Murray Local Environmental Plan 2011 (Amendment No 3) (2015-212) LW 15 May 2015 (NSW)

New South Wales

Murray Local Environmental Plan 2011

(Amendment No 3)

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.

ASHLEY ALBURY

As delegate for the Minister for Planning

Murray Local Environmental Plan 2011 (Amendment No 3)

under the

Environmental Planning and Assessment Act 1979

1      Name of Plan

This Plan is Murray Local Environmental Plan 2011 (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 land to which Murray Local Environmental Plan 2011 applies.

4      Maps

The maps adopted by Murray 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 Murray Local Environmental Plan

2011

[1]      Land Use Table

Insert the following in alphabetical order in item 3 of the matter relating to Zone RU1

Primary Production:

Boat building and repair facilities;

Secondary dwellings;

[2]      Land Use Table, Zone R1 General Residential

Omit “Biosolids treatment facilities;” from item 3.

[3]      Land Use Table, Zone R1 General Residential

Insert “Biosolids treatment facilities;” in alphabetical order in item 4.

[4]      Land Use Table, Zone R2 Low Density Residential

Insert the following in alphabetical order in item 4:

Attached dwellings;

Dual occupancies;

Seniors housing;

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

Omit “Dual occupancies;” and “Seniors housing;” from item 3.

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

Insert “Secondary dwellings;” in alphabetical order in item 3.

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

Insert the following in alphabetical order in item 4:

Dual occupancies;

Seniors housing;

[8]      Land Use Table, Zone B6 Enterprise Corridor

Insert “Vehicle sales or hire premises;” in alphabetical order in item 3.

[9]      Land Use Table, Zone IN1 General Industrial

Insert “Vehicle sales or hire premises;” in alphabetical order in item 3.

[10]      Land Use Table, Zone SP3 Tourist

Insert the following in alphabetical order in item 3:

Building identification signs;

Business identification signs;

Environmental protection works;

Marinas;

Water recreation structures;

[11]      Land Use Table, Zone RE1 Public Recreation

Insert “Advertising structures;” in alphabetical order in item 3.

[12]      Land Use Table, Zone RE2 Private Recreation

Insert “Advertising structures;” in alphabetical order in item 3.

[13]      Clause 5.4 Controls relating to miscellaneous permissible uses

Omit “50%” from clause 5.4 (9) (b). Insert instead “20%”.

[14]      Clause 7.4 Development on river front areas

Omit “, recreation areas and recreation facilities (outdoors)” from clause 7.4 (2) (e).

Insert instead “and recreation areas”.

[15]      Schedule 2 Exempt development

Omit the matter relating to “Advertisements and advertising structures”, including the heading.

Insert instead:

Business identification signs

The construction or installation of a business identification sign on premises,

if:

(a)	the sign identifies or names the business carried out on the premises, and
(b)	the sign is not constructed or installed on a heritage item or draft heritage item (within the meaning of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008), in a heritage conservation area or in a draft heritage conservation area (within the meaning of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008), and
(c)	there is only one sign displayed on each street frontage, and
(d)	the sign has an area of not more than 0.75m2 (for a sign located in a residential zone) or not more than 2.5m2 (for a sign located in any other

zone), and

(e)

the sign is not more than 3m above ground level (existing), and

(f)

the sign does not include any advertising of goods, products or services, and

(g)

in the case of a sign that is illuminated:

(i)	its means of illumination, including any associated cables, are concealed or integrated within the frame of the sign, and
(ii)	it is not animated, flashing or moving, and

(iii) it complies with AS 4282—1997, Control of the obtrusive effects of outdoor lighting, and

(h)

in the case of a sign on a building on land that is within a residential, rural or environment protection zone, or is within 50m of and facing toward land that is within one of those zones and that is illuminated, it is only illuminated:

(i)	if the hours of operation of the business identified on the sign have been approved—during those hours, or
(ii)	if the hours of operation of the business identified on the sign have not been approved—between 7.00 am and 10.00 pm on any day.

[16]      Schedule 5 Environmental heritage

Insert the following in appropriate order in Part 1, under the headings “Locality”, “Item name”, “Address”, “Property description”, “Significance” and “Item No”, respectively:

Bullatale McLaurin Cemetery Millewa Road Within Murray Valley Local I65

National Park

Moama Perricoota Wool Shed Perricoota Road Lot 1, DP 521201 Local I66

[17]      Schedule 5, Part 1

Omit “Lot 3, Section 65, DP 758686” from the matter relating to item no I43.

Insert instead “Lot 3, Section 65, DP 758656”.

[18]      Schedule 5, Part 1

Omit “Lot 4, DP 1100188” from the matter relating to item no I63.

Insert instead “Lot 2, DP 756272”.

[19]      Schedule 5, Part 1

Omit “(former gaol and police station)” from the matter relating to item no I8.

[20]      Schedule 5, Part 1

Omit “Lot 3, Section 29, DP 758686” from the matter relating to item no I4.

Insert instead “Lot 1, DP 514180”.

[21]      Schedule 5, Part 1

Omit the matter relating to item no I24.