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Introduction

The new Hilltops LEP will consolidate existing LEP Local Clauses that applies to Hilltops Local Government Area. Local Clauses in the new LEP includes various environmental layers and amalgamation of existing LEP local clauses.

Council is consulting with NSW DPIE Environment team during the preparation of the new Hilltops LEP. It is noted that further information and mapping related to the Environmental Layers and the combined Local Clauses will be provided by NSW DPIE Environment team. With this information, the local clauses will be updated as a part of the gateway process.

Proposed Clauses

The proposed LEP Local Clauses outlined below include contents that exist in current LEPs of Young, Harden and Boorowa. The proposal is primarily an administrative merger of LEP contents applying to the amalgamated Local Government Area.

Environmental Clauses

1. Earthworks
2. Terrestrial biodiversity
3. Riparian land and watercourses
4. Groundwater vulnerability
5. Flood planning
5A. Protection of water quality in drinking water catchments
6. Salinity
7. Highly erodible soils

Local Clauses (Amalgam of Existing LEPs)

8. Development along the Lachlan and Boorowa Rivers and Lake Wyangala
9. Essential Services Provision
10. Development on land known as Carinya Estate

Environmental Clauses:

7.1 Earthworks

The purpose 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, neighboring uses, cultural or heritage items or features of the surrounding land.

This clause was included within the three current LEPs:

  • Clause 6.1 in Boorowa LEP 2012 and
  • Clause 6.1 in Harden LEP 2011
  • Clause 6.7 in Young LEP 2010

The additional clauses in the three LEPs are illustrated below:

Young LEP 2010 Development consent is required for the earthwork unless the work does not alter the existing ground level by more than 600 millimeters.
Boorowa LEP 2012 Before granting development consent for earthworks the consent authority must consider any appropriate measures proposed to avoid minimize or mitigate the impacts of the development.
Harden LEP 2011 No additional clause

Proposed Clause – Earthworks

The objectives of this clause are as follows

  • 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,
  • to allow earthworks of a minor nature without separate development consent.

Development consent is required for earthworks unless

  • the work does not alter the ground level (existing) by more than 600 millimetres, or
  • the work is exempt development under this Plan or another applicable environmental planning instrument, or
  • the work is ancillary to other development for which development consent has been given.

Before granting development consent for earthworks, the consent authority must consider the following matters

  • the likely disruption of, or any detrimental effect on, existing drainage patterns and soil stability in the locality,
  • the effect of the proposed development on the likely future use or redevelopment of the land,
  • the quality of the fill or the soil to be excavated, or both,
  • the effect of the proposed development on the existing and likely amenity of adjoining properties,
  • the source of any fill material and the destination of any excavated material,
  • the likelihood of disturbing relics,
  • the proximity to and potential for adverse impacts on any watercourse, drinking water catchment or environmentally sensitive area.
  • 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 disturbing or excavating land and Aboriginal objects.

7.2 Terrestrial Biodiversity

Before determining a development application for land to which this clause applies, the consent authority must consider any adverse impact from the proposed development on native ecological community, habitat of any threatened species, population of ecological community and a regionally significant species of fauna and flora or habitat, and habitat elements providing connectivity.

This clause was included within the three current LEPs

  • Clause 6.3 in Boorowa LEP 2012 – Terrestrial Biodiversity
  • Clause 6.2 in Harden LEP 2011 – Biodiversity Protection
  • Clause 6.5 in Young LEP 2010 – BiodiversitY
Young LEP 2010 Boorowa LEP 2011 Harden LEP 2011
The objective of this clause is to maintain terrestrial and aquatic biodiversity. The objective of this clause is to maintain terrestrial biodiversity. The objective of this clause is to maintain terrestrial biodiversity.
This clause applies to land identified as “Areas of High Biodiversity” on the Natural Resources Sensitivity Biodiversity Map. This clause applies to land identified as “High Conservation Value Vegetation” on the Terrestrial Biodiversity Map. This clause applies to land identified as “Significant Vegetation” on the Natural Resources Biodiversity Map.

Proposed Clause – Terrestrial Biodiversity

The objective of this clause is to maintain terrestrial and aquatic biodiversity, including —

  • protecting native fauna and flora, and
  • protecting the ecological processes necessary for their continued existence, and
  • encouraging the recovery of native fauna and flora and their habitats.

This clause applies to land identified as “Areas of High Biodiversity” on the  map to be available from DPIE,NSW.

Before determining a development application for land to which this clause applies, the consent authority must consider any adverse impact from the proposed development on — 

  • a native ecological community, and 
  • the habitat of any threatened species, populations or ecological community, and
  • biodiversity structure, function and composition of the land, and
  • a regionally significant species of fauna and flora or habitat, and 
  • habitat elements providing connectivity.

