WENTWORTH SHIRE COUNCIL
Notice is hereby given, in accordance with the provisions of the Local Government Act
1993 that a EXTRAORDINARY MEETING of Wentworth Shire Council will be held in
the WENTWORTH SHIRE COUNCIL CHAMBERS, SHORT STREET, WENTWORTH,
commencing at 5.00PM.
Peter Kozlowski
GENERAL MANAGER
EXTRAORDINARY MEETING
AGENDA
22 DECEMBER 2015
NB: Tape recording of a meeting of the Council is prohibited without permission
In accordance with Reg. Cl 273(1), a person may use a tape recorder to record the proceedings of an
open meeting of the council or a committee of a council only with the authority of the council or
committee. This includes the use of a video camera and any electronic device capable of recording
speech, whether a magnetic tape is used to record or not. (Reg Cl 273(4))
Extraordinary Meeting AGENDA
22 December 2015
TABLE OF CONTENTS
ITEM
SUBJECT
PAGE NO
1
OPENING OF MEETING AND PRAYER ............................................................... 1
2
PRESENT ............................................................................................................. 1
3
APOLOGIES AND LEAVE OF ABSENCE ............................................................ 1
4
DECLARATIONS OF PECUNIARY INTEREST AND CONFLICTS OF
INTEREST ............................................................................................................. 1
5
REPORTS FROM HEALTH AND PLANNING DIVISION ...................................... 2
5.1
Wentworth Local Environmental Plan 2011 - Planning Proposal Removal of 'Grandfather' Clause 4.2B(4) and Schedule 1 Additonal
Permitted Uses ........................................................................................ 2
6
QUESTIONS WITHOUT NOTICE........................................................................ 17
7
NEXT MEETING .................................................................................................. 17
8
CLOSURE ........................................................................................................... 17
Page i
Extraordinary Meeting AGENDA
22 December 2015
1
OPENING OF MEETING AND PRAYER
2
PRESENT
3
APOLOGIES AND LEAVE OF ABSENCE
4
DECLARATIONS OF PECUNIARY INTEREST AND CONFLICTS
OF INTEREST
The following information has been extracted from the Meetings Practice Note issued by
the Office of Local Government dated August 2009
Pecuniary Conflicts of Interests
What is a pecuniary conflict of interests?
The Act, the Regulation, the Model Code and the Model Code Guidelines provide
guidance on pecuniary (or money-related) conflicts of interests. These place obligations
on councillors, council delegates and council staff to act honestly and responsibly in
carrying out their functions. They require that the pecuniary interests of councillors,
council delegates and other people involved in making decisions or giving advice on
council matters be publicly recorded. They also require councillors and staff not to deal
with matters in which they have a pecuniary interest.
Section 442 of the Act defines pecuniary interest as:
“… an interest that a person has in a matter because of the reasonable likelihood or
expectation of appreciable financial gain or loss to the person.”
Section 443 of the Act provides that a person has a pecuniary interest in a matter if the
pecuniary interest is that of any of the persons listed in that section. Those persons
include spouses, de facto partners, relatives, partners and employers.
A person does not have a pecuniary interest in a matter if the interest is so remote or
insignificant that it is unlikely to influence that person’s decision-making (see s.442 of
the Act), or if the interest is of a kind described in section 448 of the Act.
If a person is not aware of the relevant pecuniary interests of the other persons listed in
section 443 then that person is not taken to have a pecuniary interest in the matter
(s.443(3) of the Act). Similarly, just because someone is a member of, or is employed
by, a council, a statutory body or the Crown, they are not considered to have a
pecuniary interest (s.443(3) of the Act). This principle also applies to someone who is a
member of a council, a company or other body that has or may have a pecuniary
interest in the matter, so long as that person has no beneficial interest in any share of
the company or body (s.443(3) of the Act).
