Yass Valley Local Environmental Plan 2013
Current version for 10 July 2020 to date (accessed 6 August 2020 at 03:33)
Part 4
Part 4 Principal development standards
4.1   Minimum subdivision lot size
(1)  The objectives of this clause are as follows—
(a)  to minimise the likely impact of subdivision on the amenity of neighbouring properties,
(b)  to ensure that lot sizes and dimensions have appropriate regard to the characteristics of the land, the rural environment, the protection of biodiversity, significant geological and natural resources, the heritage and the built form of Yass Valley,
(c)  to ensure that subdivision reflects and reinforces the predominant subdivision patterns of neighbouring properties and surrounds,
(d)  to maintain the character of Yass Valley,
(e)  to ensure subdivision occurs in a planned and sustainable way,
(f)  to ensure subdivision does not create unreasonable or uneconomic demands for the provision or extension of services,
(g)  to prevent the subdivision of land on the fringe of urban areas into small lots that may negatively influence the layout of future urban areas.
(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,
(b)  to ensure that lot sizes and subdivision patterns for tourist and visitor accommodation provide protection for the rural and environmental values of the area.
(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 RU2 Rural Landscape,
(c)  Zone RU4 Primary Production Small Lots,
(d)  Zone RU5 Village,
(e)  Zone R2 Low Density Residential,
(f)  Zone R5 Large Lot Residential,
(g)  Zone E3 Environmental Management,
(h)  Zone E4 Environmental Living,
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.
(3A)  Despite subclause (3), development consent may be granted for the subdivision of land to which this clause applies resulting in lots that are less than the minimum size shown on the Lot Size Map in relation to that land if the consent authority is satisfied that—
(a)  the use of the land after subdivision will be for the purpose of an eco-tourist facility permitted under an existing development consent for the land, and
(b)  the development is complementary to the rural and environmental attributes of the land and its surrounds, and
(c)  there is or will be appropriate vehicular access servicing the lots, and
(d)  if there is or will be a reticulated sewerage scheme for the land being subdivided—all of the lots created will have an area of at least 2,000 square metres, and
(e)  if on-site sewage management is proposed to dispose of sewage on each individual lot—all of the lots created will have an area of at least 4,000 square metres.
(4)  This clause applies despite clause 4.1.
4.1A   Minimum subdivision lot size for strata plan schemes in certain rural, residential and environment protection 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 is proposed to be used, for residential accommodation or tourist and visitor accommodation—
(a)  Zone RU1 Primary Production,
(b)  Zone RU2 Rural Landscape,
(c)  Zone RU4 Primary Production Small Lots,
(d)  Zone RU5 Village,
(e)  Zone R2 Low Density Residential,
(f)  Zone R5 Large Lot Residential,
(g)  Zone E3 Environmental Management,
(h)  Zone E4 Environmental Living.
(3)  The size of any lot resulting from a subdivision of land to which this clause applies for a strata plan scheme (other than any lot comprising common property within the meaning of the Strata Schemes (Freehold Development) Act 1973 or Strata Schemes (Leasehold Development) Act 1986) is not to be less than the minimum size shown on the Lot Size Map in relation to that land.
Note.
 Part 6 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 provides that strata subdivision of a building in certain circumstances is specified complying development.
4.1B   Subdivision using average lot sizes
(1)  The objectives of this clause are to facilitate alternative subdivision controls that—
(a)  maintain the rural character of the Yass Valley, and
(b)  facilitate a subdivision design that takes into consideration the environmental and agricultural values of the land and best protects those values.
(2)  This clause applies to land in the following zones—
(a)  Zone RU1 Primary Production,
(b)  Zone RU2 Rural Landscape,
(c)  Zone E4 Environmental Living.
(3)  Despite clause 4.1, development consent may be granted to subdivide land in Zone RU1 Primary Production or Zone RU2 Rural Landscape if—
(a)  the average area of all the lots created will be at least 40 hectares, and
(b)  none of the lots created will have an area of less than 20 hectares, and
(c)  none of the lots created will have an area greater than 70 hectares.
