Guyra Local Environmental Plan 2012 (Amendment No 3) (2015-825) LW 18 December 2015 (NSW)

New South Wales

Guyra Local Environmental Plan 2012

(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.

PETER STEWART, GENERAL MANAGER, GUYRA SHIRE COUNCIL

As delegate for the Minister for Planning

Guyra Local Environmental Plan 2012 (Amendment No 3)

under the

Environmental Planning and Assessment Act 1979

1      Name of Plan

This Plan is Guyra Local Environmental Plan 2012 (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 Guyra Local Environmental Plan 2012 applies.

Schedule 1

Amendment of Guyra Local Environmental Plan

2012

[1]      Land Use Table

Omit “Dual occupancies (attached);” from item 3 of the matter relating to Zone RU1

Primary Production.

Insert instead “Dual occupancies;”.

[2]      Clause 4.2C

Insert after clause 4.2B:

4.2C

Boundary adjustments in Zone RU1

(1)	The objective of this clause is to permit the boundary between 2 or more lots to be adjusted in certain circumstances to give landowners a greater opportunity to achieve the objectives of a zone.
(2)	Despite clause 4.1 (3), development consent may be granted to the subdivision of 2 or more adjoining lots being land in Zone RU1 Primary Production if the subdivision will not result in:

(a)	an increase in the number of lots, or
(b)	an increase in the number of dwellings on, or dwellings that may be erected on, any of the lots.

(3)

In determining whether to grant development consent for the subdivision of

land under this clause, the consent authority must consider the following:

(a)	the existing uses and approved uses of other land in the vicinity of the subdivision,
(b)	whether or not the subdivision is likely to have a significant impact on land uses that are likely to be preferred and the predominant land uses in the vicinity of the subdivision,
(c)	whether or not the subdivision is likely to be incompatible with a use referred to in paragraph (a) or (b),
(d)	whether or not the subdivision is likely to be incompatible with a use on land in any adjoining zone,
(e)	any measures proposed by the applicant to avoid or minimise any incompatibility referred to in paragraph (c) or (d),
(f)	whether or not the subdivision is appropriate having regard to the natural and physical constraints affecting the land,
(g)	whether or not the subdivision is likely to have an adverse impact on the environmental values, heritage vistas or landscapes or agricultural viability of the land.

(4)

This clause does not apply in relation to the subdivision of individual lots in a

strata plan or a community title scheme.