Page 1
Extraordinary Meeting AGENDA
22 December 2015
5
REPORTS FROM HEALTH AND PLANNING DIVISION
5.1
WENTWORTH LOCAL ENVIRONMENTAL PLAN 2011 - PLANNING PROPOSAL REMOVAL OF 'GRANDFATHER' CLAUSE 4.2B(4) AND SCHEDULE 1
ADDITONAL PERMITTED USES
File Number:
RPT/15/1659
Responsible Officer:
Responsible Division:
Reporting Officer:
Ken Ross - Director, Health and Planning
Health and Planning
Michele Bos - Strategic Development Officer
Delivery Program Objective: 2. Growth & Development
Delivery Program Strategy: 2.1 Maximise the productive use of land
Summary
On 16 December 2015 this report was included in the business papers of the Ordinary
Council meeting. Councillors Hederics and McKinnon were apologies at that meeting,
Councillors Cohrs, WJ Wheeldon and B Wheeldon declared a pecuniary interest in the item,
leaving only Councillors Wakefield, Whitfield, Nunan and Clarke in the chamber. In
accordance with cl.233 of the Local Government Act the General Manager deferred this item
from that meeting.
This report relates to the existing dwelling entitlement on land that is an existing holding or a
former rural lot in the RU1 Primary Production Zone. Under a current provision of the
Wentworth LEP 2011 this entitlement will cease on the 16 December 2016. The only means
of ensuring that this provision is retained is by way of an amendment to the Wentworth LEP
2011.
Options
Based on the information contained in this report, the options available to address this matter
are to:
a) Resolve to submit the Planning Proposal to the Department of Planning &
Environment for consideration of a Gateway Determination, or
b) To await the completion and subsequent recommendations of the Rural Land Use &
Rural Residential Strategy.
Recommendation
That Council:
1. Receives and notes the contents of the report, and
2. Resolves to submit the planning proposal to the Minister for the Department of
Planning and Environment for consideration of a Gateway Determination to amend
the Wentworth Local Environmental Plan 2011 in accordance with Section 56 of the
Environmental Planning and Assessment Act 1979.
That a division be called in accordance with S375A of the Local Government Act.
Detailed Report
Purpose
The purpose of this report is to provide Council with the information required to make an
informed decision with respect to the planning proposal. The report also seeks a resolution
Page 2
Extraordinary Meeting AGENDA
22 December 2015
from Council to submit the planning proposal to the Department of Planning and Environment
for their consideration of a Gateway Determination to amend the Wentworth LEP 2011. Refer
to Attachment 1 Planning Proposal Report.
Background
Council has been working with external consultants on a Rural Land Use & Rural Residential
Strategy. During this process it has been highlighted that the provision for dwelling
entitlements on former rural lots and existing holdings, being Clause 4.2B (3) (d) and (e), will
cease on 16 December 2016.
The manner in which this provision will cease is by way of Clause 4.2B (4) which states that
sub clauses 3(d) and 3(e) will cease on the fifth anniversary of the commencement of the
Wentworth LEP 2011. The current LEP commenced on 16 December 2011, therefore, this
‘grandfather’ or ‘sunset’ clause becomes effective on 16 December 2016.
Clause 4.2B of the Wentworth LEP 2011, with the ‘grandfather’ clause in bold, reads as
follows:
4.2B Erection of dwelling houses on land in certain rural and environmental
protection zones
(1) The objectives of this clause are as follows:
(a) to minimise unplanned rural residential development,
(b) to enable the replacement of lawfully erected dwelling houses in rural and environmental
protection zones.
(2) This clause applies to land in the following zones:
(a) Zone RU1 Primary Production,
(b) Zone E3 Environmental Management.
(3) Development consent must not be granted for the erection of a dwelling house on land in
a zone to which this clause applies, and on which no dwelling house has been erected,
unless the land is:
(a) a lot that is at least the minimum lot size specified for that land by the Lot Size Map, or
(b) a lot created under an environmental planning instrument before this Plan commenced
and on which the erection of a dwelling house was permissible immediately before that
commencement, or
(c) a lot resulting from a subdivision for which development consent (or equivalent) was
granted before this Plan commenced and on which the erection of a dwelling house would
have been permissible if the plan of subdivision had been registered before that
commencement, or
(d) an existing holding, or
(e) a former rural lot.
