Explanatory document

EXPLANATORY DOCUMENT

DRAFT MURRAY RIVER LEP 2021

Abstract This document is intended to be read in conjunction with the Draft Murray River Local Environmental Plan 2021. It has been created to provide explanation and clarity regarding the merging of the LEPs of the former Murray Shire Council and former Wakool Shire Council.

Document Control

Version Date Title Author Review Issued

1 10/11/2020 Explanatory Document Llyan Smith Melanie Squires 15/12/2020

2 06/01/2021 Explanatory Document Llyan Smith Melanie Squires 19/01/2021

Contents What is a Local Environmental Plan? ...... 4 Our current LEPs ...... 4 How have we created the draft Murray River LEP 2021? ...... 4 Important note ...... 4 Engagement ...... 5 Questions? ...... 5 Comparison between the former LEPs and the proposed draft ...... 5 Part 1 Preliminary ...... 5 Part 2 Permitted or prohibited development ...... 5 Land Use Tables ...... 5 Land Use Tables – comparison tables ...... 6 Zone RU1 Primary Production ...... 6 Zone RU3 Forestry ...... 6 Zone RU5 Village ...... 7 Zone R1 General Residential ...... 7 Zone R2 Low Density Residential ...... 8 Zone R5 Large Lot Residential ...... 8 Zone B2 Local Centre ...... 8 Zone B6 Enterprise Corridor ...... 9 Zone IN1 General Industrial ...... 10 Zone SP1 Special Activities ...... 10 Zone SP2 Infrastructure ...... 10 Zone SP3 Tourist ...... 10 Zone RE1 Public Recreation ...... 11 Zone RE2 Private Recreation...... 11 Zone E1 National Parks and Nature Reserves ...... 11 Zone E2 Environmental Conservation ...... 12 Zone E3 Environmental Management ...... 13 Zone W1 Natural Waterways ...... 13 Zone W2 Recreational Waterways ...... 14 Part 3 Exempt and complying development ...... 14 Part 4 Principal development standards ...... 14 4.1 Minimum subdivision lot size ...... 14 4.1AA Minimum subdivision lot size for community title schemes ...... 14 4.1A Minimum subdivision lot size for strata plan schemes in certain rural, residential and environmental zones ...... 14 4.1B Minimum subdivision lot sizes for certain split zones ...... 15

2 Murray River LEP 2021 EXPLANATORY DOCUMENT 4.1BB Minimum lot sizes for dual occupancies, multi dwelling housing and residential flat buildings ...... 15 4.2A Erection of dwelling houses on land in certain rural and environmental protection zones...... 15 4.2AA Replacement of dwelling houses or secondary dwelling which has been destroyed ...... 15 4.2B Rural workers’ dwellings ...... 15 4.2C Exceptions to minimum lot sizes for certain rural subdivisions ...... 16 4.2D Boundary adjustments in Zones RU1 and E3 ...... 16 Remaining Section of Part 4 ...... 16 Part 5 Miscellaneous provisions ...... 16 5.1 Relevant acquisition authority ...... 16 5.2 Classification and reclassification of public land ...... 16 5.3 Development near zone boundaries ...... 16 5.4 Controls relating to miscellaneous permissible uses ...... 16 Part 6 Urban release areas ...... 17 Part 7 Additional local provisions ...... 17 Schedule 1 Additional permitted uses ...... 17 Schedule 2 Exempt development ...... 17 Schedule 3 Complying development ...... 17 Schedule 4 Classification and reclassification of public land ...... 17 Schedule 5 Environmental heritage ...... 17 Schedule 6 Pond-based and tank-based aquaculture ...... 18 Dictionary ...... 18

3 Murray River LEP 2021 EXPLANATORY DOCUMENT What is a Local Environmental Plan? Local Environmental Plans (LEPs) guide planning decisions for local government areas. They do this through zoning and development controls, which provide a framework for the way land can be used. LEPs are the main planning tool to shape the future of communities and also ensure local development is done appropriately. Since 2006, LEPs have been drafted to fit within a common format with similar content; this is referred to as the ‘Standard Instrument’.

