Leeton Local Environmental Plan 2014 (Amendment No 1) (2015-439) LW 31 July 2015 (NSW)

New South Wales

Leeton Local Environmental Plan 2014

(Amendment No 1)

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.

GARRY STOLL, DIRECTOR ENVIRONMENTAL AND COMMUNITY SERVICES,

LEETON SHIRE COUNCIL

As delegate for the Minister for Planning

Leeton Local Environmental Plan 2014 (Amendment No 1)

under the

Environmental Planning and Assessment Act 1979

1      Name of Plan

This Plan is Leeton Local Environmental Plan 2014 (Amendment No 1).

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 Leeton Local Environmental Plan 2014 applies.

4      Maps

The maps adopted by Leeton Local Environmental Plan 2014 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 Leeton Local Environmental Plan

2014

[1]      Land Use Table

Omit “Places of public worship;” from item 4 of the matter relating to Zone R3 Medium

Density Residential.

[2]      Land Use Table, Zone R5 Large Lot Residential

Omit “Flood mitigation works;” from item 2.

[3]      Clause 4.1 Minimum subdivision lot size

Omit “identified on the Lot Size Map as being within areas marked “W” and “Z”” from clause 4.1 (3A).

Insert instead “within the area identified as “W” on the Lot Size Map”.

[4]      Clause 4.1 (3B)

Omit “identified on the Lot Size Map as being within area “Z””.

Insert instead “within the area identified as “Z1” or “Z2” on the Lot Size Map”.

[5]      Clause 4.2E

Insert after clause 4.2D:

4.2E

Exceptions to minimum lot sizes for certain rural subdivisions

(1) The objective of this clause is to enable the subdivision of land in Zone RU1 Primary Production to create lots of an appropriate size to meet the needs of current permissible uses other than for the purpose of dwelling houses or dual occupancies. (2) This clause applies to land in Zone RU1 Primary Production. (3) Land to which this clause applies may, with development consent, be subdivided to create a lot of a size that is less than the minimum size shown on the Lot Size Map in relation to that land, if the consent authority is satisfied that the use of the land after the subdivision will be the same use (other than a dwelling house or a dual occupancy) permitted under the existing development consent for the land. (4) Development consent must not be granted for the subdivision of land to which this clause applies unless the consent authority is satisfied that:

(a)	the subdivision will not adversely affect the use of the surrounding land for agriculture, and
(b)	the subdivision is necessary for the ongoing operation of the permissible use, and
(c)	the subdivision will not increase rural land use conflict in the locality, and
(d)	the subdivision is appropriate having regard to the natural and physical constraints affecting the land.

[6]      Clause 6.7 Development on river front areas

Omit the definition of river front area from clause 6.7 (4). Insert instead:

river front area means:

(a)	in Zone RU1 Primary Production—the land within 40 metres of the high bank of the river, or
(b)	in Zone SP2 Infrastructure—the land within 100 metres of the high bank of the river.

[7]      Schedule 4 Classification and reclassification of public land

Omit “Nil” from Column 1 in Part 1. Insert in Columns 1 and 2, respectively:

Leeton, 14 Yanco Avenue Lot 15, Section 57, DP 758606