State Environmental Planning Policy Amendment (Natural Disasters) 2021 (2021-302) LW 18 June 2021 (NSW)

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New South Wales

State Environmental Planning Policy Amendment (Natural Disasters) 2021

under the

Environmental Planning and Assessment Act 1979

Her Excellency the Governor, with the advice of the Executive Council, has made the following State environmental planning policy under the Environmental Planning and Assessment Act 1979.

ROB STOKES, MP

Minister for Planning and Public Spaces

State Environmental Planning Policy Amendment (Natural Disasters) 2021 [NSW]

State Environmental Planning Policy Amendment (Natural

Disasters) 2021

under the

Environmental Planning and Assessment Act 1979

1      Name of Policy

This Policy is State Environmental Planning Policy Amendment (Natural Disasters)

2021.

2      Commencement

This Policy commences on the day on which the Standard Instrument (Local

Environmental Plans) Amendment (Natural Disasters) Order 2021 commences and

is required to be published on the NSW legislation website.

3      Repeal of Policy

This Policy is repealed on the day following the day on which this Policy commences.

State Environmental Planning Policy Amendment (Natural Disasters) 2021 [NSW]

Schedule 1 Amendment of Local Environmental Plans

Schedule 1

Amendment of Local Environmental Plans

1.1

Bathurst Regional Local Environmental Plan 2014

Clause 5.9

Insert after clause 5.8—

5.9

Dwelling house or secondary dwelling affected by natural disaster

(1)

The objective of this clause is to enable the repair or replacement of lawfully erected dwelling houses and secondary dwellings that have been damaged or destroyed by a natural disaster.

(2)

This clause applies to land in the following zones—

(a)

RU1 Primary Production,

(b)

RU2 Rural Landscape,

(c)

RU4 Primary Production Small Lots.

(3)

Despite the other provisions of this Plan, development consent may be granted to development on land to which this clause applies to enable a dwelling house or secondary dwelling that has been damaged or destroyed by a natural disaster to be repaired or replaced if—

(a)

the dwelling house or secondary dwelling was lawfully erected, and

(b)

the development application seeking the development consent is made to the consent authority no later than 5 years after the day on which the natural disaster caused the damage or destruction.

1.2

Bega Valley Local Environmental Plan 2013

Clause 5.9

Insert after clause 5.8—

5.9

Dwelling house or secondary dwelling affected by natural disaster

(1)

The objective of this clause is to enable the repair or replacement of lawfully erected dwelling houses and secondary dwellings that have been damaged or destroyed by a natural disaster.

(2)

This clause applies to land in the following zones—

(a)

RU1 Primary Production,

(b)

RU2 Rural Landscape,

(c)

RU4 Primary Production Small Lots,

(d)

RU5 Village,

(e)

R2 Low Density Residential,

(f)

R3 Medium Density Residential,

(g)

R5 Large Lot Residential,

(h)

B4 Mixed Use,

(i)

E3 Environmental Management,

(j)

E4 Environmental Living.

(3)

Despite the other provisions of this Plan, development consent may be granted to development on land to which this clause applies to enable a dwelling house

State Environmental Planning Policy Amendment (Natural Disasters) 2021 [NSW]

Schedule 1 Amendment of Local Environmental Plans

or secondary dwelling that has been damaged or destroyed by a natural

disaster to be repaired or replaced if—

(a)

the dwelling house or secondary dwelling was lawfully erected, and

(b)

the development application seeking the development consent is made to the consent authority no later than 5 years after the day on which the natural disaster caused the damage or destruction.

1.3

Burwood Local Environmental Plan 2012

Clause 5.9

Insert after clause 5.8—

5.9

Dwelling house or secondary dwelling affected by natural disaster

(1)

The objective of this clause is to enable the repair or replacement of lawfully erected dwelling houses and secondary dwellings that have been damaged or destroyed by a natural disaster.

(2)

This clause applies to land in the following zones—

(a)

R1 General Residential,

(b)

R2 Low Density Residential,

(c)

R3 Medium Density Residential,

(d)

B1 Neighbourhood Centre,

(e)

B2 Local Centre,

(f)

B4 Mixed Use,

(g)

B6 Enterprise Corridor,

(h)

SP2 Infrastructure,

(i)

RE2 Private Recreation.

(3)

Despite the other provisions of this Plan, development consent may be granted to development on land to which this clause applies to enable a dwelling house or secondary dwelling that has been damaged or destroyed by a natural disaster to be repaired or replaced if—

(a)

the dwelling house or secondary dwelling was lawfully erected, and

(b)

the development application seeking the development consent is made to the consent authority no later than 5 years after the day on which the natural disaster caused the damage or destruction.

1.4

Cabonne Local Environmental Plan 2012

Clause 5.9

Insert after clause 5.8—

5.9

Dwelling house or secondary dwelling affected by natural disaster

(1)

The objective of this clause is to enable the repair or replacement of lawfully erected dwelling houses and secondary dwellings that have been damaged or destroyed by a natural disaster.

(2)

This clause applies to land in the following zones—

(a)

RU1 Primary Production,

(b)

RU2 Rural Landscape.

State Environmental Planning Policy Amendment (Natural Disasters) 2021 [NSW]

Schedule 1 Amendment of Local Environmental Plans

(3)

Despite the other provisions of this Plan, development consent may be granted to development on land to which this clause applies to enable a dwelling house or secondary dwelling that has been damaged or destroyed by a natural disaster to be repaired or replaced if—

(a)

the dwelling house or secondary dwelling was lawfully erected, and

(b)

the development application seeking the development consent is made to the consent authority no later than 5 years after the day on which the natural disaster caused the damage or destruction.

1.5

Cessnock Local Environmental Plan 2011

Clause 5.9

Insert after clause 5.8—

5.9

Dwelling house or secondary dwelling affected by natural disaster

(1)

The objective of this clause is to enable the repair or replacement of lawfully erected dwelling houses and secondary dwellings that have been damaged or destroyed by a natural disaster.

(2)

This clause applies to land in the following zones—

(a)

RU2 Rural Landscape,

(b)

RU4 Primary Production Small Lots,

(c)

E2 Environmental Conservation,

(d)

E3 Environmental Management,

(e)

E4 Environmental Living.

