Queanbeyan Local Environmental Plan (South Tralee) 2012 (Amendment No 2) (2016-61) LW 5 February 2016 (NSW)

New South Wales

Queanbeyan Local Environmental Plan (South Tralee) 2012 (Amendment No 2)

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.

DAVID CARSWELL, EXECUTIVE MANAGER, STRATEGIC LAND USE PLANNING,

QUEANBEYAN CITY COUNCIL

As delegate for the Minister for Planning

Queanbeyan Local Environmental Plan (South Tralee) 2012

(Amendment No 2)

under the

Environmental Planning and Assessment Act 1979

1      Name of Plan

This Plan is Queanbeyan Local Environmental Plan (South Tralee) 2012

(Amendment No 2).

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 certain land at Tralee.

4      Maps

The maps adopted by Queanbeyan Local Environmental Plan (South Tralee) 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 (South Tralee) 2012

Clause 7.5

Omit the clause. Insert instead:

7.5	Land in the vicinity of proposed arterial roads
(1) The objectives of this clause are as follows:

(a)	to minimise any visual or acoustic impacts on development proposed in the vicinity of the land to which this clause applies,
(b)	to ensure that development proposed in the vicinity of that land will not compromise, restrict or otherwise prevent the future use of that land as an arterial road.

(2)

This clause applies to the land identified as “Arterial Road Area” on the Local

Clauses Map.

(3)

Despite any other provision of this Plan, development consent must not be granted for development within 30 metres of the land to which this clause applies unless the consent authority has considered the following:

(a)	the impact of noise, vibrations and other emissions on the development from any construction associated with an arterial road and from its ongoing use as an arterial road,
(b)	if the development is a subdivision, whether the development would prejudice or otherwise restrict the construction or operation of an arterial road (including the provision of any public utility infrastructure).

(4)

Subclause (3) does not apply to development within 30 metres of the land to which this clause applies if the consent authority is satisfied that the development will not be situated within 30 metres of an existing or proposed arterial road.