Note. A dwelling cannot be erected on a lot created under clause 9 of State Environmental
Planning Policy (Rural Lands) 2008 or clause 4.2.
(4) Land ceases to be an existing holding for the purposes of subclause (3) (d) or a
former rural lot for the purposes of subclause (3) (e) if an application for development
consent referred to in the relevant subclause is not made in relation to that land before
the fifth anniversary of the commencement of Wentworth Local Environmental Plan
2011.
(5) Despite subclause (3), development consent may be granted for the erection of a
dwelling house on land to which this clause applies if:
(a) there is a lawfully erected dwelling house on the land and the dwelling house to be
erected is intended only to replace the existing dwelling house, or
Page 3
Extraordinary Meeting AGENDA
22 December 2015
(b) the land would have been a lot or a holding referred to in subclause (3) had it not been
affected by:
(i) a minor realignment of its boundaries that did not create an additional lot, or
(ii) a subdivision creating or widening a public road or public reserve or for another public
purpose, or
(iii) a consolidation with an adjoining public road, a public reserve or for another public
purpose.
(6) In this clause:
existing holding means land that:
(a) was a holding on 7 May 1993, and
(b) is a holding at the time the application for development consent referred to in subclause
(3) is lodged,
whether or not there has been a change in the ownership of the holding since 7 May 1993,
and includes any other land adjoining that land acquired by the owner since 7 May 1993.
former rural lot means a lot created for the purpose of a rural dwelling before 7 May 1993.
holding means all adjoining land, even if separated by a road or railway, held by the same
person or persons.
Note. The owner in whose ownership all the land is at the time the application is lodged need
not be the same person as the owner in whose ownership all the land was on the stated
date.
Matters under consideration
Subsequent to a presentation of the initial draft Rural Land Use and Rural Residential
Strategy to Council in September 2014, a Table of Outcomes was developed and endorsed
at Council’s Ordinary Meeting held 29 October 2014.
The first item in the Table of Outcomes was that Council has agreed that the Grandfather
Clause should be removed. Refer to Attachment 2 Endorsed Table of Outcomes.
The progress of the Rural Land Use & Rural Residential Strategy is slow and the date that
the ‘Grandfather’ clause becomes effective is fast approaching. If Council wait until the
completion of the rural strategy to act upon the removal of the ‘Grandfather’ clause, the
planning proposal process may not be completed by the cessation date and will inevitably be
too late, therefore, the expiry of this provision will take effect.
Implications
The decision item has the following implications for Council:
-
By submitting the Planning Proposal to the Department of Planning & Environment for
a Gateway Determination, Council ensures that all appropriate measures are
undertaken to retain the current provision of a dwelling entitlement on former rural lots
and existing holdings, and
-
If a Gateway Determination is issued, the proposal retains this provision in perpetuity
ensuring consistent equity for all past, present and future rural landholders.
-
By waiting for the completion of the Rural Land Use & Rural Residential Strategy,
Council risks the occurrence of the cessation of the provision at the expiry date.
Conclusion
Wentworth Shire Council previously endorsed the removal of the ‘Grandfather’ clause by way
of endorsing the Table of Outcomes at its Ordinary Meeting held 29 October 2015. This
report takes this action further by seeking Council’s approval to submit a Planning Proposal
to the Department of Planning & Environment for consideration of a Gateway Determination
Page 4
Extraordinary Meeting AGENDA
22 December 2015
to remove Clause 4.2B (4) from the Wentworth LEP 2011. The proposal seeks to ensure that
a perpetual dwelling entitlement for former rural lots, existing holdings and items 1 to 4 in
Schedule 1 Additional permitted uses is retained.
Attachments
1.
Planning Proposal Report.
2.