Our current LEPs Since our amalgamation in 2016, Murry River Council has operated two LEPs; the Murray Local Environmental Plan 2011 (Murray LEP) and the Wakool Local Environmental Plan 2013 (Wakool LEP). Each LEP is currently applied to the former Council areas, as legally required. While both LEPs are similar (set out to follow the Standard Instrument), they are not the same, with different standards and permitted/prohibited land uses set out in each LEP. For instance, some land uses are permitted with consent in a zone of one LEP however are prohibited in that same zone in the other LEP. Similarly, some standards under the same LEP clause are comparatively more restrictive in one LEP versus the other LEP. An example is found in ‘animal boarding and training establishments’ – the Wakool LEP permits this development (land use) with consent in the R5 Large Lot Residential Zone and RU5 Village zone, however, the same land use is prohibited in these same zones under the Murray LEP. Similarly, ‘secondary dwellings’ are permitted to have a floor area of up to 60m2 or 50% of the main dwelling under the Wakool LEP, whereas under the Murray LEP the maximum floor area is restricted to 60m2 or 20% - there are many more examples like this throughout the two documents. While we have been a merged Council since 2016, in many aspects we still experience a level of separation as a result of the two operating LEPs. Completing a merging Murray River LEP will help deliver a level of consistency across our whole Council area and assist to deliver positive planning outcomes.

How have we created the draft Murray River LEP 2021? We have made a direct comparison between each and every land use table, clause, definition and Schedule of each LEP to establish similarities, differences, and errors. From there, we have created the draft Murray River LEP 2021 which in general opts for the less restrictive option where differences have arisen. For instance, using the example of secondary dwelling provided earlier, the draft Murray River LEP proposes to adopt a standard which allows for a maximum 50% floor area rather than 20%. To reference the animal boarding and training land use example; animal boarding and training establishments will now be prohibited in the R5 and RU5 zones across Council. Where we have elected to adopt the more restrictive approach we have been guided by our experience and the advice of NSW Department of Planning, Industry and Environment (DPIE) regarding what is achievable from this merging LEP.

Important note It is important to note that this draft Murray River LEP cannot acheive amendments that require strategic justification or investigation. As such, amendments to standards relating to minimum lot size, setbacks from the river, rezoning of land (and similar) are unable to be proposed as part of this draft LEP. These items can and will be investigated as part of future amendments to the new LEP. This principal Murray River LEP is intended as an interim document to bring consistency to planning and development across Council in the short term. We will be drafting a new LEP which will address amendments to standards, zoning of land, and the like while we undertake significant strategy projects to inform and justify change. Please see the Murray River Local Strategic Planning Statement (available on Council’s website or by request) for information about upcoming strategy which will inform Council’s long-term future.

4 Murray River LEP 2021 EXPLANATORY DOCUMENT Engagement Following Council endorsement of the draft Murray River LEP 2021, we will be seeking feedback from you. Please keep an eye on Council’s website and our ‘Your Say’ page, for an invitation to provide comments and suggestions. It is anticipated that the ‘Your Say’ webpage and supporting material will be available early in the new year and will be available for comment for a minimum period of 28 days. We will provide media releases, social media posts, and the usual advertising to keep you updated about the consultation of the draft Murray River LEP 2021.

Questions? For further information or to pose questions or comments prior to the engagement period, please contact:

Llyan Smith Senior Town Planner (Strategic) 1300 087 004 [email protected]

Comparison between the former LEPs and the proposed draft To provide an account of how the new draft Murray River LEP 2021 compares to the former LEPs, each part, land use table and Schedule of the Murray River LEP 2021 has been explained below. Part 1 Preliminary This section is largely administrative and set by the Standard Instrument template. All references to the former LEPs have been replaced with ‘Murray River LEP 2021’. This section will formally repeal the Murray LEP and Wakool LEP. After this occurs, the Murray and Wakool LEPs will no longer be applied. Part 2 Permitted or prohibited development This section is largely administrative and set by the Standard Instrument template. All references to the former LEPs have been replaced with ‘Murray River LEP 2021’. This section will formally repeal the Murray LEP and Wakool LEP. Clause 2.8 Temporary use of Land has proposed the Wakool LEP standard, enabling temporary use of land for a maximum period of 52 days (whether or not consecutive days) in any period of 12 months. Land Use Tables Please see the tables below setting out the following for each zone: • Permitted without consent: • Permitted with consent • Prohibited You will notice that not all land uses specified in each land use table of the draft Murray River LEP 2021 are listed in each table below. For efficiency and ease of presentation, only inconsistencies between the two former land use tables for each zone have been addressed. For example: The draft ‘permitted with consent’ land use table for the RU1 Primary Production zone is as follows: Permitted without consent Environmental protection works; Extensive agriculture; Forestry; Home occupations; Intensive plant agriculture; Roads Environmental protection works, Extensive agriculture, Forestry, Home occupations, and Intensive plant agriculture were all listed in both former LEPs as ‘permitted without consent’. ‘Roads’ were listed in the

5 Murray River LEP 2021 EXPLANATORY DOCUMENT Wakool LEP as permitted without consent, however required consent under the former Murray LEP. As such the comparison land use table for the draft Murray River LEP 2021 RU1 zone is as follows: Permitted without consent

Land Use In Murray LEP 2011 In Wakool LEP 2013 In Draft Murray River LEP 2021 Roads No Yes Yes In addition, where the ‘permitted with consent’ table of a zone includes a reference to ‘any other development not specified in item 2 or 4’ land uses which were previously listed as ‘prohibited’ in one LEP but not the other will be captured as ‘permissible with consent’ unless otherwise stated.

