Wellington Local Environmental Plan 2012 (Amendment No 3) (2020-438) LW 24 July 2020 (NSW)

New South Wales

Wellington Local Environmental Plan 2012

(Amendment No 3)

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.

DAMIEN PFEIFFER

As delegate for the Minister for Planning and Public Spaces

Wellington Local Environmental Plan 2012 (Amendment No 3) [NSW]

Wellington Local Environmental Plan 2012 (Amendment No 3)

under the

Environmental Planning and Assessment Act 1979

1      Name of Plan

This Plan is Wellington Local Environmental Plan 2012 (Amendment No 3).

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 to which Wellington Local Environmental Plan 2012 applies.

4      Maps

The maps adopted by Wellington 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.

Wellington Local Environmental Plan 2012 (Amendment No 3) [NSW]

Schedule 1 Amendment of Wellington Local Environmental Plan 2012

Schedule 1

Amendment of Wellington Local Environmental

Plan 2012

[1]      Clause 2.8 Temporary use of land

Omit “28” from clause 2.8(2). Insert instead “182”.

[2]      Land Use Table

Insert “Secondary dwellings;” in alphabetical order in item 3 of the matter relating to Zone

RU1 Primary Production.

[3]      Land Use Table, Zone R5 Large Lot Residential

Omit “Dual occupancies;” from item 3. Insert instead “Dual occupancies (attached);”.

[4]      Clause 4.1 Minimum subdivision lot size

Insert after clause 4.1(4A)—

(4B)

Despite subclause (3), the size of any lot resulting from a subdivision of land in Zone RU5 Village, Zone R1 General Residential or Zone R2 Low Density Residential may be less than the minimum lot size shown on the Lot Size Map in relation to that land if—

(a)	the land is connected to a sewage reticulation system, and
(b)	development consent has been granted in respect of the subdivision for the purpose of multi dwelling housing or a dual occupancy.

[5]      Clause 4.1AA Minimum subdivision lot size for community title schemes

Omit clause 4.1AA(2)(c). Insert instead—

(c)	Zone RU5 Village,
(d)	Zone R1 General Residential,
(e)	Zone R2 Low Density Residential,
(f)	Zone R5 Large Lot Residential,
(g)	Zone E3 Environmental Management,

[6]      Clause 4.2D

Insert after clause 4.2C—

4.2D

Exceptions to minimum subdivision lot sizes for certain rural subdivisions

(1)	The objective of this clause is to permit the subdivision of land in rural areas to create lots of an appropriate size to meet the needs of current permissible uses other than for the purpose of residential accommodation or tourist and visitor accommodation.
(2)	This clause applies to land in the following rural zones—

(a)	Zone RU1 Primary Production,
(b)	Zone RU3 Forestry,
(c)	Zone RU4 Primary Production Small Lots.

(3) Land to which this clause applies may, with development consent, be subdivided to create a lot of a size that is less than the minimum size shown on the Lot Size Map in relation to that land, if the consent authority is satisfied that the use of the land after the subdivision will be the same use (other than

Wellington Local Environmental Plan 2012 (Amendment No 3) [NSW]

Schedule 1 Amendment of Wellington Local Environmental Plan 2012

residential accommodation or tourist and visitor accommodation) permitted

under the existing development consent for the land.

(4)

Development consent must not be granted for the subdivision of land to which

this clause applies unless the consent authority is satisfied that—

(a)	the subdivision will not adversely affect the use of the surrounding land for agriculture, and
(b)	the subdivision is necessary for the ongoing operation of the permissible use, and
(c)	the subdivision will not cause or increase rural land uses conflict in the locality, and
(d)	the subdivision is appropriate having regard to the natural and physical constraints affecting the land.

[7]      Clause 5.4 Control relating to miscellaneous permissible uses

Omit “12” from clause 5.4(5). Insert instead “15”.

[8]      Clause 5.4(7)

Omit “100”. Insert instead “150”.

[9]      Clause 6.1 Flood planning

Omit the definition of land at or below the flood planning level from clause 6.1(5).

Insert instead—

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

interval) flood event plus 0.5 metre freeboard.

[10]      Schedule 5 Environmental heritage

Insert in appropriate order in Part 1—

Euchareena Nubrygyn Inn and 2531 Euchareena Lot 1, DP 770849 State I159

Cemetery Road

[11]      Schedule 5, Part 1, item I110

Omit “Lot 3, DP 742896”. Insert instead “Lot 92, DP 1226962”.

[12]      Schedule 5, Part 1, item I114

Omit the matter relating to the item.