Endorsed Table of Outcomes.
Page 5
Item 5.1 - Attachment 1
Planning Proposal Report.
WENTWORTH LOCAL ENVIRONMENTAL PLAN 2011
PLANNING PROPOSAL REPORT
ENVIRONMENTAL PLANNING & ASSESSMENT ACT 1979
– S56 GATEWAY DETERMINATION
Removal of Clause 4.2B (4)
December 2015
Page 6
Item 5.1 - Attachment 1
Planning Proposal Report.
Table of Contents
1. Introduction................................................................................................................................
1.1The Planning Proposal...................................................................................................
2. Objectives or Intended Outcome...............................................................................................
3. Explanation of the Provisions.....................................................................................................
4. Justification................................................................................................................................
4.1
Need for the Planning Proposal....................................................................................
4.2
Strategic Planning Framework......................................................................................
4.3
4.2.1
Wentworth Region Community Strategic Plan 2013-2023.............................
4.2.2
Further Justification……………………………………………………………………………………
Environmental, Social & Economic Impact...................................................................
4.3.1
Environmental Impact.....................................................................................
4.3.2
Social Impact...................................................................................................
4.3.3
Economic Impact.............................................................................................
4.3.4
State and Commonwealth..............................................................................
5. Community Consultation..........................................................................................................
6. Proposed Project Timeframe....................................................................................................
7. Conclusion…………………………………………………………………………………………………………………………..
Attachments
1. Wentworth LEP 2011 Clause 4.2B (4)
2. Section 117 Directions Checklist
Page 7
Item 5.1 - Attachment 1
Planning Proposal Report.
3. SEPP Checklist
1.
INTRODUCTION
1.1 The Planning Proposal
Wentworth Shire Council is currently undertaking a Rural Land Use & Rural Residential Strategy
(RLU&RRS) to review the current and future land use trends of rural land within the local shire area.
The draft strategy, not yet adopted by Council, has raised a debated issue surrounding the inequity
of retaining the Clause 4.2B Subclause (4) and Schedule 1 Additional permitted uses 1(3), 2(4), 3(4)
and 4(4).
The ‘Grandfather’ or ‘Sunset’ clause is due to expire on the fifth anniversary of the commencement
of Wentworth Local Environmental Plan 2011 (WLEP 2011), effectively 16 December 2016. Once
expired, the permissibility of a dwelling on an existing holding or former rural lot that is less than the
minimum lot size, ceases to exist.
Wentworth LEP 1993 allowed for the consent of a dwelling in perpetuity on General Rural land
provided the following conditions were satisfied:
1. The lot was 10,000 hectares for pastoral land and 10 hectares for horticultural land.
2. The land was part of an existing holding, provided the total land holding was 10,000 hectares
for pastoral land and 10 hectares for horticultural land.
3. The allotment was lawfully created for a rural dwelling, before the appointed day.
4. The proposed dwelling was ancillary to another permitted development on the lot.
5. The lot is listed in Schedule 2 Additional permitted development in Zone No 1 (a) or 1 (d).
Wentworth LEP 2011 continued to apply the above provisions, except number 4, and introduced the
permissibility of a dwelling on a lot that was created under an environmental planning instrument on
which a dwelling was permissible before the commencement of the WLEP 2011.
However, the WLEP 2011 also introduced the ‘Grandfather’ or ‘Sunset’ clause, being Clause 4.2B (4).
The consequence being that dwelling entitlements for existing holdings, former rural lots, including
dwellings permissible under Schedule 1 Additional permitted uses, would cease on the fifth
anniversary of the commencement of WLEP 2011, this date being 16 December 2011.
Page 8
Item 5.1 - Attachment 1
Planning Proposal Report.
Wentworth Shire Council is of the opinion that the dwelling entitlement in perpetuity that was
provided by the WLEP 1993 must be reinstated. This ensures consistent equity for all previous,
current and future landholders. Additionally, there was no justification for the introduction of the
‘Grandfather’ or ‘Sunset’ clause in the WLEP 2011.
