Wingecarribee Local Environmental Plan 2010 (Amendment No 18) (2014-246) LW 2 May 2014 (NSW)

New South Wales

Wingecarribee Local Environmental Plan

2010 (Amendment No 18)

under the

Environmental Planning and Assessment Act 1979

I, the Minister for Planning and Infrastructure, make the following local environmental plan under the Environmental Planning and Assessment Act 1979.

MARK PEPPING, GROUP MANAGER STRATEGIC AND ASSETS,

WINGECARRIBEE SHIRE COUNCIL

As delegate for the Minister for Planning and Infrastructure

Wingecarribee Local Environmental Plan 2010 (Amendment

No 18)

under the

Environmental Planning and Assessment Act 1979

1      Name of Plan

This Plan is Wingecarribee Local Environmental Plan 2010 (Amendment No 18).

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 all land to which Wingecarribee Local Environmental Plan 2010 applies.

Schedule 1

Amendment of Wingecarribee Local

Environmental Plan 2010

Clause 4.2B

Insert after clause 4.2A:

4.2B

Boundary changes between lots in certain rural, residential and environment

protection zones

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

(a)	Zone RU1 Primary Production,
(b)	Zone RU2 Rural Landscape,
(c)	Zone RU3 Forestry,
(d)	Zone RU4 Primary Production Small Lots,
(e)	Zone R5 Large Lot Residential,
(f)	Zone E2 Environmental Conservation,
(g)	Zone E3 Environmental Management,
(h)	Zone E4 Environmental Living.

(3)

Despite clause 4.1 (3), development consent may be granted to the subdivision of 2 adjoining lots, being land to which this clause applies, if the subdivision is of a lot that is less than 2 hectares and will not result in any of the following:

(a)	an increase in the number of lots,
(b)	an increase in the number of dwelling houses, secondary dwellings or dual occupancies on, or dwelling houses, secondary dwellings or dual occupancies 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 on 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.

(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.