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Draft Hilltops LEP – Structure

The structure of the Draft Hilltops LEP is consistent with the structure established by the NSW government in the establishment of the Standard Instrument LEP (add link to NSW Planning website to find this).  The Draft Hilltops LEP comprises of:

  • Part 1 – Preliminary
  • Part 2 – Permitted or Prohibited Development
  • Part 3 – Exempt and Complying Development
  • Part 4 – Principal Development Standards
  • Part 5 – Miscellaneous Provisions
  • Part 6 – Urban Release Areas
  • Part 7 – Additional Local Provisions
  • Schedule 1 – Additional Permitted Uses
  • Schedule 2 – Exempt Development
  • Schedule 3 – Complying Development
  • Schedule 4 – Classification and Reclassification of land
  • Schedule 5 – Environmental Heritage
  • Schedule 6 – Pond-based and tank-based aquaculture

A summary of each section of the document is provided below, with a full explanation of the provisions in the Draft Hilltops LEP and the changes proposed, outlined in the Draft Hilltops LEP Planning Proposal and available via the following links:

Planning Proposal – draft Hilltops Local Environmental Plan – 30 October 2020

Attachment A – Hilltops LEP Clause Explainer (All LEP Clauses)

Attachment B – Aims of the Plan (Part 1 of LEP)

Attachment C Land Use Zone Objectives and Tables (Part 2 of LEP)

Attachment D – Residential and Rural Minimum Lot Size (Part 4 of LEP)

Attachment E – Urban Release Area Paper (Part 6 of LEP)

Attachment F – Planning Proposal – Local Clauses and Environmental Layers (Part 7 of LEP)

Attachment G – Planning Proposal Report: Hilltops Heritage Review 2019 (Schedule 5 of LEP)

Part 1 – Preliminary

Part 1 of the Draft Hilltops LEP includes the overall aim of the Plan, where the Plan applies, relationships with other instruments and other transitional arrangements.

The Aims have been updated to:

  • align with the Standard Planning Instrument;
  • combine the Aims of the three current LEPs; and
  • address the objectives of Hilltops 2040 – the endorsed Local Strategic Planning Statement for Hilltops.

See Attachment A – Hilltops LEP Clause Explainer (All LEP Clauses) and Attachment B – Aims of the Plan (Part 1 of LEP) for proposed wording and justification.

Part 2 – Permitted or Prohibited Development

Part 2 of the consolidated Hilltops LEP comprises of the land use zones, including the zone objectives and tables summarising the permitted or prohibited development within each of these zones.

The Zone Objectives have been updated and expanded to:

  • align with the Standard Planning Instrument;
  • combine the Aims of the three current LEPs; and
  • address the objectives of Hilltops 2040 – the endorsed Local Strategic Planning Statement for Hilltops.

The Zone assessment tables for permitted or prohibited development have been updated to:

  • achieve consistency across Hilltops
  • align with current State policy and guidance
  • align with the objectives of Hilltops 2040 – the endorsed Local Strategic Planning Statement for Hilltops.

See Attachment C Land Use Zone Objectives and Tables (Part 2 of LEP) for further information, including proposed wording and justification.

Please Note: Proposed Zone mapping amendments are also noted in Attachment C  In summary, proposed Zone mapping changes are based upon:

  • consistent use of zones across Hilltops;
  • progressing Hilltops 2040;
  • amending anomalies; and
  • the directions and guidance of the NSW government, including the directions set through the Standard Instrument LEP.

Part 3 – Exempt and Complying Development

Part 3 of the Draft Hilltops LEP identifies the circumstances when development can be undertaken without consent (exempt development) or with consent as complying development.

Exempt and Complying Development Clauses will be retained from the former three LEPs in the consolidated Hilltops LEP.

See Attachment A – Hilltops LEP Clause Explainer (All LEP Clauses) for proposed wording and justification.

Part 4 – Principal Development Standards

Part 4 of the Draft Hilltops LEP includes the development standards for:

  • minimum subdivision lot size for a dwelling
  • rural subdivision
  • exceptions to development standards

The minimum lot size for a dwelling in rural, semi-rural and in town residential lands has been rationalised in the consolidated Hilltops LEP to provide greater consistency across Hilltops.

Minimum lot size objectives and controls correspond with the relevant zone objectives and generally correspond to zone boundaries with the exception of land within the RU4 Primary Production Small Lots Zone and the RU1 Primary Production Zone.  The variations in minimum lot size in the RU4 Zone apply due to the varied circumstances of lands within the zone as a result of …. For further information please go to …..

The Draft Hilltops LEP retains the current lot sizes applicable within the RU1 Primary Production Zone under the Young, Harden and Boorowa LEP’s.  Council is proposing to review these lot sizes in the near future, subject to the completion and release of updated mapping, data and policy from the NSW Government.  Hilltops Council will continue to seek updated Important Agricultural Land Mapping (IAL) mapping from the Department of Primary Industries to ensure this is resolved as soon as possible. For further information please go to …..

Rural subdivision requirements are consistent with those currently in place.

Exceptions to development standards are consistent with those currently in place and align with the Standard Instrument LEP.

See Attachment D – Residential and Rural Minimum Lot Size (Part 4 of LEP) for further information, draft wording, and justification of Part 4 of the Draft Hilltops LEP.