Note.
 Under clause 4.1, a subdivision can create a lot with an area greater than 70 hectares.
(4)  Despite clause 4.1AA, development consent may be granted to subdivide land in Zone E4 Environmental Living, under the Community Land Development Act 1989, if—
(a)  the average size of all the lots created will be at least the minimum size shown on the Lot Size Map in relation to that land, and
(b)  if there is a reticulated sewerage scheme—each lot created will have an area of at least 2,000 square metres, and
(c)  if on-site sewage management is proposed to dispose effluent on each individual lot—each lot created will have an area of at least 4,000 square metres, and
(d)  the subdivision can be serviced without placing unreasonable financial burdens on the community, particularly in relation to road upgrading, and
(e)  the lots proposed for residential purposes are located to minimise impacts on the natural environment, and
(f)  sufficient curtilage is provided around items of European or Aboriginal heritage to provide for ongoing protection.
4.1C   Additional requirements for subdivision in certain rural zones
(1)  The objectives of this clause are to enable appropriate subdivision of land to which this clause applies having regard to topographical constraints, agricultural productivity, biodiversity values and environmental impact.
(2)  This clause applies to land in the following zones—
(a)  Zone RU1 Primary Production,
(b)  Zone RU2 Rural Landscape,
(c)  Zone RU4 Primary Production Small Lots.
(3)  Development consent must not be granted for the subdivision of land to which this clause applies unless the consent authority is satisfied that—
(a)  the pattern of lots created by the subdivision and the location of any future buildings on the land are not likely to have a detrimental impact on any riparian land, watercourses or biodiversity values, or exacerbate existing erosion or salinity processes, and
(b)  the subdivision layout has regard to protecting areas of remnant vegetation and will minimise the need for clearing vegetation for any future buildings, accessways, fences and any associated asset protection zones, and
(c)  the pattern of lots will not significantly increase access to a watercourse for stock and domestic purposes, and
(d)  the subdivision will not adversely affect the use of the land and surrounding land for agriculture.
4.1D   Minimum site areas for dual occupancies and multi dwelling housing in Zones R1, R2, R3 and RU5
(1)  The objective of this clause is to achieve planned residential density in certain zones.
(2)  Development consent must not be granted to development for the purposes of a dual occupancy unless the site area per dwelling is at least—
(a)  in the case of Zone R1 General Residential—400 square metres, or
(b)  in the case of Zone R2 Low Density Residential—2,000 square metres, or
(c)  in the case of Zone R3 Medium Density Residential—150 square metres, or
(d)  in the case of Zone RU5 Village if the site is connected to a reticulated sewerage system—750 square metres, or
(e)  in the case of Zone RU5 Village if the site is not connected to a reticulated sewerage system—2,000 square metres.
(3)  Development consent must not be granted to development for the purposes of multi dwelling housing unless the site area per dwelling is at least—
(a)  in the case of Zone R1 General Residential—400 square metres, or
(b)  in the case of Zone R3 Medium Density Residential—150 square metres.
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 all of these zones.
(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   Exceptions to minimum lot sizes for certain rural subdivisions
(1)  The objective of this clause is to enable the subdivision of land in rural areas to create lots of an appropriate size to meet the needs of current permissible uses other than for the purpose of dwelling houses or dual occupancies.
(2)  This clause applies to land in the following zones—
(a)  Zone RU1 Primary Production,
(b)  Zone RU2 Rural Landscape,
(c)  Zone RU4 Primary Production Small Lots.
(3)  Land to which this clause applies may, with development consent, be subdivided 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 if the consent authority is satisfied that the use of the land after the subdivision will be the same use (other than a dwelling house or a dual occupancy) permitted under an existing development consent for the land.