(3)

Despite the other provisions of this Plan, development consent may be granted to development on land to which this clause applies to enable a dwelling house or secondary dwelling that has been damaged or destroyed by a natural disaster to be repaired or replaced if—

(a)

the dwelling house or secondary dwelling was lawfully erected, and

(b)

the development application seeking the development consent is made to the consent authority no later than 5 years after the day on which the natural disaster caused the damage or destruction.

1.6

Clarence Valley Local Environmental Plan 2011

Clause 5.9

Insert after clause 5.8—

5.9

Dwelling house or secondary dwelling affected by natural disaster

(1)

The objective of this clause is to enable the repair or replacement of lawfully erected dwelling houses and secondary dwellings that have been damaged or destroyed by a natural disaster.

(2)

This clause applies to land in the following zones—

(a)

RU1 Primary Production,

(b)

RU2 Rural Landscape,

(c)

RU3 Forestry,

(d)

R5 Large Lot Residential,

(e)

E2 Environmental Conservation.

State Environmental Planning Policy Amendment (Natural Disasters) 2021 [NSW]

Schedule 1 Amendment of Local Environmental Plans

(3)

Despite the other provisions of this Plan, development consent may be granted to development on land to which this clause applies to enable a dwelling house or secondary dwelling that has been damaged or destroyed by a natural disaster to be repaired or replaced if—

(a)

the dwelling house or secondary dwelling was lawfully erected, and

(b)

the development application seeking the development consent is made to the consent authority no later than 5 years after the day on which the natural disaster caused the damage or destruction.

1.7

Coonamble Local Environmental Plan 2011

Clause 5.9

Insert after clause 5.8—

5.9

Dwelling house or secondary dwelling affected by natural disaster

(1)

The objective of this clause is to enable the repair or replacement of lawfully erected dwelling houses and secondary dwellings that have been damaged or destroyed by a natural disaster.

(2)

This clause applies to land in the following zones—

(a)

RU5 Village,

(b)

R1 General Residential,

(c)

R5 Large Lot Residential,

(d)

B2 Local Centre,

(e)

B6 Enterprise Corridor.

(3)

Despite the other provisions of this Plan, development consent may be granted to development on land to which this clause applies to enable a dwelling house or secondary dwelling that has been damaged or destroyed by a natural disaster to be repaired or replaced if—

(a)

the dwelling house or secondary dwelling was lawfully erected, and

(b)

the development application seeking the development consent is made to the consent authority no later than 5 years after the day on which the natural disaster caused the damage or destruction.

1.8

Gosford Local Environmental Plan 2014

Clause 5.9

Insert after clause 5.8—

5.9

Dwelling house or secondary dwelling affected by natural disaster

(1)

The objective of this clause is to enable the repair or replacement of lawfully erected dwelling houses and secondary dwellings that have been damaged or destroyed by a natural disaster.

(2)

This clause applies to land in the following zones—

(a)

RU1 Primary Production,

(b)

RU2 Rural Landscape,

(c)

RU3 Forestry,

(d)

RU5 Village,

(e)

R1 General Residential,

State Environmental Planning Policy Amendment (Natural Disasters) 2021 [NSW]

Schedule 1 Amendment of Local Environmental Plans

(f)

R2 Low Density Residential,

(g)

B1 Neighbourhood Centre,

(h)

B2 Local Centre,

(i)      B3 Commercial Core,

(j)

B4 Mixed Use,

(k)

B5 Business Development,

(l)

B6 Enterprise Corridor,

(m)

IN1 General Industrial,

(n)

IN4 Working Waterfront,

(o)

SP1 Special Activities,

(p)

SP2 Infrastructure,

(q)

RE1 Public Recreation,

(r)

RE2 Private Recreation,

(s)

E1 National Parks and Nature Reserves,

(t)

E2 Environmental Conservation,

(u)

E3 Environmental Management,

(v)      E4 Environmental Living,

(w)

W1 Natural Waterways,

(x)      W2 Recreational Waterways.

(3)

Despite the other provisions of this Plan, development consent may be granted to development on land to which this clause applies to enable a dwelling house or secondary dwelling that has been damaged or destroyed by a natural disaster to be repaired or replaced if—

(a)

the dwelling house or secondary dwelling was lawfully erected, and

(b)

the development application seeking the development consent is made to the consent authority no later than 5 years after the day on which the natural disaster caused the damage or destruction.

1.9

Goulburn Mulwaree Local Environmental Plan 2009

Clause 5.9

Insert after clause 5.8—

5.9

Dwelling house or secondary dwelling affected by natural disaster

(1)

The objective of this clause is to enable the repair or replacement of lawfully erected dwelling houses and secondary dwellings that have been damaged or destroyed by a natural disaster.

(2)

This clause applies to land in the following zones—

(a)

RU1 Primary Production,

(b)

RU2 Rural Landscape,

(c)

RU6 Transition,

(d)

B2 Local Centre,

(e)

B3 Commercial Core,

(f)

B4 Mixed Use,

State Environmental Planning Policy Amendment (Natural Disasters) 2021 [NSW]

Schedule 1 Amendment of Local Environmental Plans

(g)

B6 Enterprise Corridor,

(h)

IN1 General Industrial,

(i)      IN2 Light Industrial,

(j)

SP2 Infrastructure,

(k)

RE1 Public Recreation,

(l)

RE2 Private Recreation,

(m)

E2 Environmental Conservation,

(n)

E3 Environmental Management.

(3)

Despite the other provisions of this Plan, development consent may be granted to development on land to which this clause applies to enable a dwelling house or secondary dwelling that has been damaged or destroyed by a natural disaster to be repaired or replaced if—

(a)

the dwelling house or secondary dwelling was lawfully erected, and

(b)

the development application seeking the development consent is made to the consent authority no later than 5 years after the day on which the natural disaster caused the damage or destruction.

1.10 Gunnedah Local Environmental Plan 2012

Clause 5.9

Insert after clause 5.8—

5.9

Dwelling house or secondary dwelling affected by natural disaster

(1)

The objective of this clause is to enable the repair or replacement of lawfully erected dwelling houses and secondary dwellings that have been damaged or destroyed by a natural disaster.

