Part 1 Preliminary
1 Name of plan
This plan may be cited as Illawarra Regional Environmental Plan No 2—Jamberoo Valley.
2 Aims, objectives etc
(1) The general aim of this plan is to conserve the agricultural, environmental and aesthetic values of the Jamberoo Valley.(2) The specific aims of this plan are:(a) to conserve the agricultural potential of the Jamberoo Valley,(b) to protect the rural environment and scenic amenity of the Jamberoo Valley Escarpment Area,(c) to conserve areas of native vegetation,(d) to conserve items of the environmental heritage and to encourage and promote their restoration and enhancement,(e) to conserve the scenic quality of the Valley,(f) to encourage re-afforestation with appropriate species of trees and the eradication of undesirable exotic weed species, and(g) to ensure that future development, including tourist development, in the valley is sited, designed and of such a scale and nature so as not to compromise other conservation objectives.
3 Land to which plan applies
(1) Except as provided by subclauses (2) and (3), this plan applies to the land within the Municipalities of Kiama and Shellharbour, as shown edged heavy black (other than the land bounded by a black line edged by a broken line) on Sheet 1 of the map marked “Illawarra Regional Environmental Plan No 2—Jamberoo Valley” the original of which is deposited in the office of the Department, copies of which are deposited in the offices of the Councils of those Municipalities.(2) (Repealed)(3) Clause 8 (a) (i) and (ii) apply to the land to which Shellharbour Local Environmental Plan No 16 applies.cll 3: Am 19.7.1996.
4 Relationship to other environmental planning instruments
This plan amends:(a) State Environmental Planning Policy No 4—Development Without Consent in the manner set out in clause 5,(b) Illawarra Regional Environmental Plan No 1 in the manner set out in clause 6,(c) (Repealed)(d) Shellharbour Local Environmental Plan No 16 in the manner set out in clause 8.cll 4: Am 19.7.1996.
Part 2 Provisions relating to other environmental planning instruments
State Environmental Planning Policy No 4—Development Without Consent is amended by inserting at the end of clause 11 the following subclause:(2) Subclause (1) does not apply to land within the Municipalities of Kiama and Shellharbour shown edged heavy black (other than land shown bounded by a black line edged by a broken line) on Sheet 1 of the map marked “Illawarra Regional Environmental Plan No 2—Jamberoo Valley” deposited in the office of the Department, and copies of which are deposited in the offices of the Councils of those Municipalities.
6 Amendment of Illawarra Regional Environmental Plan No 1
Illawarra Regional Environmental Plan No 1 is amended:(a) by inserting after clause 12 (2) the following subclause:(3) This clause does not apply to the land shown edged heavy black (other than the land bounded by a black line edged by a broken line) on Sheet 1 of the map marked “Illawarra Regional Environmental Plan No 2—Jamberoo Valley”, the original of which is deposited in the office of the Department, copies of which are deposited in the offices of the Councils of the Municipalities of Kiama and Shellharbour.(b) by inserting after clause 16 (2) the following subclause:(3) Subclause (1) does not apply to the land shown edged heavy black (other than the land bounded by a black line edged by a broken line) on Sheet 1 of the map marked “Illawarra Regional Environmental Plan No 2—Jamberoo Valley”, the original of which is deposited in the office of the Department, copies of which are deposited in the offices of the Councils of the Municipalities of Kiama and Shellharbour.(c) by inserting after clause 21 (2) the following subclause:(3) Subclause (1) does not apply to the land shown edged heavy black (other than the land bounded by a black line edged by a broken line) on Sheet 1 of the map marked “Illawarra Regional Environmental Plan No 2—Jamberoo Valley”, the original of which is deposited in the office of the Department, copies of which are deposited in the offices of the Councils of the Municipalities of Kiama and Shellharbour.(d) by inserting at the end of clause 22 the following subclause:(2) Subclause (1) does not apply to the land shown edged heavy black (other than the land bounded by a black line edged by a broken line) on Sheet 1 of the map marked “Illawarra Regional Environmental Plan No 2—Jamberoo Valley”, the original of which is deposited in the office of the Department, copies of which are deposited in the offices of the Councils of the Municipalities of Kiama and Shellharbour.