(4)  Development consent must not be granted for the subdivision of land to which this clause applies unless the consent authority is satisfied that—
(a)  the subdivision will not adversely affect the use of the surrounding land for agriculture, and
(b)  the subdivision is necessary for the ongoing operation of the permissible use, and
(c)  the subdivision will not increase rural land use conflict in the locality, and
(d)  the subdivision is appropriate having regard to the natural and physical constraints affecting the land.
4.2B   Erection of dwelling houses and dual occupancies on land in certain rural and environment protection zones
(1)  The objectives of this clause are as follows—
(a)  to minimise unplanned rural residential development,
(b)  to enable the erection of dual occupancies in rural and environment protection zones,
(c)  to enable the replacement of lawfully erected dwelling houses or dual occupancies in rural and environment protection zones.
(2)  This clause applies to land in the following zones—
(a)  Zone RU1 Primary Production,
(b)  Zone RU2 Rural Landscape,
(c)  Zone RU4 Primary Production Small Lots,
(d)  Zone E3 Environmental Management,
(e)  Zone E4 Environmental Living.
(3)  Development consent must not be granted for the erection of a dwelling house or a dual occupancy on land to which this clause applies unless the land—
(a)  is a lot that is at least the minimum lot size shown on the Lot Size Map in relation to that land, or
(b)  is a lot created before this Plan commenced and on which the erection of a dwelling house or a dual occupancy was permissible immediately before that commencement, or
(c)  is 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 or a dual occupancy would have been permissible if the plan of subdivision had been registered before that commencement, or
(d)  is a lot resulting from a subdivision under clause 4.1 or clause 4.1B, or
(e)  would have been a lot or a holding referred to in paragraph (a), (b), (c) or (d) 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 or public reserve or for another public purpose.
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)  Development consent must not be granted under subclause (3) for the erection of a dwelling house unless—
(a)  no dwelling house has been erected on the land, and
(b)  if a development application has been made for development for the purpose of a dwelling house on the land—the application has been refused or it was withdrawn before it was determined, and
(c)  if development consent has been granted in relation to such an application—the consent has been surrendered or it has lapsed.
(5)  Development consent must not be granted under subclause (3) for the erection of a dual occupancy unless—
(a)  no dual occupancy has been erected on the land, and
(b)  if a development application has been made for development for the purpose of a dual occupancy on the land—the application has been refused or it was withdrawn before it was determined, and
(c)  if development consent has been granted in relation to such an application—the consent has been surrendered or it has lapsed.
(6)  Development consent may be granted for the erection of a dwelling house or a dual occupancy on land to which this clause applies if there is a lawfully erected dwelling house or a dual occupancy on the land and the dwelling house or the dual occupancy to be erected is intended only to replace the existing dwelling house or dual occupancy.
(7)  Despite subclauses (3) and (6), development consent may be granted for the erection of a dwelling house to create a dual occupancy on land to which this clause applies if there is a lawfully erected dwelling house on the land.
4.2C   Erection of rural workers’ dwellings on land in Zone RU1 and Zone RU2
(1)  The objectives of this clause are—
(a)  to ensure adequate provision for existing agricultural and rural industries that genuinely require accommodation for permanent on-site employees, and
(b)  to prevent development for a rural worker’s dwelling if the agricultural or rural industry does not have the capacity to support the rural worker’s employment.
(2)  This clause applies to land in the following zones—
(a)  Zone RU1 Primary Production,
(b)  Zone RU2 Rural Landscape.
(3)  Development consent must not be granted for the erection of a rural workers’ dwelling on land to which this clause applies unless the consent authority is satisfied that—
(a)  there is a demonstrated economic capacity of the agricultural or rural industry to support the on going employment of rural workers, and
(b)  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, and
(c)  the development will not result in more than one rural worker’s dwelling being erected on the land comprising the agricultural or rural industry.
