State Environmental Planning Policy (Major Development) Amendment (Huntlee New Town Site) 2015 (2015-127) LW 5 March 2015 (NSW)

New South Wales

State Environmental Planning Policy (Major

Development) Amendment (Huntlee New

Town Site) 2015

under the

Environmental Planning and Assessment Act 1979

His 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.

PRU GOWARD, MP Minister for Planning

State Environmental Planning Policy (Major Development)

Amendment (Huntlee New Town Site) 2015

under the

Environmental Planning and Assessment Act 1979

1      Name of Policy

This Policy is State Environmental Planning Policy (Major Development)

Amendment (Huntlee New Town Site) 2015.

2      Commencement

This Policy commences on the day on which it is published on the NSW legislation website.

3      Land to which Policy applies

This Policy applies to the land known as Huntlee New Town Site.

4      Maps

The maps adopted by the following plans are amended or replaced, as the case requires, by the maps approved by the Minister on the making of this Plan:

(a)	Cessnock Local Environmental Plan 2011,
(b)	Singleton Local Environmental Plan 2013.

5      Amendment of State Environmental Planning Policy (Major Development) 2005

Omit Part 27 of Schedule 3 to the Policy.

6      Repeal of Policy

(1)

This Policy is repealed on the day following the day on which this Policy

commences.

(2)

The repeal of this Policy does not, because of the operation of sections 5 (6) and 30

of the Interpretation Act 1987, affect any amendment made by this Policy.

Schedule 1

Amendment of Cessnock Local Environmental

Plan 2011

[1]      Clause 2.1 Land use zones

Insert “R1 General Residential” before “R2 Low Density Residential”.

[2]      Clause 2.1

Insert “E3 Environmental Management” after “E2 Environmental Conservation”.

[3]      Land Use Table

Insert after all the matter relating to Zone RU5 Village:

Zone R1 General Residential

1      Objectives of zone

• To provide for the housing needs of the community.

• To provide for a variety of housing types and densities.

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

2      Permitted without consent

Environmental protection works; Home occupations

3      Permitted with consent

Attached dwellings; Bed and breakfast accommodation; Boarding houses; Child care centres; Community facilities; Dwelling houses; Exhibition villages; Food and drink premises; Group homes; Home-based child care; Home businesses; Home industries; Home occupations; Hostels; Kiosks; Markets; Multi dwelling housing; Neighbourhood shops; Places of public worship; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Residential flat buildings; Respite day care centres; Roads; Semi-detached dwellings; Seniors housing; Serviced apartments; Shop top housing; Signage; Any other development not specified in item 2 or 4

4      Prohibited

Agriculture; Air transport facilities; Animal boarding or training establishments; Boat building and repair facilities; Boat launching ramps; Boat sheds; Camping grounds; Car parks; Caravan parks; Cemeteries; Charter and tourism boating facilities; Commercial premises; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Electricity generating works; Entertainment facilities; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Function centres; Heavy industrial storage establishments; Helipads; Highway service centres; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Jetties; Marinas; Mooring pens; Moorings; Mortuaries; Open cut mining; Passenger transport facilities; Public administration buildings; Recreation facilities (major); Registered clubs; Research stations; Restricted premises; Rural industries; Rural workers’ dwellings; Service stations; Sex services premises; Storage premises; Tourist and visitor accommodation; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Veterinary hospitals; Warehouse or distribution centres; Waste or resource management facilities; Water recreation structures; Wharf or boating facilities; Wholesale supplies

[4]      Land Use Table

Insert after all the matter relating to Zone E2 Environmental Conservation:

Zone E3 Environmental Management

1      Objectives of zone

• To protect, manage and restore areas with special ecological, scientific, cultural or aesthetic values.

• To provide for a limited range of development that does not have an adverse effect on those values.

2      Permitted without consent

Environmental protection works; Home occupations

3      Permitted with consent

Dwelling houses; Environmental facilities; Flood mitigation works; Home industries; Information and education facilities; Kiosks; Recreation areas; Roads

4      Prohibited

Industries; Multi dwelling housing; Residential flat buildings; Retail premises; Seniors housing; Service stations; Warehouse or distribution centres; Any other development not specified in item 2 or 3

[5]      Clause 4.1B Minimum lot sizes for certain split zones

Omit clause 4.1B (2) (b). Insert instead:

(b) land in Zone E2 Environmental Conservation or Zone E3 Environmental Management.

[6]      Clause 4.1B

Omit “Zone E2 Environmental Conservation” from clause 4.1B (3) (a) (ii).

Insert instead “Zone E2 Environmental Conservation or Zone E3 Environmental

Management”.

[7]      4.2A Erection of dwelling houses on land in certain residential, rural and environmental protection zones

Insert after clause 4.2A (2) (d):

(e) Zone E3 Environmental Management.

[8]      Clause 7.12

Insert after clause 7.11

7.12 Interim land uses

(1)

This clause applies to land identified as “Huntlee New Town Site” on the

Urban Release Area Map.

