Maitland Local Environmental Plan 2011 (Amendment No 10) (2014-303) LW 30 May 2014 (NSW)

New South Wales

Maitland Local Environmental Plan 2011

(Amendment No 10)

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.

DAVID ROWLAND

As delegate for the Minister for Planning

Maitland Local Environmental Plan 2011 (Amendment No 10)

under the

Environmental Planning and Assessment Act 1979

1      Name of Plan

This Plan is Maitland Local Environmental Plan 2011 (Amendment No 10).

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 all of the land to which Maitland Local Environmental Plan

2011 applies.

Schedule 1

Amendment of Maitland Local Environmental

Plan 2011

[1]      Land Use Table

Insert at the end of item 1 of the matter relating to Zone E4 Environmental Living:

• To encourage practical development outcomes by providing for low density residential development between areas of large lot residential and rural land where part of the land is affected by flooding.

[2]      Clause 4.2C

Insert after clause 4.2B:

4.2C	Minimum subdivision lot sizes for certain split zones
(1) The objectives of this clause are as follows:

(a)	to provide for the subdivision of lots that are within more than one zone but cannot be subdivided under clause 4.1,
(b)	to ensure that the subdivision occurs in a manner that promotes sustainable land use and development.

(2)

This clause applies to each lot (an original lot) that contains:

(a)	land in a residential, business or industrial zone, and
(b)	land in Zone RU1 Primary Production, Zone RU2 Rural Landscape, Zone E2 Environmental Conservation or Zone E3 Environmental Management.

(3)

Despite clause 4.1, development consent may be granted to subdivide an

original lot to create other lots (the resulting lots) if:

(a) one of the resulting lots will contain:

(i)      land in a residential, business or industrial zone that has an area that is not less than the minimum lot size shown on the Lot Size Map in relation to that land, and

(ii)      all the land in Zone RU1 Primary Production, Zone RU2 Rural Landscape, Zone E2 Environmental Conservation or Zone E3 Environmental Management that was in the original lot, and

(b) all other resulting lots will contain land that has an area that is not less than the minimum lot size shown on the Lot Size Map in relation to the land.