Wentworth Local Environmental Plan 2011
Current version for 10 July 2020 to date (accessed 6 August 2020 at 03:35)
Part 4
Part 4 Principal development standards
4.1   Minimum subdivision lot size
(1)  The objectives of this clause are as follows—
(a)  to ensure subdivision of land occurs in a manner that promotes suitable land uses and development,
(b)  to ensure subdivision occurs in a staged manner that minimises the cost to the community from the provision of public infrastructure and services,
(c)  to ensure rural lands are not fragmented in a manner that threatens their future use for agriculture or primary production,
(d)  to ensure that subdivision is not likely to result in inappropriate impacts on the natural environment including native vegetation, natural watercourses and habitats for threatened species and populations and endangered ecological communities,
(e)  to maximise the economic potential of, and provide for more intensive, small lot agricultural uses in areas able to access commercial quantities of irrigation water.
(2)  This clause applies to a subdivision of any land shown on the Lot Size Map that requires development consent and that is carried out after the commencement of this Plan.
(3)  The size of any lot resulting from a subdivision of land to which this clause applies is not to be less than the minimum size shown on the Lot Size Map in relation to that land.
(4)  This clause does not apply in relation to the subdivision of any land—
(a)  by the registration of a strata plan or strata plan of subdivision under the Strata Schemes Development Act 2015, or
(b)  by any kind of subdivision under the Community Land Development Act 1989.
4.1AA   Minimum subdivision lot size for community title schemes
(1)  The objectives of this clause are as follows—
(a)  to ensure that land to which this clause applies is not fragmented by subdivisions that would create additional dwelling entitlements.
(2)  This clause applies to a subdivision (being a subdivision that requires development consent) under the Community Land Development Act 1989 of land in any of the following zones—
(a)  Zone RU1 Primary Production,
(b)  Zone E3 Environmental Management,
but does not apply to a subdivision by the registration of a strata plan.
(3)  The size of any lot resulting from a subdivision of land to which this clause applies (other than any lot comprising association property within the meaning of the Community Land Development Act 1989) is not to be less than the minimum size shown on the Lot Size Map in relation to that land.
(4)  This clause applies despite clause 4.1.
4.1A   Minimum lot sizes for dual occupancies, multi dwelling housing and residential flat buildings
(1)  The objective of this clause is to achieve planned residential density in certain zones.
(2)  Development consent must not be granted to development on a lot in Zone RU5 Village for a purpose shown in Column 1 of the Table to this clause, unless the area of the lot is equal to or greater than the area specified for that purpose and shown in Column 2 of the Table.
Column 1
Column 2
Dual occupancy (attached)
400 square metres
Dual occupancy (detached)
400 square metres
Multi dwelling housing
400 square metres
Residential flat building
900 square metres
4.1B   Minimum subdivision lot sizes for certain split zones
(1)  The objectives of this clause are as follows—
(a)  to provide for the subdivision of lots that are within more than one zone but that cannot be subdivided under clause 4.1,
(b)  to ensure that the subdivision occurs in a manner that promotes suitable land use and development.
(2)  This clause applies to each lot (an original lot) that contains—
(a)  land in a village, residential, business or industrial zone, and
(b)  land in Zone RU1 Primary Production, Zone E2 Environmental Conservation or Zone E3 Environmental Management.
(3)  Despite clause 4.1, development consent must not be granted to subdivide an original lot to create other lots (the resulting lots) unless—
(a)  one of the resulting lots will contain—
(i)  land in a residential, business or industrial zone that has an area that is not less than the minimum size shown on the Lot Size Map in relation to that land, and
(ii)  all of the land in Zone RU1 Primary Production, Zone E2 Environmental Conservation or Zone E3 Environmental Management that was in the original lot, and
(b)  all other resulting lots will contain land that has an area that is not less than the minimum size shown on the Lot Size Map in relation to that land.
4.2   Rural subdivision
(1)  The objective of this clause is to provide flexibility in the application of standards for subdivision in rural zones to allow land owners a greater chance to achieve the objectives for development in the relevant zone.
(2)  This clause applies to the following rural zones—
(a)  Zone RU1 Primary Production,
(b)  Zone RU2 Rural Landscape,
(baa)  Zone RU3 Forestry,
(c)  Zone RU4 Primary Production Small Lots,
(d)  Zone RU6 Transition.
Note.
 When this Plan was made, it did not include Zone RU2 Rural Landscape, Zone RU4 Primary Production Small Lots or Zone RU6 Transition.
(3)  Land in a zone to which this clause applies may, with development consent, be subdivided for the purpose of primary production to create a lot of a size that is less than the minimum size shown on the Lot Size Map in relation to that land.
(4)  However, such a lot cannot be created if an existing dwelling would, as the result of the subdivision, be situated on the lot.
(5)  A dwelling cannot be erected on such a lot.
Note.
 A dwelling includes a rural worker’s dwelling (see definition of that term in the Dictionary).
