Greater Taree Local Environmental Plan 2010 (Amendment No 8) (2014-490) LW 1 August 2014 (NSW)

New South Wales

Greater Taree Local Environmental Plan 2010

(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.

RICHARD PAMPLIN, SENIOR LEADER STRATEGIC PLANNING,

GREATER TAREE CITY COUNCIL

As delegate for the Minister for Planning

Greater Taree Local Environmental Plan 2010 (Amendment No 8)

under the

Environmental Planning and Assessment Act 1979

1      Name of Plan

This Plan is Greater Taree Local Environmental Plan 2010 (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

(1)

To the extent this Plan affects permitted or prohibited uses, it applies to land in the

following zones:

(a)	Zone RU1 Primary Production,
(b)	Zone R1 General Residential,
(c)	Zone B1 Neighbourhood Centre.

(2)

To the extent this Plan permits minimum subdivision lot sizes for certain split zones, this Plan applies to each lot to which Greater Taree Local Environmental Plan 2010 applies that contains land in a residential, business or industrial zone, as well as land in Zone RU1 Primary Production, Zone RU4 Primary Production Small Lots, Zone E2 Environmental Conservation and Zone E3 Environmental Management.

(3)

To the extent this Plan affects heritage items, it applies to the following land:

(a)	Main Street, Black Head, being part of Lot 7302, DP 1143094,
(b)	Wylie Breckenridge Park, Black Head, being part of Lot 57, DP 1150082,
(c)	Seascape Drive, Red Head, being part of Lot 81, DP 1096579,
(d)	83–87 Albert Street, Taree, being Lots 21–23, DP 50231,
(e)	90 Albert Street, Taree, being Lot 5, DP 369872,
(f)	Victoria Street, Taree, being the road reserve between Commerce and Pulteney Streets,
(g)	River Road, Taree South, being the road reserve adjoining Lot 7009, DP 1052153,
(h)	Lot 20 Wynter Street, Wingham, being Lot 20, DP 773785.

(4)

To the extent this Plan rezones land, it applies to the following land:

(a)	90 High Street, Black Head, being Lot 1, DP 1048443,
(b)	Lot 213 High Street, Black Head, being Lot 213, DP 1098493,
(c)	39–41 Beach Road, Harrington, being SP 65841 and SP 71324,
(d)	8–10 Electra Parade, Harrington, being Lots 2 and 3, DP 1063185,
(e)	Hogan Street, Harrington, being Lot 15, DP 1016451,
(f)	15004–15046 Pacific Highway, Possum Brush, being land adjoining Lots 9 and 10, DP 1156631,
(g)	45 Cowper Street, Taree, being Lot 1, DP 798525 and Lot 1, DP 798526,
(h)	Gipps Street, Taree, being Lot 2, DP 579557.

4      Maps

The maps adopted by Greater Taree Local Environmental Plan 2010 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 Greater Taree Local

Environmental Plan 2010

[1]      Land Use Table

Insert “Airstrips;” in alphabetical order in item 3 of the matter relating to Zone RU1

Primary Production.

[2]      Land Use Table, Zone R1 General Residential

Insert the following in alphabetical order in item 4:

Air transport facilities;

Airstrips;

Amusement centres;

Boat sheds;

Camping grounds;

Caravan parks;

Correctional centres;

Heavy industrial storage establishments;

Mortuaries;

Storage premises;

Vehicle body repair workshops;

Vehicle repair stations;

[3]      Land Use Table, Zone B1 Neighbour Centre

Omit “Tourist and visitor accommodation;” from item 4.

[4]      Clause 4.1B

Insert after clause 4.1A:

4.1B	Exceptions to minimum subdivision lots 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, and
(b)	land in Zone RU1 Primary Production, Zone RU4 Primary Production Small Lots, Zone E2 Environmental Conservation or Zone E3 Environmental Management.

(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 Zone RU1 Primary Production, Zone RU4 Primary Production Small Lots, Zone E2 Environmental Conservation or Zone E3 Environmental Management 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.

[5]      Schedule 5, Environmental heritage

Omit the matter relating to items I117, I118 and I289 from Part 1.

[6]      Schedule 5, Part 1

Insert in appropriate order under the headings “Suburb”, “Item name”, “Address”,

“Property description”, “Significance” and “Item no”, respectively:

Black Head Norfolk Island Opposite 1–31 Part of Lot 7302, DP Local I309

Pines (16) Main Street 1143094

Black Head	Norfolk Island	Wylie	Part of Lot 57, DP	Local	I308
Pines (41)	Breckenridge	1150082
Park
Red Head	Rusty Fig tree	Seascape Drive	Part of Lot 81, DP	Local	I307
(corner of	1096579
Cottesloe Circuit)
Taree	Courthouse	83–87 Albert	Lots 21–23, DP	Local	I117
Street	50231
Taree	Dwelling	90 Albert Street	Lot 5, DP 369872	Local	I118
Taree	Phoenix Palm	Victoria Street	Road reserve	Local	I305
(opposite 221	(between
Victoria Street)	Commerce and Pulteney Streets)
Taree South	Glenthorne Fig	River Road	Road reserve	Local	I306
tree	(adjoining 148	(adjoining Lot 7009,
River Road)	DP 1052153)
Wingham	Post Office	Lot 20 Wynter	Lot 20, DP 773785	National	I289
Street