2002 No 356 New South Wales Yarrowlumla Local Environmental Plan 2002 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. (Q99/00016/PC) ANDREW REFSHAUGE, M.P., Minister for Planning Published in Gazette No 96 of 12 June 2002, page 3595 Page 1 [104] 2002 No 356 Yarrowlumla Local Environmental Plan 2002 Contents Contents Page Part 1 Preliminary information 1 Name of this plan 6 2 When this plan begins 6 3 What are the aims and objectives of this plan? 6 4 Where does this plan apply? 7 5 How does this plan affect other plans? 7 6 Does this plan affect covenants, agreements or other similar instruments? 8 7 Who is the consent authority and how are terms used in this plan? 8 8 Classification of land 8 Part 2 General controls for zoned land 9 What zones apply? 10 10 What are the zone objectives? 10 11 What development is allowed or prohibited by zoning? 14 12 What activities do not require consent and are not prohibited by this plan? 20 13 What is exempt development? 20 14 What is complying development? 22 15 Development of land near adjoining zone boundaries 23 Part 3 Special controls for all land Division 1 Matters to be considered before consent is granted 16 What must be considered before granting consent to development? 25 Division 2 Subdivision 17 When is consent required for the subdivision of land? 26 Page 2 2002 No 356 Yarrowlumla Local Environmental Plan 2002 Contents Page 18 What must be considered before consenting to a subdivision of land in the Rural zones and the Environmental Protection zone? 26 19 What are the allotment size requirements that apply to subdivision in the General Rural zone? 28 20 What are the allotment size requirements that apply to subdivision in the Rural Residential Zone? 29 21 What must be considered before consent is granted to subdivision in the Village Zone? 31 22 What are the allotment size requirements that apply to subdivision in the Village Zone? 31 23 What are the allotment size requirements that apply to subdivision in Zone No 7 (e)? 32 Division 3 Erection of dwellings 24 What requirements apply for the erection of a dwelling house on land within Zone No 1 (a)? 33 25 What requirements apply for the erection of a dwelling house on land within Zone No 1 (d)? 34 26 What requirements apply for the erection of a dwelling house on land within Zone No 1 (g)? 35 27 What requirements apply for the erection of a dwelling house on land within Zone No 2 (v)? 35 28 What requirements apply for the erection of a dwelling house on land within Zone No 7 (e)? 36 29 What requirements apply to dual occupancy development? 37 30 What requirements apply to cluster housing development? 37 31 What is the minimum allotment area on which cluster housing development is permitted? 38 Division 4 Roads 32 When do roads not require development consent? 39 33 What are the requirements for access? 39 34 What general controls apply to earthworks on land? 39 Division 5 Vegetation protection 35 Where does vegetation protection control apply? 40 36 When is consent required? 40 37 When is consent not required? 40 38 What matters must be considered before granting consent? 41 Part 4 Special controls for localities Division 1 Flood hazard Page 3 2002 No 356 Yarrowlumla Local Environmental Plan 2002 Contents Page 39 What are floodplain land and flood planning area? 43 40 What special controls apply to development of floodplain land? 43 41 What special controls apply to development within the flood planning area? 44 Division 2 Murrumbidgee River corridor land 42 What is Murrumbidgee River corridor land? 44 43 What must be considered before granting consent to the development of Murrumbidgee River corridor land? 45 Division 3 Protection of rivers and streams 44 What is a perennial watercourse? 45 45 When is development consent required? 45 46 What must be considered before granting development consent? 45 Division 4 Heritage conservation 47 What controls apply to the development of heritage items and relics? 46 48 What restrictions apply to development near heritage items? 47 49 Notice of development applications relating to heritage items 47 50 Notice to the Heritage Council 47 51 Are there conservation incentives for heritage items? 47 Division 5 Soil, water, domestic waste and effluent management 52 What controls apply to soil, water and effluent management? 48 Part 5 Miscellaneous 53 What special provisions apply to a home activity? 50 54 What special provisions apply to the temporary use of land? 51 55 What Council development does not require development consent? 51 56 What are the restrictions on development fronting main roads? 51 57 What are the restrictions on development on ridgelines in rural areas? 52 58 What are the special provisions applying to major visual corridors? 