Wentworth Local Environmental Plan 2011
Current version for 10 July 2020 to date (accessed 6 August 2020 at 03:36)
Part 7
Part 7 Additional local provisions
7.1   Earthworks
(1)  The objectives of this clause are as follows—
(a)  to ensure that earthworks for which development consent is required will not have a detrimental impact on environmental functions and processes, neighbouring uses, cultural or heritage items or features of the surrounding land,
(b)  to allow earthworks of a minor nature without requiring separate development consent.
(2)  Development consent is required for earthworks unless—
(a)  the work is exempt development under this Plan or another applicable environmental planning instrument, or
(b)  the work is ancillary to other development for which development consent has been given.
(3)  Before granting development consent for earthworks, the consent authority must consider the following matters—
(a)  the likely disruption of, or any detrimental effect on, existing drainage patterns and soil stability in the locality,
(b)  the effect of the proposed development on the likely future use or redevelopment of the land,
(c)  the quality of the fill or the soil to be excavated, or both,
(d)  the effect of the proposed development on the existing and likely amenity of adjoining properties,
(e)  the source of any fill material and the destination of any excavated material,
(f)  the likelihood of disturbing relics,
(g)  the proximity to and potential for adverse impacts on any watercourse, drinking water catchment or environmentally sensitive area.
Note.
 The National Parks and Wildlife Act 1974, particularly section 86, deals with disturbing or excavating land and Aboriginal objects.
7.2   Essential services
(1)  This clause applies to land in the following zones—
(a)  Zone RU5 Village,
(b)  Zone R5 Large Lot Residential,
(c)  Zone B6 Enterprise Corridor,
(d)  Zone IN1 General Industrial,
(e)  Zone IN2 Light Industrial.
(2)  Development consent must not be granted to development unless the consent authority is satisfied that any of the following services that are essential for the proposed development are available or that adequate arrangements have been made to make them available when required—
(a)  the supply of water,
(b)  the supply of electricity,
(c)  the disposal and management of sewage,
(d)  stormwater drainage or on-site conservation,
(e)  suitable road access.
(3)  This clause does not apply to development for the purpose of providing, extending, augmenting, maintaining or repairing a public utility infrastructure.
7.3   Flood planning
(1)  The objectives of this clause are as follows—
(a)  to minimise the flood risk to life and property associated with the use of land,
(b)  to allow development on land that is compatible with the land’s flood hazard, taking into account projected changes as a result of climate change,
(c)  to avoid significant adverse impacts on flood behaviour and the environment.
(2)  This clause applies to—
(a)  land that is shown as “Flood Planning Area” on the Flood Planning Map, and
(b)  other land at or below the flood planning level.
(3)  Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied that the development—
(a)  is compatible with the flood hazard of the land, and
(b)  is not likely to significantly adversely affect flood behaviour resulting in detrimental increases in the potential flood affectation of other development or properties, and
(c)  incorporates appropriate measures to manage risk to life from flood, and
(d)  is not likely to significantly adversely affect the environment or cause avoidable erosion, siltation, destruction of riparian vegetation or a reduction in the stability of river banks or watercourses, and
(e)  is not likely to result in unsustainable social and economic costs to the community as a consequence of flooding.
(4)  A word or expression used in this clause has the same meaning as it has in the Floodplain Development Manual (ISBN 0 7347 5476 0), published in 2005 by the NSW Government, unless it is otherwise defined in this clause.
(5)  In this clause—
flood planning level means the level of a 1:100 ARI (average recurrent interval) flood event plus 0.5 metre freeboard.
7.4   Terrestrial biodiversity
(1)  The objective of this clause is to maintain terrestrial biodiversity by—
(a)  protecting native fauna and flora, and
(b)  protecting the ecological processes necessary for their continued existence, and
(c)  encouraging the conservation and recovery of native fauna and flora and their habitats.