(2)

This clause applies to land in the following zones—

(a)

RU1 Primary Production,

(b)

RU3 Forestry,

(c)

RU4 Primary Production Small Lots,

(d)

RU6 Transition,

(e)

B2 Local Centre,

(f)

B4 Mixed Use,

(g)

B5 Business Development,

(h)

IN1 General Industrial,

(i)      SP2 Infrastructure,

(j)

E1 National Parks and Nature Reserves,

(k)

E3 Environmental Management.

(3)

Despite the other provisions of this Plan, development consent may be granted to development on land to which this clause applies to enable a dwelling house or secondary dwelling that has been damaged or destroyed by a natural disaster to be repaired or replaced if—

(a)

the dwelling house or secondary dwelling was lawfully erected, and

(b)

the development application seeking the development consent is made to the consent authority no later than 5 years after the day on which the natural disaster caused the damage or destruction.

State Environmental Planning Policy Amendment (Natural Disasters) 2021 [NSW]

Schedule 1 Amendment of Local Environmental Plans

1.11 Hornsby Local Environmental Plan 2013

Clause 5.9

Insert after clause 5.8—

5.9

Dwelling house or secondary dwelling affected by natural disaster

(1)

The objective of this clause is to enable the repair or replacement of lawfully erected dwelling houses and secondary dwellings that have been damaged or destroyed by a natural disaster.

(2)

This clause applies to land in the following zones—

(a)

RU1 Primary Production,

(b)

RU2 Rural Landscape,

(c)

RU4 Primary Production Small Lots,

(d)

RU5 Village,

(e)

R2 Low Density Residential,

(f)

R3 Medium Density Residential,

(g)

R4 High Density Residential,

(h)

SP3 Tourist,

(i)      E3 Environmental Management,

(j)

E4 Environmental Living.

(3)

Despite the other provisions of this Plan, development consent may be granted to development on land to which this clause applies to enable a dwelling house or secondary dwelling that has been damaged or destroyed by a natural disaster to be repaired or replaced if—

(a)

the dwelling house or secondary dwelling was lawfully erected, and

(b)

the development application seeking the development consent is made to the consent authority no later than 5 years after the day on which the natural disaster caused the damage or destruction.

1.12 Inverell Local Environmental Plan 2012

Clause 5.9

Insert after clause 5.8—

5.9

Dwelling house or secondary dwelling affected by natural disaster

(1)

The objective of this clause is to enable the repair or replacement of lawfully erected dwelling houses and secondary dwellings that have been damaged or destroyed by a natural disaster.

(2)

This clause applies to land in the following zones—

(a)

RU1 Primary Production,

(b)

RU5 Village,

(c)

R1 General Residential,

(d)

R5 Large Lot Residential,

(e)

B1 Neighbourhood Centre,

(f)

B2 Local Centre,

(g)

B5 Business Development,

State Environmental Planning Policy Amendment (Natural Disasters) 2021 [NSW]

Schedule 1 Amendment of Local Environmental Plans

(h)

IN1 General Industrial,

(i)      SP1 Special Activities,

(j)

SP2 Infrastructure,

(k)

RE1 Public Recreation,

(l)

RE2 Private Recreation,

(m)

E1 National Parks and Nature Reserves,

(n)

E3 Environmental Management,

(o)

E4 Environmental Living.

(3)

Despite the other provisions of this Plan, development consent may be granted to development on land to which this clause applies to enable a dwelling house or secondary dwelling that has been damaged or destroyed by a natural disaster to be repaired or replaced if—

(a)

the dwelling house or secondary dwelling was lawfully erected, and

(b)

the development application seeking the development consent is made to the consent authority no later than 5 years after the day on which the natural disaster caused the damage or destruction.

1.13 Kempsey Local Environmental Plan 2013

Clause 5.9

Insert after clause 5.8—

5.9

Dwelling house or secondary dwelling affected by natural disaster

(1)

The objective of this clause is to enable the repair or replacement of lawfully erected dwelling houses and secondary dwellings that have been damaged or destroyed by a natural disaster.

(2)

This clause applies to land in the following zones—

(a)

RU1 Primary Production,

(b)

RU2 Rural Landscape,

(c)

RU4 Primary Production Small Lots,

(d)

RU5 Village,

(e)

R1 General Residential,

(f)

R3 Medium Density Residential,

(g)

R5 Large Lot Residential,

(h)

E2 Environmental Conservation,

(i)      E3 Environmental Management,

(j)

E4 Environmental Living.

(3)

Despite the other provisions of this Plan, development consent may be granted to development on land to which this clause applies to enable a dwelling house or secondary dwelling that has been damaged or destroyed by a natural disaster to be repaired or replaced if—

(a)

the dwelling house or secondary dwelling was lawfully erected, and

(b)

the development application seeking the development consent is made to the consent authority no later than 5 years after the day on which the natural disaster caused the damage or destruction.

State Environmental Planning Policy Amendment (Natural Disasters) 2021 [NSW]

Schedule 1 Amendment of Local Environmental Plans

1.14 Lachlan Local Environmental Plan 2013

Clause 5.9

Insert after clause 5.8—

5.9

Dwelling house or secondary dwelling affected by natural disaster

(1)

The objective of this clause is to enable the repair or replacement of lawfully erected dwelling houses and secondary dwellings that have been damaged or destroyed by a natural disaster.

(2)

This clause applies to land in the following zones—

(a)

RU1 Primary Production,

(b)

RU3 Forestry,

(c)

RU5 Village,

(d)

R5 Large Lot Residential,

(e)

SP2 Infrastructure,

(f)

RE1 Public Recreation,

(g)

E1 National Parks and Nature Reserves,

(h)

W1 Natural Waterways,

(i)      W2 Recreational Waterways.

(3)

Despite the other provisions of this Plan, development consent may be granted to development on land to which this clause applies to enable a dwelling house or secondary dwelling that has been damaged or destroyed by a natural disaster to be repaired or replaced if—

(a)

the dwelling house or secondary dwelling was lawfully erected, and

(b)

the development application seeking the development consent is made to the consent authority no later than 5 years after the day on which the natural disaster caused the damage or destruction.

