Goulburn Mulwaree Local Environmental Plan 2009 (Amendment No 3) (2012-529) LW 19 October 2012 (NSW)

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2012 No 529

New South Wales

Goulburn Mulwaree Local

Environmental Plan 2009 (Amendment

No 3)

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.

SAM HADDAD

As delegate for the Minister for Planning and Infrastructure

Published LW 19 October 2012

Page 1

2012 No 529

Clause 1

Goulburn Mulwaree Local Environmental Plan 2009 (Amendment No 3)

Goulburn Mulwaree Local Environmental Plan 2009

(Amendment No 3)

under the

Environmental Planning and Assessment Act 1979

1      Name of Plan

This Plan is Goulburn Mulwaree Local Environmental Plan 2009

(Amendment No 3).

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 the land to which Goulburn Mulwaree Local

Environmental Plan 2009 applies.

4      Maps

Each map adopted by Goulburn Mulwaree Local Environmental Plan 2009 that is specified in Column 1 of the following table is declared by this Plan to be amended or replaced, as the case requires, by the map specified opposite in Column 2 of the table as approved by the Minister on the making of this Plan:

Column 1

Column 2

Name of map being amended or

Name of amending or

replaced

replacement map

Goulburn Mulwaree Local

Goulburn Mulwaree Local

Environmental Plan 2009 Land

Environmental Plan 2009 Land

Zoning Map

Zoning Map

(3310_COM_LZN_001D_020_2012

(3310_COM_LZN_001D_020_2012

0531)

0906)

Goulburn Mulwaree Local

Goulburn Mulwaree Local

Environmental Plan 2009 Lot Size

Environmental Plan 2009 Lot Size

Map

Map

(3310_COM_LSZ_001D_020_2012

(3310_COM_LSZ_001D_020_2012

0329)

0906)

2012 No 529

Goulburn Mulwaree Local Environmental Plan 2009 (Amendment No 3)

Amendment of Goulburn Mulwaree Local Environmental Plan 2009

Schedule 1

Schedule 1

Amendment of Goulburn Mulwaree Local

Environmental Plan 2009

[1]      Land Use Table, Zone RU1 Primary Production, item 4

Omit the following:

Eco-tourist facilities;

Function centres;

Water recreation structures;

Insert in alphabetical order:

Vehicle body repair workshops;

Vehicle repair stations;

; Wholesale supplies

[2]      Land Use Table, Zone RU2 Rural Landscape, item 3

Omit the following:

Bulky goods premises;

Vehicle sales or hire premises;

Insert in alphabetical order:

Agricultural produce industries;

Home industries;

Stock and sale yards;

[3]      Land Use Table, Zone RU2 Rural Landscape, item 4

Omit the following:

Eco-tourist facilities;

Water recreation structures;

Insert in alphabetical order:

Amusement centres;

Industrial retail outlets;

Registered clubs;

Restricted premises;

Rural industries;

2012 No 529

Goulburn Mulwaree Local Environmental Plan 2009 (Amendment No 3)

Schedule 1

Amendment of Goulburn Mulwaree Local Environmental Plan 2009

[4]      Land Use Table, Zone RU5 Village, item 4

Insert in alphabetical order:

Extractive industries;

Open cut mining;

[5]      Land Use Table, Zone RU6 Transition, item 3

Omit the following:

Bulky goods premises;

Hardware and building supplies;

Vehicle sales or hire premises;

Insert in alphabetical order:

Backpackers’ accommodation;

Bed and breakfast accommodation;

Cellar door premises;

Farm stay accommodation;

Home industries;

Kiosks;

Markets;

Roadside stalls;

[6]      Land Use Table, Zone RU6 Transition, item 4

Omit the following:

Eco-tourist facilities;

Entertainment facilities;

Insert in alphabetical order:

Amusement centres;

Camping grounds;

Caravan parks;

Industrial retail outlets;

Industries;

Restricted premises;

Warehouse or distribution centres;

2012 No 529

Goulburn Mulwaree Local Environmental Plan 2009 (Amendment No 3)

Amendment of Goulburn Mulwaree Local Environmental Plan 2009

Schedule 1

[7]      Land Use Table, Zone R1 General Residential, item 3

Omit the following:

Bulky goods premises;

Hardware and building supplies;

Landscaping material supplies;

Plant nurseries;

Rural supplies;

Timber yards;

Vehicle sales or hire premises;

Insert in alphabetical order:

Bed and breakfast accommodation;

Business premises;

Office premises;

Serviced apartments;

[8]      Land Use Table, Zone R1 General Residential, item 4

Omit “Retail premises;”. Insert in alphabetical order:

Amusement centres;

Boat launching ramps;

Boat sheds;

Camping grounds;

Caravan parks;

Commercial premises;

Extractive industries;

Industrial retail outlets;

Jetties;

