Oberon Local Environmental Plan 2013 (Amendment No 4) (2016-249) LW 13 May 2016 (NSW)

New South Wales

Oberon Local Environmental Plan 2013

(Amendment No 4)

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.

GARY WALLACE, ACTING GENERAL MANAGER, OBERON COUNCIL

As delegate for the Minister for Planning

Oberon Local Environmental Plan 2013 (Amendment No 4)

under the

Environmental Planning and Assessment Act 1979

1      Name of Plan

This Plan is Oberon Local Environmental Plan 2013 (Amendment No 4).

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 RU3 Forestry, Zone R5 Large Lot Residential and Zone E1 National Parks and Nature Reserves under Oberon Local Environmental Plan 2013.

Schedule 1

Amendment of Oberon Local Environmental Plan

2013

Clause 4.2C

Insert after clause 4.2B:

4.2C

Boundary changes between lots in certain rural and residential zones

(1)	The objective of this clause is to permit the boundary between 2 or more lots to be altered in certain circumstances, to give landowners a greater opportunity to achieve the objectives of a zone.
(2)	This clause applies to land in any of the following zones:

(a)	Zone RU1 Primary Production,
(b)	Zone RU3 Forestry,
(c)	Zone R5 Large Lot Residential,
(d)	Zone E1 National Parks and Nature Reserves.

(3)

Despite clause 4.1 (3), development consent may be granted to the subdivision of 2 or more adjoining lots, being land to which this clause applies, if the subdivision will not result in:

(a)	an increase in the number of lots, or
(b)	an increase in the number of dwellings or dual occupancies on, or dwellings or dual occupancies that may be erected on, any of the lots.

(4)

Before determining a development application for the subdivision of land

under this clause, the consent authority must consider the following:

(a)	the existing uses and approved uses of other land in the vicinity of the subdivision,
(b)	whether or not the subdivision is likely to have a significant impact on land uses that are likely to be preferred and the predominant land uses in the vicinity of the development,
(c)	whether or not the subdivision is likely to be incompatible with a use referred to in paragraph (a) or (b),
(d)	whether or not the subdivision is likely to be incompatible with a use on land in any adjoining zone,
(e)	any measures proposed by the applicant to avoid or minimise any incompatibility referred to in paragraph (c) or (d),
(f)	whether or not the subdivision is appropriate having regard to the natural and physical constraints affecting the land,
(g)	whether or not the subdivision is likely to have an adverse impact on the environmental values or agricultural viability of the land.

(5)

This clause does not apply:

(a)	in relation to the subdivision of individual lots in a strata plan or a community title scheme, or
(b)	if the subdivision would create a lot that could itself be subdivided in accordance with clause 4.1.