Hawkesbury Local Environmental Plan 2012 (Amendment No 27) (2020-784) LW 23 December 2020 (NSW)

New South Wales

Hawkesbury Local Environmental Plan 2012

(Amendment No 27)

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.

LINDA PERRINE, DIRECTOR, CITY PLANNING

HAWKESBURY CITY COUNCIL

As delegate for the local plan-making authority

Hawkesbury Local Environmental Plan 2012 (Amendment No 27) [NSW]

Hawkesbury Local Environmental Plan 2012 (Amendment No 27)

under the

Environmental Planning and Assessment Act 1979

1      Name of Plan

This Plan is Hawkesbury Local Environmental Plan 2012 (Amendment No 27).

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 Hawkesbury Local Environmental Plan 2012

applies.

4      Maps

The maps adopted by Hawkesbury Local Environmental Plan 2012 are amended or

replaced, as the case requires, by the maps approved by the local plan-making

authority on the making of this Plan.

Hawkesbury Local Environmental Plan 2012 (Amendment No 27) [NSW]

Schedule 1 Amendment of Hawkesbury Local Environmental Plan 2012

Schedule 1

Amendment of Hawkesbury Local Environmental

Plan 2012

[1]      Land Use Table

Omit “Bed and breakfast accommodation;” from item 2 of the matters relating to Zones

RU1, RU2, RU4, RU5, R1, R2, R3, R5, B1, E3 and E4.

Insert “Bed and breakfast accommodation;” in alphabetical order in item 3 of the matters

relating to Zones RU2 and B1.

[2]      Land Use Table, Zones RU1, RU2, RU4, RU5, R1, R2, R3, R5, E3 and E4

Insert “Eco-tourist facilities;” in alphabetical order in item 3.

[3]      Land Use Table, Zone RU2 Rural Landscape

Insert “Veterinary hospitals;” in alphabetical order in item 3.

[4]      Land Use Table, Zone SP2 Infrastructure

Insert “Community facilities;” and “Public administration buildings;” in alphabetical order

in item 3.

[5]      Clause 4.1D Exceptions to minimum subdivision lot size for certain land

Insert “, excluding the area of an access handle” after “4,000 square metres” in clause

4.1D(1)(b).

[6]      Clause 4.1D(2)

Omit “previously”.

[7]      Clause 4.1E

Omit the clause. Insert instead—

4.1E	Subdivision in Grose Wold and Grose Vale
(1) The objective of this clause is to ensure the protection of threatened species,

threatened ecological communities and land in an environmental constraint

area.

(2)	This clause applies to land in the area known as “Grose Wold” and “Grose
Vale”, being the land identified as “Area B” and edged heavy yellow on the
Lot Size Map.
(3)	Development consent must not be granted for a subdivision of the land unless
the number of lots resulting from the subdivision plus the number of lots
resulting from a subdivision on or after 2 June 2000 of the whole or part of the
original lot for the land to be subdivided will not exceed the area of the original
lot, in hectares, divided by 4.
(4)	In addition, development consent must not be granted for the subdivision
unless—
(a) in considering a development application to which this clause relates,

the consent authority has had regard to the effect the development is

likely to have on the following—

(i)      the water quality and water quantity in the Grose River and its

tributaries,

(ii)      the scenic quality of the area,

Hawkesbury Local Environmental Plan 2012 (Amendment No 27) [NSW]

Schedule 1 Amendment of Hawkesbury Local Environmental Plan 2012

(iii)      existing riparian vegetation and the rehabilitation of local native

riparian vegetation located along the Grose River and along

drainage lines and creeks, and

(b)	the consent authority is satisfied of the following—
(i) the pattern of lots to be created by the subdivision and the

location of buildings on the lots will minimise the impact on

threatened species and threatened ecological communities,

waterways and groundwater, and land in an environmental

constraint area,

(ii)      a geotechnical assessment has been undertaken demonstrating

the land is adequate for the on-site disposal of effluent in

accordance with best practice,

(iii)      land containing threatened species or threatened ecological

communities and land in an environmental constraint area is

retained in one lot as much as possible,

(iv)      there will be no significant adverse impacts on threatened species

or threatened ecological communities or land in an

environmental constraint area located downstream or

surrounding the development.

(5)	Despite clauses 4.1, 4.1AA and 4.1A, development consent must not be
granted for a subdivision of the land that contains an environmental constraint
area unless—
(a) the size of each lot resulting from the subdivision will be at least 1

hectare, and

(b) each lot resulting from the subdivision will contain at least one hectare

of land that is not in an environmental constraint area.

(6)	In this clause—
environmental constraint area means land identified as “Environmental
Constraint Area” on the Environmental Constraints Area Map.
original lot for land being subdivided means a lot that existed immediately
before 2 June 2000 that included the land.
threatened ecological community and threatened species have the same
meanings as in the Biodiversity Conservation Act 2016.

[8]      Clause 4.1F Exceptions to minimum subdivision lot size for certain land in North Richmond

Insert “, excluding the area of an access handle” after “700 square metres”.

[9]      Clause 4.1H

Insert after clause 4.1G—

4.1H

Boundary changes between lots in certain rural, residential and environment

protection zones

(1) The objective of this clause is to permit the boundary between 2 or more lots

to be altered in certain circumstances to give landowners a greater opportunity

to achieve the objectives for development in a zone.

