Yass Valley Local Environmental Plan 2013
Current version for 10 July 2020 to date (accessed 6 August 2020 at 03:34)
Part 6
Part 6 Additional local provisions
6.1   Earthworks
(1)  The objective of this clause is 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.
(2)  Development consent is required for earthworks unless—
(a)  the earthworks are exempt development under this Plan or another applicable environmental planning instrument, or
(b)  the earthworks are ancillary to development that is permitted without consent under this Plan or to development for which development consent has been given.
(3)  Before granting development consent for earthworks (or for development involving ancillary earthworks), the consent authority must consider the following matters—
(a)  the likely disruption of, or any detrimental effect on, drainage patterns and soil stability in the locality of the development,
(b)  the effect of the 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 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 waterway, drinking water catchment or environmentally sensitive area,
(h)  any appropriate measures proposed to avoid, minimise or mitigate the impacts of the development.
Note.
 The National Parks and Wildlife Act 1974, particularly section 86, deals with harming Aboriginal objects.
6.2   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 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)  will not 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)  will not 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 by the NSW Government in April 2005, 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.
6.3   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 “Biodiversity” on the Natural Resources Biodiversity Map.
(3)  Before determining a development application for development on land to which this clause applies, the consent authority must consider—
(a)  whether the development is likely to have—
(i)  any adverse impact on the condition, ecological value and significance of the fauna and flora on the land, and
(ii)  any adverse impact on the importance of the vegetation on the land to the habitat and survival of native fauna, and
(iii)  any potential to fragment, disturb or diminish the biodiversity structure, function and composition of the land, and
(iv)  any adverse impact on the habitat elements providing connectivity on the land, and
(b)  any appropriate measures proposed to avoid, minimise or mitigate the impacts of the development.
(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 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.
6.4   Groundwater vulnerability
(1)  The objectives of this clause are as follows—
(a)  to maintain the hydrological functions of key groundwater systems,
(b)  to protect vulnerable groundwater resources from depletion and contamination as a result of development.
(2)  This clause applies to land identified as “Groundwater vulnerability” on the Groundwater Vulnerability Map.
(3)  Before determining a development application for development on land to which this clause applies, the consent authority must consider the following—
(a)  the likelihood of groundwater contamination from the development (including from any on-site storage or disposal of solid or liquid waste and chemicals),
(b)  any adverse impacts the development may have on groundwater dependent ecosystems,
(c)  the cumulative impact the development may have on groundwater (including impacts on nearby groundwater extraction for a potable water supply or stock water supply),
(d)  any appropriate measures proposed to avoid, minimise or mitigate the impacts of the development.
(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.
6.5   Riparian land and watercourses
(1)  The objective of this clause is to protect and maintain the following—
(a)  water quality within watercourses,
(b)  the stability of the bed and banks of watercourses,
(c)  aquatic and riparian habitats,
(d)  ecological processes within watercourses and riparian areas.
(2)  This clause applies to all of the following—
(a)  land identified as “Watercourse” on the Riparian Lands and Watercourses Map,
(b)  all land that is within 40 metres of the top of the bank of each watercourse on land identified as “Watercourse” on that map.
(3)  Before determining a development application for development on land to which this clause applies, the consent authority must consider—
(a)  whether or not the development is likely to have any adverse impact on the following—
(i)  the water quality and flows within the watercourse,
(ii)  aquatic and riparian species, habitats and ecosystems of the watercourse,
(iii)  the stability of the bed and banks of the watercourse,
(iv)  the free passage of fish and other aquatic organisms within or along the watercourse,
(v)  any future rehabilitation of the watercourse and riparian areas, and
(b)  whether or not the development is likely to increase water extraction from the watercourse, and
(c)  any appropriate measures proposed to avoid, minimise or mitigate the impacts of the development.
(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.
6.6   Salinity
(1)  The objective of this clause is to provide for the appropriate management of land that is subject to salinity and the minimisation and mitigation of adverse impacts from development that contributes to salinity.
(2)  This clause applies to land identified as “Dryland Salinity” on the Natural Resources Land Map.
(3)  Before determining a development application for development on land to which this clause applies, the consent authority must consider the following—
(a)  whether the development is likely to have any adverse impact on salinity processes on the land,
(b)  whether salinity is likely to have an impact on the development,
(c)  any appropriate measures proposed to avoid, minimise or mitigate the impacts of the development.
(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.
6.7   Highly erodible soils
(1)  The objective of this clause is to provide for the appropriate management of land that has highly erodible soils or has the potential to be affected by the process of soil erosion.
(2)  This clause applies to land identified as “High Soil Erodibility” on the Natural Resources Land Map.
(3)  Before determining a development application for development on land to which this clause applies, the consent authority must consider the following—
(a)  whether the development is likely to have any adverse impact on soil erosion processes on the land,
(b)  whether soil erosion is likely to have an impact on the development,
(c)  any appropriate measures proposed to avoid, minimise or mitigate the impacts of the development.
