Local Environmental Plan Differences by dvo17662


									                                                         STRATEGIC PLANNING
                                                         LOCAL ENVIRONMENTAL PLAN 2010

                                                         Local Environment Plan Differences

                                                         Fact Sheet:          10

                                                         Issued:              8 March 2010

Local Environmental Plan Differences
This fact sheet is one in a series of fact sheets produced to help interpret changes to planning policy in
the Port Macquarie-Hastings as a result of State Government planning reforms.

The Port Macquarie-Hastings LEP 2010 is a draft local environmental plan (LEP) that provides a new
planning framework for the Port Macquarie-Hastings local government area. An LEP is a planning
document (or planning instrument) that determines how a property or land can be used. This is done by
land use zones and other development controls.

Some of the differences between the existing Port Macquarie-Hastings LEP 2001 and the Thrumster
(Area 13) LEP and the PMH Draft LEP 2010 apply to the following:

        Dwelling eligibilities for ‘existing holdings’             Rural residential development
        Residential zones                                          Village zones
        Subdivision controls                                       Infrastructure
        Investigation zones                                        Land reservation and acquisition
        Tourist facilities                                         Waterways

Dwelling eligibilities                                       A dwelling eligibility does not mean a dwelling
                                                             house will automatically be approved on the lot.
In order to obtain approval for a dwelling house             An assessment needs to be made to determine
on land in rural zones the size of the lot must              the suitability of the land and the particular site
meet the minimum lot size required on the Lot                for a dwelling house, such matters as a steep
Size Map.                                                    slope, bushfire and effluent disposal constraints
                                                             and access may mean that a particular lot is not
Approval may be given for a dwelling house that              suitable for a dwelling house.
does not meet this minimum lot size if approval
for a dwelling house could have been given                   See Clause 4.2A Erection of dwellings houses
under the previous LEP or planning instrument.               and dual occupancies (attached) in rural zones.

Under Draft PMH LEP 2010 ‘dwelling eligibilities’            Rural residential development
under the previous planning instrument will
generally be maintained. However ‘dwelling                   The R5 Large Lot residential zone applies to
eligibilities’ that currently apply for ‘existing            land previously zoned or developed for rural
holdings’ will remain for 2 years after                      residential or small holdings development. The
Notification of the PMH LEP 2010 on the NSW                  Standard LEP does not include a rural
legislation website.                                         residential zone and the Department of Planning
                                                             has directed Council to include this type of

development into the R5 Large Lot Residential            treatment plants, community facilities,
zone. Rural residential development (small lots)         cemeteries, arterial roads, railways and other
is not permitted in rural zones.                         major infrastructure. Not all land uses that may
                                                         be called infrastructure or community facilities
Council has applied a principle of reducing the          are zoned SP2 Infrastructure. Similarly, not all
fragmentation of rural land as directed by the           land uses zoned 5(a) Special Uses in an existing
Department of Planning. New subdivisions must            LEP are included in the SP2 Infrastructure zone.
comply with the minimum lot size applying to the
land, which is found on the Lot Size Map.                Some infrastructure is not zoned SP2
                                                         Infrastructure where the surrounding zone
Residential development                                  allows the particular land use. For example,
                                                         educational establishments are permitted with
The residential areas of Port Macquarie and the          consent in residential zones R2, R3 and R5 and
major surrounding towns are generally zoned              thus schools surrounded by or adjacent to a
either R1 (General Residential), R3 (Medium              residential zone have been zoned the same as
Density) or R4 (High Density) similar to the             the surrounding residential land. This same
existing zonings.                                        principle of zoning infrastructure the same as
                                                         the surrounding land is used in the PMH Draft
Village Zones                                            LEP 2010 wherever possible.

