Wollondilly Local Environmental Plan 2011 (Amendment No 27) (2018-75) LW 2 March 2018 (NSW)

New South Wales

Wollondilly Local Environmental Plan 2011

(Amendment No 27)

under the

Environmental Planning and Assessment Act 1979

The Greater Sydney Commission makes the following local environmental plan under the

Environmental Planning and Assessment Act 1979.

LUKE JOHNSON, GENERAL MANAGER, WOLLONDILLY SHIRE COUNCIL

As delegate for the Greater Sydney Commission

Wollondilly Local Environmental Plan 2011 (Amendment No 27)

under the

Environmental Planning and Assessment Act 1979

1      Name of Plan

This Plan is Wollondilly Local Environmental Plan 2011 (Amendment No 27).

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 within the following zones under the Wollondilly Local

Environmental Plan 2011:

(a)	Zone RU1 Primary Production,
(b)	Zone RU2 Rural Landscape,
(c)	Zone RU4 Primary Production Small Lots,
(d)	Zone R2 Low Density Residential,
(e)	Zone R3 Medium Density Residential,
(f)	Zone R5 Large Lot Residential,
(g)	Zone E4 Environmental Living.

Schedule 1

Amendment of Wollondilly Local Environmental

Plan 2011

[1]      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 community title schemes comply with the Council’s minimum lot sizes,
(b)	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 R2 Low Density Residential,
(e)	Zone R3 Medium Density Residential,
(f)	Zone R5 Large Lot Residential,
(g)	Zone E4 Environmental Living.

(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.

[2]      Clause 4.2B

Insert after clause 4.2A:

4.2B

Boundary adjustments of land in certain rural, residential and environmental

protection zones

(1)	The objective of this clause is to facilitate boundary adjustments between lots where one or more resultant lots do not meet the minimum lot size shown on the Lot Size Map in relation to that land but the objectives of the relevant zone can be achieved.
(2)	This clause applies to land in 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,
(e)	Zone E4 Environmental Living.

(3)

Despite clause 4.1, development consent may be granted to subdivide land to which this clause applies by way of a boundary adjustment between adjoining lots where one or more resultant lots do not meet the minimum lot size shown on the Lot Size Map in relation to that land, if the consent authority is satisfied that:

(a)	the subdivision will not create additional lots, and
(b)	the number of dwellings or opportunities for dwellings on each lot after the subdivision will be the same as before the subdivision, and
(c)	the subdivision is appropriate, having regard to the natural and physical constraints affecting the land, and
(d)	the subdivision will not adversely affect the provision of existing services on a lot, and
(e)	the subdivision will not result in any increased fire risk to existing buildings, and
(f)	the subdivision will not adversely affect threatened species or ecological communities or native vegetation corridors.

(4)

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 can itself be subdivided in accordance with clause 4.1.