Part 5 – Miscellaneous Provisions

Part 5 of the consolidated Hilltops LEP covers miscellaneous provisions including compulsory clauses. The changes proposed within Part 5 are seeking to achieve greater consistency in relation to:

  • Clause 5.3 Development near zone boundaries
  • Clause 5.4 Controls relating to miscellaneous permissible uses

See Attachment A – Hilltops LEP Clause Explainer (All LEP Clauses) for proposed wording and justification.

Part 6 – Urban Release Areas

The Draft Hilltops LEP proposes the introduction of Urban Release Areas, as they are not currently used in the existing three LEPs.

The Urban Release Areas clause is used by several local governments across NSW to provide further guidance and direction for planning and development of lands  identified as potential locations for future residential growth.  The Urban Release Areas clauses summarise the further work required before urban development can be approved.  This includes matters relating but not limited to:

  • confirming the suitability and capacity of lands.
  • the orderly and appropriate urban service provision
  • confirming road and open space networks

It is also used as an interim measure to stop inappropriate or potential under development (eg. use for rural residential purposes).

The introduction of this clause into the Hilltops LEP will allow these lands to be identified appropriately, in addition to highlighting the specific outcomes and work required before urban development can occur.

The model clauses for the Urban Release Area have been utilised. See Attachment E – Urban Release Area Paper (Part 6 of LEP) for further information.

Part 7 – Additional Local Provisions

As a result of including Urban Release Areas in Part 6, Additional Local Provisions becomes Part 7 with this Planning Proposal.

Local provisions have been harmonised in the new LEP to apply consistently across the Hilltops Local Government Area.

The Additional Local Provisions include:

  • Environmental Clauses
    • Earthworks
    • Terrestrial biodiversity
    • Riparian land and Watercourses
    • Groundwater vulnerability
    • Flood planning
    • Protection of water quality in drinking water catchments
    • Salinity
    • Highly erodible soils
  • Local Clauses (currently in use under one or more of the three LEPs)
    • Development along the Lachlan and Boorowa Rivers and Lake Wyangala
    • Essential Services Provision
    • Development on land known as Carinya Estate

Part 7 includes updated terrestrial biodiversity mapping and clauses, provided by the Department of Planning Industry and Environment.  These updates are some of the most significant changes to the Additional Local Provisions and it recommended that the maps and clauses be reviewed to see if an how they relate to your property or neighbourhood.

See Attachment A – Hilltops LEP Clause Explainer (All LEP Clauses) and Attachment F – Planning Proposal – Local Clauses and Environmental Layers (Part 7 of LEP) for further information and clauses.

Schedule 1 – Additional Permitted Uses

Revised to include the Schedule 1 planning provisions contained within the existing Young LEP 2010, Harden LEP 2011 and Boorowa LEP 2012.

See Attachment A – Hilltops LEP Clause Explainer (All LEP Clauses) for further information and content of proposed schedules.

Schedule 2 – Exempt Development

Revised to consolidate the Schedule 2 planning provisions from the existing Young LEP 2010, Harden LEP 2011 and Boorowa LEP 2012.

See Attachment A – Hilltops LEP Clause Explainer (All LEP Clauses) for further information and content of proposed schedules.

Schedule 3 – Complying Development

Revised to consolidate the Schedule 3 planning provisions from the existing Young LEP 2010, Harden LEP 2011 and Boorowa LEP 2012 to form Schedule 3 under the proposed draft Hilltops LEP.

See Attachment A – Hilltops LEP Clause Explainer (All LEP Clauses)  for further information and content of proposed schedules.

Schedule 4 – Classification and Reclassification of Land

No reclassifications of land are proposed as a part of this planning proposal.  Future reclassifications, if required, will be undertaken through a separate planning proposal process once the Hilltops LEP has been made.

Any future reclassifications will occur in accordance with NSW planning legislation, including consultation with public authorities who use or have interest in Crown Land such a Local Land Services, Local Aboriginal Land Council’s and local community groups will be undertaken for a future planning proposal.

See Attachment A – Hilltops LEP Clause Explainer (All LEP Clauses) for further information.

Schedule 5 – Environmental Heritage

Schedule 5 provides a consistent approach to Environmental Heritage listing across Hilltops, including the introduction of listings within the former Boorowa Shire.

The Environmental Heritage listings within Schedule 5 were determined in response to the recommendations from the Hilltops Heritage Review 2019 (Schedule 5 of LEP)  (Attachment G). The Review recommends 298 individual heritage items for inclusion and XX heritage items be removed in the proposed Schedule 5 Environmental Heritage in the new Hilltops LEP.  

A report was presented to Council to consider the contents of Hilltops Heritage Review 2019 (Schedule 5 of LEP)  (Attachment G) along with the Draft Hilltops LEP Planning Proposal at the October 2020 Ordinary Meeting of Hilltops Council Meeting. It was resolved at this meeting that Council:

  1. Acknowledged the Hilltops Cultural Heritage Review Study prepared by High Ground Consulting dated November 2019 for the purpose of a consolidated Local Heritage Register for inclusion into the draft Hilltops Local Environmental Plan (LEP) Planning Proposal; and
  2. Undertake further consultation as part of the comprehensive Hilltops LEP process with identified landowners, noted in the study.

Schedule 5 and the Hilltops Heritage Review includes previous identified heritage items of local significance from existing schedules and heritage studies undertaken by the former Councils and includes items previously identified in Boorowa which were not included in the Boorowa LEP.

Schedule 6 – Pond-based and tank-based aquaculture

This is a compulsory Schedule required by the Standard Instrument LEP.  

No changes are proposed to Schedule 6 as part of development of the Draft Hilltops LEP.