4.2A   No strata plan subdivision in certain rural zones
(1)  The objective of this clause is to ensure that land to which this clause applies is not fragmented by subdivisions that would create additional dwelling entitlements.
(2)  This clause applies to land in the following zones that is used, or proposed to be used, for residential accommodation or tourist and visitor accommodation—
(a)  Zone RU1 Primary Production,
(b)  Zone E3 Environmental Management.
(3)  Development consent must not be granted for the subdivision of a lot to which this clause applies for a strata plan that would create lots below the minimum size shown on the Lot Size Map for that lot.
4.2B   Erection of dwelling houses on land in Zones RU1 and E3
(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—
(a)  an application for development consent referred to in the relevant subclause is not made in relation to that land before the seventh anniversary of the commencement of Wentworth Local Environmental Plan 2011, or
(b)  development consent has been granted for the erection of a dwelling on the land and that development consent has been surrendered in accordance with the Act.
(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
(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.
4.2C   Erection of rural workers’ dwellings
(1)  The objective of this clause is to ensure the provision of adequate accommodation for employees of existing agricultural or rural industries.
(2)  This clause applies to land in Zone RU1 Primary Production.
(3)  Development consent must not be granted to the erection of a rural worker’s dwelling on land to which this clause applies unless the consent authority is satisfied that—
(a)  the development will not impair the use of the land for agricultural or rural industries, and
(b)  there is a demonstrated economic capacity of the agricultural or rural industry being carried out on the land to support the ongoing employment of rural workers, and
(c)  the development will be on the same lot as an existing lawfully erected dwelling house, and
(d)  the development is necessary considering the nature of the agricultural or rural industry land use lawfully occurring on the land or as a result of the remote or isolated location of the land.
4.2D   Dwelling houses in Zone RU1 Primary Production
(1)  The objective of this clause is to ensure dwelling houses are developed only where they support the permitted agricultural use of the land.
(2)  This clause applies to development for the purposes of dwelling houses on land in Zone RU1 Primary Production other than land that is a former rural lot under clause 4.2B.
(3)  Before granting consent to development to which this clause applies, the consent authority must be satisfied that—
(a)  the land is being or is intended to be used for the purpose of intensive plant agriculture or extensive agriculture, and
(b)  the dwelling house will be required to support the carrying out of any such purpose, and
(c)  the dwelling house is not likely to cause any land use conflict with existing agricultural uses being undertaken on neighbouring properties, and
(d)  services for the supply of water and electricity to support the agricultural activity are available or adequate arrangements have been made to make them available when required.
4.3   Height of buildings
[Not adopted]
4.4   Floor space ratio
[Not adopted]
4.5   Calculation of floor space ratio and site area
[Not adopted]
4.6   Exceptions to development standards
(1)  The objectives of this clause are as follows—
(a)  to provide an appropriate degree of flexibility in applying certain development standards to particular development,
(b)  to achieve better outcomes for and from development by allowing flexibility in particular circumstances.
(2)  Development consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this clause does not apply to a development standard that is expressly excluded from the operation of this clause.
(3)  Development consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating—
(a)  that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and
(b)  that there are sufficient environmental planning grounds to justify contravening the development standard.
(4)  Development consent must not be granted for development that contravenes a development standard unless—
(a)  the consent authority is satisfied that—
(i)  the applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3), and
(ii)  the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out, and
(b)  the concurrence of the Planning Secretary has been obtained.
(5)  In deciding whether to grant concurrence, the Planning Secretary must consider—
(a)  whether contravention of the development standard raises any matter of significance for State or regional environmental planning, and
(b)  the public benefit of maintaining the development standard, and
(c)  any other matters required to be taken into consideration by the Planning Secretary before granting concurrence.
(6)  Development consent must not be granted under this clause for a subdivision of land in Zone RU1 Primary Production, Zone RU2 Rural Landscape, Zone RU3 Forestry, Zone RU4 Primary Production Small Lots, Zone RU6 Transition, Zone R5 Large Lot Residential, Zone E2 Environmental Conservation, Zone E3 Environmental Management or Zone E4 Environmental Living if—
(a)  the subdivision will result in 2 or more lots of less than the minimum area specified for such lots by a development standard, or
(b)  the subdivision will result in at least one lot that is less than 90% of the minimum area specified for such a lot by a development standard.
Note.
 When this Plan was made, it did not include Zone RU2 Rural Landscape, Zone RU4 Primary Production Small Lots, Zone RU6 Transition or Zone E4 Environmental Living.
(7)  After determining a development application made pursuant to this clause, the consent authority must keep a record of its assessment of the factors required to be addressed in the applicant’s written request referred to in subclause (3).
(8)  This clause does not allow development consent to be granted for development that would contravene any of the following—
(a)  a development standard for complying development,
(b)  a development standard that arises, under the regulations under the Act, in connection with a commitment set out in a BASIX certificate for a building to which State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 applies or for the land on which such a building is situated,
(c)  clause 5.4,
(ca)  clause 6.2 or 6.3.