Land Use Tables – comparison tables

Zone RU1 Primary Production 2 Permitted without consent

Land Use In Murray LEP 2011 In Wakool LEP 2013 In Draft Murray River LEP 2021 Roads No Yes Yes

3 Permitted with consent

Land Use In Murray LEP 2011 In Wakool LEP 2013 In Draft Murray River LEP 2021 Boat building and repair facilities Yes No Yes Camping grounds Yes No Yes Cemeteries Yes No Yes Correctional centres Yes No Yes Depots Yes No Yes Flood mitigation works Yes No Yes Freight transport facilities Yes No Yes Heavy industries Yes No Yes Home businesses Yes No Yes Home industries Yes No Yes Landscaping material supplies Yes No Yes Mooring pens Yes No Yes Moorings Yes No Yes Plant nurseries Yes No Yes Recreation facilities (major) Yes No Yes Recreation facilities (outdoor) Yes No Yes Research stations No Yes Yes Sewerage systems No Yes Yes Storage premises Yes No Yes Turf farming Yes No Yes Veterinary hospitals Yes No Yes

4 Prohibited Nil changes from former LEPs.

Zone RU3 Forestry 2 Permitted without consent Land Use In Murray LEP 2011 In Wakool LEP 2013 In Draft Murray River LEP 2021 Roads Yes No Yes

6 Murray River LEP 2021 EXPLANATORY DOCUMENT 3 Permitted with consent Nil changes from former LEPs.

4 Prohibited Nil changes from former LEPs.

Zone RU5 Village 2 Permitted without consent Land Use In Murray LEP 2011 In Wakool LEP 2013 In Draft Murray River LEP 2021 Roads No Yes Yes

3 Permitted with consent Land Use In Murray LEP 2011 In Wakool LEP 2013 In Draft Murray River LEP 2021 Cellar Door premises Yes No Yes Any other development not specified in item 2 or 4 Yes No Yes Land use table drafted as an ‘open’ rather than ‘closed’*.

*Note: An ‘open land use table’ is one which specifically lists what is permissible with consent however any other development not specifically listed is considered permitted with consent by use of the phrase “Any other development not specified in item 2 of 4”. A ‘closed land use table’ specifically lists what is prohibited and all other development not specifically listed is considered prohibited by use of the phrase “Any other development not specified in item 2 or 3”.

4 Prohibited Land Use In Murray LEP 2011 In Wakool LEP 2013 In Draft Murray River LEP 2021 Agriculture Yes No Yes Air transport facilities Yes No Yes Airstrips Yes No Yes Animal boarding or training establishments Yes No Yes Electricity generating works Yes No Yes Extractive industries Yes No Yes Forestry Yes No Yes Heavy industrial storage establishments Yes No Yes Open cut mining Yes No Yes Waste disposal facilities Yes No Yes Wharf or boating facilities Yes No Yes

Zone R1 General Residential 2 Permitted without consent Land Use In Murray LEP 2011 In Wakool LEP 2013 In Draft Murray River LEP 2021 Roads No Yes Yes 3 Permitted with consent Land Use In Murray LEP 2011 In Wakool LEP 2013 In Draft Murray River LEP 2021 Any other development not specified in item 2 or 4 Yes No Yes Land use table drafted as an ‘open’ rather that ‘closed’. 4 Prohibited Land Use In Murray LEP 2011 In Wakool LEP 2013 In Draft Murray River LEP 2021 Electricity generating works Yes No Yes Crematoria (water cremation) No No Yes - New proposed land use Land use table drafted as an ‘open’ rather that ‘closed’. No effectual changes other than those already addressed in Item 2, 3 and 4.

7 Murray River LEP 2021 EXPLANATORY DOCUMENT See the B2 Local Centre zone section of this document for discussion regarding ‘crematoria (water cremation). Electricity generating works (such as the installation of solar panels) may be achieved under the State Environmental Planning Policy (Infrastructure) 2007.