2.
OBJECTIVES OR INTENDED OUTCOMES
The objectives and intended outcomes of the planning proposal are to:
 Return the dwelling entitlement in perpetuity as it was provided by the Wentworth LEP 1993
 Ensure consistent equity for all previous, current and future landholders
 Growth of the local economy through the entitlement to construct a dwelling in rural areas
that are less than the minimum lot size.
3.
EXPLANATION OF THE PROVISIONS
Wentworth LEP 2011 allows the development of a dwelling house on rural or environmentally
protected land subject to the following:
(3) Development consent must not be granted for the erection of a dwelling house on land in a zone
to which this clause applies, and on which no dwelling house has been erected, unless the land is:
(a) a lot that is at least the minimum lot size specified for that land by the Lot Size Map, or
(b) a lot created under an environmental planning instrument before this Plan commenced and on
which the erection of a dwelling house was permissible immediately before that commencement, or
(c) a lot resulting from a subdivision for which development consent (or equivalent) was granted
before this Plan commenced and on which the erection of a dwelling house would have been
permissible if the plan of subdivision had been registered before that commencement, or
(d) an existing holding, or
(e) a former rural lot.
This clause is followed by the ‘Grandfather or Sunset’ clause, as follows:
(4) Land ceases to be an existing holding for the purposes of subclause (3) (d) or a former rural lot for
the purposes of subclause (3) (e) if an application for development consent referred to in the relevant
subclause is not made in relation to that land before the fifth anniversary of the commencement of
Wentworth Local Environmental Plan 2011.
An existing holding and former rural lot are defined as follows:
(6) In this clause:
existing holding means land that:
(a) was a holding on 7 May 1993, and
Page 9
Item 5.1 - Attachment 1
Planning Proposal Report.
(b) is a holding at the time the application for development consent referred to in subclause (3) is
lodged,
whether or not there has been a change in the ownership of the holding since 7 May 1993, and
includes any other land adjoining that land acquired by the owner since 7 May 1993.
former rural lot means a lot created for the purpose of a rural dwelling before 7 May 1993.
holding means all adjoining land, even if separated by a road or railway, held by the same person or
persons.
Schedule 1 Additional permitted uses also provides permissibility of dwellings in RU1 Primary
Production zone on specified lots:
Schedule 1 Additional permitted uses
(Clause 2.5)
1 Use of certain land at Church Road, Creek Road, Delta Road and Silver City Highway, Curlwaa
(1) This clause applies to the following land at Curlwaa:
(a) Lot 19, DP 804043 at Church Road,
(b) Lots 3, 4 and 6, DP 729492 and Lots 15, 17 and 19, DP 804040 at Delta Road,
(c) Lot 3, DP 804041 at Creek Road,
(d) Lot 192, DP 822094 and Lots 8, 10, 18 and 19, DP 729494 at Silver City Highway.
(2) Development for the purpose of a dwelling house is permitted with consent on each lot.
(3) Development consent under subclause (2) must not be granted after 5 years from the
commencement of this Plan.
2 Use of certain land at Manly Road, Curlwaa
(1) This clause applies to Lot 8, DP 807828, Manly Road, Curlwaa.
(2) Development for the purpose of subdivision resulting in lots with a minimum area of 1,000m2 is
permitted with consent.
(3) A dwelling house is permitted with consent on each lot created from the subdivision.
(4) Development consent under subclause (2) must not be granted after 5 years from the
commencement of this Plan.
3 Use of certain land at Silver City Highway, Curlwaa
(1) This clause applies to Lot 5, DP 807831, Silver City Highway, Curlwaa.
(2) Development for the purpose of subdivision resulting in lots with a minimum area of 2,000m2 is
permitted with consent.
(3) A dwelling house is permitted with consent on each lot created from the subdivision.
(4) Development consent under subclause (2) must not be granted after 5 years from the
commencement of this Plan.