(2)

Despite any other provision of this Plan, development on land in Zone R1 General Residential, Zone R2 Low Density Residential or Zone B4 Mixed Use on the land to which this clause applies for a purpose specified in subclause (3) is permitted with development consent if:

(a)	the development is for a specified interim period, and
(b)	the development will not adversely affect the use of the land for permissible development in accordance with this Plan at the end of the specified interim period, and
(c)	the development will not adversely affect the use of other land in the same locality for permissible development in accordance with this Plan.

(3)

Development specified for the purposes of this clause is any one or more of

the following:

(a)	extensive agriculture,
(b)	extractive industries,
(c)	forestry,
(d)	intensive plant agriculture,
(e)	mining,
(f)	waste or resource management facilities.

[9]      Schedule 1 Additional permitted uses

Omit “is permitted with consent” from each item in Schedule 1.

Insert instead “is permitted with development consent”.

[10]      Schedule 1

Renumber items 1–7 respectively as items 4, 5, 6, 1, 7, 8, 9.

[11]      Schedule 1

Insert in appropriate order:

2      Use of certain land at Wine Country Drive, Branxton (Huntlee New Town Site)

(1) This clause applies to land at Wine Country Drive, Branxton (Huntlee New Town Site) identified as “Area A” on the Additional Permitted Uses Map.

(2)

Development on land in Zone R5 Large Lot Residential for the purposes of

viticulture is permitted with development consent.

3      Use of certain land at Wine Country Drive, Branxton (Huntlee New Town Site)

(1) This clause applies to land at Wine Country Drive, Branxton (Huntlee New Town Site) identified as “Area B” on the Additional Permitted Uses Map.

(2) Development on land in Zone B4 Mixed Use for the purposes of dwelling houses, exhibition homes, exhibition villages and highway service centres is permitted with development consent.

[12]      Schedule 2 Exempt development

Omit all matter relating to the item “Charity and recycling bins” and all matter relating to each item about “Signage”.

Schedule 2

Amendment of Singleton Local Environmental

Plan 2013

[1]      Clause 7.9A

Insert after clause 7.9

7.9A	Interim land uses
(1) This clause applies to land identified as “Huntlee New Town Site” on the Urban Release Area Map. (2) Despite any other provision of this Plan, development on land in Zone R1 General Residential, Zone R2 Low Density Residential or Zone B4 Mixed Use on the land to which this clause applies for a purpose specified in subclause (3) is permitted with development consent if:

(a)	the development is for a specified interim period, and
(b)	the development will not adversely affect the use of the land for permissible development in accordance with this Plan at the end of the specified interim period, and
(c)	the development will not adversely affect the use of other land in the same locality for permissible development in accordance with this Plan.

(3)

Development specified for the purposes of this clause is any one or more of

the following:

(a)	extensive agriculture,
(b)	extractive industries,
(c)	forestry,
(d)	intensive plant agriculture,
(e)	mining,
(f)	waste or resource management facilities.

[2]      Schedule 1 Additional permitted uses

Renumber items 1–5 respectively as items 5–9 respectively.

[3]      Schedule 1

Insert in appropriate order:

1      Use of certain land at Wine Country Drive, Branxton (Huntlee New Town Site)

(1) This clause applies to land at Wine Country Drive, Branxton (Huntlee New Town Site) identified as “Area A” on the Additional Permitted Uses Map.

(2) Development on land in Zone R1 General Residential for the purposes of recreation facilities (indoor) and signage is permitted with development consent.

2      Use of certain land at Wine Country Drive, Branxton (Huntlee New Town Site)

(1) This clause applies to land at Wine Country Drive, Branxton (Huntlee New Town Site) identified as “Area B” on the Additional Permitted Uses Map.

(2) Development on land in Zone R2 Low Density Residential for the purposes of exhibition homes, exhibition villages, semi-detached dwellings, seniors housing and signage is permitted with development consent.

3      Use of certain land at Wine Country Drive, Branxton (Huntlee New Town Site)

(1) This clause applies to land at Wine Country Drive, Branxton (Huntlee New Town Site) identified as “Area C” on the Additional Permitted Uses Map.

(2) Development on land in Zone R5 Large Lot Residential for the purposes of farm stay accommodation, horticulture and viticulture is permitted with development consent.

4      Use of certain land at Wine Country Drive, Branxton (Huntlee New Town Site)

(1) This clause applies to land at Wine Country Drive, Branxton (Huntlee New Town Site) identified as “Area D” on the Additional Permitted Uses Map.

(2) Development on land in Zone B4 Mixed Use for the purposes of dwelling houses, exhibition homes, exhibition villages and highway service centres is permitted with development consent.

[4]      Schedule 2 Exempt development

Omit all matter relating to each item about “Signage”.

[5]      Dictionary

Insert in alphabetical order:

Additional Permitted Uses Map means the Singleton Local Environmental

Plan 2013 Additional Permitted Uses Map.