(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.
6.8   Essential services
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 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 vehicular access,
(f)  connection to a communications network with voice or data capability (or both).
6.9   Development within a designated buffer area
(1)  The objective of this clause is to protect the operational environment of sewage treatment plants, waste disposal facilities and water treatment facilities, and to limit the impact of these facilities on proposed sensitive land uses.
(2)  This clause applies to land identified as “Water, Waste and Sewerage Buffers” on the Water, Waste and Sewerage Buffer Map.
(3)  Before granting development consent for development on land to which this clause applies, the consent authority must consider the following—
(a)  the impact that any noise, odour or other emissions associated with the existing facility would have on the development,
(b)  any measures incorporated into the development that would limit the impact of noise, odour and other emissions associated with the existing facility,
(c)  any opportunity to relocate the development outside land to which this clause applies,
(d)  whether the development would adversely affect the operational environment of the existing facility on land to which this clause applies.
6.10   Development on land intended to be acquired for Barton Highway duplication
(1)  The objective of this clause is to limit development on land intended to be acquired for the construction of the Barton Highway duplication.
(2)  This clause applies to land identified as “Barton Highway Corridor” on the Barton Highway Duplication Map.
(3)  Development consent must not be granted for any development of a permanent nature (for example, a building) on land to which this clause applies unless the development is consistent with the purpose for which the land is intended to be acquired.
(4)  A condition of a development consent granted under subsection (3) may require the demolition or removal of the work for which consent is granted before the land is acquired for the purpose of the Barton Highway duplication.
6.11   Location of restricted premises and sex services premises
(1)  The objective of this clause is to minimise land use conflicts and adverse amenity impacts by providing a reasonable level of separation between restricted premises and sex services premises and specified land uses and places regularly frequented by children.
(2)  In deciding whether to grant development consent to development for the purposes of restricted premises or sex services premises, the consent authority must consider the following—
(a)  whether the premises will be located on land that adjoins, is directly opposite to or is separated only by a local road from land—
(i)  in Zone R1 General Residential, Zone R2 Low Density Residential, Zone R3 Medium Density Residential, Zone R5 Large Lot Residential or Zone RE1 Public Recreation, or
(ii)  used for the purposes of a centre-based child care facility, a community facility, a school or a place of public worship,
(b)  the impact of the proposed development and its hours of operation on any place likely to be regularly frequented by children—
(i)  that adjoins the proposed development, or
(ii)  that can be viewed from the proposed development, or
(iii)  from which a person can view the proposed development.
6.12   Development on certain land in Gundaroo in Zone R2 Low Density Residential
(1)  This clause applies to land in Zone R2 Low Density Residential and shown edged blue on the Lot Size Map.
(2)  Despite any other provision of this Plan, the size of any lot resulting from a subdivision of land to which this clause applies is not to be less than 5,000 square metres unless the lot is connected to a reticulated sewerage scheme.
(3)  Development consent may be granted to development for the purposes of a dual occupancy on land to which this clause applies, where the land is not connected to a reticulated sewerage scheme, only if the size of the lot on which the development is to be carried out is at least 10,000 square metres.
(4)  Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied that the development is designed, sited and will be managed to avoid contamination of groundwater.
6.13   Development on certain land in Sutton in Zone R5 Large Lot Residential
(1)  The objectives of this clause are as follows—
(a)  to ensure lot sizes have appropriate regard to the characteristics of the land, including biodiversity values,
(b)  to enable safe and efficient access to Sutton Village by road,
(c)  to manage and maintain the quality of water in the Yass River,
(d)  to protect the environmental values and scenic amenity and cultural heritage of the Yass River.
(2)  This clause applies to land in Zone R5 Large Lot Residential and shown edged green on the Lot Size Map.
(3)  Despite clause 4.1, development consent may be granted for the subdivision of land to which this clause applies if the consent authority is satisfied that—
(a)  the average area of all the lots created will be at least the minimum size shown on the Lot Size Map in relation to the land, and
(b)  none of the lots created will have an area of less than 5,000 square metres, and
(c)  none of the lots created will have an area greater than 2.5 hectares, and
(d)  vehicular access to and from each of the lots created will be provided by Guise Street, Sutton, and
(e)  in relation to land adjoining the Yass River, all land adjoining the Yass River will be retained in one lot.
(4)  Development consent must not be granted to development for the purpose of a dual occupancy on a lot on land to which this clause applies unless the area of the lot is at least 10,000 square metres.
(5)  Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied that—
(a)  there are appropriate measures proposed to avoid, minimise or mitigate any likely adverse impacts of the development on the Yass River, and
(b)  if required, there are appropriate measures proposed to rehabilitate the riparian area of the Yass River, and
(c)  the development is not likely to increase water extraction from the Yass River.