(2)  This clause applies to land identified as “Terrestrial Biodiversity” on the Natural Resource—Terrestrial Biodiversity Map.
(3)  Before determining a development application for development on land to which this clause applies, the consent authority must consider whether or not the development—
(a)  is likely to have any adverse impact on the condition, ecological value and significance of the fauna and flora on the land, and
(b)  is likely to have any adverse impact on the importance of the vegetation on the land to the habitat and survival of native fauna, and
(c)  has any potential to fragment, disturb or diminish the biodiversity structure, function and composition of the land, and
(d)  is likely to have any adverse impact on the habitat elements providing connectivity on the land.
(4)  Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied that—
(a)  the development is designed, sited and will be managed to avoid any significant adverse environmental impact, or
(b)  if that impact cannot be reasonably avoided—the development is designed, sited and will be managed to minimise that impact, or
(c)  if that impact cannot be minimised—the development will be managed to mitigate that impact.
7.5   Wetlands
(1)  The objective of this clause is to ensure that natural wetlands are preserved and protected from the impacts of development.
(2)  This clause applies to land identified as “Wetlands” on the Natural Resource—Wetlands Map.
(3)  When assessing a development application for development on land to which this clause applies, the consent authority must consider potential adverse impacts from the proposed development on—
(a)  the growth and survival of native flora and fauna,
(b)  the condition and significance of the native flora on the land and whether it should be substantially retained, and
(c)  the provision and quality of habitats for indigenous and migratory species, and
(d)  the surface and groundwater characteristics of the site, including water quality, natural water flows and salinity, and
(e)  any wetland in the vicinity of the proposed development and any proposed measures to minimise or mitigate those impacts.
(4)  Before granting consent to development to which this clause applies the consent authority must be satisfied that—
(a)  the development is sited, designed and managed to avoid potential adverse environmental impacts, or
(b)  where an impact cannot be avoided, and having taken into consideration feasible alternatives, the proposed design, construction and operational management of the development will mitigate and minimise those impacts.
7.6   Development on river front areas
(1)  The objectives of this clause are as follows—
(a)  to support natural riverine processes, including the migration of the Murray River’s channels,
(b)  to protect and improve the bed and bank stability of the Murray River,
(c)  to maintain and improve the water quality of the Murray River,
(d)  to protect the amenity, scenic landscape values and cultural heritage of the Murray River and to protect public access to its riverine corridors,
(e)  to conserve and protect the riverine corridors of the Murray River, including wildlife habitat.
(2)  Despite any other provision of this Plan, development consent may only be granted to development on land in a river front area for the following purposes—
(a)  boat building and repair facilities, boat launching ramps, boat sheds, charter and tourism boating facilities or marinas,
(b)  the extension or alteration of an existing building that is wholly or partly in the river front area, but only if the extension or alteration is to be located no closer to the river bank than the existing building,
(c)  environmental protection works,
(d)  extensive agriculture and intensive plant agriculture,
(e)  walking trails, cycleways, picnic facilities, recreation facilities and recreation facilities (outdoors),
(f)  water recreation structures.
(3)  Development consent must not be granted under subclause (2) unless the consent authority is satisfied of the following—
(a)  that the appearance of the development, from both the Murray River and the river front area will be compatible with the surrounding area,
(b)  that the development is not likely to cause environmental harm, including (but not limited to) any of the following—
(i)  pollution or siltation of the Murray River,
(ii)  any adverse effect on surrounding uses, riverine habitat, wetland areas or flora or fauna habitats,
(iii)  any adverse effect on drainage patterns,
(c)  that the development is likely to cause only minimal visual disturbance to the existing landscape,
(d)  that continuous public access, and opportunities to provide continuous public access, along the river front and to the Murray River are not likely to be compromised,
(e)  that any historic, scientific, cultural, social, archaeological, architectural, natural or aesthetic significance of the land on which the development is to be carried out and of surrounding land is to be maintained.
