Mid-Western Regional Local Environmental Plan 2012 (Amendment No 3) (2013-112) LW 15 March 2013 (NSW)

2013 No 112

New South Wales

Mid-Western Regional Local

Environmental Plan 2012 (Amendment

No 3)

under the

Environmental Planning and Assessment Act 1979

I, the Minister for Planning and Infrastructure, make the following local environmental plan under the Environmental Planning and Assessment Act 1979.

RICHARD PEARSON

As delegate for the Minister for Planning and Infrastructure

Published LW 15 March 2013	Page 1
2013 No 112

Clause 1 Mid-Western Regional Local Environmental Plan 2012 (Amendment No 3)

Mid-Western Regional Local Environmental Plan 2012

(Amendment No 3)

under the

Environmental Planning and Assessment Act 1979

1      Name of Plan

This Plan is Mid-Western Regional Local Environmental Plan 2012

(Amendment No 3).

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 the land to which Mid-Western Regional Local

Environmental Plan 2012 applies.

4      Maps

Each map adopted by Mid-Western Regional Local Environmental Plan 2012 that is specified in Column 1 of the following table is declared by this Plan to be amended or replaced, as the case requires, by the map specified opposite in Column 2 of the table as approved by the Minister on the making of this Plan:

Column 1

Column 2

Name of map being amended or

Name of amending or

replaced

replacement map

Mid-Western Regional Local

Mid-Western Regional Local

Environmental Plan 2012 Height of

Environmental Plan 2012 Height of

Buildings Map

Buildings Map

(5270_COM_HOB_006_160_20121

127)

Mid-Western Regional Local

Mid-Western Regional Local

Environmental Plan 2012 Height of

Environmental Plan 2012 Height of

Buildings Map

Buildings Map

(5270_COM_HOB_006C_010_2012

(5270_COM_HOB_006C_010_2013

0619)

0215)

2013 No 112

Mid-Western Regional Local Environmental Plan 2012 (Amendment No 3) Clause 4

Column 1	Column 2
Name of map being amended or	Name of amending or
replaced	replacement map
Mid-Western Regional Local	Mid-Western Regional Local
Environmental Plan 2012 Lot Size	Environmental Plan 2012 Lot Size
Map	Map
(5270_COM_LSZ_006_160_201209	(5270_COM_LSZ_006_160_201302
17)	18)
Mid-Western Regional Local	Mid-Western Regional Local
Environmental Plan 2012 Lot Size	Environmental Plan 2012 Lot Size
Map	Map
(5270_COM_LSZ_006C_010_20120	(5270_COM_LSZ_006C_010_20130
917)	215)
Mid-Western Regional Local	Mid-Western Regional Local
Environmental Plan 2012 Land	Environmental Plan 2012 Land
Zoning Map	Zoning Map
(5270_COM_LZN_006_160_201206	(5270_COM_LZN_006_160_201302
19)	15)
Mid-Western Regional Local	Mid-Western Regional Local
Environmental Plan 2012 Land	Environmental Plan 2012 Land
Zoning Map	Zoning Map
(5270_COM_LZN_006C_010_2012	(5270_COM_LZN_006C_010_2013
0619)	0215)

2013 No 112

Mid-Western Regional Local Environmental Plan 2012 (Amendment No 3)

Schedule 1 Amendment of Mid-Western Regional

Schedule 1

Amendment of Mid-Western Regional

Local Environmental Plan 2012

[1]      Clause 4.1C

Insert after clause 4.1B:

4.1C	Exception to minimum subdivision lot sizes around Zone B4
(1) The objective of this clause is to enable medium density housing on a range of lots around land in Zone B4 Mixed Use. (2) Despite clause 4.1 (3), there is no minimum subdivision lot size for the subdivision of land identified as “Area C” on the Lot Size Map and within 100 metres of land in Zone B4 Mixed Use, if the subdivision is for the purposes of residential accommodation.

[2]      Clauses 6.12 and 6.13

Insert after clause 6.11:

6.12 Development in a designated buffer area

(1)

The objective of this clause is to protect the operational

environment of the sewage treatment plant in Mudgee.

(2)

This clause applies to land identified as “Sewage Treatment Plant

Buffer” on the Sewage Treatment Plant Buffer Map.

(3)

Before granting development consent for development on land to which this clause applies, the consent authority must consider the following matters:

(a)	if the development is for the purposes of residential accommodation—the impact that any odour, noise and other emissions associated with the operation of the Mudgee sewage treatment plant would have on the development,
(b)	any proposed measures incorporated into the development that limit the impact of such noise and other emissions associated with the existing plant,
(c)	whether the development would adversely affect the operational environment of the plant.

6.13	Commercial premises on land in Zone B4 and known as Caerleon
(1) The objective of this clause is to maintain the commercial hierarchy of Mudgee by encouraging retail development of an appropriate scale on land in Zone B4 Mixed Use and known as Caerleon.

2013 No 112

Mid-Western Regional Local Environmental Plan 2012 (Amendment No 3)

Local Environmental Plan 2012 Schedule 1

(2)	Development consent may be granted to development for the purposes of retail premises on land in Zone B4 Mixed Use and known as Caerleon if the gross floor area of each individual retail premises does not exceed 1,280 square metres.
Note. A building may contain more than 1 retail premises as long as each retail premises individually does not have a gross floor area exceeding 1,280 square metres.
(3)	Before granting development consent to development referred to in subclause (2), the consent authority must consider the economic impact of the development and be satisfied that the development will not have an adverse impact on the commercial hierarchy of Mudgee.

[3]      Dictionary

Insert in alphabetical order:

Sewage Treatment Plant Buffer Map means the Mid-Western Regional Local Environmental Plan 2012