Page 10
Item 5.1 - Attachment 1
Planning Proposal Report.
4 Use of certain land at Silver City Highway, Mourquong
(1) This clause applies to Lot 1, DP 1040128 and the part of Lot 2, DP 1040128 that was part of
former Lot 1043, DP 39753, being Silver City Highway, Mourquong.
(2) Development for the purpose of subdivision resulting in lots with a minimum area of 6,000m2 is
permitted with consent.
(3) A dwelling house is permitted with consent on each lot created from the subdivision.
(4) Development consent under subclause (2) must not be granted after 5 years from the
commencement of this Plan.
For development applications involving dwellings in RU1 Primary Production zone on land less than
the minimum lot size, it is currently the applicant’s responsibility to adequately prove that the lot is a
former rural lot or an existing holding. Therefore, retaining this entitlement will not burden Council’s
Planning resources.
The proposed outcome will be achieved through amending the Wentworth LEP 2011 by removing
the following:
 Clause 4.2B (4) Land ceases to be an existing holding for the purposes of subclause (3) (d) or
a former rural lot for the purposes of subclause (3) (e) if an application for development
consent referred to in the relevant subclause is not made in relation to that land before the
fifth anniversary of the commencement of Wentworth Local Environmental Plan 2011.
 Schedule 1 Additional permitted uses 1(3), 2(4), 3(4) and 4(4).
4.
JUSTIFICATION
4.1 Need for the Planning Proposal
A planning proposal is required to remove the relevant clause to provide for dwelling permissibility
in perpetuity as specified above.
The community consultation process will provide an opportunity for Council to gauge any potential
detriment of retaining the provision in perpetuity that has not been revealed to date.
4.2 Strategic Planning Framework
The planning proposal is not inconsistent with the aims and objectives of current strategic
documents that are relevant to Wentworth Shire Council and its community.
4.2.1
Community Strategic Plan 2013-2023
The following strategies under Vision 1 We want to be a vibrant, growing and thriving community of
the plan are relevant to this planning proposal:
Page 11
Item 5.1 - Attachment 1
Planning Proposal Report.
 1.3 Increase economic development and growth by reducing red tape that stifles
development opportunities
 2.1 Improve population growth and residential expansion by support population growth,
resident attraction and retention
 4.3 Strengthen the community by promoting harmony, unity, fairness and equity for all
citizens.
4.2.2
Draft RLU&RRS
Data contained within the draft RLU&RRS estimates that there are some 427 former rural lots
throughout the Wentworth local government area, these being owned by 115 landholders.
Referenced from Pages 52-53.
The draft strategy identifies that:The deletion of the grandfather clause is supported through:
-
Consistency in landowner equity
-
Growth of the local economy through the entitlement to construct a dwelling in rural areas
that are less than the minimum lot size
-
The former rural lots are generally located in areas with or close to river frontage and access
to water.
Referenced from Page 93.
The draft strategy provided two final recommendation options for Council’s consideration. The first
being an amendment to the WLEP 2011 which proposes that the dwelling entitlement for former
rural lots, existing holdings and dwellings permitted subject to Schedule 1 expire on the fifth
anniversary of the gazettal of the amendment as a consequence of the strategy.
Alternatively, Council could identify and map all existing holdings and former rural lots which would
provide a perpetual dwelling entitlement.
Referenced from Page 94.
Council do not concur with the first recommendation and the estimated number of former rural lots
in the draft strategy is extremely modest considering the number does not include the entire shire
area.
4.2.3 Further Justification
The estimated number of development approvals that have been issued for dwellings under the
former rural lot provision is approximately 65. Of these deferred commencement approvals, to date,
no dwellings have yet been constructed. The locality of these new dwellings is primarily around the
Murray and Darling Rivers. The number of development approvals issued for dwellings under the
existing holding provision is nil.
Page 12
Item 5.1 - Attachment 1
Planning Proposal Report.