1.15 Lake Macquarie Local Environmental Plan 2004

Clause 157

Insert after clause 156—

157      Dwelling house or secondary dwelling affected by natural disaster

(1)

The objective of this clause is to enable the repair or replacement of lawfully erected dwelling houses and secondary dwellings that have been damaged or destroyed by a natural disaster.

(2)

This clause applies to land in Zone 2(1) within the South Wallarah Peninsula

site.

(3)

Despite the other provisions of this Plan, development consent may be granted to development on land to which this clause applies to enable a dwelling house or secondary dwelling that has been damaged or destroyed by a natural disaster to be repaired or replaced if—

(a)

the dwelling house or secondary dwelling was lawfully erected, and

(b)

the development application seeking the development consent is made to the consent authority no later than 5 years after the day on which the natural disaster caused the damage or destruction.

State Environmental Planning Policy Amendment (Natural Disasters) 2021 [NSW]

Schedule 1 Amendment of Local Environmental Plans

1.16 Lake Macquarie Local Environmental Plan 2014

Clause 5.9

Insert after clause 5.8—

5.9

Dwelling house or secondary dwelling affected by natural disaster

(1)

The objective of this clause is to enable the repair or replacement of lawfully erected dwelling houses and secondary dwellings that have been damaged or destroyed by a natural disaster.

(2)

This clause applies to land in the following zones—

(a)

RU2 Rural Landscape,

(b)

RU4 Primary Production Small Lots,

(c)

RU6 Transition,

(d)

R1 General Residential,

(e)

R2 Low Density Residential,

(f)

R3 Medium Density Residential,

(g)

B1 Neighbourhood Centre,

(h)

B2 Local Centre,

(i)      B3 Commercial Core,

(j)

B4 Mixed Use,

(k)

B7 Business Park,

(l)

RE2 Private Recreation,

(m)

E2 Environmental Conservation,

(n)

E3 Environmental Management,

(o)

E4 Environmental Living.

(3)

Despite the other provisions of this Plan, development consent may be granted to development on land to which this clause applies to enable a dwelling house or secondary dwelling that has been damaged or destroyed by a natural disaster to be repaired or replaced if—

(a)

the dwelling house or secondary dwelling was lawfully erected, and

(b)

the development application seeking the development consent is made to the consent authority no later than 5 years after the day on which the natural disaster caused the damage or destruction.

1.17 Lismore Local Environmental Plan 2012

Clause 5.9

Insert after clause 5.8—

5.9

Dwelling house or secondary dwelling affected by natural disaster

(1)

The objective of this clause is to enable the repair or replacement of lawfully erected dwelling houses and secondary dwellings that have been damaged or destroyed by a natural disaster.

(2)

This clause applies to land in the following zones—

(a)

RU1 Primary Production,

(b)

RU2 Rural Landscape,

State Environmental Planning Policy Amendment (Natural Disasters) 2021 [NSW]

Schedule 1 Amendment of Local Environmental Plans

(c)

RU5 Village,

(d)

R1 General Residential,

(e)

R2 Low Density Residential,

(f)

R3 Medium Density Residential,

(g)

R5 Large Lot Residential,

(h)

E3 Environmental Management.

(3)

Despite the other provisions of this Plan, development consent may be granted to development on land to which this clause applies to enable a dwelling house or secondary dwelling that has been damaged or destroyed by a natural disaster to be repaired or replaced if—

(a)

the dwelling house or secondary dwelling was lawfully erected, and

(b)

the development application seeking the development consent is made to the consent authority no later than 5 years after the day on which the natural disaster caused the damage or destruction.

1.18 Lithgow Local Environmental Plan 2014

Clause 5.9

Insert after clause 5.8—

5.9

Dwelling house or secondary dwelling affected by natural disaster

(1)

The objective of this clause is to enable the repair or replacement of lawfully erected dwelling houses and secondary dwellings that have been damaged or destroyed by a natural disaster.

(2)

This clause applies to land in the following zones—

(a)

RU1 Primary Production,

(b)

RU2 Rural Landscape,

(c)

RU5 Village,

(d)

R1 General Residential,

(e)

R2 Low Density Residential,

(f)

R5 Large Lot Residential,

(g)

E3 Environmental Management,

(h)

E4 Environmental Living.

(3)

Despite the other provisions of this Plan, development consent may be granted to development on land to which this clause applies to enable a dwelling house or secondary dwelling that has been damaged or destroyed by a natural disaster to be repaired or replaced if—

(a)

the dwelling house or secondary dwelling was lawfully erected, and

(b)

the development application seeking the development consent is made to the consent authority no later than 5 years after the day on which the natural disaster caused the damage or destruction.

1.19 Liverpool Local Environmental Plan 2008

Clause 5.9

Insert after clause 5.8—

State Environmental Planning Policy Amendment (Natural Disasters) 2021 [NSW]

Schedule 1 Amendment of Local Environmental Plans

5.9

Dwelling house or secondary dwelling affected by natural disaster

(1)

The objective of this clause is to enable the repair or replacement of lawfully erected dwelling houses and secondary dwellings that have been damaged or destroyed by a natural disaster.

(2)

This clause applies to land in the following zones—

(a)

RU1 Primary Production,

(b)

RU2 Rural Landscape,

(c)

RU4 Primary Production Small Lots,

(d)

R1 General Residential,

(e)

R2 Low Density Residential,

(f)

R3 Medium Density Residential,

(g)

R4 High Density Residential,

(h)

R5 Large Lot Residential,

(i)      E2 Environmental Conservation,

(j)

E3 Environmental Management.

(3)

Despite the other provisions of this Plan, development consent may be granted to development on land to which this clause applies to enable a dwelling house or secondary dwelling that has been damaged or destroyed by a natural disaster to be repaired or replaced if—

(a)

the dwelling house or secondary dwelling was lawfully erected, and

(b)

the development application seeking the development consent is made to the consent authority no later than 5 years after the day on which the natural disaster caused the damage or destruction.

