Orange Local Environmental Plan 2011 (Amendment No 24) (2021-96) LW 5 March 2021 (NSW)

New South Wales

Orange Local Environmental Plan 2011

(Amendment No 24)

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.

GARRY HOPKINS

As delegate for the Minister for Planning and Public Spaces

Orange Local Environmental Plan 2011 (Amendment No 24) [NSW]

Orange Local Environmental Plan 2011 (Amendment No 24)

under the

Environmental Planning and Assessment Act 1979

1      Name of Plan

This Plan is Orange Local Environmental Plan 2011 (Amendment No 24).

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 the land to which Orange Local Environmental Plan 2011 applies.

4      Maps

The maps adopted by Orange Local Environment Plan 2011 are amended or replaced, as the case requires, by the maps approved by the local plan-making authority on the making of this Plan.

Orange Local Environmental Plan 2011 (Amendment No 24) [NSW]

Schedule 1 Amendment of Orange Local Environmental Plan 2011

Schedule 1

Amendment of Orange Local Environmental Plan

2011

[1]      Land Use Table

Insert “Dual occupancies;” in alphabetical order in item 3 of Zone RU1 Primary

Production.

[2]      Land Use Table, Zones RU5, R1 and R2

Insert “Bee keeping;” in alphabetical order in item 3.

[3]      Land Use Table, Zone R2 Low Density Residential, item 3

Insert “Secondary dwellings;” in alphabetical order.

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

Insert “Extensive agriculture;” in alphabetical order.

[5]      Land Use Table, Zone E3 Environmental Management, item 3

Omit “Dual occupancies (attached);”. Insert “Dual occupancies;” in alphabetical order‘.

[6]      Clause 4.1C Exceptions to minimum lot sizes for certain residential development

Omit “or multi dwelling housing” from clause 4.1C(2)(b)(ii).

[7]      Clause 4.1D

Insert after clause 4.1C—

4.1D	Minimum lot sizes for certain split zones
(1) The objectives of this clause are—

(a)	to provide for the subdivision of lots that are within more than 1 zone but cannot be subdivided under clause 4.1, and
(b)	to ensure that subdivision occurs in a manner that promotes suitable land use and development.

(2)

This clause applies to each lot (an original lot) that comprises land in more

than 1 zone.

(3)

Despite clause 4.1, development consent may be granted to subdivide an

original lot to create other lots (the resulting lots) if—

(a)	one of the resulting lots comprises all of the land in the original lot that is not in a relevant zone, and
(b)	each other resulting lot comprises only land in 1 relevant zone.

(4)

The resulting lot specified in subclause (3)(a) may be smaller than the

minimum lot size for the land as shown on the Lot Size Map.

(5)

A resulting lot specified in subclause (3)(b) must not be—

(a)	subject to more than 1 minimum lot size as shown on the Lot Size Map, or
(b)	smaller than the minimum lot size for the land as shown on the Lot Size Map.

(6)

Development consent must not be granted for the erection of a dwelling house

on the resulting lot specified in subclause (3)(a).

Orange Local Environmental Plan 2011 (Amendment No 24) [NSW]

Schedule 1 Amendment of Orange Local Environmental Plan 2011

(7)

In this clause—

relevant zone means Zone RU5 Village, Zone R1 General Residential, Zone

R2 Low Density Residential, Zone R3 Medium Density Residential and Zone

R5 Large Lot Residential.

[8]      Clause 4.2C

Insert after clause 4.2B—

4.2C	Subdivision in Zone E3 Environmental Management
(1) This clause applies to land in Zone E3 Environmental Management. (2) Land to which this clause applies may, with development consent, be subdivided—

(a)

for the following purposes—

(i)	extensive agriculture,
(ii)	intensive plant agriculture,

(iii) aquaculture, and

(b)

to create a lot of a size that is less than the minimum size shown on the Lot Size Map in relation to that land.

(3)

Development consent must not be granted if, as the result of the subdivision,

an existing dwelling would be situated on a resulting lot.

(4)

A dwelling cannot be erected on a resulting lot.

[9]      Clause 7.2 Flood planning

Omit clause 7.2(2). Insert instead—

(2) This clause applies to land at or below the flood planning level.

[10]      Clause 7.2(4)

Omit “Floodplain Development Manual (ISBN 0 7347 5476 0), published by the NSW

Government in April 2005, unless it is otherwise defined in this clause”.

Insert instead “Floodplain Development Manual, unless it is otherwise defined in this

Plan”.

[11]      Clause 7.2(5)

Omit the subclause.

[12]      Clause 7.2A

Insert after clause 7.2—

7.2A	Floodplain risk management
(1) The objectives of this clause are as follows—

(a)	to enable evacuation of land subject to flooding in events exceeding the flood planning level,
(b)	to protect the operational capacity of emergency response facilities and critical infrastructure during extreme flood events.

(2) This clause applies to land between the flood planning level and the level of the probable maximum flood, but does not apply to land at or below the flood planning level.