For most rural villages, land currently zoned 2(v)       The Infrastructure SEPP 2007 and advices from
Village has been converted to RU5 (Village) zone         the Department of Planning determine what
under the Draft Port Macquarie-Hastings LEP              types of infrastructure are permitted in the
2010. In the case of Kew and Kendall, land has           various zones, with and without consent. The
been zoned according to the existing land use.           Infrastructure SEPP 2007 should be consulted
That is, where land is used for business                 when considering any development that could
purposes the land is included in a business              be termed infrastructure.
zones, where land is used for housing, the land
is included in the R1 General Residential zone,          Roads are now required to be zoned, and apart
where a park or reserve the land is zoned RE1            from arterial roads are zoned the same as the
Public Recreation and similarly with industrial          surrounding zone. Classified roads are zoned
and other uses.                                          SP2 Infrastructure and not a specific roads or
                                                         railway zoning which is the case in existing LEPs.
Subdivision controls
                                                         Investigation zones
In the Draft PMH Draft LEP 2010 minimum lot              Rural investigation zones no longer apply. The
sizes for subdivision are illustrated on the Lot         Standard LEP does not give Council the option of
Size Map. Minimum lot sizes for subdivision do           a rural investigation zone or similar zone that
not directly relate to the zoning of the land.           allows a zone to be considered for another type
All subdivision requires development consent,            of development in the future. Therefore land
except minor boundary adjustments,                       zoned for rural investigation purposes under
consolidation of lots, road widening and excising        existing LEPs has been included in Draft LEP in
land for public purposes. See clause 2.6, 4.1            the ‘most appropriate’ zone of the Standard LEP
and 4.1A of the Draft LEP for details.                   and subjected to minimum lot size provisions. In
                                                         the case of King Creek, the R5 Large Lot
The vast majority of land in the RU1 and RU2             Residential zone has been used.
rural zones has a minimum lot size for
subdivision of 40 or 100 hectares dependent              Some land in the existing Hastings LEP 2001
upon location.                                           has been purchased by National Parks is
                                                         included in the E1 National Parks zone in the
Infrastructure                                           Draft LEP. Certain land proposed to be acquired
                                                         for National Park purposes has also been
The SP2 Infrastructure zone applies to a range           included in the E1 National Parks zone and
of land uses that are included within the broad          identified on the Land reservation and
term of ‘infrastructure’. This includes sewerage         acquisition Maps.

Land reservation and acquisition                           The W1 zone has been used for waterways that
                                                           have been identified as important feeding and
In the Draft LEP there are no proposed zones,              breeding areas for marine life.
such as proposed open space or arterial roads.
The Standard LEP does not provide for proposed              The W2 Recreational Waterways zone applies
zones or reservations to delineate land for                as the default zone and applies to most of the
future uses. In existing LEPs land required for            Port Macquarie-Hastings waterways. The W3
future roads, open space and the like or                   Working Waterways zone applies to port areas
National Park purposes, a proposed zoning or               adjacent to the IN4 Working Waterfront
land reservation applies. This is no longer the            industrial zones. The following uses are
case.                                                      permitted with consent in all 3 waterway zones;

In the Draft LEP land to be acquired for a future                  Boat launching ramps
infrastructure purpose or for National Park                        Jetties
purposes is included in the Land Reservation                       Water recreation structures
Acquisition Map and clause 5.1 Relevant                            Marinas
acquisition authority applies.                                     Charter and tourism boating facilities
Tourist facilities
                                                                   Environmental facilities
The Standard LEP includes a special purpose
tourist zone, the SP3 Tourist zone.                        Boat repair facilities and boat sheds are
                                                           permitted with consent in the W2 and W3 zones.
Land in the 2(t) Residential Tourist zone in
Hastings LEP 2001 and major tourist facilities
                                                           The W3 Working Waterfront zone has been used
located in and close to urban areas have been
                                                           for the Port facilities at Birdon Marine on the
zoned SP3 Tourist in the Draft LEP.
                                                           Hastings River.
Not all tourist facilities are zoned SP3 Tourist.
                                                           Public exhibition and making a submission
Different types of tourist facilities, including the
different types of tourist accommodation and
                                                           The Draft LEP covers a large range of issues in
recreation facilities are permitted in a number of
                                                           addition to those highlighted here and you are
zones, including business zones.
                                                           encouraged to review the Draft LEP and provide
                                                           feedback to Council.
Tourist facilities are covered by a number of
definitions in the Draft LEP. The term tourist and
                                                           Port Macquarie-Hastings LEP 2010 is on
visitor accommodation includes hotel or motel
accommodation, serviced apartments, bed &                  exhibition from 8 March 2010 for 6 weeks.
breakfast accommodation, backpackers’
                                                           For further information:
accommodation and farm stay accommodation.
See FACT SHEET Definitions.                                        visit Council’s website
Waterways                                                          visit Council offices at Port Macquarie
                                                                   Chambers at Burrawan Street, Port
Waterways are now zoned. The Standard LEP                          Macquarie, or Council offices at High
requires waterways to be zoned and 3 waterway                      Street, Wauchope and Laurie Street,
zones are included in the Standard LEP. In the                     Laurieton during office hours 8:30 am to
existing LEP some waterways are zoned and                          4:30 pm, or
others are not.                                                    contact on 02 6581 8111

The waterway zone applies to the waterways                 Write to Council or email:
that can be identified on a map. Where the
stream can only be identified by a single line on          Port Macquarie-Hastings Council
the map, then the adjacent zone applies. In                PO Box 84
most cases a rural zone.                                   Port Macquarie NSW 2444


Submissions and comments need to be made to
Council by 19 April 2010.


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