1.20 Liverpool Plains Local Environmental Plan 2011

Clause 5.9

Insert after clause 5.8—

5.9

Dwelling house or secondary dwelling affected by natural disaster

(1)

The objective of this clause is to enable the repair or replacement of lawfully erected dwelling houses and secondary dwellings that have been damaged or destroyed by a natural disaster.

(2)

This clause applies to land in the following zones—

(a)

Zone RU1 Primary Production.

(3)

Despite the other provisions of this Plan, development consent may be granted to development on land to which this clause applies to enable a dwelling house or secondary dwelling that has been damaged or destroyed by a natural disaster to be repaired or replaced if—

(a)

the dwelling house or secondary dwelling was lawfully erected, and

(b)

the development application seeking the development consent is made to the consent authority no later than 5 years after the day on which the natural disaster caused the damage or destruction.

State Environmental Planning Policy Amendment (Natural Disasters) 2021 [NSW]

Schedule 1 Amendment of Local Environmental Plans

1.21 Maitland Local Environmental Plan 2011

Clause 5.9

Insert after clause 5.8—

5.9

Dwelling house or secondary dwelling affected by natural disaster

(1)

The objective of this clause is to enable the repair or replacement of lawfully erected dwelling houses and secondary dwellings that have been damaged or destroyed by a natural disaster.

(2)

This clause applies to land in the following zones—

(a)

RU1 Primary Production,

(b)

RU2 Rural Landscape,

(c)

R1 General Residential,

(d)

E2 Environmental Conservation,

(e)

E3 Environmental Management,

(f)

E4 Environmental Living.

(3)

Despite the other provisions of this Plan, development consent may be granted to development on land to which this clause applies to enable a dwelling house or secondary dwelling that has been damaged or destroyed by a natural disaster to be repaired or replaced if—

(a)

the dwelling house or secondary dwelling was lawfully erected, and

(b)

the development application seeking the development consent is made to the consent authority no later than 5 years after the day on which the natural disaster caused the damage or destruction.

1.22 Manly Local Environmental Plan 2013

Clause 5.9

Insert after clause 5.8—

5.9

Dwelling house or secondary dwelling affected by natural disaster

(1)

The objective of this clause is to enable the repair or replacement of lawfully erected dwelling houses and secondary dwellings that have been damaged or destroyed by a natural disaster.

(2)

This clause applies to land in the following zones—

(a)

R1 General Residential,

(b)

R2 Low Density Residential,

(c)

R3 Medium Density Residential,

(d)

B1 Neighbourhood Centre,

(e)

B2 Local Centre,

(f)

B6 Enterprise Corridor,

(g)

SP1 Special Activities,

(h)

SP2 Infrastructure,

(i)      SP3 Tourist,

(j)

RE1 Public Recreation,

(k)

RE2 Private Recreation,

State Environmental Planning Policy Amendment (Natural Disasters) 2021 [NSW]

Schedule 1 Amendment of Local Environmental Plans

(l)

E1 National Parks and Nature Reserves,

(m)

E2 Environmental Conservation,

(n)

E3 Environmental Management,

(o)

E4 Environmental Living,

(p)

W1 Natural Waterways.

(3)

Despite the other provisions of this Plan, development consent may be granted to development on land to which this clause applies to enable a dwelling house or secondary dwelling that has been damaged or destroyed by a natural disaster to be repaired or replaced if—

(a)

the dwelling house or secondary dwelling was lawfully erected, and

(b)

the development application seeking the development consent is made to the consent authority no later than 5 years after the day on which the natural disaster caused the damage or destruction.

1.23 Muswellbrook Local Environmental Plan 2009

Clause 5.9

Insert after clause 5.8—

5.9

Dwelling house or secondary dwelling affected by natural disaster

(1)

The objective of this clause is to enable the repair or replacement of lawfully erected dwelling houses and secondary dwellings that have been damaged or destroyed by a natural disaster.

(2)

This clause applies to land in the following zones—

(a)

RU1 Primary Production,

(b)

E3 Environmental Management.

(3)

Despite the other provisions of this Plan, development consent may be granted to development on land to which this clause applies to enable a dwelling house or secondary dwelling that has been damaged or destroyed by a natural disaster to be repaired or replaced if—

(a)

the dwelling house or secondary dwelling was lawfully erected, and

(b)

the development application seeking the development consent is made to the consent authority no later than 5 years after the day on which the natural disaster caused the damage or destruction.

1.24 Newcastle Local Environmental Plan 2012

Clause 5.9

Insert after clause 5.8—

5.9

Dwelling house or secondary dwelling affected by natural disaster

(1)

The objective of this clause is to enable the repair or replacement of lawfully erected dwelling houses and secondary dwellings that have been damaged or destroyed by a natural disaster.

(2)

This clause applies to land in the following zones—

(a)

R2 Low Density Residential,

(b)

R3 Medium Density Residential,

State Environmental Planning Policy Amendment (Natural Disasters) 2021 [NSW]

Schedule 1 Amendment of Local Environmental Plans

(c)

R4 High Density Residential,

(d)

B1 Neighbourhood Centre,

(e)

B2 Local Centre,

(f)

B4 Mixed Use,

(g)

IN2 Light Industrial,

(h)

RE2 Private Recreation,

(i)      E2 Environmental Conservation,

(j)

E3 Environmental Management,

(k)

E4 Environmental Living.

(3)

Despite the other provisions of this Plan, development consent may be granted to development on land to which this clause applies to enable a dwelling house or secondary dwelling that has been damaged or destroyed by a natural disaster to be repaired or replaced if—

(a)

the dwelling house or secondary dwelling was lawfully erected, and

(b)

the development application seeking the development consent is made to the consent authority no later than 5 years after the day on which the natural disaster caused the damage or destruction.

1.25 Pittwater Local Environmental Plan 2014

Clause 5.9

Insert after clause 5.8—

5.9

Dwelling house or secondary dwelling affected by natural disaster

(1)

The objective of this clause is to enable the repair or replacement of lawfully erected dwelling houses and secondary dwellings that have been damaged or destroyed by a natural disaster.