Orange Local Environmental Plan 2011 (Amendment No 24) [NSW]

Schedule 1 Amendment of Orange Local Environmental Plan 2011

(3)

Development consent must not be granted to development for the following purposes on land to which this clause applies unless the consent authority is satisfied that the development will not, in flood events exceeding the flood planning level, affect the safe occupation of, and evacuation from, the land—

(a)	amusement centres,
(b)	camping grounds,
(c)	caravan parks,
(d)	centre-based child care facilities,
(e)	commercial premises,
(f)	community facilities,
(g)	correctional centres,
(h)	eco-tourist facilities,
(i)	educational establishments,
(j)	emergency services facilities,
(k)	entertainment facilities,
(l)	extractive industries,
(m)	function centres,
(n)	health services facilities,
(o)	industries,
(p)	open cut mining,
(q)	places of public worship,
(r)	residential accommodation,
(s)	respite day care centres,
(t)	tourist and visitor accommodation,
(u)	waste or resource management facilities.

(4)

In this clause—

probable maximum flood has the same meaning as in the Floodplain

Development Manual.

Note. The probable maximum flood is the largest flood that could conceivably occur at

a particular location, usually estimated from probable maximum precipitation.

[13]      Schedule 1 Additional permitted uses

Omit clause 1(1). Insert instead—

(1) This clause applies to land at 426 Molong Road (Mitchell Highway West), Orange, being Lot 209, DP 1018862, identified as item 1 on the Additional Permitted Uses Map.

[14]      Schedule 1, clause 2

Omit subclause (1). Insert instead—

(1)

This clause applies to land at 2 Hanrahan Place, Orange, being Lot 87, DP

1167633, identified as item 2 on the Additional Permitted Uses Map.

[15]      Schedule 1, clauses 3 and 4

Insert at the end of the schedule—

Orange Local Environmental Plan 2011 (Amendment No 24) [NSW]

Schedule 1 Amendment of Orange Local Environmental Plan 2011

3      Restaurants and cafes in Zone R1 General Residential

(1)

This clause applies to the land in Zone R1 General Residential.

(2)

Development for the purposes of a restaurant or cafe is permitted with

development consent if—

(a)

the gross floor area of the restaurant or cafe is not greater than 100m2, and

(b)

the development does not include—

(i)	a drive-through service, or
(ii)	more than 1 business identification sign, or

(iii) a business identification sign that is illuminated or animated, and

(c)

any outdoor seating area is located forward of the front building line, and

(d)

the restaurant or cafe operates only between—

(i)      8am and 10pm Monday to Friday, and

(ii)      8am and 3pm on Saturdays and public holidays, other than a public holiday on a Sunday.

(3)

In this clause—

drive-through service means a service to enable customers to purchase food

or drink from the cafe or restaurant while seated in a motor vehicle at the point

of purchase.

4      Use of certain land at 120 Calton Road, Orange

(1)

This clause applies to the following land in Orange, identified as item 3 on the

Additional Permitted Uses Map—

(a)	120 Calton Road, being Lot 41, DP 979808,
(b)	part of 88 Malabar Road, being Lots 1 and 2, DP 1085790.

(2)

Development for the purposes of 1 single dwelling house is permitted, on all

the land to which this clause applies, with development consent.

(3)

This clause does not apply to a development application lodged more than 2 years after the commencement of Orange Local Environmental Plan 2011

(Amendment No 24).

[16]      Schedule 5, Part 1

Omit items I254, I308, I158, I159, I58, I138, I309 and I292 in Part 1.

Insert in appropriate order—

Orange “Former 291 Anson Lot 502, DP Local I366

Ambulance	Street	1249083
Station”

Orange	Dwelling	101–105	Lot 3, DP	Local	I138
Burrendong	1233201
Way
Orange	Dwelling	26 Caroline	Lot 13, DP	Local	I268
Street	16510

Orange Local Environmental Plan 2011 (Amendment No 24) [NSW]

Schedule 1 Amendment of Orange Local Environmental Plan 2011

Orange	Canobolas	390 Clergate	Lot 2, DP	Local	I309
Wool	Road and 463	1226372, Lot
Topmaking	Leeds Parade	1, DP 1226372
building	and Lot 4, DP47259
Orange	Dwelling	170–174	Lots A, B and	Local	I110
Moulder Street	C, DP 152958
Orange	Geolyse	154 Peisley	Lot 200, DP	Local	I365
building	Street	1231431
Orange	“Anson	107 Prince	Lot 100, DP	Local	I254
cottages”	Street	1195304
Orange	CSR	Racecourse	Lot 1, DP	State	I58
Readymix site	Road	271090
(Bluestone quarry)
Orange	Shop	282-284	Lot 24, DP	Local	I158
Summer Street	587326
Orange	Gallagher	286–294	Lot 22, DP	Local	I159
building	Summer Street	589346, Lot 20, DP 590691 and Lot 18, DP 590461
Orange	“Emmaville”	34 Telopea	Lot 31, DP	Local	I308
Way	1215943
Spring Creek	“Failford”	19 Failford	Lot 2, DP	Local	I292
homestead	Lane	1172201

[17]      Schedule 5, Part 1, item I303

Omit “Lot 2, Section 2, DP 758921”. Insert instead “Lot 3, Section 2, DP 758921”.

[18]      Schedule 5, Part 1, item I75

Insert “Section 5,” after “Lots 3 and 4,”.

[19]      Dictionary

Insert in alphabetical order—

Additional Permitted Uses Map means the Orange Local Environmental Plan 2011

Additional Permitted Uses Map.

flood planning level means the level of a 1% AEP (annual exceedance probability) flood

event plus 0.5 metre freeboard, or other freeboard determined by an adopted floodplain risk

management plan adopted by the Council.

Floodplain Development Manual means the Floodplain Development Manual (ISBN 0

7347 5476 0) published by the NSW Government in April 2005.