Wingecarribee Local Environmental Plan 2010 (Amendment No 57) (2020-709) LW 4 December 2020 (NSW)

New South Wales

Wingecarribee Local Environmental Plan

2010 (Amendment No 57)

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, DEPUTY GENERAL MANAGER, CORPORATE, STRATEGY AND

DEVELOPMENT SERVICES

WINGECARRIBEE SHIRE COUNCIL

As delegate for the local plan-making authority

Wingecarribee Local Environmental Plan 2010 (Amendment No 57) [NSW]

Wingecarribee Local Environmental Plan 2010 (Amendment No

57)

under the

Environmental Planning and Assessment Act 1979

1      Name of Plan

This Plan is Wingecarribee Local Environmental Plan 2010 (Amendment No 57).

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 Wingecarribee Local Environmental Plan 2010 applies.

Wingecarribee Local Environmental Plan 2010 (Amendment No 57) [NSW] Schedule 1 Amendment of Wingecarribee Local Environmental Plan 2010

Schedule 1

Amendment of Wingecarribee Local

Environmental Plan 2010

[1]      Clause 2.8 Temporary use of land

Insert after clause 2.8(5)—

(6)

Despite subclause (2), development consent may not be granted under that

subclause for development for the purposes of function centres.

[2]      Land Use Table

Insert “Artisan food and drink industries;” in alphabetical order in item 3 of the matter relating to Zones RU1, RU2, RU4 and SP3.

[3]      Land Use Table, Zone RU2 Rural Landscape

Insert “Function centres;” in alphabetical order in item 3.

[4]      Clause 5.4 Controls relating to miscellaneous permissible uses

Omit “3” from clause 5.4(1). Insert instead “5”.

[5]      Clause 5.4(5)

Omit “3”. Insert instead “8”.

[6]      Clause 5.19A

Insert after clause 5.19—

5.19A	Function centres
(1) The objectives of this clause are as follows—

(a)	to provide appropriate opportunities for development for functions and conferences, including weddings and corporate retreats,
(b)	to provide for function centres that are sensitively located and designed so as not to adversely impact on the agricultural production, natural resources, ecological values or visual, scenic, environmental or residential amenity values of land on which development for the purposes of function centres is carried out,
(c)	to minimise risk to life, property and the environment from bushfire events.

(2)

The consent authority must not grant development consent to development for the purposes of a function centre unless the consent authority is satisfied the development—

(a)	will not result in the clearing of native vegetation, and
(b)	will be carried out having regard to the management of biodiversity outcomes set out in a biodiversity assessment report, and
(c)	will complement the rural or environmental attributes of the land and its surrounds, and
(d)	will not adversely affect the agricultural productivity of adjoining land, and
(e)	will not adversely affect the amenity of the neighbourhood, and
(f)	will be serviced by adequate access roads taking into account the scale of the development, and

Wingecarribee Local Environmental Plan 2010 (Amendment No 57) [NSW] Schedule 1 Amendment of Wingecarribee Local Environmental Plan 2010

(g)	will provide for access to adequate wastewater systems to service the land without having an adverse impact on the water quality of the area, and
(h)	will have adequate provision for stormwater management measures to service the land without having an adverse impact on the water quality of the area, and

(i)      if the function centre has a gross floor area of more than 500 square metres—will not be carried out in an isolated area that is accessed by traversing—

(i)	through rugged and heavily timbered country, or
(ii)	along bushland for more than 200 metres on a dead-end road, and

(j)

will address the potential impacts of bushfires and floods, and

(k)

will not create a land use conflict due to visual impact or impact on noise, traffic, privacy or other amenities, and

(l)

will provide for, or will be subject to a management strategy for minimising the development’s impact on the natural environment or neighbourhood amenity that will provide for, the following—

(i)	measures to remove threats of serious or irreversible environmental damage,
(ii)	mechanisms for monitoring and reviewing the effect of the development on the amenity of the neighbourhood, including impact on noise or traffic.

(3)

In this clause—

biodiversity assessment report has the same meaning as in the Biodiversity

Conservation Act 2016.