(2)

This clause applies to land in the following zones—

(a)

RU2 Rural Landscape,

(b)

R2 Low Density Residential,

(c)

R3 Medium Density Residential,

(d)

R5 Large Lot Residential,

(e)

B1 Neighbourhood Centre,

(f)

B2 Local Centre,

(g)

B4 Mixed Use,

(h)

B6 Enterprise Corridor,

(i)      B7 Business Park,

(j)

IN2 Light Industrial,

(k)

IN4 Working Waterfront,

(l)

SP1 Special Activities,

(m)

SP2 Infrastructure,

(n)

SP3 Tourist,

(o)

RE1 Public Recreation,

(p)

RE2 Private Recreation,

State Environmental Planning Policy Amendment (Natural Disasters) 2021 [NSW]

Schedule 1 Amendment of Local Environmental Plans

(q)

E1 National Parks and Nature Reserves,

(r)

E2 Environmental Conservation,

(s)

E3 Environmental Management,

(t)

E4 Environmental Living,

(u)

W1 Natural Waterways,

(v)      W2 Recreational Waterways.

(3)

Despite the other provisions of this Plan, development consent may be granted to development on land to which this clause applies to enable a dwelling house or secondary dwelling that has been damaged or destroyed by a natural disaster to be repaired or replaced if—

(a)

the dwelling house or secondary dwelling was lawfully erected, and

(b)

the development application seeking the development consent is made to the consent authority no later than 5 years after the day on which the natural disaster caused the damage or destruction.

1.26 Port Stephens Local Environmental Plan 2013

Clause 5.9

Insert after clause 5.8—

5.9

Dwelling house or secondary dwelling affected by natural disaster

(1)

The objective of this clause is to enable the repair or replacement of lawfully erected dwelling houses and secondary dwellings that have been damaged or destroyed by a natural disaster.

(2)

This clause applies to land in the following zones—

(a)

RU1 Primary Production,

(b)

RU2 Rural Landscape,

(c)

RU3 Forestry,

(d)

RU5 Village,

(e)

R1 General Residential,

(f)

R2 Low Density Residential,

(g)

R3 Medium Density Residential,

(h)

R5 Large Lot Residential,

(i)      B1 Neighbourhood Centre,

(j)

B2 Local Centre,

(k)

B3 Commercial Core,

(l)

B4 Mixed Use,

(m)

B5 Business Development,

(n)

B7 Business Park,

(o)

IN1 General Industrial,

(p)

IN2 Light Industrial,

(q)

IN4 Working Waterfront,

(r)

E2 Environmental Conservation,

(s)

E3 Environmental Management,

State Environmental Planning Policy Amendment (Natural Disasters) 2021 [NSW]

Schedule 1 Amendment of Local Environmental Plans

(t)

E4 Environmental Living.

(3)

Despite the other provisions of this Plan, development consent may be granted to development on land to which this clause applies to enable a dwelling house or secondary dwelling that has been damaged or destroyed by a natural disaster to be repaired or replaced if—

(a)

the dwelling house or secondary dwelling was lawfully erected, and

(b)

the development application seeking the development consent is made to the consent authority no later than 5 years after the day on which the natural disaster caused the damage or destruction.

1.27 Singleton Local Environmental Plan 2013

Clause 5.9

Insert after clause 5.8—

5.9

Dwelling house or secondary dwelling affected by natural disaster

(1)

The objective of this clause is to enable the repair or replacement of lawfully erected dwelling houses and secondary dwellings that have been damaged or destroyed by a natural disaster.

(2)

This clause applies to land in the following zones—

(a)

RU1 Primary Production,

(b)

RU2 Rural Landscape,

(c)

RU3 Forestry,

(d)

RU4 Primary Production Small Lots,

(e)

E1 National Parks and Nature Reserves,

(f)

E2 Environmental Conservation,

(g)

E3 Environmental Management.

(3)

Despite the other provisions of this Plan, development consent may be granted to development on land to which this clause applies to enable a dwelling house or secondary dwelling that has been damaged or destroyed by a natural disaster to be repaired or replaced if—

(a)

the dwelling house or secondary dwelling was lawfully erected, and

(b)

the development application seeking the development consent is made to the consent authority no later than 5 years after the day on which the natural disaster caused the damage or destruction.

1.28 The Hills Local Environmental Plan 2019

Clause 5.9

Insert after clause 5.8—

5.9

Dwelling house or secondary dwelling affected by natural disaster

(1)

The objective of this clause is to enable the repair or replacement of lawfully erected dwelling houses and secondary dwellings that have been damaged or destroyed by a natural disaster.

(2)

This clause applies to land in the following zones—

(a)

RU1 Primary Production,

State Environmental Planning Policy Amendment (Natural Disasters) 2021 [NSW]

Schedule 1 Amendment of Local Environmental Plans

(b)

RU2 Rural Landscape,

(c)

RU6 Transition,

(d)

R2 Low Density Residential,

(e)

R3 Medium Density Residential,

(f)

E3 Environmental Management,

(g)

E4 Environmental Living.

(3)

Despite the other provisions of this Plan, development consent may be granted to development on land to which this clause applies to enable a dwelling house or secondary dwelling that has been damaged or destroyed by a natural disaster to be repaired or replaced if—

(a)

the dwelling house or secondary dwelling was lawfully erected, and

(b)

the development application seeking the development consent is made to the consent authority no later than 5 years after the day on which the natural disaster caused the damage or destruction.

1.29 Upper Hunter Local Environmental Plan 2013

Clause 5.9

Insert after clause 5.8—

5.9

Dwelling house or secondary dwelling affected by natural disaster

(1)

The objective of this clause is to enable the repair or replacement of lawfully erected dwelling houses and secondary dwellings that have been damaged or destroyed by a natural disaster.

(2)

This clause applies to land in the following zones—

(a)

RU1 Primary Production,

(b)

RU4 Primary Production Small Lots,

(c)

RU5 Village,

(d)

R1 General Residential,

(e)

R5 Large Lot Residential,

(f)

E3 Environmental Management.