The demand for dwellings in rural locations is predominantly for rural residential purposes with
riverfront exposure or within close proximity to a river and a township.
The need for new, additional dwellings on agricultural allotments is declining due to the continuing
expansion of existing holdings for economic sustainability. There are known to be numerous existing,
vacant dwellings that are no longer required or used throughout the LGA that historically supported
an agricultural use. The location of these dwellings are dispersed and are distanced from townships
and services.
The above data is supported by the number of farms in the Murray Region having reduced from
3,333 in 2011-12 to 3,269 in 2012-13. The number of farms in New South Wales has reduced from
43,798 in 2011-12 down to 42,082 in 2012-13.
Referenced from ABARES About My Region - profiles of agricultural, forestry and fisheries industries by regions of Australia
April 2015 and ABARES About My Region - profiles of agricultural, forestry and fisheries industries by regions of Australia
April 2014 – Data Sourced from ABS.
The former rural lots identified in the strategy are located on pastoral landholdings and not within
close proximity to established settlements and essential services. Based on the decline in the
number of landholdings or farms, it is not anticipated that there will be an increase in the number of
consents for new dwellings on larger, pastoral properties. This also negates the risk of the
establishment of dispersed settlement patterns in outlying areas as stated in the draft strategy.
It is unknown how many pastoral and existing horticultural properties within the Wentworth Shire
area are former rural lots. The data provided to the consultants for the RLU&RRS, being 427 former
rural lots, was a long standing employee’s local knowledge of some landholdings and a very
conservative estimate. Therefore, the logistics (costs, resources, time) of identifying each former
rural lot or existing holding within the Wentworth LGA, through a thorough title investigation would
be an enormous project.
Therefore, the resources and cost to Council to undertake a mapping project would be extensive.
Council is of the opinion that the obligation to prove a dwelling entitlement should continue to be
the responsibility of the individual landholder, in the event that a new dwelling is required.
The access, servicing and emergency issues raised in the RLU&RRS for rural dwellings can be
addressed and assessed on a case by case basis through the development application process.
4.3 Environmental, Social & Economic Impact
4.3.1 Environmental Impact
No adverse environmental impact would result from the planning proposal.
4.3.2 Social Impact
Any social impact would be positive as it allows rural landholders, should they be able to provide
evidence that their property is a former rural lot or an existing holding, the ability to develop
dwellings that would support the existing and future agricultural/horticultural operations.
Page 13
Item 5.1 - Attachment 1
Planning Proposal Report.
4.3.3 Economic Impact
The proposal would support the building industry by any subsequent construction of permissible
dwellings and new residents would boost population growth.
4.3.4 State and Commonwealth Interests
There are no known inconsistencies or issues of State or Federal significance.
5
COMMUNITY CONSULTATION
It is recommended that the planning proposal be exhibited for a period of four weeks. The exhibition
would include advertising in a local newspaper, on Council’s website and copies available for
inspection at libraries and the Shire Office.
Community consultation will be complete when Wentworth Shire Council has appropriately and
effectively considered all submissions received relative to the planning proposal.
6
PROPOSED PROJECT TIMELINE
This project timeline provides a mechanism to monitor the progress of the planning proposal:
Gateway Determination
Community Consultation, incl State Agencies
Consideration of submissions
Consideration of a proposal post exhibition
RPA Adoption to make Plan
Submission to DP&E & PCO to finalise LEP
Forward to Department for notification
7
January 2016
February 2016
March 2016
April 2016
May 2016
June 2016
July 2016
CONCLUSION
The removal of the ‘Grandfather’ or ‘Sunset’ clause, being Clause 4.2B (4) and Additional permitted
uses 1(3), 2(4), 3(4) and 4(4) from the Wentworth Local Environmental Plan 2011, ensures that
existing dwelling entitlements for former rural lots and existing holdings are retained in perpetuity,
thereby retaining the entitlement as it was applied previously in the Wentworth Local Environmental
Plan 1993 and the establishment of this entitlement by the creation of lots under the Crown Lands
Alienation Act.