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 any adverse environmental impact, or 
  • if that impact cannot be avoided—the development is designed, sited and will be managed to minimise that impact, or 
  • if that impact cannot be minimised—the development will be managed to mitigate that impact. 

7.3 Riparian Land and Watercourses

The purpose of this clause is to maintain hydrological functions of riparian land, waterways, and aquifers.

This clause was included within the three current LEPs

  • Clause 6.5 in Boorowa LEP 2012 – Riparian Land and Watercourses
  • Clause 6.3 in Harden LEP 2011 – Riparian Land and Watercourses
  • Clause 6.4 in Young LEP 2010 – Water
Young LEP 2010 Boorowa LEP 2012 Harden LEP 2011
This clause applies to land identified as “Riparian Corridor” or “Groundwater Vulnerability” on the Natural Resources Sensitivity Water Map.

This clause applies to all of the following:

  • land identified as “Riparian Land and Watercourses” on the Riparian Lands and Watercourses Map.
  • all land that is within 40 metres of the top of the bank of land identified as “Riparian land and Watercourses” on that map.
This clause applies to land situated within a watercourse, or within 40 metres of the top of the bank of any watercourse, identified on the Natural Resources Water Map.

Proposed Clause – Riparian Land and Watercourses

The objective of this clause is to maintain the hydrological functions of riparian land, waterways, and aquifers, including protecting—

  • water quality, and
  • natural water flows, and
  • the stability of the bed and banks of waterways, and
  • groundwater systems.

This clause applies to land identified as “Riparian Corridor” or “Groundwater Vulnerability” on the map to be available from DPIE,NSW.

Before determining a development application for development on land to which this clause applies, the consent authority must consider—

  • whether or not the development is likely to have any adverse impact on the following—
  • the water quality and flows within the watercourse,
  • aquatic and riparian species, habitats and ecosystems of the watercourse,
  • the stability of the bed and banks of the watercourse,
  • the free passage of fish and other aquatic organisms within or along the watercourse,
  • any future rehabilitation of the watercourse and riparian areas, and
  • whether or not the development is likely to increase water extraction from the watercourse, and
  • any appropriate measures proposed to avoid, minimise or mitigate the impacts of the development.

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 any adverse environmental impact, or
  • if that impact cannot be avoided—the development is designed, sited and will be managed to minimise that impact, or
  • if that impact cannot be minimised—the development will be managed to mitigate that impact. 

7.4 Ground Water Vulnerability

The purpose of this clause is to maintain the hydrological functions of key groundwater systems and to protect vulnerable groundwater resources from contamination as a result of inappropriate development.

This clause was included within the three current LEPs

  • Clause 6.4 in Boorowa LEP 2012 – Ground Water Vulnerability
  • Clause 6.4 in Harden LEP 2011 – Ground Water Vulnerability
  • Clause 6.4 in Young LEP 2010 – Water (partially address this issue)
Young LEP 2010 Boorowa LEP 2012 Harden LEP 2011

NA

 

(Refer to 6.4 Young LEP- Water)

This clause applies to land identified as “Ground Water Vulnerable” on the “Ground Water Vulnerability Map”. This clause applies to land identified as “Ground Vulnerability” on the Natural Resources Water Map.

Proposed Clause – Ground Water Vulnerability

The objectives of this clause are as follows— 

  • to maintain the hydrological functions of key groundwater systems,
  • to protect vulnerable groundwater resources from depletion and contamination as a result of development.

This clause applies to land identified as “Groundwater vulnerable” on the  Groundwater Vulnerability Map.

Before determining a development application for development on land to which this clause applies, the consent authority must consider the following— 

  • the likelihood of groundwater contamination from the development (including from any on-site storage or disposal of solid or liquid waste and chemicals),
  • any adverse impacts the development may have on groundwater dependent ecosystems,  
  • the cumulative impact the development may have on groundwater (including impacts on nearby groundwater extraction for a potable water supply or stock water supply), 
  • any appropriate measures proposed to avoid, minimise or mitigate the impacts of the development.

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 any significant adverse environmental impact, or 
  • if that impact cannot be reasonably avoided—the development is designed, sited and will be managed to minimise that impact, or 
  • if that impact cannot be minimised—the development will be managed to mitigate that impact. 

7.5 Flood Planning

The purpose of this clause is to minimize the flood risk to life and property associated with the use of land and applies to land that is at or below the flood planning level.

Only Harden LEP 2011 has the flood planning map.