(3)

Despite the other provisions of this Plan, development consent may be granted to development on land to which this clause applies to enable a dwelling house or secondary dwelling that has been damaged or destroyed by a natural disaster to be repaired or replaced if—

(a)

the dwelling house or secondary dwelling was lawfully erected, and

(b)

the development application seeking the development consent is made to the consent authority no later than 5 years after the day on which the natural disaster caused the damage or destruction.

1.30 Wagga Wagga Local Environmental Plan 2010

Clause 5.9

Insert after clause 5.8—

State Environmental Planning Policy Amendment (Natural Disasters) 2021 [NSW]

Schedule 1 Amendment of Local Environmental Plans

5.9

Dwelling house or secondary dwelling affected by natural disaster

(1)

The objective of this clause is to enable the repair or replacement of lawfully erected dwelling houses and secondary dwellings that have been damaged or destroyed by a natural disaster.

(2)

This clause applies to land in the following zones—

(a)

RU1 Primary Production,

(b)

RU2 Rural Landscape,

(c)

RU4 Primary Production Small Lots,

(d)

RU5 Village,

(e)

RU6 Transition,

(f)

R1 General Residential,

(g)

R3 Medium Density Residential,

(h)

R5 Large Lot Residential,

(i)      B4 Mixed Use,

(j)

E4 Environmental Living.

(3)

Despite the other provisions of this Plan, development consent may be granted to development on land to which this clause applies to enable a dwelling house or secondary dwelling that has been damaged or destroyed by a natural disaster to be repaired or replaced if—

(a)

the dwelling house or secondary dwelling was lawfully erected, and

(b)

the development application seeking the development consent is made to the consent authority no later than 5 years after the day on which the natural disaster caused the damage or destruction.

1.31 Warringah Local Environmental Plan 2000

Clause 33B

Insert after clause 33A—

33B

Dwelling house or secondary dwelling affected by natural disaster

(1)

The objective of this clause is to enable the repair or replacement of lawfully erected dwelling houses and secondary dwellings that have been damaged or destroyed by a natural disaster.

(2)

Despite the other provisions of this Plan, development consent may be granted to development to enable a dwelling house or secondary dwelling that has been damaged or destroyed by a natural disaster to be repaired or replaced if—

(a)

the dwelling house or secondary dwelling was lawfully erected, and

(b)

the development application seeking the development consent is made to the consent authority no later than 5 years after the day on which the natural disaster caused the damage or destruction.

1.32 Warringah Local Environmental Plan 2011

Clause 5.9

Insert after clause 5.8—

State Environmental Planning Policy Amendment (Natural Disasters) 2021 [NSW]

Schedule 1 Amendment of Local Environmental Plans

5.9

Dwelling house or secondary dwelling affected by natural disaster

(1)

The objective of this clause is to enable the repair or replacement of lawfully erected dwelling houses and secondary dwellings that have been damaged or destroyed by a natural disaster.

(2)

This clause applies to land in the following zones—

(a)

RU4 Primary Production Small Lots,

(b)

R2 Low Density Residential,

(c)

R3 Medium Density Residential,

(d)

B1 Neighbourhood Centre,

(e)

B2 Local Centre,

(f)

B3 Commercial Core,

(g)

B4 Mixed Use,

(h)

B5 Business Development,

(i)      B7 Business Park,

(j)

IN1 General Industrial,

(k)

IN2 Light Industrial,

(l)

SP1 Special Activities,

(m)

SP2 Infrastructure,

(n)

RE1 Public Recreation,

(o)

RE2 Private Recreation,

(p)

E1 National Parks and Nature Reserves,

(q)

E2 Environmental Conservation,

(r)

E3 Environmental Management,

(s)

E4 Environmental Living,

(t)

W1 Natural Waterways.

(3)

Despite the other provisions of this Plan, development consent may be granted to development on land to which this clause applies to enable a dwelling house or secondary dwelling that has been damaged or destroyed by a natural disaster to be repaired or replaced if—

(a)

the dwelling house or secondary dwelling was lawfully erected, and

(b)

the development application seeking the development consent is made to the consent authority no later than 5 years after the day on which the natural disaster caused the damage or destruction.

1.33 Warrumbungle Local Environmental Plan 2013

Clause 5.9

Insert after clause 5.8—

5.9

Dwelling house or secondary dwelling affected by natural disaster

(1)

The objective of this clause is to enable the repair or replacement of lawfully erected dwelling houses and secondary dwellings that have been damaged or destroyed by a natural disaster.

(2)

This clause applies to land in the following zones—

(a)

RU1 Primary Production,

State Environmental Planning Policy Amendment (Natural Disasters) 2021 [NSW]

Schedule 1 Amendment of Local Environmental Plans

(b)

RU5 Village,

(c)

R5 Large Lot Residential.

(3)

Despite the other provisions of this Plan, development consent may be granted to development on land to which this clause applies to enable a dwelling house or secondary dwelling that has been damaged or destroyed by a natural disaster to be repaired or replaced if—

(a)

the dwelling house or secondary dwelling was lawfully erected, and

(b)

the development application seeking the development consent is made to the consent authority no later than 5 years after the day on which the natural disaster caused the damage or destruction.

1.34 Wentworth Local Environmental Plan 2011

Clause 5.9

Insert after clause 5.8—

5.9

Dwelling house or secondary dwelling affected by natural disaster

(1)

The objective of this clause is to enable the repair or replacement of lawfully erected dwelling houses and secondary dwellings that have been damaged or destroyed by a natural disaster.

(2)

This clause applies to land in the following zones—

(a)

RU1 Primary Production,

(b)

RU5 Village,

(c)

R5 Large Lot Residential,

(d)

E3 Environmental Management,

(e)

E4 Environmental Living.

(3)

Despite the other provisions of this Plan, development consent may be granted to development on land to which this clause applies to enable a dwelling house or secondary dwelling that has been damaged or destroyed by a natural disaster to be repaired or replaced if—

(a)

the dwelling house or secondary dwelling was lawfully erected, and

(b)

the development application seeking the development consent is made to the consent authority no later than 5 years after the day on which the natural disaster caused the damage or destruction.

