Queanbeyan Local Environmental Plan 2012 (Amendment No 4) (2015-680) LW 6 November 2015 (NSW)

New South Wales

Queanbeyan Local Environmental Plan 2012

(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.

PETER TEGART, GENERAL MANAGER, QUEANBEYAN CITY COUNCIL

As delegate for the Minister for Planning

Queanbeyan Local Environmental Plan 2012 (Amendment No 4)

under the

Environmental Planning and Assessment Act 1979

1      Name of Plan

This Plan is Queanbeyan Local Environmental Plan 2012 (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 the following land:

(a)	land within 200 metres of land in Zone B2 Local Centre under Queanbeyan Local Environmental Plan 2012,
(b)	land identified as “Additional Development Area” on the Googong Map under that Plan.

4      Maps

The maps adopted by Queanbeyan Local Environmental Plan 2012 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 Queanbeyan Local Environmental

Plan 2012

[1]      Clause 4.1D Variation to minimum lot size

Omit clause 4.1D (3). Insert instead:

(3)

Despite clauses 4.1, 4.1AA and 4.1A, development consent may be granted for

the subdivision of land to which this clause applies if:

(a)	there will be at least 4 lots resulting from the subdivision, and
(b)	the minimum lot size of each lot resulting from the subdivision is 130 square metres, and
(c)	the development application for the subdivision includes a dwelling design for each lot.

[2]      Schedule 1 Additional permitted uses

Insert after clause 5:

5A Use of certain land at Googong for studio dwellings

(1)

This clause applies to land to which clause 4.1D applies.

(2)

Development consent may be granted to a single development application for

development on land to which this clause applies that is both:

(a)	the subdivision of land in accordance with subclause 4.1D (3), and
(b)	the erection of a studio dwelling on a lot resulting from the subdivision.

(3)

Development consent must not be granted under this clause if:

(a)	the ratio of studio dwellings to lots resulting from the subdivision is greater than 1:3, and
(b)	the dwelling in conjunction with which the studio dwelling is to be established is located on a lot that has an area of less than 225 m2.

[3]      Dictionary

Insert after paragraph (m) of the definition of residential accommodation:

(n) studio dwellings,

[4]      Dictionary, definition of “semi-detached dwelling”

Insert “, but does not include a studio dwelling” after “one other dwelling”.

[5]      Dictionary, definition of “studio dwelling”

Insert in alphabetical order:

studio dwelling means a dwelling that:

(a)	is established in conjunction with another dwelling (the principal dwelling), and
(b)	is on its own lot of land, and
(c)	is erected above a garage that is on the same lot of land as the principal dwelling, whether the garage is attached to, or is separate from, the principal dwelling,

but does not include a semi-detached dwelling.

Note. Studio dwellings are a type of residential accommodation—see the definition of that term in this Dictionary.