This clause was included within the three current LEPs

  • Clause 6.2 in Boorowa LEP 2012 – Flood Planning
  • Clause 6.5 in Harden LEP 2011 – Flood Planning
  • Clause 6.6 in Young LEP 2010 – Flood Planning

Council is proposing to note and map flood prone land outside of the LEP Framework to allow for flexibility to update Flood mapping when appropriate. Further consultation with NSW DPIE will occur as a part of the Gateway Determination and Consultation.

Proposed Clause – Flood Planning

The objectives of this clause are as follows— 

  • to minimise the flood risk to life and property associated with the use of land, 
  • 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, 
  • to avoid significant adverse impacts on flood behaviour and the environment.

This clause applies to land at or below the flood planning level. 

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 compatible with the flood hazard of the land, and 
  • is not likely to significantly adversely affect flood behaviour resulting in detrimental increases in the potential flood affectation of other development or properties, and 
  • incorporates appropriate measures to manage risk to life from flood, and 
  • 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 
  • is not likely to result in unsustainable social and economic costs to the community as a consequence of flooding.

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. 

In this clause— 

flood planning level  means the level of a 1:100 ARI (average recurrent interval) flood event plus 0.5 metre freeboard. 

7.5 A Protection of Water Quality in Drinking Water Catchments

The purpose of this clause is to protect and maintain water quality in the drinking water catchments.

This clause was only included in the current Boorowa LEP

  • Clause 6.5 A in Boorowa LEP 2012 – Protection of water quality in drinking water catchments
Young LEP 2010 Boorowa LEP 2012 Harden LEP 2011
NA This clause applies to land identified as “Drinking Water Catchment” on the Drinking Water Catchment Map. NA

Proposed Clause – Protection of water quality in drinking water catchments

The objective of this clause is to protect and maintain water quality in drinking water catchments.

This clause applies to land identified as “Drinking Water Catchment” on the Drinking Water Catchment Map.

Before determining a development application for development on land to which this clause applies, the consent authority must consider the following— 

  • whether or not the development is likely to have any adverse impact on the water quality in the drinking water catchment, 
  • the impact of any on-site use, storage or disposal of waste water or solid waste, 
  • any appropriate measures proposed to avoid, minimise or mitigate the adverse impacts of the development.

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 any significant adverse impact on water quality in the drinking water catchment. 

7.6 Salinity

The purpose 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.

This clause was only included in the current Harden and Boorowa LEP

  • Clause 6.6 in Boorowa LEP 2012 – Salinity
  • Clause 6.6 in Harden LEP 2011 – Salinity
Young LEP 2010 Boorowa LEP 2012 Harden LEP 2011
NA This clause applies to land identified as “Saline Land” on the Salinity Map. (1)  This clause applies to land identified as “Dryland Salinity” on the Natural Resources Land Map.

Proposed Clause – Salinity:

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.

This clause applies to land identified as “Saline Land” on the Salinity Map.

Before determining a development application for development on land to which this clause applies, the consent authority must consider the following—

  • whether the development is likely to have any adverse impact on salinity processes on the land,
  • whether salinity is likely to have an impact on the development,
  • any appropriate measures proposed to avoid, minimise or mitigate the impacts of the development.

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 any significant adverse environmental impact, or
  • if that impact cannot be reasonably avoided—the development is designed, sited and will be managed to minimise that impact, or
  • if that impact cannot be minimised—the development will be managed to mitigate that impact.

7.7 Highly Erodible Soils

The purpose 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 erosion.

This clause was only included in the current Harden LEP

  • Clause 6.7 in Harden LEP 2011 – Highly Erodible Soils
 Young LEP 2010 Boorowa LEP 2012 Harden LEP 2011
NA NA This clause applies to land identified as “High Soil Erodibility” on the Natural Resources Land Map.

Proposed Clause – Highly Erodible Soils:

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.

This clause applies to land identified as “High Soil Erodibility” on the Natural Resources Land Map.

Development consent must not be granted to development on land to which this clause applies unless the consent authority has considered— 

  • whether or not the proposed development is likely to have an impact on soil erosion processes, and 
  • whether or not soil erosion processes are likely to have an impact on the proposed development, and 
  • appropriate measures that can be taken to avoid or reduce any undesirable effects that may result from the impacts referred to in paragraphs (a) and (b). 

Local Clauses:

7.8 Development along the Lachlan and Boorowa Rivers and Lake Wyangala

The purpose of this clause is to protect the immediate environment of Boorowa’s main rivers and water bodies by controlling development along their banks.