(e) by inserting at the end of clause 24 the following subclause:(2) Subclause (1) does not apply to the land shown edged heavy black (other than the land bounded by a black line edged by a broken line) on Sheet 1 of the map marked “Illawarra Regional Environmental Plan No 2—Jamberoo Valley”, the original of which is deposited in the office of the Department, copies of which are deposited in the offices of the Councils of the Municipalities of Kiama and Shellharbour.(f) by inserting in Schedule 1 at the end of the matter relating to the Wollongong Plain Subregion the following matter:Commercial Hotel, lot 20, Allowrie Street, Jamberoo.Fredericks Store, No 19 Allowrie Street, Jamberoo.Uniting Church Hall and Cemetery, lot 48, Jamberoo.Church of England Cemetery, Tate’s Hill, Jamberoo (off Wyalla Road).O’Mara’s Grave, Roman Catholic Burial Ground, Jamberoo Mountain Road, M.R. 264, Jamberoo.Kelly’s Cottage, Minnamurra Falls Road, Jamberoo.Park Mount, Jerrara Road, Jamberoo.Jamberoo Dairy Factory, Factory Lane, off Jamberoo Road, Jamberoo.Antique Shop (former E.S. & A. Bank), 26 Allowrie Street, Jamberoo.“Colewood”, Mountain Road, Druewalla, Jamberoo.Former Wesleyan Parsonage, lot F, Macquarie Street, Jamberoo.Kinross Cemetery, off Minnamurra Lane, Jamberoo.Gundarimba, cnr Minnamurra Lane and Allowrie Street, Jamberoo.Roman Catholic Church Graveyard, Chappel Street, Jamberoo.
7 (Repealed)
cl 7: Rep 19.7.1996.
8 Amendment of Shellharbour Local Environmental Plan No 16
Shellharbour Local Environmental Plan No 16 is amended:(a)(i) by inserting in clause 8 (1) before the definition of appointed day the following definition:amusement park means a commercially run ground where amusements and mechanical entertainments such as merry-go-rounds and the like are permanently situated.(ii) by inserting in clause 8 (1) after the definition of caravan park the following definition:clear, in relation to land, means any manner of destruction of a tree, shrub or plant on the land, but does not involve:(a) the destruction of any tree, shrub or plant that is required or expressly authorised by or in pursuance of the provisions of any Act or statutory instrument or by any statutory authority in pursuance of the provisions of any Act or statutory instrument, or(b) the destruction of any tree, shrub or plant where the destruction is necessary in an emergency to prevent the spread of fire or in circumstances where the tree, shrub or plant presents a danger to life or property.(iii) by inserting in clause 8 (1) after the definition of item of the environmental heritage the following definitions:Jamberoo Valley Escarpment Area means that area of land shown bounded by a heavy black line, edged red and marked 7 (e) on Sheet 3 of the map marked “Illawarra Regional Environmental Plan No 2—Jamberoo Valley” deposited in the office of the Department, a copy of which is deposited in the office of the council.Jamberoo Valley Rural Conservation Area means the area of land shown hatched on Sheet 3 of the map marked “Illawarra Regional Environmental Plan No 2—Jamberoo Valley” deposited in the office of the Department, a copy of which is deposited in the office of the council.(iv) by inserting in clause 8 (1) at the end of the definition of the map the following words:Illawarra Regional Environmental Plan No 2—Jamberoo Valley, Sheet 3.(b) by omitting clause 16 (1) and by inserting instead the following subclause:16(1) This clause applied to land within Zone No 1 (a), 1 (b), 7 (a), 7 (b), 7 (d), 7 (e) or 7 (f2), other than land within the Jamberoo Valley Rural Conservation Area.(c) by inserting after clause 16 the following clause:16A Subdivision—Jamberoo Valley Rural Conservation Area(1) A person shall not subdivide land within the Jamberoo Valley Rural Conservation Area except with the consent of the council.(2) A person who makes an application to subdivide land within the Jamberoo Valley Rural Conservation Area shall, on the application form, nominate the purpose for which each proposed allotment created by the subdivision is intended to be used and, where the purpose is agriculture, the form of agriculture for which the allotment is intended to be used.(3) Where the council is of the opinion that a proposed allotment the subject of an application referred to in subclause (1) is intended to be used for:(a) the erection of a dwelling-house—the council shall refuse the application, or(b) any other purpose—the council shall, as a condition of any consent, prohibit the erection of a dwelling-house on each proposed allotment created by the subdivision.