Muswellbrook Local Environmental Plan 2009 (Amendment No 9) (2021-364) LW 2 July 2021 (NSW)

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New South Wales

Muswellbrook Local Environmental Plan

2009 (Amendment No 9)

under the

Environmental Planning and Assessment Act 1979

The following local environmental plan is made by the local plan-making authority under the

Environmental Planning and Assessment Act 1979.

DANIEL SIMPKINS

As delegate for the Minister for Planning and Public Spaces

Muswellbrook Local Environmental Plan 2009 (Amendment No 9) [NSW]

Muswellbrook Local Environmental Plan 2009 (Amendment No 9)

under the

Environmental Planning and Assessment Act 1979

1      Name of Plan

This Plan is Muswellbrook Local Environmental Plan 2009 (Amendment No 9).

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 Lots 101 and 103, DP 1170190, Ironbark Road, Muswellbrook.

4      Maps

The maps adopted by Muswellbrook Local Environmental Plan 2009 are amended or replaced, as the case requires, by the maps approved by the local plan-making authority on the making of this Plan.

Muswellbrook Local Environmental Plan 2009 (Amendment No 9) [NSW]

Schedule 1 Amendment of Muswellbrook Local Environmental Plan 2009

Schedule 1

Amendment of Muswellbrook Local

Environmental Plan 2009

[1]      Clause 4.1A

Insert after clause 4.1AA—

4.1A

Exception to minimum subdivision lot size for biodiversity conservation

(1)

The objective of this clause is to provide flexibility in the application of standards for the subdivision of certain land for the purpose of long-term biodiversity conservation management.

(2)

This clause applies to land identified as “Ironbark Ridge” on the Key Sites

Map.

(3)

Despite any other provision of this Plan, development consent may be granted to the subdivision of land to which this clause applies to create a lot that is less than the minimum size shown on the Lot Size Map in relation to the land if the consent authority is satisfied—

(a)

the subdivision will facilitate long-term biodiversity conservation management across the resulting lots, and

(b)

suitable arrangements have been, or will be, made for the long-term protection, conservation and management of the land, and

(c)

the subdivision will not create the opportunity for additional dwellings on any of the resulting lots.

[2]      Dictionary

Insert in alphabetical order—

Key Sites Map means the Muswellbrook Local Environmental Plan 2009 Key

Sites Map.

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