Wollondilly Local Environmental Plan 1991 (Amendment No 43) (2002-871) [GG No 225 of 22.11.2002, p 9941] (NSW)

2002 No 871

New South Wales

Wollondilly Local Environmental Plan

1991 (Amendment No 43)

under the

Environmental Planning and Assessment Act 1979

I, the Minister for Planning, make the following local environmental plan under the Environmental Planning and Assessment Act 1979. (P02/00258/S69)

ANDREW REFSHAUGE, M.P.,

Minister for Planning

Published in Gazette No 225 of 22 November 2002, page 9941	Page 1
2002 No 871

Clause 1 Wollondilly Local Environmental Plan 1991 (Amendment No 43)

Wollondilly Local Environmental Plan 1991

(Amendment No 43)

under the

Environmental Planning and Assessment Act 1979

1      Name of plan

This plan is Wollondilly Local Environmental Plan 1991

(Amendment No 43).

2      Aims of plan

This plan aims to amend Wollondilly Local Environmental

Plan 1991 (the 1991 plan):

(a)	to introduce new definitions into the 1991 plan relating to residential development (namely, granny flat, multiple dwelling and reticulated sewerage scheme) and to disapply the definition of residential flat building as adopted in the 1991 plan, and
(b)	to permit multiple dwellings within the residential zones under the 1991 plan only where a reticulated sewerage scheme is available, and
(c)	to provide for minimum allotment sizes for subdivision of residential land in areas which are not serviced by a reticulated sewerage scheme.

3      Land to which plan applies

This plan applies to all land within the local government area of

Wollondilly under Wollondilly Local Environmental Plan 1991.

4 Amendment of Wollondilly Local Environmental Plan 1991

Wollondilly Local Environmental Plan 1991 is amended as set out in Schedule 1.

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2002 No 871

Wollondilly Local Environmental Plan 1991 (Amendment No 43)

Amendments	Schedule 1
Schedule 1 Amendments

(Clause 4)

[1]      Clause 2 Aims, objectives etc

Insert after clause 2 (o):

, and

(p) to provide for a diversity of well-located housing types within the local government area of Wollondilly.

[2]      Clause 6 Definitions

Insert in alphabetical order in clause 6 (1):

granny flat means the smaller of two dwellings in the curtilage of a dwelling-house, being a dwelling the gross floor area of which is no greater than 60 square metres and where at least one of the dwellings is occupied by the owner of the allotment on which the dwellings stand.

multiple dwelling means two or more dwellings on an allotment of land, but does not include a dwelling-house that contains a granny flat.

reticulated sewerage scheme means a system of trunks, mains and sewerage pumping systems used to transport sewerage from premises to treatment plants.

[3]      Clause 6 (1), definition of “home activity”

Omit “residential flat building”. Insert instead “multiple dwelling”.

[4]      Clause 6 (1), definition of “home occupation”

Omit “multi unit housing”. Insert instead “a multiple dwelling”.

[5]      Clause 7 Adoption of Model Provisions 1980

Insert “, residential flat building” after “map”.

[6]      Clause 10 Zone objectives and development control table

Insert “granny flats;” in alphabetical order in item 4 of the matter relating to Zones Nos 1 (a), 1 (a1), 1 (a2), 1 (a3), 1 (b), 1 (c1) (i), 1 (c1) (ii), 1 (c1) (iii), 1 (c2), 4 (a), 4 (c), 7 (c) and 7 (d) in the Table to the clause.

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2002 No 871

Wollondilly Local Environmental Plan 1991 (Amendment No 43)

Schedule 1 Amendments

[7]      Clause 10, Table

Omit “residential flat buildings;” wherever occurring in item 4 of the matter relating to Zones Nos 1 (a), 1 (a1), 1 (a2), 1 (a3), 1 (b), 1 (c1) (i), 1 (c1) (ii), 1 (c1) (iii), 1 (c2), 4 (a), 4 (c), 7 (c) and 7 (d).

Insert instead “multiple dwellings;”.

[8]      Clause 10, Table

Omit “dwellings (other than those” from item 4 of the matter relating to

Zone No 3 (a).

Insert instead “dwellings or multiple dwellings (other than dwellings or multiple dwellings”.

[9]      Clause 12AAA

Insert after clause 12:

12AAA Subdivision of land in Zones Nos 2 (a) and 2 (d)

Land within Zone No 2 (a) or 2 (d) which is not serviced by a reticulated sewerage scheme must not be subdivided, unless each separate allotment so created will have an area of not less than 975 square metres.

[10]      Clause 14B

Insert after clause 14A:

14B Multiple dwellings

The council must not consent to the carrying out of development for the purpose of multiple dwellings unless each separate allotment is serviced by a reticulated sewerage scheme.

[11]      Clause 16 Advertising of certain applications

Omit “residential flat building” from clause 16 (1) (a).

Insert instead “multiple dwelling comprising 3 or more dwellings”.

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2002 No 871

Wollondilly Local Environmental Plan 1991 (Amendment No 43)

Amendments Schedule 1

[12]      Clause 45

Insert in appropriate order:

45 Development of unsewered land

The council must not consent to the carrying out of development on unsewered land unless the applicant demonstrates that the land is capable of supporting the development having regard to the capability of the soil for effluent disposal and buffer distances to watercourses and drainage depressions.

BY AUTHORITY

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