Zone R2 Low Density Residential The former Wakool LEP 2013 did not include an R2 Low Density Residential zone. As such, the Murray LEP 2011 land use table for R2 has been included in the Murray River LEP 2021 with minor amendment to correct the duplication of ‘home occupation’ (now only listed as permitted without consent)..

Zone R5 Large Lot Residential 2 Permitted without consent Land Use In Murray LEP 2011 In Wakool LEP 2013 In Draft Murray River LEP 2021 Roads No Yes Yes 3 Permitted with consent Land Use In Murray LEP 2011 In Wakool LEP 2013 In Draft Murray River LEP 2021 Any other development not specified in item 2 or 4 Yes No Yes Land use table drafted as an ‘open’ rather that ‘closed’. 4. Prohibited Land Use In Murray LEP 2011 In Wakool LEP 2013 In Draft Murray River LEP 2021 Animal boarding or training establishments Yes No Yes Crematoria (water cremation) No No Yes - New proposed land use Dual occupancies Yes No Yes

Zone B2 Local Centre 2 Permitted without consent Land Use In Murray LEP 2011 In Wakool LEP 2013 In Draft Murray River LEP 2021 Home occupations Yes No Yes Roads No Yes Yes 3 Permitted with consent Land Use In Murray LEP 2011 In Wakool LEP 2013 In Draft Murray River LEP 2021 Crematoria (water cremation) No No Yes - New proposed land use Any other development not specified in item 2 or 4 Yes No Yes Land use table drafted as an ‘open’ rather that ‘closed’. The traditional definition of crematorium is set out below: crematorium means a building in which deceased persons or pets are cremated, whether or not it contains an associated building for conducting memorial services.

These facilities are generally associated with cremation via burning and as such are preferably located within industrial zones based on potential pollution impacts. Cremation via alkaline hydrolysis does not involve burning and is not associated with the generation of pollution. In accordance with Clause 49 of the Public Health Regulation 2012:

cremation includes disposal of a body by alkaline hydrolysis.

crematory includes premises in which bodies are disposed of by alkaline hydrolysis

Based on the above, Council is proposing the inclusion of a new definition into the LEP, being:

8 Murray River LEP 2021 EXPLANATORY DOCUMENT Crematorium (water cremation facility) means a building in which deceased persons or pets are cremated by alkaline hydrolysis, whether or not it contains an associated building for conducting memorial services.

As this land use is considered less of an impact than tradition cremation, and more akin to the impact of a mortuary, we feel that this land use would be adequately suited to the B2 and B6 zones. Mortuaries are permitted with consent in the B2 and B6 zone and are defined by the LEP documents as follows: mortuary means premises that are used, or intended to be used, for the receiving, preparation, embalming and storage of bodies of deceased persons pending their interment or cremation.

4. Prohibited Land Use In Murray LEP 2011 In Wakool LEP 2013 In Draft Murray River LEP 2021 Residential accommodation Yes No Yes Sex services premises Yes No Yes Storage premises Yes No Yes Transport depots Yes No Yes Vehicle body repair workshops Yes No Yes Water recycling facilities Yes No Yes

Zone B6 Enterprise Corridor 2 Permitted without consent Land Use In Murray LEP 2011 In Wakool LEP 2013 In Draft Murray River LEP 2021 Roads No Yes Yes 3 Permitted with consent Land Use In Murray LEP 2011 In Wakool LEP 2013 In Draft Murray River LEP 2021

Crematoria (water cremation) No No Yes - New proposed land use Food and drink premises No Yes Yes Hostels No Yes Yes Neighbourhood shops No Yes Yes Office premises No Yes Yes Rural supplies No Yes Yes Takeaway food and drinik premises Yes No Yes Vehicle body repair workshops No No Yes A number of uses which were formally prohibited by the Murray LEP or Wakool LEP will be permissible with consent under the new Murray River LEP (captured by the open land use table). Vehicle body repair shops were also considered a suitable land use in the B6 zone, despite being prohibited by both the Murray and Wakool LEP. 4. Prohibited Land Use In Murray LEP 2011 In Wakool LEP 2013 In Draft Murray River LEP 2021 Camping Grounds No Yes Yes Crematoria No Yes Yes Eco-tourist facilities No Yes Yes Exhibition homes No Yes Yes Exhibition villages No Yes Yes Farm stay accommodation No Yes Yes Jetties No Yes Yes Marinas No Yes Yes Mooring pens No Yes Yes Moorings No Yes Yes Retail premises Yes No Yes Waste disposal facilities Yes No Yes Water recycling facilities Yes No Yes Wharf or boating facilities Yes No Yes