4.3   Height of buildings
(1)  The objectives of this clause are as follows—
(a)  to ensure that the heights of buildings are consistent with the existing streetscape or character of the area in which the buildings are to be located,
(b)  to nominate heights that will provide a transition in built form between business, residential and recreation zones,
(c)  to protect the character and significance of heritage items and heritage conservation areas identified in this Plan,
(d)  to encourage well designed, accessible and viable retail and commercial development of a scale that is consistent with existing retail and commercial development,
(e)  to minimise the loss of solar access and privacy for neighbouring development.
(2)  The height of a building on any land is not to exceed the maximum height shown for the land on the Height of Buildings Map.
4.4   Floor space ratio
(1)  The objectives of this clause are as follows—
(a)  to ensure buildings are compatible with the bulk and scale of the existing and future character of the locality,
(b)  to encourage well designed, accessible and viable retail and commercial floor space of a density that is consistent with existing retail and commercial development.
(2)  The maximum floor space ratio for a building on any land is not to exceed the floor space ratio shown for the land on the Floor Space Ratio Map.
4.5   Calculation of floor space ratio and site area
(1) Objectives The objectives of this clause are as follows—
(a)  to define floor space ratio,
(b)  to set out rules for the calculation of the site area of development for the purpose of applying permitted floor space ratios, including rules to—
(i)  prevent the inclusion in the site area of an area that has no significant development being carried out on it, and
(ii)  prevent the inclusion in the site area of an area that has already been included as part of a site area to maximise floor space area in another building, and
(iii)  require community land and public places to be dealt with separately.
(2) Definition of “floor space ratio” The floor space ratio of buildings on a site is the ratio of the gross floor area of all buildings within the site to the site area.
(3) Site area In determining the site area of proposed development for the purpose of applying a floor space ratio, the site area is taken to be—
(a)  if the proposed development is to be carried out on only one lot, the area of that lot, or
(b)  if the proposed development is to be carried out on 2 or more lots, the area of any lot on which the development is proposed to be carried out that has at least one common boundary with another lot on which the development is being carried out.
In addition, subclauses (4)–(7) apply to the calculation of site area for the purposes of applying a floor space ratio to proposed development.
(4) Exclusions from site area The following land must be excluded from the site area—
(a)  land on which the proposed development is prohibited, whether under this Plan or any other law,
(b)  community land or a public place (except as provided by subclause (7)).
(5) Strata subdivisions The area of a lot that is wholly or partly on top of another or others in a strata subdivision is to be included in the calculation of the site area only to the extent that it does not overlap with another lot already included in the site area calculation.
(6) Only significant development to be included The site area for proposed development must not include a lot additional to a lot or lots on which the development is being carried out unless the proposed development includes significant development on that additional lot.
(7) Certain public land to be separately considered For the purpose of applying a floor space ratio to any proposed development on, above or below community land or a public place, the site area must only include an area that is on, above or below that community land or public place, and is occupied or physically affected by the proposed development, and may not include any other area on which the proposed development is to be carried out.
(8) Existing buildings The gross floor area of any existing or proposed buildings within the vertical projection (above or below ground) of the boundaries of a site is to be included in the calculation of the total floor space for the purposes of applying a floor space ratio, whether or not the proposed development relates to all of the buildings.
(9) Covenants to prevent “double dipping” When development consent is granted to development on a site comprised of 2 or more lots, a condition of the consent may require a covenant to be registered that prevents the creation of floor area on a lot (the restricted lot) if the consent authority is satisfied that an equivalent quantity of floor area will be created on another lot only because the site included the restricted lot.
(10) Covenants affect consolidated sites If—
(a)  a covenant of the kind referred to in subclause (9) applies to any land (affected land), and
(b)  proposed development relates to the affected land and other land that together comprise the site of the proposed development,
the maximum amount of floor area allowed on the other land by the floor space ratio fixed for the site by this Plan is reduced by the quantity of floor space area the covenant prevents being created on the affected land.
(11) Definition In this clause, public place has the same meaning as it has in the Local Government Act 1993.
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 all of these zones.
(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 6.12.