evans Street, identified as

“Operational Land” on the Land Reclassification (Part Lots) Map

Narooma

Lot 13, DP 838695, Costin Street

[8]      Schedule 4, Part 2

Omit the matter relating to Part Lot 2, DP 514468, Peter Crescent, Batehaven, Part Lot 386, DP 248840, Albatross Road, Catalina and Part Lot 22, DP 232394, Trafalgar Road, Tuross Head.

Insert in appropriate order:

Batehaven

Part of Lot 2, DP 514468, Peter Crescent,

identified as “Operational Land” on the Land

Reclassification (Part Lots) Map

Catalina

Part of Lot 386, DP 248840, Albatross Road, identified as “Operational Land” on the Land Reclassification (Part Lots) Map

Tuross Head

Part of Lot 22, DP 232394, Trafalgar Road,

identified as “Operational Land” on the Land

Reclassification (Part Lots) Map

[9]      Schedule 5 Environmental heritage

Insert the following in appropriate order in Part 1:

Coila Presbyterian Church 4017 Princes Lot 96, Local I82

Highway DP 1134972

Tuross	Kyla Park Grazing Lands	Hector McWilliam	Lot 3,	Local I248
Head	Drive	DP 1081596
Mogo	Eurobodalla Regional Botanic	Deep Creek Dam	DP 755902	Local I318
Gardens (curtilage of Wallace	Drive
Herbarium)
Narooma	Headmaster’s Residence (former)	253 Princes	Lot A,	Local I319
Highway	DP 367304

[10]      Schedule 5, Part 1

Omit the matter relating to item nos I71, I223 and I236. Insert in appropriate order:

Central Lustleigh Park Farmhouse Haxstead Road Lot 1, Local I71

Tilba DP 1196461

South McMillan’s Sawmill, Wharf and Skids Foreshore Lot 311, DP Local I223

Durras adjoining and on, 1202989

Banyandah Street, at southern end of Mill Beach

Tilba Foxglove Spires Residence and 282 Corkhill Drive Part Lot 1, Local I236

Tilba Garden DP 1152145

[11]      Dictionary

Insert in alphabetical order:

Land Reclassification (Part Lots) Map means the Eurobodalla Local

Environmental Plan 2012 Land Reclassification (Part Lots) Map.