Shoalhaven Local Environmental Plan 2014 (Amendment No 22) (2019-99) LW 22 February 2019 (NSW)

New South Wales

Shoalhaven Local Environmental Plan 2014

(Amendment No 22)

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.

GORDON CLARK, STRATEGIC PLANNING MANAGER,

SHOALHAVEN CITY COUNCIL

As delegate for the local plan-making authority

Shoalhaven Local Environmental Plan 2014 (Amendment No 22) [NSW]

Shoalhaven Local Environmental Plan 2014 (Amendment No 22)

under the

Environmental Planning and Assessment Act 1979

1      Name of Plan

This Plan is Shoalhaven Local Environmental Plan 2014 (Amendment No 22).

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 Shoalhaven Local Environmental Plan 2014 applies.

Shoalhaven Local Environmental Plan 2014 (Amendment No 22) [NSW] Schedule 1 Amendment of Shoalhaven Local Environmental Plan 2014

Schedule 1

Amendment of Shoalhaven Local Environmental

Plan 2014

[1]      Clause 4.1E Minimum lot size for certain split zone lots

Omit “that is identified as “Flood Planning Area” on the Flood Planning Area Map” from the definition of flood prone land in clause 4.1E (8).

Insert instead “at or below the flood planning level”.

[2]      Clause 7.2A

Insert after clause 7.2:

7.2A

Stock mounds

(1) The objective of this clause is to ensure that earthworks for stock mounds will not have a detrimental impact on environmental functions and processes on land at or below the flood planning level or affected by acid sulfate soils. (2) This clause applies to land in Zone RU1 Primary Production or Zone RU2 Rural Landscape. (3) Despite any other provision of this Plan, development consent is required for earthworks for the purposes of a stock mound on land to which this clause applies if:

(a)	the land is at or below the flood planning level, or
(b)	the land is identified as Class 1, Class 2, Class 3 or Class 4 on the Acid Sulfate Soils Map and development consent is not otherwise required for the earthworks under clause 7.1.

(4)

In this clause, stock mound means a raised area greater than 100 square metres

for stock to move to during a flood event.

[3]      Clause 7.3 Flood planning

Omit clause 7.3 (2). Insert instead:

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

[4]      Clause 7.3 (4)

Omit “clause” where secondly occurring. Insert instead “Plan”.

[5]      Clause 7.3 (5)

Omit the subclause.

[6]      Dictionary

Omit the definition of Flood Planning Area Map.

[7]      Dictionary

Insert in alphabetical order:

flood planning level means the level of a 1:100 ARI (average recurrent

interval) flood event plus 0.5 metre freeboard.