9 Murray River LEP 2021 EXPLANATORY DOCUMENT

Zone IN1 General Industrial 2 Permitted without consent Land Use In Murray LEP 2011 In Wakool LEP 2013 In Draft Murray River LEP 2021 Roads No Yes Yes 3 Permitted with consent Land Use In Murray LEP 2011 In Wakool LEP 2013 In Draft Murray River LEP 2021 Heliports Yes No Yes Highway service centres Yes No Yes Take away food and drink premises Yes No Yes Vehicle sales or hire premises Yes No Yes 4. Prohibited Land Use In Murray LEP 2011 In Wakool LEP 2013 In Draft Murray River LEP 2021 Boat launching ramps No Yes Yes Boat sheds No Yes Yes Cemeteries No Yes Yes Charter and tourism boating facilities No Yes Yes Forestry No Yes Yes Helipads Yes No Yes Information and education facilities Yes No Yes Marinas No Yes Yes Mooring pens No Yes Yes Moorings No Yes Yes Open cut mining No Yes Yes Wharf or boating facilities Yes No Yes

Zone SP1 Special Activities The former Wakool LEP 2013 did not include an SP1 Special Activities zone. As such, the Murray LEP 2011 land use table for SP1 has been included in the Murray River LEP 2021 without amendment.

Zone SP2 Infrastructure 2 Permitted without consent Nil changes proposed.

3 Permitted with consent Nil changes proposed

4. Prohibited Land Use In Murray LEP 2011 In Wakool LEP 2013 In Draft Murray River LEP 2021 Nil Yes No Yes

Zone SP3 Tourist The former Wakool LEP 2013 did not include an SP3 Tourist zone. As such, the Murray LEP 2011 land use table for SP3 has been included in the Murray River LEP 2021 without amendment.

10 Murray River LEP 2021 EXPLANATORY DOCUMENT Zone RE1 Public Recreation 2 Permitted without consent Nil changes proposed.

3 Permitted with consent Land Use In Murray LEP 2011 In Wakool LEP 2013 In Draft Murray River LEP 2021 Advertising structures Yes No Yes Caravan parks No Yes Yes Charter and tourism boating facilities Yes No Yes Eco-tourist facilities No Yes Yes Electricity generating works No Yes Yes Emergency services facilities No Yes Yes Flood mitigation works Yes No Yes Heliports No Yes Yes Jetties No Yes Yes Water recycling facilities No Yes Yes 4. Prohibited Nil changes proposed

Zone RE2 Private Recreation 2 Permitted without consent Nil changes proposed.

3 Permitted with consent Land Use In Murray LEP 2011 In Wakool LEP 2013 In Draft Murray River LEP 2021 Advertising structures Yes No Yes Airstrips Yes No Yes Amusement centres No Yes Yes Biosolids treatment facilities Yes No Yes Boat launching ramps No Yes Yes Boat sheds No Yes Yes Charter and tourism boating facilities No Yes Yes Electricity generating works No Yes Yes Emergency services facilities No Yes Yes Flood mitigation works Yes No Yes Jetties No Yes Yes Sewage treatment plants Yes No Yes

4. Prohibited Land Use In Murray LEP 2011 In Wakool LEP 2013 In Draft Murray River LEP 2021 Bed and breakfast accommodation No Yes No Farm stay accommodation No Yes No Both bed and breakfast accommodation, and farm stay accommodation were specifically prohibited in the Wakool LEP 2013, however captured as permitted with consent under the Murray LEP 2011. As such, it is proposed that both bed and breakfast accommodation, and farm stay accommodation be permitted with consent under the Murray River LEP 2021 (captured under the Tourist and visitor accommodation land use).

Zone E1 National Parks and Nature Reserves 2 Permitted without consent Nil changes proposed.

11 Murray River LEP 2021 EXPLANATORY DOCUMENT

3 Permitted with consent Nil changes proposed.

4. Prohibited Nil changes proposed.

Zone E2 Environmental Conservation The former Murray LEP 2011 did not include an E2 Environmental Conservation zone. As such, the Wakool LEP 2013 land use table for E2 has been included in the Murray River LEP 2021 with minor amendments, as detailed below. 2 Permitted without consent Land Use In Murray LEP 2011 In Wakool LEP 2013 In Draft Murray River LEP 2021 Environmental protection works NA Yes No Nil NA No Yes Based on the environmental considerations associated with retaining wall development on riverbanks (a form of environmental protection works) staff do not feel that such works should be completed without consent of Council. This aligns with all other zones within the Murray River LEP 2021. 3 Permitted with consent Land Use In Murray LEP 2011 In Wakool LEP 2013 In Draft Murray River LEP 2021 Environmental protection works NA No Yes 4. Prohibited Land Use In Murray LEP 2011 In Wakool LEP 2013 In Draft Murray River LEP 2021 Multi dwelling housing NA Yes Yes Residential accommodation NA Yes Yes Residential flat building NA Yes Yes Seniors Housing NA Yes Yes We have included ‘residential accommodation’ as prohibited development. Residential accommodation is defined as: residential accommodation means a building or place used predominantly as a place of residence, and includes any of the following—

