Update – Planning Proposal to Amend Shoalhaven Local Environmental Plan - Clause 6.5

On Tuesday 3 December 2019, Council’s Development & Environment Committee considered a report on the public exhibition of a Planning Proposal to amend Clause 6.5 of Shoalhaven Local Environmental Plan (LEP) 2014.

The report and minutes are available at shoalhaven.nsw.gov.au/My-Council/Council-meetings/Agendas-and-minutes with the resolution provided below:

1. In response to the submission received during the public exhibition period:

a. Amend the exhibited Planning Proposal (PP032) by including the following changes to Shoalhaven LEP 2014 Lot Size Map Sheet (LSZ_013D) for the RU1 (non-urban zoned) portion only of the following lots:

i. Lot 5 DP 618693, 202 Bells Lane – reduce the minimum lot size from 40ha to 3ha.
ii. Lot 7 DP 618693, Bells Lane – reduce the minimum lot size from 40ha to 7ha.
iii. Lot 2 DP 1134376, 112 Bells Lane – reduce the minimum lot size from 40ha to 3,000m².

b. Liaise with the NSW Parliamentary Counsel’s Office, as part of the legal drafting process, to enhance the readability of the proposed amended Clause 6.5 by potentially following a similar structure to other clauses which outlines the objective, the land to which the clause applies and the specific provisions of the clause.

2. Forward the revised final PP032 to the NSW Department of Planning, Industry and Environment (DPIE) for consideration.

3. If necessary, undertake a further public exhibition of the revised PP in accordance with legislative and Gateway determination requirements, and receive a further report following the conclusion of the public exhibition period.

If re-exhibition is not required, adopt PP032 as amended by part 1(a) above, and forward to the NSW Parliamentary Counsel’s Office to draft the amendment to Shoalhaven LEP 2014 and make the resulting amendment to the LEP using Council’s delegation.

4. Advise all affected landowners, and those who made a submission, of this decision.

Council was not required to re-exhibit the Planning Proposal and is currently liaising with NSW Parliamentary Counsel to draft the amendment to Shoalhaven LEP 2014.

A further update will be provided once the amendment has been notified on the NSW Legislation website.