Wingecarribee Local Environmental Plan 2010 (Amendment No 45) (2018-382) LW 13 July 2018 (NSW)

New South Wales

Wingecarribee Local Environmental Plan

2010 (Amendment No 45)

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.

MARK PEPPING

As delegate for the local plan-making authority

Wingecarribee Local Environmental Plan 2010 (Amendment

No 45)

under the

Environmental Planning and Assessment Act 1979

1      Name of Plan

This Plan is Wingecarribee Local Environmental Plan 2010 (Amendment No 45).

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 the land to which Wingecarribee Local Environmental Plan

2010 applies.

4      Maps

The maps adopted by Wingecarribee Local Environmental Plan 2010 are amended or replaced, as the case requires, by the maps approved by the local plan-making authority on the making of this Plan.

Schedule 1

Amendment of Wingecarribee Local

Environmental Plan 2010

[1]      Land Use Table

Omit “Educational establishments;” from item 4 of the matter relating to Zone B5 Business

Development.

[2]      Land Use Table, Zone SP3 Tourist

Insert in alphabetical order in item 3:

Agricultural produce industries;

Extensive agriculture;

Intensive plant agriculture;

[3]      Land Use Table, Zone SP3 Tourist

Omit “Farm buildings;” from item 4.

[4]      Clause 4.1AA

Omit the clause. Insert instead:

4.1AA	Minimum subdivision lot size for community title schemes
(1) The objectives of this clause are as follows:

(a) to ensure that land to which this clause applies is not fragmented by subdivisions that would create additional dwelling entitlements.

(2)

This clause applies to a subdivision (being a subdivision that requires development consent) under the Community Land Development Act 1989 of land in any of the following zones:

(a)	Zone RU1 Primary Production,
(b)	Zone RU2 Rural Landscape,
(c)	Zone RU4 Primary Production Small Lots,
(d)	Zone R5 Large Lot Residential,

but does not apply to a subdivision by the registration of a strata plan.

(3)

The size of any lot resulting from a subdivision of land to which this clause applies (other than any lot comprising association property within the meaning of the Community Land Development Act 1989) is not to be less than the minimum size shown on the Lot Size Map in relation to that land.

(4)

This clause applies despite clause 4.1.

4.1A

Minimum subdivision lot size for strata plan schemes in certain rural and

residential zones

(1)	The objective of this clause is to ensure that land to which this clause applies is not fragmented by subdivisions that would create additional dwelling entitlements.
(2)	This clause applies to land in the following zones that is used, or is proposed to be used, for residential accommodation or tourist and visitor accommodation:

(a)	Zone RU1 Primary Production,
(b)	Zone RU2 Rural Landscape,
(c)	Zone RU4 Primary Production Small Lots,
(d)	Zone R5 Large Lot Residential.

(3)	The size of any lot resulting from a subdivision of land to which this clause applies for a strata plan scheme (other than any lot comprising common property within the meaning of the Strata Schemes Development Act 2015) is not to be less than the minimum size shown on the Lot Size Map in relation to that land.
Note. Part 6 of State Environmental Planning Policy (Exempt and Complying
Development Codes) 2008 provides that strata subdivision of a building in certain
circumstances is specified complying development.

[5]      Clause 4.2A Erection of dwelling houses and dual occupancies on land in certain rural and environment protection zones

Insert after clause 4.2A (3) (ab):

(ac) a lot resulting from a subdivision permitted under clause 4.6, or

[6]      Clause 4.2B Boundary changes between lots in certain rural, residential and environment protection zones

Insert “if each lot is at least 2 hectares before the subdivision—” before “a lot” in clause 4.2B (3) (c).

[7]      Clause 7.3 Earthworks

Omit “800” from clause 7.3 (2) (a). Insert instead “600”.

[8]      Clause 7.3 (2A)

Insert after clause 7.3 (2):

(2A)

Despite subclause (2), development consent is required for earthworks:

(a)	carried out on land identified as “Flood Planning Area” on the Flood Planning Area Map, or
(b)	involving an area greater than 2,500 square metres on land to which

State Environmental Planning Policy (Sydney Drinking Water

Catchment) 2011 applies.

[9]      Clause 7.9 Flood planning

Omit the definition of Flood Planning Area Map from clause 7.9 (5).

[10]      Dictionary

Insert in alphabetical order:

Flood Planning Area Map means the Wingecarribee Local Environmental

Plan 2010 Flood Planning Area Map.