(a) attached dwellings,

(b) boarding houses,

(c) dual occupancies,

(d) dwelling houses,

(e) group homes,

(f) hostels,

(g) multi dwelling housing,

(h) residential flat buildings,

(i) rural workers’ dwellings,

(j) secondary dwellings,

(k) semi-detached dwellings,

(l) seniors housing,

(m) shop top housing, but does not include tourist and visitor accommodation or caravan parks.

12 Murray River LEP 2021 EXPLANATORY DOCUMENT All of the land uses captured by ‘residential accommodation’ were in effect previously prohibited under the Wakool LEP by use of the phrase “Any other development not specified in item 2 or 3”. As such, Multi dwelling housing, Residential flat buildings, and Seniors housing; remain prohibited however have been replaced in the land use table by the parent definition (residential accommodation).

Zone E3 Environmental Management The former Wakool LEP 2013 did not include an E3 Environmental Management zone. 2 Permitted without consent Land Use In Murray LEP 2011 In Wakool LEP 2013 In Draft Murray River LEP 2021 Home occupations Yes NA Yes Extensive Agriculture Yes NA No Extensive agriculture has been removed from this section and captured instead in the ‘permitted with consent’ table. We feel this better achieves with the objectives of the zone, and also aligns with the E2 Environmental Conservation zone land use table.

3 Permitted with consent Land Use In Murray LEP 2011 In Wakool LEP 2013 In Draft Murray River LEP 2021 Extensive Agriculture No NA Yes Wharf or boating facilities No NA Yes ‘Wharf and boating facilities’ were previously prohibited in the E3 Environmental Management Zone. We have proposed that this use instead be permitted with consent based on the similarity with other permitted land uses including moorings, mooring pens, marinas, jetties, kiosks, water recreation structures. We feel that wharf and boating facilities pose no greater impact than these other permitted uses.

4. Prohibited Land Use In Murray LEP 2011 In Wakool LEP 2013 In Draft Murray River LEP 2021 Wharf and boating facilities Yes NA No

Zone W1 Natural Waterways 2 Permitted without consent Land Use In Murray LEP 2011 In Wakool LEP 2013 In Draft Murray River LEP 2021 Nil Yes No Yes 3 Permitted with consent Land Use In Murray LEP 2011 In Wakool LEP 2013 In Draft Murray River LEP 2021 Boat building and repair facilities No No Yes Boat sheds Yes No Yes Building identification signs Yes No Yes Business identification signs Yes No Yes Charter and tourism boating facilities No No Yes Community facilities Yes No Yes Emergency services facilities No Yes Yes Environmental protection works Yes No Yes Flood mitigation works Yes No Yes Jetties Yes No Yes Mooring pens Yes No Yes Moorings Yes No Yes Research stations Yes No Yes Roads Yes No Yes Water recycling facilities No Yes Yes Water supply systems Yes No Yes

13 Murray River LEP 2021 EXPLANATORY DOCUMENT ‘Boat building and repair facilities’ and ‘charter and tourism facilities’ were previously prohibited in the W1 Natural Waterways Zone. We have proposed that these uses instead be permitted with consent based on an assessment of equivalent impact for other permitted uses. 4. Prohibited Land Use In Murray LEP 2011 In Wakool LEP 2013 In Draft Murray River LEP 2021 Boat launching ramps No Yes Yes Zone W2 Recreational Waterways 2 Permitted without consent Land Use In Murray LEP 2011 In Wakool LEP 2013 In Draft Murray River LEP 2021 Nil Yes No Yes

3 Permitted with consent Land Use In Murray LEP 2011 In Wakool LEP 2013 In Draft Murray River LEP 2021 Boat building and repair facilities Yes No Yes Building identification signs Yes No Yes Community facilities No Yes Yes Emergency services facilities No Yes Yes Environmental protection works Yes No Yes Flood mitigation works Yes No Yes Heliports Yes No Yes Research stations No Yes Yes Roads Yes No Yes Water recycling facilities No Yes Yes

4. Prohibited Nil changes proposed. Part 3 Exempt and complying development This section is largely administrative and set by the Standard Instrument template. No significant changes have been proposed.

