Mudgee Local Environmental Plan 1998 (Amendment No 3)—Exempt and Complying Development (2002-396) [GG No 102 of 21.6.2002, p 4555] (NSW)

2002 No 396

Mudgee Local Environmental Plan 1998 New South Wales

(Amendment No 3)—Exempt and

Complying Development

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. (S00/00426/S69)

ANDREW REFSHAUGE, M.P.,

Minister for Planning

Published in Gazette No 102 of 21 June 2002, page 4555	Page 1
[4]
2002 No 396

Clause 1

Mudgee Local Environmental Plan 1998 (Amendment No 3)—Exempt and

Complying Development

Mudgee Local Environmental Plan 1998

(Amendment No 3)—Exempt and Complying

Development

1     Name of plan

This plan is Mudgee Local Environmental Plan 1998 (Amendment

No 3)—Exempt and Complying Development.

2     Aims of plan

The aims of this plan are:

(a)	to provide for exempt and complying development in the local government area of Mudgee, and
(b)	to except that local government area from the application of State Environmental Planning Policy No 60—Exempt and Complying Development while continuing its exception from clauses 6–10 of State Environmental Planning Policy No 4—Development Without Consent and Miscellaneous Complying Development.

3     Land to which this plan applies

This plan applies to all land within the local government area of

Mudgee.

4     Amendment of other environmental planning instruments

(1)

This plan amends Mudgee Local Environmental Plan 1998 as set out

in Schedule 1.

(2) This plan amends State Environmental Planning Policy No 60—Exempt and Complying Development by deleting from Part 2 of Schedule 1 the following:

Mudgee

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2002 No 396

Mudgee Local Environmental Plan 1998 (Amendment No 3)—Exempt and

Complying Development

Amendments Schedule 1

Schedule 1 Amendments

(Clause 4 (1))

[1]     Clause 6 Interpretation

Insert the following definition in alphabetical order in clause 6 (1):

home child care means the provision, in a dwelling, of care for up to seven children (who may include the care giver’s own children) on the premises where the care giver resides.

[2]     Part 2 General restrictions on development

Omit “dwellings;” from item 2 of the matter relating to Zones Nos 1 (a),

1 (c1), 1 (c2), 2 (a) and 2 (c) in the Table to Part 2.

[3]     Part 2, Table

Omit “community markets;” from item 2 of the matter relating to

Zone No 6 (a).

[4]     Clause 29A

Insert before clause 30:

29A Exempt and complying development

(1) Development of minimal environmental impact listed as exempt development in Development Control Plan No 18 as adopted by the Council on 6 May 2002 is exempt development, despite any other provision of this plan.

(2)

Development listed as complyingdevelopment in Development Control Plan No 18 as adopted by the Council on 6 May 2002 is complying development if:

(a)	it is local development of a kind that can be carried out with consent on land on which it is proposed, and
(b)	it is not an existing use, as defined in section 106 of the Act.

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2002 No 396

Mudgee Local Environmental Plan 1998 (Amendment No 3)—Exempt and

Complying Development

Schedule 1 Amendments

(3)	Development is exempt or complying development only if it complies with the development standards and other requirements applied to the development by Development Control Plan No 18 as adopted by the Council on 6 May 2002.
(4)	A complying development certificate issued for any complying development is to be subject to the conditions for the development specified in Development Control Plan No 18 adopted by Council, as in force when the certificate is issued.

BY AUTHORITY

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