Kyogle Local Environmental Plan No 19 (2009-341) LW 24 July 2009 (NSW)

2009 No 341

New South Wales

Kyogle Local Environmental Plan

No 19

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. (G06/00061/PC)

KRISTINA KENEALLY, MP

Minister for Planning

Published LW 24 July 2009	Page 1
2009 No 341

Clause 1 Kyogle Local Environmental Plan No 19

Kyogle Local Environmental Plan No 19

under the

Environmental Planning and Assessment Act 1979

1      Name of plan

This plan is Kyogle Local Environmental Plan No 19.

2      Aims of plan

This plan aims to rezone certain land under:

(a)	Interim Development Order No 1—Shire of Kyogle from partly Zone No 1 (a) (Non-urban “A” Zone) and partly Zone No 1 (b) (Non-urban “B” Zone) to Zone No 1 (c) (Non-urban 1 (c) (Small Holdings) Zone), and
(b)	Interim Development Order No 1—Shire of Terania from partly Zone No 1 (a) (Non-urban “A” Zone) and partly Zone No 1 (b) (Non-urban “B” Zone) to Zone No 1 (c) (Non-urban “C” Zone),

to cater for projected population growth in the local government area of Kyogle by providing additional rural lots in accordance with the Kyogle Structure Plan as adopted by Kyogle Council on 17 December 2007.

3      Land to which plan applies

This plan applies to certain land in the local government area of Kyogle, being the Preferred Areas known as:

(a)	Homeleigh, Runnymede Road, Geneva, Bonalbo, Mallanganee, Old Bonalbo, Tabulam/Bottle Creek, Wiangaree, Woodenbong and Mummulgum, as shown coloured light brown with dark scarlet edging and lettered “1 (c)” on Sheets 1–10 of the map marked “Kyogle Local Environmental Plan No 19” (the amending map) deposited in the office of Kyogle Council, and
(b)	Cawongla and Cawongla/Oxbow Road, as shown coloured light brown with dark scarlet edging and lettered “1 (c)” on Sheets 11 and 12 of the amending map.

2009 No 341

Kyogle Local Environmental Plan No 19

Amendment of Interim Development Order No 1—Shire of Kyogle Schedule 1

Schedule 1

Amendment of Interim Development

Order No 1—Shire of Kyogle

[1]      Clause 2

Insert in appropriate order in the definition of I.D.C. Map in clause 2 (1):

Kyogle Local Environmental Plan No 19—Sheets 1–10

[2]      Clause 17A

Insert “, other than land to which clause 17AA applies” after “Zone No 1 (c)” in clause 17A (1).

[3]      Clause 17AA

Insert after clause 17A:

17AA	Development of land in Zone No 1 (c) in Preferred Areas
(1) This clause applies to land that is in both:

(a)	Zone No 1 (c), and
(b)	a Preferred Area to which both this Order and the Structure Plan apply.

(2)

Except as provided by subclause (4), land to which this clause applies is not to be subdivided without the consent of the Council.

(3)

The Council must not consent to the subdivision of land to which

this clause applies unless the Council is satisfied that:

(a)	each lot that will be created by the subdivision will have an appropriate ratio of depth to frontage having regard to the purpose for which the lot is intended to be used, and
(b)	the minimum size of each lot and the lot yield of the subdivision of each Preferred Area is in accordance with the Structure Plan, and
(c)	there is vehicular ingress to and egress from each lot, and
(d)	there is an electricity supply, or satisfactory arrangements have been made for providing that supply, to each lot, and
(e)	all roads in the subdivision are sealed, or satisfactory arrangements have been made for sealing the roads, and
(f)	there is a sealed road connecting the subdivision to a commercial centre, and
(g)	provision has been made for the retention of natural water courses on the land.

2009 No 341

Kyogle Local Environmental Plan No 19

Schedule 1 Amendment of Interim Development Order No 1—Shire of Kyogle

(4)

The consent of the Council to the subdivision of land to which this clause applies is not required if the subdivision is for the purpose of opening a public road.

(5)

In this clause:

Preferred Area means one of 10 Preferred Areas known as

Homeleigh, Runnymede Road, Geneva, Bonalbo, Mallanganee,

Old Bonalbo, Tabulam/Bottle Creek, Wiangaree, Woodenbong

and Mummulgum, as shown coloured light brown with dark

scarlet edging and lettered “1 (c)” on Sheets 1–10 of the map

marked “Kyogle Local Environmental Plan No 19” deposited in

the office of the Council.

Structure Plan means the document titled Kyogle Structure

Plan: For Twelve Preferred Areas (Version C December 2007)

approved by the Council on 17 December 2007, a copy of which

is deposited in the office of the Council.

2009 No 341

Kyogle Local Environmental Plan No 19

Amendment of Interim Development Order No 1—Shire of Terania Schedule 2

Schedule 2

Amendment of Interim Development

Order No 1—Shire of Terania

[1]      Clause 3

Omit the definition of I.D.C. Map from clause 3 (1). Insert instead:

I.D.C. Map means a series of maps bounded in a book titled Shire of Terania Interim Development Control Map referred to in Interim Development Order No 1—Shire of Terania deposited in the office of the Council, as amended by the maps (or sheets of maps) so deposited and marked as follows:

Amendment No 2 of the map referred to in Interim Development

Order No 1—Shire of Terania

Kyogle Local Environmental Plan No 19—Sheets 11 and 12

[2]      Clause 12A

Omit the clause. Insert instead:

12A Development of land in Zone No 1 (c) in Preferred Areas

(1)

This clause applies to land that is in both:

(a)	Zone No 1 (c), and
(b)	a Preferred Area to which both this Order and the Structure Plan apply.

(2)

Except as provided by subclause (4), land to which this clause applies is not to be subdivided without the consent of the Council.

(3)

The Council must not consent to the subdivision of land to which

this clause applies unless the Council is satisfied that:

(a)	each lot that will be created by the subdivision will have an appropriate ratio of depth to frontage having regard to the purpose for which the lot is intended to be used, and
(b)	the minimum size of each lot and the lot yield of the subdivision of each Preferred Area is in accordance with the Structure Plan, and
(c)	there is vehicular ingress to and egress from each lot, and
(d)	there is an electricity supply, or satisfactory arrangements have been made for providing that supply, to each lot, and
(e)	all roads in the subdivision are sealed, or satisfactory arrangements have been made for sealing the roads, and
(f)	there is a sealed road connecting the subdivision to a commercial centre, and

2009 No 341

Kyogle Local Environmental Plan No 19

Schedule 2 Amendment of Interim Development Order No 1—Shire of Terania

(g) provision has been made for the retention of natural water courses on the land.

(4)

The consent of the Council to the subdivision of land to which this clause applies is not required if the subdivision is for the purpose of opening a public road.

(5)

In this clause:

Preferred Area means one of 2 Preferred Areas known as

Cawongla and Cawongla/Oxbow Road, as shown coloured light

brown with dark scarlet edging and lettered “1 (c)” on Sheets 11

and 12 of the map marked “Kyogle Local Environmental Plan

No 19” deposited in the office of the Council.

Structure Plan means the document titled Kyogle Structure

Plan: For Twelve Preferred Areas (Version C December 2007)

approved by the Council on 17 December 2007, a copy of which

is deposited in the office of the Council.