Development must not be granted for erection of building on land;

  • comprising the bed of Lachlan or Boorowa Rivers, or
  • Zone RU1 primary production or Zone R5 large lot residential – within 100m of the top of the bank of the Lachlan or Boorowa River
  • Within 100m of the fully supply level of Lake Wyangala

This clause was only included in the current Boorowa LEP

  • Clause 6.7 in Boorowa LEP 2012 – Development along the Lachlan and Boorowa Rivers and Lake Wyangala

Proposed Clause – Development along the Lachlan and Boorowa Rivers and Lake Wyangala:

The objective of this clause is to protect the immediate environs of Boorowa’s main rivers and water bodies by controlling development along their banks.

Development consent must not be granted for the erection of a building on land— 

  • comprising the bed of the Lachlan or Boorowa Rivers, or 
  • in Zone RU1 Primary Production or Zone R5 Large Lot Residential—within 100 metres of the top of the bank of the Lachlan or Boorowa River, or 
  • within 100 metres of the full supply level of Lake Wyangala, unless the consent authority is satisfied that the building— 
  • is ancillary to the use of the land for the purpose of a recreation area, or 
  • is for the purposes of fisheries, irrigation works (including the pumping and treatment of water for private domestic consumption), marinas, utility installations or the servicing of vessels, or 
  • is ancillary to some other existing lawful use that includes an existing building, and that no part of the building will be nearer to the river than the existing building, or 
  • is to replace an existing building and no part of the replacement building will be nearer to the river than the existing building. 

7.9 Essential Services

The purpose of this clause is to make sure that development consent must not be granted to development unless the consent authority is satisfied that any of the essential services (water, electricity, sewage, stormwater drainage and road access) are available or that adequate arrangements have been made to make them available when required.

This clause was included only in the current Boorowa and Harden LEP

  • Clause 6.8 in Boorowa LEP 2012 – Essential Services
  • Clause 6.8 in Harden LEP 2011 – Essential Services
Young LEP 2010 Boorowa LEP 2012 Harden LEP 2011
NA No mention of zone where this clause applies. This clause applies to land in Zone RU4 Primary Production Small Lots and Zone R5 Large Lot Residential.

Proposed Clause – Essential Services

This clause applies to land in Zone RU4 Primary Production Small Lots and Zone R5 Large Lot Residential.

Development consent must not be granted to development on land to which this clause applies 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— 

  • the supply of water, 
  • the supply of electricity, 
  • the disposal and management of sewage, 
  • stormwater drainage or on-site conservation, 
  • suitable road access.

This clause does not apply to development for the following purposes— 

  • providing, extending, augmenting, maintaining, or repairing any public utility infrastructure,
  • the subdivision of land that is more than 800 metres from any public sewer main or is intended only to—
    • enlarge the area of an existing lot, or 
    • rectify any encroachment on an existing lot, or 
    • open a new road. 

7.10 Development on land known as Carinya Estate

The purpose of this clause is to ensure that the location of dwellings and other development on the land to which this clause applies is appropriate having regard to the management of bushfire risk and biodiversity protection.

This clause was included only in the current Boorowa LEP

  • Clause 6.9 in Boorowa LEP 2012 – Development on land known as Carinya Estate
Young LEP 2010 Boorowa LEP 2012 Harden LEP 2011
NA This clause applies to land off Caringa Road, Boorowa, being Lots 1–31, DP 285029 (known as Carinya Estate and identified as “Environmentally Sensitive Land” on the Environmentally Sensitive Land Map. NA

Proposed Clause – Development on land known as Carinya Estate

The objective of this clause is to ensure that the location of dwellings and other development on the land to which this clause applies is appropriate having regard to the management of bush fire risk and biodiversity protection. 

This clause applies to land off Caringa Road, Boorowa, being Lots 1–31, DP 285029 (known as Carinya Estate and identified as “Environmentally Sensitive Land” on the Environmentally Sensitive Land Map).

Development consent must not be granted to development on land to which this clause applies unless— 

  • the development is consistent with any development control plan that applies to the land, and 
  • the consent authority is satisfied that—
    • the development will be protected by a bushfire asset protection zone, 
    • the development will not substantially impact on the flora and fauna of the site.

If a development application has been made before the commencement of State Environmental Planning Policy Amendment (Planning for Bush Fire Protection) 2020in relation to land to which this clause applies and the application has not been finally determined before that commencement, the application must be determined as if that Policy had not commenced. 

In this clause, bushfire asset protection zone means an asset protection zone in accordance with Planning for Bush Fire Protection, ISBN 978 0 646 99126 9, prepared by the NSW Rural Fire Service in co-operation with the Department of Planning, Industry and Environment, dated November 2019.