(4) The council shall not consent to an application to subdivide land within the Jamberoo Valley Rural Conservation Area unless it has considered:(a) the relationship of the proposed allotments created by the subdivision to adjacent or adjoining allotments and the practicality of consolidating those allotments with that land,(b) the quality of the land and the potential agricultural productivity of the land if it remains unsubdivided,(c) the likely impact of the subdivision on vegetation, soil resources and stability and water resources (including the quality of water courses, ground water storage and riparian rights), and(d) in relation to each proposed allotment:(i) the size, quality and potential agricultural productivity of the allotment,(ii) its relationship to, and effect on, the structure and nature of agricultural industries in the area,(iii) the purpose for which the allotment is intended to be used and the purposes for which, in the opinion of the council, the allotment is suitable to be used,(iv) the cumulative effect of similar proposals if consent is granted, and(v) the likelihood of the allotment remaining available for agriculture.(d) by omitting clause 17 (1) and by inserting instead the following subclause:17(1) This clause applies to land within Zone No 1 (a), 1 (b), 7 (d) or 7 (e), other than land within the Jamberoo Valley Rural Conservation Area.(e) by inserting after clause 17 the following clause:17A Erection of dwelling-houses in the Jamberoo Valley Rural Conservation Area(1) Except as provided by subclause (2) or (3), a person shall not erect a dwelling-house on land within the Jamberoo Valley Rural Conservation Area.(2) A person may, with the consent of the council, erect a dwelling-house on an allotment of land within the Jamberoo Valley Rural Conservation Area having an area of not less than 40 hectares.(3) A person may, with the consent of the council, erect one additional dwelling on land having an area of 40 hectares or more within the Jamberoo Valley Rural Conservation Area, where:(a) the dwelling would be ancillary to the agricultural use of the land,(b) separate ownership of the proposed dwellings could only be achieved by a subdivision of the land, and(c) no additional access to a public road would be required from the land as a result of the erection of the dwelling.(4) The council shall not consent under subclause (3) unless it is of the opinion that the proposed dwelling will not interfere with the purpose for which the land concerned is being used.(f) by inserting after clause 18 the following clauses:18A Development—Jamberoo Valley Rural Conservation Area(1) The council shall not consent to development on any land within the Jamberoo Valley Rural Conservation Area (other than the subdivision of land) unless it has consulted with and taken into account the views of the Director-General of Agriculture with respect to the effect that the proposed development will have on the agricultural viability of that land and land in the vicinity of that land.(2) The council shall not consent to development on land within the Jamberoo Valley Rural Conservation Area unless it has considered:(a) the effect of the proposed development on agricultural land uses undertaken on adjacent and adjoining holdings and other holdings in the vicinity,(b) the quality of the land and the potential agricultural productivity of the land,(c) the likely impact of the proposed development on vegetation, soil resources and stability and water resources (including the quality of water courses, ground water storage and riparian rights),(d) the effect of the proposed development on the structure and nature of agricultural industries in the area,(e) the cumulative effect of similar proposals if consent is granted, and(f) the likelihood of the land remaining available for agriculture.18B Development—Jamberoo Valley Escarpment AreaThe council shall not consent to development on any land within the Jamberoo Valley Escarpment Area unless it is satisfied that:(a) there is no reasonable alternative site for the proposed development,(b) in the case of an application to subdivide land, there will be no cumulative effect of similar proposals if consent is granted,(c) the proposed development will not have a detrimental impact on the visual quality of the Jamberoo Valley,(d) any building or access thereto will be designed and sited so as to be visually unobtrusive from any public place,(e) the proposed development will not be subject to slip hazard, and(f) adequate landscaping will be provided.18C Development—areas of significant vegetation in Jamberoo Valley(1) A person shall not clear any land shown stippled on Sheet 3 of the map marked “Illawarra Regional Environmental Plan No 2—Jamberoo Valley” deposited in the office of the Department and a copy of which is deposited in the office of the council (being areas of significant vegetation) except with the consent of the council.