Liverpool Plains Local Environmental Plan 2011 (Amendment No 4) (2017-603) LW 27 October 2017 (NSW)

New South Wales

Liverpool Plains Local Environmental Plan

2011 (Amendment No 4)

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.

RONALD VAN KATWYK, GENERAL MANAGER,

LIVERPOOL PLAINS SHIRE COUNCIL

As delegate for the Minister for Planning

Liverpool Plains Local Environmental Plan 2011 (Amendment

No 4)

under the

Environmental Planning and Assessment Act 1979

1      Name of Plan

This Plan is Liverpool Plains Local Environmental Plan 2011 (Amendment No 4).

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 certain land in Quirindi and all land in the following zones under

Liverpool Plains Local Environmental Plan 2011:

(a)	Zone RU1 Primary Production,
(b)	Zone RU3 Forestry,
(c)	Zone RU6 Transition,
(d)	Zone R5 Large Lot Residential,
(e)	Zone E3 Environmental Management,
(f)	Zone E4 Environmental Living.

4      Maps

The maps adopted by Liverpool Plains Local Environmental Plan 2011 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 Liverpool Plains Local

Environmental Plan 2011

[1]      Land Use Table

Insert “Farm buildings;” in alphabetical order in item 3 of Zone R5 Large Lot Residential.

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

Omit “Farm buildings;” from item 4.

[3]      Clause 4.1C

Insert after clause 4.1B:

4.1C

Boundary adjustments 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 of a zone.

(2)

This clause applies to land in the following zones:

(a)	Zone RU1 Primary Production,
(b)	Zone RU3 Forestry,
(c)	Zone RU6 Transition,
(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 any of 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, any of the lots.

(4)

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 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 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 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.