Part 4 Principal development standards 4.1 Minimum subdivision lot size There has been an amendment to objectives of this Section to reflect the outcomes of both former LEPs.

4.1AA Minimum subdivision lot size for community title schemes There has been an amendment to objectives of this Section to reflect the outcomes of both former LEPs. The zoning reference has also been updated to reflect all applicable zones of the two former Councils.

4.1A Minimum subdivision lot size for strata plan schemes in certain rural, residential and environmental zones The zoning reference has been updated to reflect all applicable zones of the two former Councils.

14 Murray River LEP 2021 EXPLANATORY DOCUMENT 4.1B Minimum subdivision lot sizes for certain split zones This Section did not form part of the Wakool LEP, however was included in the Murray LEP. This Section has been adopted as originally drafted in the Murray LEP.

4.1BB Minimum lot sizes for dual occupancies, multi dwelling housing and residential flat buildings This Section did not form part of the Murray LEP, however, was included in the Wakool LEP. This Section has not been carried through to the draft Murray River LEP 2021.

4.2A Erection of dwelling houses on land in certain rural and environmental protection zones There has been minor amendment to the wording of this Section to reflect the outcomes of both former LEPs. The zoning reference has also been updated to reflect all applicable zones of the two former Councils. As existing holdings are no longer recognised under either the Murray or Wakool LEPs, all reference to existing holdings has also been removed.

4.2AA Replacement of dwelling houses or secondary dwelling which has been destroyed This is a new clause proposed to better facilitate the replacement of dwellings and secondary dwellings which have been destroyed. Council have previously utilised Clause 4.2A(5) to replace destroyed dwellings, applying our interpretation of the intent of the clause, rather than the legal wording which requires the dwelling to be ‘existing’. Staff feel that this new clause will provide applicants with a clear path for replacement housing and remove the grey area associated with applying Clause 4.2A(5). The proposed new clause is set out below:

(1) The objective of this clause is to enable the repair or replacement of lawfully erected dwelling houses and secondary dwellings that have been damaged or destroyed. (2) This clause applies to land in all zones. (3) Despite any other provision of this Plan, development consent may be granted to development on land to which this clause applies to enable a dwelling house or secondary dwelling that has been damaged or destroyed to be repaired or replaced if— (a) the dwelling house or secondary dwelling was lawfully erected, or erected prior to a time when formal consent was required, and (b) the development application seeking the development consent is made to the consent authority no later than 5 years after the day on which damage or destruction occurred. Note— Nothing in this clause limits Council’s capacity to assess and determine an application against the requirements of Part 7 of this Plan. Council may require that a replacement dwelling or secondary dwelling permitted with consent under this clause be rebuilt at a location different to that of the original development which was destroyed. Council may require that documentary evidence be provided to support the existence of the original dwelling or secondary dwelling sought to be replaced under this clause.

4.2B Rural workers’ dwellings This Section relating to rural workers’ dwellings did not form part of the Wakool LEP, however, was included in the Murray LEP. This Section has been adopted as originally drafted in the Murray LEP 2011. The former 4.2B section of the Wakool LEP 2013 ‘Subdivision for the purposes of intensive plant agriculture’ has not been carried through to the draft Murray River LEP 2021.

15 Murray River LEP 2021 EXPLANATORY DOCUMENT

4.2C Exceptions to minimum lot sizes for certain rural subdivisions This Section did not form part of the Wakool LEP, however, was included in the Murray LEP. This Section has been adopted as originally drafted in the Murray LEP.

4.2D Boundary adjustments in Zones RU1 and E3 This Section did not form part of the Wakool LEP, however, was included in the Murray LEP. This Section has been adopted as originally drafted in the Murray LEP.

Remaining Section of Part 4 The remaining sections of Part 4 have been updated with minor amendments to reflect the outcomes of both former LEPs. The zoning reference has also been updated to reflect all applicable zones of the two former Councils.

Part 5 Miscellaneous provisions 5.1 Relevant acquisition authority This section of the Murray and Wakool LEPs were identical. This Section has been adopted as originally drafted.

5.2 Classification and reclassification of public land This section of the Murray and Wakool LEPs were identical. This Section has been adopted as originally drafted.

5.3 Development near zone boundaries This Section did not form part of the Wakool LEP, however, was included in the Murray LEP. This Section has been adopted as originally drafted in the Murray LEP.

