Moree Plains Local Environmental Plan 2011 (Amendment No 2) (2015-53) LW 6 February 2015 (NSW)

New South Wales

Moree Plains Local Environmental Plan 2011

(Amendment No 2)

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.

STEPHEN MURRAY

As delegate for the Minister for Planning

Moree Plains Local Environmental Plan 2011 (Amendment No 2)

under the

Environmental Planning and Assessment Act 1979

1      Name of Plan

This Plan is Moree Plains Local Environmental Plan 2011 (Amendment No 2).

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 land in Zone RU1 Primary Production, Zone RU4 Primary Production Small Lots, Zone R5 Large Lot Residential and Zone B6 Enterprise Corridor under Moree Plains Local Environmental Plan 2011.

4      Maps

The maps adopted by Moree 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 Moree Plains Local Environmental

Plan 2011

[1]      Land Use Table

Omit “(attached)” from item 3 of the matter relating to Zone RU1 Primary Production.

[2]      Land Use Table, Zone RU1 Primary Production

Insert “; Water storage facilities” after “Water recreation structures” in item 3.

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

Insert “Secondary dwellings;” after “Rural industries;” in item 3.

[4]      Clauses 4.2D and 4.2E

Insert after clause 4.2C:

4.2D

Erection of dual occupancies (detached) on land in Zone RU1

(1)	This clause applies to land in Zone RU1 Primary Production.
(2)	Development consent must not be granted for the erection of a dual occupancy (detached) on land to which this clause applies unless the consent authority is satisfied that:

(a)	each dwelling will use the same vehicular access to and from a public road, and
(b)	the dwellings will be situated within 200 metres of each other, and
(c)	the land is physically suitable for the erection of the dwellings, and
(d)	the land is capable of accommodating the on-site disposal and management of sewage for the development.

4.2E	Erection of temporary workers’ accommodation on land in Zone RU1
(1) The objectives of this clause are as follows:

(a)	to enable development for temporary workers’ accommodation if there is a demonstrated need to accommodate employees due to the nature of the work or the location of the land on which that work is carried out,
(b)	to ensure that temporary workers’ accommodation is appropriately located,
(c)	to ensure that the erection of temporary workers’ accommodation is not likely to have a detrimental impact on the future use of the land or to conflict with an existing land use,
(d)	to minimise the impact of temporary workers’ accommodation on local roads and infrastructure.

(2)

This clause applies to land in Zone RU1 Primary Production.

(3)

Development consent must not be granted for the erection of temporary workers’ accommodation on land to which this clause applies unless the consent authority is satisfied of the following:

(a)	the development is to be located within 5 kilometres of the land at which persons are to be employed,
(b)	there is a need to provide temporary workers’ accommodation due either to the nature of the development or because of the remote or isolated location of the land on which the development is being carried out,
(c)	the development will not prejudice the subsequent carrying out of development on the land in accordance with this Plan and any other applicable environmental planning instrument,
(d)	power systems, water reticulation systems and sewerage systems will be provided to adequately meet the requirements of the development,
(e)	when the development is no longer in use, the land will, as far as practicable, be restored to the condition in which it was before the commencement of the development.

(4)

In this clause:

temporary workers’ accommodation means any habitable buildings and

associated amenities erected for the purpose of providing a place of temporary

or short-term accommodation for persons working in the rural, agriculture or

mining sector.

[5]      Clause 7.2 Erection of rural workers’ dwellings

Omit clause 7.2 (3) (d). Insert instead:

(d) the development will be on the same lot as an existing lawfully erected dwelling house.