Yass Valley Local Environmental Plan 2013 (Amendment No 1) (2016-508) LW 12 August 2016 (NSW)

New South Wales

Yass Valley Local Environmental Plan 2013

(Amendment No 1)

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.

DAVID ROWE, GENERAL MANAGER, YASS VALLEY COUNCIL

As delegate for the Minister for Planning

Yass Valley Local Environmental Plan 2013 (Amendment No 1)

under the

Environmental Planning and Assessment Act 1979

1      Name of Plan

This Plan is Yass Valley Local Environmental Plan 2013 (Amendment No 1).

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 in the following zones under Yass Valley Local

Environmental Plan 2013:

(a)	Zone RU1 Primary Production,
(b)	Zone RU2 Rural Landscape,
(c)	Zone RU4 Primary Production Small Lots,
(d)	Zone E3 Environmental Management,
(e)	Zone E4 Environmental Living.

Schedule 1

Amendment of Yass Valley Local Environmental

Plan 2013

[1]      Clause 4.1B Subdivision using average lot sizes

Omit clause 4.1B (3). Insert instead:

(3)

Despite clause 4.1, development consent may be granted to subdivide land in

Zone RU1 Primary Production or Zone RU2 Rural Landscape if:

(a)	the average area of all the lots created will be at least 40 hectares, and
(b)	none of the lots created will have an area of less than 20 hectares, and
(c)	none of the lots created will have an area greater than 70 hectares.

Note. Under clause 4.1, a subdivision can create a lot with an area greater than

70 hectares.

[2]      Clause 4.1C

Insert after clause 4.1B:

4.1C

Additional requirements for subdivision in certain rural zones

(1)	The objectives of this clause are to enable appropriate subdivision of land to which this clause applies having regard to topographical constraints, agricultural productivity, biodiversity values and environmental impact.
(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.

(3)

Development consent must not be granted for the subdivision of land to which

this clause applies unless the consent authority is satisfied that:

(a)	the pattern of lots created by the subdivision and the location of any future buildings on the land are not likely to have a detrimental impact on any riparian land, watercourses or biodiversity values, or exacerbate existing erosion or salinity processes, and
(b)	the subdivision layout has regard to protecting areas of remnant vegetation and will minimise the need for clearing vegetation for any future buildings, accessways, fences and any associated asset protection zones, and
(c)	the pattern of lots will not significantly increase access to a watercourse for stock and domestic purposes, and
(d)	the subdivision will not adversely affect the use of the land and surrounding land for agriculture.

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

Insert after clause 4.2B (6):

(7) Despite subclauses (3) and (6), development consent may be granted for the erection of a dwelling house to create a dual occupancy on land to which this clause applies if there is a lawfully erected dwelling house on the land.