Walcha Local Environmental Plan 2012 (Amendment No 1) (2019-209) LW 24 May 2019 (NSW)

New South Wales

Walcha Local Environmental Plan 2012

(Amendment No 1)

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.

JACK O’HARA, GENERAL MANAGER, WALCHA COUNCIL

As delegate for the local plan-making authority

Walcha Local Environmental Plan 2012 (Amendment No 1) [NSW]

Walcha Local Environmental Plan 2012 (Amendment No 1)

under the

Environmental Planning and Assessment Act 1979

1      Name of Plan

This Plan is Walcha Local Environmental Plan 2012 (Amendment No 1).

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 land in the following zones under Walcha Local Environmental

Plan 2012:

(a)	Zone RU1 Primary Production,
(b)	Zone RU4 Primary Production Small Lots,
(c)	Zone RE1 Public Recreation,
(d)	Zone E1 National Parks and Nature Reserves,
(e)	Zone E2 Environmental Conservation,
(f)	Zone E4 Environmental Living.

4      Maps

The maps adopted by Walcha 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.

Walcha Local Environmental Plan 2012 (Amendment No 1) [NSW]

Schedule 1 Amendment of Walcha Local Environmental Plan 2012

Schedule 1

Amendment of Walcha Local Environmental Plan

2012

[1]      Land Use Table

Omit “(attached)” from item 3 of the matter relating to Zone RU1 Primary Production.

[2]      Land Use Table, Zone RU4

Omit “(attached)” from item 3.

[3]      Land Use Table, Zone RE1

Omit “Building identification signs; Business identification signs;” from item 3.

Insert in alphabetical order “Signage;”.

[4]      Clause 4.2D

Insert after clause 4.2C:

4.2D

Boundary adjustments in certain rural zones

(1)	The objective of this clause is to permit the boundary between 2 or more lots to be altered in certain circumstances to give landowners a greater opportunity to achieve the objectives for development in a zone.
(2)	This clause applies to land in the following zones:

(a)	Zone RU1 Primary Production,
(b)	Zone RU4 Primary Production Small Lots.

(3)

Despite clause 4.1 (3), development consent may be granted to the subdivision of 2 or more adjoining lots, being land to which this clause applies, if the subdivision will not result in any of the following:

(a)	an increase in the number of lots,
(b)	an increase in the number of dwellings on, or dwellings that may be erected on, any of the lots.

(4)

Before determining a development application for the subdivision of land

under this clause, the consent authority must consider the following:

(a)	the existing uses and approved uses of other land in the vicinity of the subdivision,
(b)	whether or not the subdivision is likely to have a significant impact on land uses that are likely to be preferred and the predominant land uses in the vicinity of the development,
(c)	whether or not the subdivision is likely to be incompatible with a use referred to in paragraph (a) or (b),
(d)	whether or not the subdivision is likely to be incompatible with a use of land in any adjoining zone,
(e)	any measures proposed by the applicant to avoid or minimise any incompatibility referred to in paragraph (c) or (d),
(f)	whether or not the subdivision is appropriate having regard to the natural and physical constraints affecting the land,
(g)	whether or not the subdivision is likely to have an adverse impact on the environmental values or agricultural viability of the land.

Walcha Local Environmental Plan 2012 (Amendment No 1) [NSW]

Schedule 1 Amendment of Walcha Local Environmental Plan 2012

(5)

This clause does not apply:

(a)	in relation to the subdivision of individual lots in a strata plan or a community title scheme, or
(b)	if the subdivision would create a lot that could itself be subdivided in accordance with clause 4.1.