Shoalhaven Local Environmental Plan 1985 (Amendment No 191) (2011-552) LW 21 October 2011 (NSW)

2011 No 552

New South Wales

Shoalhaven Local Environmental Plan

1985 (Amendment No 191)

under the

Environmental Planning and Assessment Act 1979

I, the Minister for Planning and Infrastructure, make the following local environmental plan under the Environmental Planning and Assessment Act 1979.

TOM GELLIBRAND

As delegate for the Minister for Planning and Infrastructure

Published LW 21 October 2011	Page 1
2011 No 552

Clause 1 Shoalhaven Local Environmental Plan 1985 (Amendment No 191)

Shoalhaven Local Environmental Plan 1985

(Amendment No 191)

under the

Environmental Planning and Assessment Act 1979

1      Name of Plan

This Plan is Shoalhaven Local Environmental Plan 1985 (Amendment

No 191).

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 part of Lot 29, DP 874275, Seascape Close, Narrawallee, as shown distinctively coloured and identified as “2 (a1)” and “7 (d2)” on the map marked “Shoalhaven Local Environmental Plan 1985 (Amendment No 191)” deposited in the office of Shoalhaven City Council.

2011 No 552

Shoalhaven Local Environmental Plan 1985 (Amendment No 191)

Amendment of Shoalhaven Local Environmental Plan 1985 Schedule 1

Schedule 1

Amendment of Shoalhaven Local

Environmental Plan 1985

[1]      Clause 6 Interpretation

Insert in appropriate order in the definition of the map in clause 6 (1):

Shoalhaven Local Environmental Plan 1985 (Amendment

No 191)

[2]      Clause 40N

Insert after clause 40M:

40N Development of land—Seascape Close, Narrawallee

(1)

This clause applies to part of Lot 29, DP 874275, Seascape Close, Narrawallee, as shown distinctively coloured and identified as “2 (a1)” and “7 (d2)” on the map marked “Shoalhaven Local Environmental Plan 1985 (Amendment No 191)”.

(2)

Consent must not be granted to the subdivision or other

development of land to which this clause applies unless:

(a)	the Council has considered a plan of management for the land showing how bush fire management issues are addressed by the design of any proposed subdivision, and will be addressed in carrying out development on the lots to be created by the proposed subdivision or in carrying out other development, and
(b)	the Council has considered a landscape plan of management for the land that is of a standard satisfactory to the Council, showing how the visual quality of the land is to be protected through the retention of existing vegetation, and
(c)	the Council is satisfied that issues relating to visual quality, drainage control, building bulk and scale, threatened species and habitat and control of erosion are adequately addressed and provided for in the development proposal, and
(d)	any buildings to be erected on the land within Zone No 2 (a1) above the 35 metre contour will be no higher than 8.5 metres above natural ground level, and

2011 No 552

Shoalhaven Local Environmental Plan 1985 (Amendment No 191)

Schedule 1 Amendment of Shoalhaven Local Environmental Plan 1985

(e)	a road suitable to protect the land within Zone No 2 (a1) from bush fires will be located on the western edge of the land within Zone No 2 (a1), and
(f)	each lot on which a dwelling-house is to be erected will have an adequate area within Zone No 2 (a1) for the dwelling-house and for ancillary development, including vehicular access to the dwelling-house and works for water quality control and drainage.

(3)

Land to which this clause applies may be subdivided with

development consent:

(a)	to create one lot that is comprised partly of land on which a dwelling-house will be able to be erected within Zone No 2 (a1) and all of the land within Zone No 7 (d2) that is situated to the west of the land within Zone No 2 (a1), but only if the Council is satisfied that adequate measures will be taken to preserve vegetation on the land within Zone No 7 (d2), and
(b)	to create other lots within Zone No 2 (a1) that are of a size that will enable the erection of a single dwelling-house on each lot.

(4)

Except as provided by subclause (3), the land within Zone

No 7 (d2) to which this clause applies may not be subdivided.