Moorings;

Open cut mining;

Research stations;

Restricted premises;

Service stations;

Sewerage systems;

Tourist and visitor accommodation;

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Goulburn Mulwaree Local Environmental Plan 2009 (Amendment No 3)

Schedule 1

Amendment of Goulburn Mulwaree Local Environmental Plan 2009

Veterinary hospitals;

Water supply systems;

[9]      Land Use Table, Zone R2 Low Density Residential, item 3

Omit the following:

Bulky goods premises;

Hardware and building supplies;

Landscaping material supplies;

Plant nurseries;

Rural supplies;

Timber yards;

Vehicle sales or hire premises;

[10]      Land Use Table, Zone R2 Low Density Residential, item 4

Omit “Boarding houses;”. Insert in alphabetical order:

Amusement centres;

Biosolids treatment facilities;

Boat launching ramps;

Boat sheds;

Camping grounds;

Caravan parks;

Depots;

Extractive industries;

Industrial retail outlets;

Jetties;

Moorings;

Open cut mining;

Recreation facilities (indoor);

Research stations;

Restricted premises;

Service stations;

Sewage treatment plants;

Water recycling facilities;

Water supply systems;

2012 No 529

Goulburn Mulwaree Local Environmental Plan 2009 (Amendment No 3)

Amendment of Goulburn Mulwaree Local Environmental Plan 2009

Schedule 1

[11]      Land Use Table, Zone R5 Large Lot Residential, item 3

Omit the following:

Bulky goods premises;

Hardware and building supplies;

Landscaping material supplies;

Rural supplies;

Timber yards;

Vehicle sales or hire premises;

Insert “Building identification signs;” in alphabetical order.

[12]      Land Use Table, Zone R5 Large Lot Residential, item 4

Insert in alphabetical order:

Amusement centres;

Biosolids treatment facilities;

Boat launching ramps;

Boat sheds;

Camping grounds;

Caravan parks;

Cemeteries;

Extractive industries;

Industrial retail outlets;

Jetties;

Moorings;

Open cut mining;

Recreation facilities (indoor);

Research stations;

Restricted premises;

Service stations;

Sewage treatment plants;

Signage;

Water recycling facilities;

Water supply systems;

2012 No 529

Goulburn Mulwaree Local Environmental Plan 2009 (Amendment No 3)

Schedule 1

Amendment of Goulburn Mulwaree Local Environmental Plan 2009

[13]      Land Use Table, Zone B1 Neighbourhood Centre, item 4

Insert in alphabetical order:

Biosolids treatment facilities;

Boat building and repair facilities;

Boat launching ramps;

Boat sheds;

Bulky goods premises;

Cellar door premises;

Exhibition homes;

Extractive industries;

Heavy industrial storage establishments;

Industrial retail outlets;

Jetties;

Moorings;

Open cut mining;

Plant nurseries;

Restricted premises;

Roadside stalls;

Sewage treatment plants;

Shops;

Timber yards;

Water recycling facilities;

Water supply systems;

[14]      Land Use Table, Zone B2 Local Centre, item 3

Omit “Home industries;”.

[15]      Land Use Table, Zone B2 Local Centre, item 4

Omit the following:

Farm stay accommodation;

Liquid fuel depots;

Insert in alphabetical order:

Biosolids treatment facilities;

Boat building and repair facilities;

Boat launching ramps;

2012 No 529

Goulburn Mulwaree Local Environmental Plan 2009 (Amendment No 3)

Amendment of Goulburn Mulwaree Local Environmental Plan 2009

Schedule 1

Boat sheds;

Extractive industries;

Heavy industrial storage establishments;

Industrial retail outlets;

Jetties;

Moorings;

Open cut mining;

Sewage treatment plants;

Water recycling facilities;

Water supply systems;

[16]      Land Use Table, Zone B3 Commercial Core, item 4

Insert in alphabetical order:

Biosolids treatment facilities;

Boat launching ramps;

Boat sheds;

Extractive industries;

Industrial retail outlets;

Jetties;

Moorings;

Open cut mining;

Recreation facilities (major);

Sewage treatment plants;

Water recycling facilities;

Water supply systems;

[17]      Land Use Table, Zone B4 Mixed Use, item 3

Insert “Light industries;” in alphabetical order.

[18]      Land Use Table, Zone B4 Mixed Use, item 4

Omit the following:

General industries;

Heavy industries;

Insert in alphabetical order:

Biosolids treatment facilities;

2012 No 529

Goulburn Mulwaree Local Environmental Plan 2009 (Amendment No 3)

Schedule 1

Amendment of Goulburn Mulwaree Local Environmental Plan 2009

Boat launching ramps;

Boat sheds;

Correctional centres;

Extractive industries;

Highway service centres;

Industrial retail outlets;

Industries;

Jetties;

Moorings;

Open cut mining;

Recreation facilities (major);

Sewage treatment plants;

Water recycling facilities;

Water supply systems;

[19]      Land Use Table, Zone B6 Enterprise Corridor, item 1

Omit the following:

•

To provide for residential uses, but only as part of a mixed use development.