(2) The council shall not consent as referred to in subclause (1) unless:(a) it has consulted with and taken into account the views of the Director of National Parks and Wildlife Service relating to:(i) the impact of the proposed development on the movement of native fauna,(ii) the impact of the proposed development on any rare or significant flora,(iii) the impact of the proposed development on any rare or significant fauna,(iv) the impact of the proposed development on any rare or significant habitats, and(v) the potential the proposed development may have on adjacent or adjoining lands under the control of the Service, and(b) it is satisfied:(i) that there is no reasonable alternative to the removal of that vegetation,(ii) that the proposed development will not have an unacceptable visual impact on the scenic quality of the Jamberoo Valley,(iii) that the proposed development will not threaten the integrity of any unbroken natural tree canopy cover or create smaller discrete parcels of vegetation from an existing stand, and(iv) that the amount of the vegetation proposed to be removed is as little as possible.18D Prohibition of amusement parks—Jamberoo Valley(1) This clause applies to the land within the Jamberoo Valley Escarpment Area and the Jamberoo Valley Rural Conservation Area.(2) A person shall not carry out development for the purposes of an amusement park, place of assembly or recreation facility on the land to which this clause applies.18E Development—Jamberoo ValleyThe council shall not consent to any development on the land within the Jamberoo Valley Escarpment Area or the Jamberoo Valley Rural Conservation Area unless:(a) it has taken into consideration the impact that the proposed development will have on the scenic quality of the Valley by way of colour, bulk, vegetation removal, road access, visual intrusiveness, reflection and traffic generation and is satisfied that such measures as will, in its opinion, minimise that impact are proposed to be taken, and(b) it has ensured that, wherever practicable, development will proceed in accordance with any siting and design guidelines prepared by the Director from time to time.
Part 3 Provisions relating to the making of local environmental plans
9 Preparation of local environmental plans
A consent authority shall, in the preparation of a draft local environmental plan applying to the land to which this plan applies, give effect to the objectives, policies and principles specified in this plan.
10 Objectives relating to Jamberoo Village
The objective of this plan in relation to Jamberoo Village is to limit the existing town boundaries of the Village to the boundaries as shown by a black line edged by a broken line on Sheet 1 of the map marked “Illawarra Regional Environmental Plan No 2—Jamberoo Valley” which is deposited in the office of the Department.
11 Preparation of local environmental plans relating to Jamberoo Village
A draft local environmental plan shall not make provision for the expansion of Jamberoo Village beyond the boundaries referred to in clause 10.
12 Objectives relating to small holdings in the Jamberoo Valley
The objective of this plan in relation to agricultural land to which this plan applies, being land other than land shown hatched on Sheet 1 of the map marked “Illawarra Regional Environmental Plan No 2—Jamberoo Valley”, which is deposited in the office of the Department, is to conserve prime agricultural lands whilst providing some opportunity for the consideration of small rural holdings.
13 Preparation of local environmental plans relating to the Jamberoo Valley
A draft local environmental plan applying to the land referred to in clause 12 may make provision for the subdivision of that land into allotments of less than 40 hectares only if the consent authority is satisfied, before consenting to such a subdivision, that the land is not primarily required for agricultural purposes and the development of that land will not detract from the agricultural viability of adjoining land.