Planning Proposal 24/002

General Amendments - Ballina Local Environmental Plan 2012

The Planning Proposal will amend Ballina Local Environmental Plan 2012 to address a number of minor planning issues and improve the interpretation and accuracy of the Plan.

The Proposal addresses 11 separate planning items, as summarised below.

1. Heritage Wall, Cumbalum

Amend reference to Heritage Item I97 within Part 1 of Schedule 5 to the LEP to update the relevant property description. Update Heritage Map sheets to show the item on the correct property.

2. Lennox Head and Alstonville Village Centres

Amend clause 7.13 to replicate active frontage provisions that apply in Ballina CBD to the Lennox Head and Alstonville village centres to promote ground floor uses that attract pedestrian traffic.

3. Shire-wide

Amend clause 4.3A - Exceptions to height of buildings to address sites where existing ground levels are higher than the level shown on the Building Height Allowance Map, providing that the maximum height of a building to which this clause applies is measured from the higher of either the existing ground level or the minimum level (AHD) permitted for that land on the map.

4. Shire-wide

Amend clause 7.9 - Rural and nature-based tourism development to include a reference to agritourism.

5. Shire-wide

In the E1 Local Centre Zone, remove dwelling houses and secondary dwellings from the list of land uses permitted with development consent and include them in the list of prohibited uses.

6. Tintenbar

Remove land at Tintenbar from the Dwelling Opportunities Reinstatement Map.

7. Avalon Estate, 17 Millbrook Terrace, Wollongbar (Lot 129 DP 1276352)

Rezone the parts of the lot that are currently “deferred matter” to C3 Environmental Management. A small portion of R3 Medium Density zoned land on the western boundary of the lot is also proposed to be zoned C3.

This would provide for the subdivision of the land to include one lot containing all of the area zoned C3 Environmental Management, which would then have a dwelling entitlement.

Subsequent map amendments proposed to:

• show land as included on Land Application Map;
• apply a 40ha minimum lot size to the rezoned part of the site;
• apply an 8.5m maximum building height to the rezoned part of the site.

8. Shire-wide

Align LEP provisions to SEPP (Housing) 2021 in relation to dual occupancy development.

SEPP (Housing) 2021 was recently amended to provide that dual occupancy development is now permitted with development consent in Zone R2 Low Density Residential across the State.

Amendment relates to strata subdivision of dual occupancy and removal of redundant provisions from the LEP.

9. Lot 10 DP 12997404 Ascot Place, Ballina

Amend the E4 General Industrial zone boundary and the minimum lot size map to align with property boundary.

10. Shire-wide

Amend wording in clause 4.2B to clarify intention that the application of provision relates only to boundary adjustment subdivisions in rural and conservation zones.

11. Shire-wide

Prohibit advertising structures in all zones. Business and building identification signs would continue to be permitted.

Persons making a submission may need to disclose political donations/gifts provided to a Councillor or Council employee. Significant penalties apply for non-disclosure. For further information visit the NSW Department of Planning, Housing and Infrastructure website planning.nsw.gov.au

Any person may make a submission in writing to Council. Where a submission is by way of objection the grounds of objection must be specified in the submission. All submissions, including any personal information contained therein, will become publicly available documents and will be made available to the applicant and any other interested members of the public. They may also be included in Council’s business paper. If you do not wish your submission to be publicly available you must provide Council with written reasons for this. Alternatively, you may wish to provide an anonymous submission. However, anonymous submissions may be given less (or no) weight in the overall consideration of the proposal.

This development application may be reported to Council for determination at one of its Council Meetings.

Have Your Say

• Online - use the submission form below
• Email: council@ballina.nsw.gov.au
• In writing: addressed to Ballina Shire Council, PO Box 450, Ballina NSW 2478

Submissions open on Thursday 24 October, and close Wednesday 20 November 2024.