[20]      Land Use Table, Zone B6 Enterprise Corridor, item 2

Omit “Home occupations;”.

[21]      Land Use Table, Zone B6 Enterprise Corridor, item 3

Insert “Agricultural produce industries;” in alphabetical order.

[22]      Land Use Table, Zone B6 Enterprise Corridor, item 4

Omit the following:

Boarding houses;

Eco-tourist facilities;

Group homes;

Industrial training facilities;

Residential flat buildings;

Rural workers’ dwellings;

Shop top housing;

2012 No 529

Goulburn Mulwaree Local Environmental Plan 2009 (Amendment No 3)

Amendment of Goulburn Mulwaree Local Environmental Plan 2009

Schedule 1

Insert in alphabetical order:

Biosolids treatment facilities;

Boat launching ramps;

Boat sheds;

Camping grounds;

Caravan parks;

Cellar door premises;

Crematoria;

Exhibition homes;

Exhibition villages;

Extractive industries;

Heavy industrial storage establishments;

Home-based child care;

Home businesses;

Jetties;

Moorings;

Open cut mining;

Recreation facilities (major);

Residential accommodation;

Sewage treatment plants;

Shops;

Water recycling facilities;

Water supply systems;

[23]      Land Use Table, Zone IN1 General Industrial, item 3

Insert in alphabetical order:

Extensive agriculture;

Funeral homes;

Kiosks;

Markets;

Medical centres;

Sawmill or log processing works;

Stock and sale yards;

2012 No 529

Goulburn Mulwaree Local Environmental Plan 2009 (Amendment No 3)

Schedule 1

Amendment of Goulburn Mulwaree Local Environmental Plan 2009

[24]      Land Use Table, Zone IN1 General Industrial, item 4

Omit the following:

Highway service centres;

Industries;

Intensive livestock agriculture;

Waste or resource management facilities;

Wholesale supplies

Insert in alphabetical order:

Agriculture;

Boat launching ramps;

Boat sheds;

Educational establishments;

Health services facilities;

Heavy industries;

Heavy industrial storage establishments;

Jetties;

Moorings;

Recreation facilities (major);

Restricted premises;

Wharf or boating facilities

[25]      Land Use Table, Zone IN2 Light Industrial, item 3

Insert in alphabetical order:

Dwelling houses; Shop top housing;

[26]      Land Use Table, Zone IN2 Light Industrial, item 4

Omit the following:

Attached dwellings; Correctional centres; Group homes;

Home-based child care;

Home businesses;

Multi dwelling housing;

Residential flat buildings;

2012 No 529

Goulburn Mulwaree Local Environmental Plan 2009 (Amendment No 3)

Amendment of Goulburn Mulwaree Local Environmental Plan 2009

Schedule 1

Rural workers’ dwellings;

Seniors housing;

Shop top housing;

Insert in alphabetical order:

Boat launching ramps;

Boat sheds;

Educational establishments;

Health services facilities;

Heavy industrial storage establishments;

Jetties;

Moorings;

Recreation facilities (major);

Residential accommodation;

Restricted premises;

[27]      Land Use Table, Zone IN3 Heavy Industrial, item 3

Omit the following:

Bulky goods premises;

Hardware and building supplies;

Vehicle sales or hire premises;

Insert in alphabetical order:

Advertising structures;

Office premises;

Rural workers’ dwellings;

[28]      Land Use Table, Zone IN3 Heavy Industrial, item 4

Omit the following:

Business premises;

Helipads;

Industrial training facilities;

Retail premises;

Insert in alphabetical order:

Boat launching ramps;

Boat sheds;

2012 No 529

Goulburn Mulwaree Local Environmental Plan 2009 (Amendment No 3)

Schedule 1

Amendment of Goulburn Mulwaree Local Environmental Plan 2009

Camping grounds;

Caravan parks;

Commercial premises;

Correctional centres;

Crematoria;

Educational establishments;

Exhibition homes;

Exhibition villages;

Health services facilities;

Jetties;

Moorings;

Mortuaries;

Passenger transport facilities;

Public administration buildings;

Recreation facilities (indoor);

Recreation facilities (outdoor);

Registered clubs;

Restricted premises;

Respite day care centres;

Service stations;

Signage;

Veterinary hospitals;

[29]      Land Use Table, Zone RE1 Public Recreation, item 3

Omit the following:

Charter and tourism boating facilities;

Signage;

Insert in alphabetical order:

Building identification signs; Emergency services facilities;

[30]      Land Use Table, Zone RE2 Private Recreation, item 3

Omit the following:

Charter and tourism boating facilities;

Marinas;

2012 No 529

Goulburn Mulwaree Local Environmental Plan 2009 (Amendment No 3)

Amendment of Goulburn Mulwaree Local Environmental Plan 2009

Schedule 1

Mooring pens;

Insert in alphabetical order:

Eco-tourist facilities;

Emergency services facilities;

Sewerage systems;

; Water supply systems

[31]      Land Use Table, Zone E2 Environmental Conservation, item 3

Insert in alphabetical order:

Backpackers’ accommodation;

Bed and breakfast accommodation;

Cemeteries;

Emergency services facilities;

Farm buildings;

Recreation facilities (outdoor);

Roads;

[32]      Land Use Table, Zone E3 Environmental Management, item 3

Insert in alphabetical order:

Camping grounds;

Caravan parks;

Child care centres;

Eco-tourist facilities;

Entertainment facilities;

Emergency services facilities;

Information and education facilities;

Recreation facilities (indoor);

Rural workers’ dwellings;

Stock and sale yards;

[33]      Land Use Table, Zone E3 Environmental Management, item 4

Insert “Serviced apartments;” in alphabetical order.

[34]      Land Use Table, Zone E4 Environmental Living, item 3

Omit the following:

Farm stay accommodation;

2012 No 529

Goulburn Mulwaree Local Environmental Plan 2009 (Amendment No 3)

Schedule 1

Amendment of Goulburn Mulwaree Local Environmental Plan 2009

Signage;

Insert in alphabetical order:

Building identification signs;

Camping grounds;

Cellar door premises;

Depots;

Eco-tourist facilities;

Environmental facilities;

Kiosks;

Roadside stalls;

Tourist and visitor accommodation;

[35]      Land Use Table, Zone E4 Environmental Living, item 4

Insert in alphabetical order:

Hotel or motel accommodation;

Serviced apartments;

[36]      Clause 5.9 Preservation of trees or vegetation

Omit clause 5.9 (9). Insert instead:

(9)

Subclause (8) (a) (ii) does not apply in relation to land in Zone R5 Large Lot Residential, Zone E2 Environmental Conservation, Zone E3 Environmental Management or Zone E4 Environmental Living.

[37]      Clause 5.13

Omit the clause. Insert instead:

5.13

Eco-tourist facilities

(1)

The objectives of this clause are as follows:

(a)

to maintain the environmental and cultural values of land on which development for the purposes of eco-tourist facilities is carried out,

(b)

to provide for sensitively designed and managed eco-tourist facilities that have minimal impact on the environment both on and off-site.

(2)

This clause applies if development for the purposes of an eco-tourist facility is permitted with development consent under this Plan.

2012 No 529

Goulburn Mulwaree Local Environmental Plan 2009 (Amendment No 3)

Amendment of Goulburn Mulwaree Local Environmental Plan 2009

Schedule 1

(3)

The consent authority must not grant consent under this Plan to carry out development for the purposes of an eco-tourist facility unless the consent authority is satisfied that:

(a)

there is a demonstrated connection between the development and the ecological, environmental and cultural values of the site or area, and

(b)

the development will be located, constructed, managed and maintained so as to minimise any impact on, and to conserve, the natural environment, and

(c)

the development will enhance an appreciation of the environmental and cultural values of the site or area, and

(d)

the development will promote positive environmental outcomes and any impact on watercourses, soil quality, heritage and indigenous flora and fauna will be minimal, and

(e)

the site will be maintained (or regenerated where necessary) to ensure the continued protection of natural resources and enhancement of the natural environment, and

(f)

waste generation during construction and operation will be avoided and that any waste will be appropriately removed, and

(g)

the development will be located to avoid visibility above ridgelines and against escarpments and from watercourses and that any visual intrusion will be minimised through the choice of design, colours materials and landscaping with local indigenous flora, and

(h)

any infrastructure services to the site will be provided without significant modification to the environment, and

(i)

any power and water to the site will, where possible, be provided through the use of passive heating and cooling, renewable energy sources and water efficient design, and

(j)

the development will not adversely affect the agricultural productivity of adjoining land, and

(k)

the following matters are addressed or provided for in a management strategy for minimising any impact on the natural environment:

(i)     measures to remove any threat of serious or irreversible environmental damage,

(ii)      the maintenance (or regeneration where necessary) of habitats,

2012 No 529

Goulburn Mulwaree Local Environmental Plan 2009 (Amendment No 3)

Schedule 1

Amendment of Goulburn Mulwaree Local Environmental Plan 2009

(iii)      efficient and minimal energy and water use and waste output,

(iv)      mechanisms for monitoring and reviewing the effect of the development on the natural environment,

(v)      maintaining improvements on an on-going basis in accordance with relevant ISO 14000 standards relating to management and quality control.

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