5.4 Controls relating to miscellaneous permissible uses The following items are identified: • Section 5.4(2) relating to Home Industries has been drafted based on the Murray LEP provisions which enables use of up to 60 square metres of floor area. • Section 5.4(5) relating to Farm Stay Accommodation has been drafted based on the Murray LEP provisions which enables use of up to 10 bedrooms. • Section 5.4(6) relating to Kiosks has been drafted based on the Murray LEP provisions which enables use of up to 50 square metres of floor area • Section 5.4(8) relating to Roadside Stalls has been drafted based on the Wakool LEP provisions which enables use of up to 50 square metres of area • Section 5.4(9) relating to Secondary Dwellings has been drafted based on the Wakool LEP provisions which enables the total floor area of the secondary dwelling to be up to 50% of the total floor area of the principal dwelling • The remaining sections of Part 5 have been updated with minor administrative changes to reflect the name of the new LEP.

5.20 Standards that cannot be used to refuse consent—playing and performing music

16 Murray River LEP 2021 EXPLANATORY DOCUMENT The draft Murray River LEP 2021 has been revised to reflect this addition to Part 5 of the Standard Instrument. This provision was recently added by DPIE to the Standard Instrument and subsequently to the Murray and Wakool LEPs.

Part 6 Urban release areas This Part did not form part of the Wakool LEP, however, was included in the Murray LEP. This Part has been adopted as originally drafted in the Murray LEP.

Part 7 Additional local provisions Part 6 of the Wakool LEP has been incorporated into Part 7 of the draft Murray River LEP. Part 7 has been updated with minor amendments to reflect the outcomes of both former LEPs. The zoning reference has also been updated to reflect all applicable zones of the two former Councils.

Schedule 1 Additional permitted uses This Schedule was blank within the Wakool LEP. The content from the Murray LEP has been carried through to the new LEP.

Schedule 2 Exempt development This Schedule of the Murray and Wakool LEPs were identical. This Schedule has been adopted as originally drafted.

Schedule 3 Complying development This Schedule of the Murray and Wakool LEPs were identical. This Schedule has been adopted as originally drafted.

Schedule 4 Classification and reclassification of public land This Schedule has been drafted to include the content of both former LEPs.

Schedule 5 Environmental heritage This Schedule has been drafted to include the content of both former LEPs. Property description errors have been corrected. Several ‘item numbers’ have also been updated to account for the merging of the Schedules. The following ‘item numbers’ have been updated:

17 Murray River LEP 2021 EXPLANATORY DOCUMENT Locality Item Name Address Property description Significance Former Item No New Item No Barham Barham Koondrook Bridge over Murray River Main Road 319 State I 2 I 68 Lots 5 and 6, Section 4, DP 758053; Lot 157, DP 1049554, Barham Barham War Memorial Hall 15 Murray Street Lot 158 DP 1049554 Local I 1 I 67 Nacurrie Road Cunninyeuk Gee Gee Bridge over Wakool River North, Noorong Adjacent to Lot 50, DP 756533 State I 3 1 69 State Forest Koraleigh Koraleigh Uniting Church 17 Eagles Lane Lot 8, Section 1, DP 15133 Local I 4 I 70 Part Lot 109 and Lot 110, DP Moulamein The Old Courthouse and footbridge Via Jebb Street Local I 5 I 71 39558 Murrabit Gonn Crossing Bridge over Murray River Murrabit Road Adjacent to Lot 1, DP 608956 Local I 6 I 72 MR 467 Swan Hill- Murray Downs Murray Downs Homestead Lot 2, DP 1067731 State I 7 I 73 Kyalite Road Nyah Nyah Bridge over Murray River Speewa Road Adjacent to Lot 1, DP 135141 Local I 9 I 74 Speewa Speewa Ferry, Murray River Speewa Ferry Road Adjacent to Lot 3, DP 317039 Local I 10 I 75 Swan Hill Coonamit Bridge over Wakool River MR 386 Adjacent to Lot 1, DP 653213 State I 12 I 76 Swan Hill Swan Hill Bridge over Murray River MR 467 Adjacent to Lot 65, DP 756603 State I 11 I 77 Tantonan Tantonan weighbridge Bunaloo Street Lot 87, DP 751161 Local I 56 I 78 Tooleybuc Tooleybuc Bridge over Murray River Adjacent to Lot 1, DP 585209 State I 13 I 79

Schedule 6 Pond-based and tank-based aquaculture This Schedule of the Murray and Wakool LEPs were identical. This Schedule has been adopted as originally drafted.

Dictionary The Dictionary of the Murray and Wakool LEPs has been incorporated as originally drafted. An additional definition is being proposed -Crematorium (water cremation facility) – as discussed earlier in the B2 Local Centre section of this report. All mapping references have been updated to reflect the name of the new LEP.

18 Murray River LEP 2021 EXPLANATORY DOCUMENT