Queanbeyan Local Environmental Plan (South Tralee) 2012 (Amendment No 3) (2019-155) LW 29 March 2019 (NSW)

New South Wales

Queanbeyan Local Environmental Plan (South Tralee) 2012 (Amendment No 3)

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.

DAVID CARSWELL, SERVICE MANAGER, LAND USE PLANNING,

QUEANBEYAN PALERANG REGIONAL COUNCIL

As delegate for the local plan-making authority

Queanbeyan Local Environmental Plan (South Tralee) 2012 (Amendment No 3) [NSW]

Queanbeyan Local Environmental Plan (South Tralee) 2012

(Amendment No 3)

under the

Environmental Planning and Assessment Act 1979

1      Name of Plan

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

(Amendment No 3).

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 Queanbeyan Local Environmental Plan (South

Tralee) 2012 applies.

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 local plan-making authority on the making of this Plan.

5      Maps under Queanbeyan Local Environmental Plan 2012

The maps adopted by Queanbeyan Local Environmental Plan 2012 are amended or replaced, as the case requires, by the maps approved by the local plan-making authority on the making of this Plan.

Queanbeyan Local Environmental Plan (South Tralee) 2012 (Amendment No 3) [NSW]

Schedule 1 Amendment of Queanbeyan Local Environmental Plan (South Tralee) 2012

Schedule 1

Amendment of Queanbeyan Local Environmental

Plan (South Tralee) 2012

[1]      Clause 1.1 Name of Plan

Omit “(South Tralee)”. Insert instead “(South Jerrabomberra)”.

[2]      Clauses 1.2 (1), (2) (b) and (c) and 5.10 (1) (a)

Omit “South Tralee” wherever occurring. Insert instead “South Jerrabomberra”.

[3]      Clause 1.2 (2) (a)

Omit “to rezone certain land at South Tralee”.

[4]      Clause 1.2 (2) (a)

Insert “within South Jerrabomberra” after “urban development”.

[5]      Clause 1.2 (2) (g)

Insert after clause 1.2 (2) (f):

(g) to ensure development does not exceed the capacity of infrastructure to service the land.

[6]      Clause 2.1 Land Use Zones

Omit “R1 General Residential”. Insert instead “R2 Low Density Residential”.

[7]      Land Use Table

Omit the matter relating to Zone R1 General Residential.

[8]      Land Use Table, Zone R2

Insert in appropriate order in the Land Use Table:

Zone R2 Low Density Residential

1      Objectives of zone

• To provide for the housing needs of the community within a low density residential environment.

• To enable other land uses that provide facilities or services to meet the day to day needs of residents.

• To ensure that infrastructure can adequately service proposed residential development in the area.

2      Permitted without consent

Home occupations

3      Permitted with consent

Attached dwellings; Bed and breakfast accommodation; Boarding houses; Building identification signs; Business identification signs; Caravan parks; Centre-based child care facilities; Community facilities; Dwelling houses; Environmental facilities; Environmental protection works; Exhibition homes; Exhibition villages; Flood mitigation works; Group homes; Health consulting rooms; Home businesses; Home industries; Information and education facilities; Jetties; Moorings; Neighbourhood shops; Places of public worship; Recreation areas; Recreation facilities (indoor); Recreation facilities

Queanbeyan Local Environmental Plan (South Tralee) 2012 (Amendment No 3) [NSW]

Schedule 1 Amendment of Queanbeyan Local Environmental Plan (South Tralee) 2012

(outdoor); Respite day care centres; Roads; Secondary dwellings; Semi-detached dwellings; Seniors housing; Water recreation structures; Water reticulation systems

4      Prohibited

Any development not specified in item 2 or 3

[9]      Clause 4.1A Exceptions to minimum subdivision lot size

Omit the clause.

[10]      Clause 7.6

Insert after clause 7.5:

7.6 Riparian land and watercourses

(1)

The objective of this clause is to protect and maintain the following:

(a)	water quality within watercourses,
(b)	the stability of the bed and banks of watercourses,
(c)	aquatic and riparian habitats,
(d)	ecological processes within watercourses and riparian areas.

(2)

This clause applies to all of the following:

(a)	land identified as “Riparian land” on the Riparian Lands and Watercourses Map,
(b)	land identified as “Watercourse” on that map,
(c)	all land that is within 40 metres of the top of the bank of each watercourse on land identified as “Watercourse” on that map.

(3)

In deciding whether to grant development consent for development on land to

which this clause applies, the consent authority must consider:

(a) whether or not the development is likely to have any adverse impact on the following:

(i)      the water quality and flows within the watercourse,

(ii)      aquatic and riparian species, habitats and ecosystems of the watercourse,

(iii)      the stability of the bed and banks of the watercourse,

(iv)      the free passage of fish and other aquatic organisms within or along the watercourse,

(v)      any future rehabilitation of the watercourse and riparian areas, and

(b)	whether or not the development is likely to increase water extraction from the watercourse, and
(c)	any appropriate measures proposed to avoid, minimise or mitigate the impacts of the development.

(4)

Development consent must not be granted to development on land to which

this clause applies unless the consent authority is satisfied that:

(a)	the development is designed, sited and will be managed to avoid any significant adverse environmental impact, or
(b)	if that impact cannot be reasonably avoided—the development is designed, sited and will be managed to minimise that impact, or

Queanbeyan Local Environmental Plan (South Tralee) 2012 (Amendment No 3) [NSW]

Schedule 1 Amendment of Queanbeyan Local Environmental Plan (South Tralee) 2012

(c) if that impact cannot be minimised—the development will be managed to mitigate that impact.

[11]      Schedule 1 Additional permitted uses

Omit clause 2.

[12]      Dictionary

Omit “(South Tralee)” wherever occurring in the definitions of Floor Space Ratio Map,

Height of Buildings Map, Heritage Map, Land Application Map, Land Reservation Acquisition Map, Land Zoning Map, Local Clauses Map, Lot Size Map and Urban Release Area Map.

Insert instead “(South Jerrabomberra)”.

[13]      Dictionary

Insert in alphabetical order:

Riparian Lands and Watercourses Map means the Queanbeyan Local

Environmental Plan (South Jerrabomberra) 2012 Riparian Lands and

Watercourses Map.