(2)

This clause applies to land in the following zones—

(a)	Zone RU1 Primary Production,
(b)	Zone RU2 Rural Landscape,
(c)	Zone RU4 Primary Production Small Lots,

Hawkesbury Local Environmental Plan 2012 (Amendment No 27) [NSW]

Schedule 1 Amendment of Hawkesbury Local Environmental Plan 2012

(d)	Zone R5 Large Lot Residential,
(e)	Zone E3 Environmental Management,
(f)	Zone E4 Environmental Living.

(3)

Despite clause 4.1(3), development consent may be granted to the subdivision

of 2 or more adjoining lots, being land to which this clause applies, if the

subdivision will not result in the following—

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

erected on, the lots.

(4)	Before determining a development application 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 development,

(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 of

land in any adjoining zone,

(e) any measures proposed by the applicant to avoid or minimise an

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 or agricultural viability of the land.

(5)	This clause does not apply—
(a) in relation to the subdivision of individual lots in a strata plan or a

community title scheme, or

(b) if the subdivision would create a lot that could itself be subdivided in

accordance with clause 4.1.

[10]      Clause 6.10

Omit “Richmond Road” wherever occurring. Insert instead “Hawkesbury Valley Way”.

[11]      Clause 6.11 Residential accommodation at Johnston and New Streets, Windsor

Omit “23–27 Johnston Street” from Column 2 of the Table.

Insert instead “25 Johnston Street”.

[12]      Schedule 1 Additional permitted uses

Omit “739 George Street” and “Lot 1, DP 129442 and Lot 1, 779913” from clause 11.

Insert instead “739–741 George Street” and “Lots 11 and 12, DP 1184975”, respectively.

[13]      Schedule 2 Exempt development

Insert at the end of the Schedule—

Hawkesbury Local Environmental Plan 2012 (Amendment No 27) [NSW]

Schedule 1 Amendment of Hawkesbury Local Environmental Plan 2012

Markets

(1)

Must take place on the following—

(a)	public land owned by, or under the control of, the Council,
(b)	a public road for which the Council is the roads authority under the

Roads Act 1993.

(2)	Must have access and egress for pedestrians and emergency vehicles.
(3)	Must not include the erection of a permanent structure.

Recreation areas

(1)

Must only be used for the purposes of concerts, events, festivals, functions,

exhibitions, parades and weddings.

(2)

Must take place on the following—

(a)	public land owned by, or under the control of, the Council,
(b)	a public road for which the Council is the roads authority under the

Roads Act 1993.

(3)	Must have access and egress for pedestrians and emergency vehicles.
(4)	Must not include the erection of a permanent structure.
(5)	Must not permanently occupy the land or road.
(6)	Must not involve any permanent physical change to the land or road.

[14]      Schedule 4 Classification and reclassification of public land

Omit the matter relating to 11–11I West Market Street from the table to Part 1.

Insert in appropriate order—

Richmond, 11 East Market Street	Lot 18, DP 236567
Richmond, 11A East Market Street	Lot 17, DP 236567
Richmond, 11B East Market Street	Lot 2, DP 561996
Richmond, 11C East Market Street	Lot 15, DP 236567
Richmond, 11D East Market Street	Lot 12, DP 236567
Richmond, 11E East Market Street	Lot 11, DP 236567
Richmond, 11F East Market Street	Lot 10, DP 236567
Richmond, 11G East Market Street	Lot 9, DP 236567
Richmond, 11H East Market Street	Lot 14, DP 236567
Richmond, 11I East Market Street	Lot 13, DP 236567

[15]      Schedule 5 Environmental heritage

Omit items I515, I24, I292, I00045, I0091, I435, I01837, I01836, I00598, I01018, I513,

I00005 and the matter relating to 3 Old Bridge Road from Part 1.

Insert in appropriate order—

Kurrajong “Curraweena” 1033 Grose Vale Lot 1, DP 1153901 Local I515

Road

Hawkesbury Local Environmental Plan 2012 (Amendment No 27) [NSW]

Schedule 1 Amendment of Hawkesbury Local Environmental Plan 2012

Pitt Town	Slab barn	26A Buckingham	Lot 1, DP 1180284 Local I292
Street
Richmond	House	126 Windsor Street	Lot 21, DP 713157 State I00045

Scheyville	Scheyville National	Scheyville Road	State	I01817
Park
St Albans	Old Great North	Old Great North	State	I0091
Road	Road between
Devine’s Hill and
Mount Manning

St Albans “The Glen” 252 Wollombi Road Lot 571, DP Local I435

Homestead and	1057735
“Governor
Bailey’s” burial
ground

Wilberforce	St John’s General	39–55 Clergy Road	Lots 7015 and 7016,	Part	I01837
Cemetery (former	DP 1032360; Land	Local/
Anglican	adjoining and to the	Part
Cemetery)	south west of Lot	State
7016, DP 1032360
Wilberforce	St John’s Anglican	43 Macquarie Road	Lot 1, DP 771362	Part	I01836
Church and	Local/
schoolhouse	Part
State
Wilberforce	“Stannix Park”	103 Stannix Park	Lot 11, DP 789975	State	I00598
House, cattle tanks	Lane
and site
Windsor	Stables at rear of	32 Bridge Street	Lot 7017, DP	State	I01018
police station	1030415

Windsor	Main Hospital	320 George Street	Lot 50, DP 1035291 Local	I513
block, brick fence
and Ashlar Morgue
Building
Windsor	Public reserve	3 Old Bridge Street	Lot 345, DP 752061 State	Part of
I00126

Windsor House 5 Thompson Square Lot 1, DP 745036 State I00005

[16]      Dictionary

Insert in alphabetical order—

battle-axe lot means a lot that has access to a road by an access handle.