Page 14
Item 5.1 - Attachment 2
Endorsed Table of Outcomes.
Rural Land Use Strategy – Endorsed by Council
29 October 2014
Table of Outcomes
Item No
1.
Topic
Grandfather Clause
Outcome
Council has agreed that the Grandfather Clause should be removed.
Wentworth LEP 1993 provided for a perpetual dwelling entitlement
on allotments lawfully created for a rural dwelling. Councillors
request that this entitlement be retained.
The deletion of the grandfather clause is supported through:
 Consistency in landowner equity,
 Growth of the local economy through the entitlement to
construct a dwelling in rural areas that are less than the
minimum lot size,
 The former rural lots are generally located in areas with or
close to river frontage and access to water.
2.
Minimum Lot Size
Council has agreed that the minimum lot size maps should be
removed.
Through the removal of the minimum lot size maps, Council aims to
provide for greater flexibility of uses within the RU1 Primary
Production zone.
Council will support the use of clauses to manage the permissibility of
additional uses in the zone.
Council will not accept any increase in the current minimum lot size
under the LEP 2011.
3.
River Set Back
Council has agreed that the river setback back should be 30m from
pool level.
Wentworth LEP 1993 permitted the construction of a dwelling along
a river with a 30 metre setback from pool level. Councillors have
requested that this entitlement be returned.
Ken Ross advised the Councillors that the Draft Murray Regional
Strategy is due for public consultation sometime in November.
4.
Prohibition of Tourism
and Visitor
Accommodation and
Caravan Parks in the
RU1 Zone.
Council has agreed that the use of Tourism and Visitor
Accommodation (backpackers’ accommodation, bed and breakfast
accommodation, farm stay accommodation, hotel or motel
accommodation and serviced apartments) and Caravan Parks are to
be permitted uses in RU1 Primary Production zone.
Due to the duplication of uses, a review of permitted and prohibited
uses lists in the RU1 Primary Production zone will be undertaken by
Michele Bos. It is anticipated that this will be included in the planning
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Item 5.1 - Attachment 2
5.
6.
Non mapping of
irrigation and cleared
irrigation land.
Property specific
zoning and MLS issues
Endorsed Table of Outcomes.
proposal subsequent to the completion of the Rural Land Use & Rural
Residential Strategy.
Refer to point 2.
Council has agreed that the Wentworth LEP 2011 is to provide for the
permissibility to excise a dwelling in the RU1 Primary Production
zone.
The current draft recommendation provides for a dwelling excision
provided the subdivision does not create any additional lots. This
restriction is to be removed.
7.
Property specific
mapping issues
Council has agreed to invite Mr Graham Enders, OEH to Wentworth
to meet with all Councillors and Planning Department staff to discuss
mapping issues and resolution processes.
8.
Council to prepare a
revised scope of
works
Review of the
objectives of the RU1
Primary Production
zone
This will be presented to the PLC/Council for approval prior to being
sent to Monteath & Powys Pty Ltd.
9.
The recommended objectives are to include reference to the
encouragement and promotion of tourism and consistently reflect
the objectives of point f) below:
a) To ensure the viability, sustainability and growth of agricultural and
horticultural production.
b) To minimise the fragmentation and alienation of agricultural and
horticultural land.
c) To minimise conflict between land uses within this zone and land
uses within adjoining zones.
d) To ensure the protection of both mixed dry land and irrigation of
agricultural and horticultural uses that together form the distinctive
rural character of the Shire.
e) To enable the adequacy of land availability for intensive plant
agricultural activities – including the encouragement of consolidation
of lots, particularly within the irrigation trust districts.
f) To encourage and promote the growth and diversification of
economic and employment opportunities in agriculture, horticulture
and tourism.
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Extraordinary Meeting AGENDA
22 December 2015
6
QUESTIONS WITHOUT NOTICE
7
NEXT MEETING
20 January 2016
8
CLOSURE
Page 17