1.35 Wingecarribee Local Environmental Plan 2010

Clause 5.9

Insert after clause 5.8—

5.9

Dwelling house or secondary dwelling affected by natural disaster

(1)

The objective of this clause is to enable the repair or replacement of lawfully erected dwelling houses and secondary dwellings that have been damaged or destroyed by a natural disaster.

(2)

This clause applies to land in the following zones—

(a)

RU1 Primary Production,

(b)

RU2 Rural Landscape,

State Environmental Planning Policy Amendment (Natural Disasters) 2021 [NSW]

Schedule 1 Amendment of Local Environmental Plans

(c)

RU4 Primary Production Small Lots,

(d)

R2 Low Density Residential,

(e)

R3 Medium Density Residential,

(f)

R5 Large Lot Residential,

(g)

B1 Neighbourhood Centre,

(h)

B2 Local Centre,

(i)      B4 Mixed Use,

(j)

B5 Business Development,

(k)

SP3 Tourist,

(l)

E3 Environmental Management,

(m)

E4 Environmental Living.

(3)

Despite the other provisions of this Plan, development consent may be granted to development on land to which this clause applies to enable a dwelling house or secondary dwelling that has been damaged or destroyed by a natural disaster to be repaired or replaced if—

(a)

the dwelling house or secondary dwelling was lawfully erected, and

(b)

the development application seeking the development consent is made to the consent authority no later than 5 years after the day on which the natural disaster caused the damage or destruction.

1.36 Wollondilly Local Environmental Plan 2011

Clause 5.9

Insert after clause 5.8—

5.9

Dwelling house or secondary dwelling affected by natural disaster

(1)

The objective of this clause is to enable the repair or replacement of lawfully erected dwelling houses and secondary dwellings that have been damaged or destroyed by a natural disaster.

(2)

This clause applies to land in the following zones—

(a)

RU1 Primary Production,

(b)

RU2 Rural Landscape,

(c)

RU4 Primary Production Small Lots,

(d)

R2 Low Density Residential,

(e)

R3 Medium Density Residential,

(f)

R5 Large Lot Residential,

(g)

B1 Neighbourhood Centre,

(h)

B4 Mixed Use,

(i)      B5 Business Development,

(j)

E3 Environmental Management,

(k)

E4 Environmental Living.

(3)

Despite the other provisions of this Plan, development consent may be granted to development on land to which this clause applies to enable a dwelling house or secondary dwelling that has been damaged or destroyed by a natural disaster to be repaired or replaced if—

State Environmental Planning Policy Amendment (Natural Disasters) 2021 [NSW]

Schedule 1 Amendment of Local Environmental Plans

(a)

the dwelling house or secondary dwelling was lawfully erected, and

(b)

the development application seeking the development consent is made to the consent authority no later than 5 years after the day on which the natural disaster caused the damage or destruction.

1.37 Wyong Local Environmental Plan 2013

Clause 5.9

Insert after clause 5.8—

5.9

Dwelling house or secondary dwelling affected by natural disaster

(1)

The objective of this clause is to enable the repair or replacement of lawfully erected dwelling houses and secondary dwellings that have been damaged or destroyed by a natural disaster.

(2)

This clause applies to land in the following zones—

(a)

RU1 Primary Production,

(b)

RU2 Rural Landscape,

(c)

RU3 Forestry,

(d)

RU5 Village,

(e)

RU6 Transition,

(f)

R1 General Residential,

(g)

R2 Low Density Residential,

(h)

R3 Medium Density Residential,

(i)      R5 Large Lot Residential,

(j)

B1 Neighbourhood Centre,

(k)

B2 Local Centre,

(l)

B3 Commercial Core,

(m)

B4 Mixed Use,

(n)

B5 Business Development,

(o)

B6 Enterprise Corridor,

(p)

B7 Business Park,

(q)

IN1 General Industrial,

(r)

IN2 Light Industrial,

(s)

SP1 Special Activities,

(t)

SP2 Infrastructure,

(u)

SP3 Tourist,

(v)      RE1 Public Recreation,

(w)

RE2 Private Recreation,

(x)      E1 National Parks and Nature Reserves,

(y)

E2 Environmental Conservation,

(z)

E3 Environmental Management,

(za)

E4 Environmental Living,

(zb)

W1 Natural Waterways,

(zc)

W2 Recreational Waterways.

State Environmental Planning Policy Amendment (Natural Disasters) 2021 [NSW]

Schedule 1 Amendment of Local Environmental Plans

(3)

Despite the other provisions of this Plan, development consent may be granted to development on land to which this clause applies to enable a dwelling house or secondary dwelling that has been damaged or destroyed by a natural disaster to be repaired or replaced if—

(a)

the dwelling house or secondary dwelling was lawfully erected, and

(b)

the development application seeking the development consent is made to the consent authority no later than 5 years after the day on which the natural disaster caused the damage or destruction.

State Environmental Planning Policy Amendment (Natural Disasters) 2021 [NSW]

Schedule 2 Amendment of State Environmental Planning Policy (Sydney Region Growth Centres) 2006

Schedule 2

Amendment of State Environmental Planning Policy (Sydney Region Growth Centres) 2006

Appendix 8 Liverpool Growth Centres Precinct Plan

Insert after Appendix 8, clause 5.12—

5.13

Dwelling house or secondary dwelling affected by natural disaster

(1)

The objective of this clause is to enable the repair or replacement of lawfully erected dwelling houses and secondary dwellings that have been damaged or destroyed by a natural disaster.

(2)

This clause applies to land within the Austral Precinct, East Leppington

Precinct and Leppington North Precinct.

(3)

This clause applies to land in the following zones—

(a)

RU6 Transition,

(b)

R2 Low Density Residential,

(c)

R3 Medium Density Residential,

(d)

RE1 Public Recreation,

(e)

E4 Environmental Living.

(4)

Despite the other provisions of this Plan, development consent may be granted to development on land to which this clause applies to enable a dwelling house or secondary dwelling that has been damaged or destroyed by a natural disaster to be repaired or replaced if—

(a)

the dwelling house or secondary dwelling was lawfully erected, and

(b)

the development application seeking the development consent is made to the consent authority no later than 5 years after the day on which the natural disaster caused the damage or destruction.

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