52 Page 4 2002 No 356 Yarrowlumla Local Environmental Plan 2002 Contents Page 59 Development of unzoned land 53 60 Development for certain additional purposes 53 61 Bush fire prevention 53 62 Land degradation 54 63 Removal of bush rock 54 64 Temporary occupancy 55 Schedules 1 Principles of ecological sustainability 56 2 Classification and reclassification of public land 58 3 Activities not requiring consent and not prohibited by plan 63 4 Exempt development 66 5 Complying development 70 6 Cluster housing 78 7 Heritage items 80 8 Restricted development along main roads 81 9 Development for additional purposes 82 Dictionary 85 Page 5 2002 No 356 Clause 1 Yarrowlumla Local Environmental Plan 2002 Part 1 Preliminary information Yarrowlumla Local Environmental Plan 2002 Part 1 Preliminary information 1 Nameofthisplan This plan is called Yarrowlumla Local Environmental Plan 2002. 2 When this plan begins This plan takes effect on and from the date of its publication in the Government Gazette. 3 What are the aims and objectives of this plan? (1) The aim of this plan is to introduce planning controls that will encourage ecologically sustainable development, being development which satisfies the principles of ecological (environmental, economic and social) sustainability set out in Schedule 1, taking into account the ACT and Sub region Planning Strategy September 1998 and Murrumbidgee Catchment Management Plan copies of which are available from the office of the Council. (2) The objectives of this plan are as follows: (a) for rural land: (i) to ensure that rural land is developed in accordance with the principles of ecologically sustainable development, and (ii) to encourage the management, development and conservation of productive agricultural and horticultural land, and (iii) to encourage the proper management and development of natural resources, and (iv) to encourage the sitingand management of development to avoid, as far as practicable, conflict between adjoining and nearby land uses, both within and between zones and with regard to likely future land uses, and (v) to protect and conserve places of natural, historic and cultural significance, and Page 6 2002 No 356 Yarrowlumla Local Environmental Plan 2002 Clause 3 Preliminary information Part 1 (vi) to enable provision of essential roads, transport and utilities infrastructure, (b) for urban land: (i) to ensure that urban land is developed in accordance with the principles of ecologically sustainable development, and (ii) to encourage commercial, retail and professional services in established urban locations, and (iii) to provide flexibility in residential living styles and increased urban amenity for residents, and (iv) to protect and conserve places for natural, historic and cultural significance, and (v) to protect and enhance the social welfare of residents, and (vi) to enable provision of essential roads, transport and utilities infrastructure. 4 Where does this plan apply? This plan applies to all land within the local government area of Yarrowlumla. 5 How does this plan affect other plans? This plan: (a) amends Yarrowlumla Local Environmental Plan 1993 by omitting from clause 3 the words “within the Shire of Yarrowlumla as” and by inserting instead the words “, except land within the area of Yarrowlumla,”, (b) amends State Environmental Planning Policy No 4—Development Without Consent and Miscellaneous Complying Development by inserting the following words in alphabetical order in Schedule 2 (Land excepted from clauses 6–10): Yarrowlumla local government area (c) amends State Environmental Planning Policy No 60—Exempt and Complying Development by omitting from Part 2 of Schedule 1 (Where does this Policy apply?) the word “Yarrowlumla”. Page 7 2002 No 356 Clause 6 Yarrowlumla Local Environmental Plan 2002 Part 1 Preliminary information 6 Does this plan affect covenants, agreements or other similar instruments? (1) If any agreement, covenant or other similar instrument prohibits or restricts development allowed by or under this plan or carried out in accordance with a consent granted under the Act, the agreement, covenant or instrument does not apply to that development to the extent necessary to allow that development to be carried out. (2) Nothing in subclause (1) affects the rights or interests of the Council or any other public authority under any registered instrument. (3) In accordance with section 28 of the Act, the Governor approved of subclauses (1) and (2) before this plan was made. 7 Who is the consent authority and how are terms used in this plan? (1) The Council is the consent authority for the purposes of development applications relating to land to which this plan applies, subject to the Act. (2) A term defined in the Dictionary has the same meaning when used in this plan. (3) In this plan: (a) a reference to a use of land includes a reference to a proposed use of land of the same kind, and (b) areferencetoamapistoamapkeptintheofficeofthe Council.