7.7   Riparian land and Murray River and other watercourses—general principles
(1)  The objective of this clause is to protect and maintain the following—
(a)  water quality within the Murray River and other watercourses,
(b)  the stability of the bed and banks of the Murray River and other watercourses,
(c)  aquatic riparian habitats,
(d)  ecological processes within the Murray River and other watercourses and riparian areas.
(2)  This clause applies to land—
(a)  identified as “Watercourse” on the Natural Resource—Watercourse Map, and
(b)  situated within 40 metres of the top of the bank of a watercourse (being a watercourse situated on land referred to in paragraph (a)).
(3)  Before determining a development application to carry out development on land to which this clause applies, the consent authority must consider whether or not the development—
(a)  is likely to cause any adverse impact on the following—
(i)  the water quality and flows within a watercourse,
(ii)  aquatic and riparian species, habitats and ecosystems,
(iii)  the stability of the bed, shore and banks of a watercourse,
(iv)  the free passage of fish and other aquatic organisms within or along a watercourse,
(v)  any future rehabilitation of a watercourse and riparian areas, and
(b)  will increase water extraction from a watercourse.
(4)  Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied that—
(a)  the development is designed, sited and will be managed to avoid any significant adverse environmental impact, or
(b)  if that impact cannot be avoided by adopting feasible alternatives—the development is designed, sited and will be managed to minimise that impact, or
(c)  if that impact cannot be minimised—the development will be managed to mitigate that impact.
7.8   Additional provisions—development on river bed and banks of the Murray River
(1)  The objectives of this clause are as follows—
(a)  to manage and maintain the quality of water in the Murray River,
(b)  to protect the environmental values, scenic amenity and cultural heritage of the Murray River,
(c)  to protect the stability of the bed and banks of the Murray River,
(d)  to limit the impact of structures in or near the Murray River on natural riverine processes and navigability of the River.
(2)  This clause applies to land comprising the bed of the Murray River and up to the top of the bank of that River.
(3)  Development consent must not be granted to any development on land to which this clause applies unless the consent authority is satisfied of the following—
(a)  that the development is likely to contribute to achieving the objectives of the zone in which the land is located,
(b)  that the development will not increase erosion,
(c)  that the development is not likely to cause an adverse effect on riverine habitat or flora or fauna habitats,
(d)  that the development will not cause an adverse effect on drainage or flow patterns.
(4)  Development consent must not be granted for the erection of a structure on land to which this clause applies unless the consent authority is satisfied of the following—
(a)  that the proposed structure will not be located on an outside bend of the Murray River,
(b)  that the appearance of the proposed structure, from both the Murray River and any adjacent land, will be compatible with the surrounding area,
(c)  that the development does not involve, and will not result in, the erection of more than one mooring per lot or per lots owned by the same owner or owners.
(5)  This clause is in addition to clause 7.7 and prevails to the extent of any inconsistency with that clause.
Note.
 Clause 7.7 sets out matters that must be considered when determining development applications relating to land on or near the Murray River and other watercourses.
7.9   Riverton Farm development, Wentworth
(1)  This clause applies to certain land at Riverton Farm, 107 Pooncarie Road, Wentworth, being Lot 1, DP 1193385.
(2)  Despite any other provision of this Plan, development consent must not be granted to the erection of a dwelling house on land to which this clause applies unless—
(a)  the lowest floor level is 35.35 metres above the Australian Height Datum, and
(b)  the dwelling house is not within 30 metres of any bank of a river, and
(c)  the land has an area of at least 5,000 square metres.
7.10   Building identification signs and business identification signs on land in Zone E4
(1)  This clause applies to all land in Zone E4 Environmental Living.
(2)  Despite any other provision of this Plan, development consent may be granted to building identification signs and business identification signs.
Note.
 Development for the purposes of a building identification sign or business identification sign that is exempt development under the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 may be carried out in accordance with that Policy.