Summary
This Planning Proposal (PP) relates to an amendment to the Ballina Local Environmental Plan 2012 to vary the Minimum Lot Size (MLS) provision that applies to two properties in Tintenbar.
The Proposal concerns two adjoining parcels of land: 86 Foresters Way also known as Lot 2 DP 1037930, (109.91 ha) and 38 Old Tintenbar Road also known as Lot 15 DP 569492 (30.83 ha) and Lot 1 DP1116012 (.209 ha) with a combined land holding of approximately 140 ha.
Ballina LEP 2012 specifies a Minimum Lot Size (MLS) of 40ha for any subdivision in the RU1 Primary Production zoneContinue reading
Summary
This Planning Proposal (PP) relates to an amendment to the Ballina Local Environmental Plan 2012 to vary the Minimum Lot Size (MLS) provision that applies to two properties in Tintenbar.
The Proposal concerns two adjoining parcels of land: 86 Foresters Way also known as Lot 2 DP 1037930, (109.91 ha) and 38 Old Tintenbar Road also known as Lot 15 DP 569492 (30.83 ha) and Lot 1 DP1116012 (.209 ha) with a combined land holding of approximately 140 ha.
Ballina LEP 2012 specifies a Minimum Lot Size (MLS) of 40ha for any subdivision in the RU1 Primary Production zone in this locality. Based on an MLS of 40ha, this equates to a subdivision potential with a maximum of 3 lots for the combined holding.
The land owner is proposing a boundary adjustment (subject to a future development application) to enable the sale of part of the land associated with 38 Old Tintenbar Road. The boundary adjustment proposal would seek creation of one new small lot of approximately 7.88Ha including the two existing dwellings (<40ha) under the terms of Clause 4.2B of Ballina LEP 2012, with the remaining land to be amalgamated into one lot, with an approximate size of 133.4ha.
Council has indicated they would not support the 133ha lot as that would have potential to be subdivided into 3 lots under the current 40ha MLS provision. This would result in the current combined holding having potential to yield a total of 4 lots (i.e. an additional lot/dwelling). This contravenes the prescribed objective for Section 4.2B where;
‘the objective of the clause is to permit lot boundary adjustments in rural zones that will provide improved agricultural or environmental outcomes without creating additional opportunities for the erection of dwellings.’
Council could only support a DA for a new lot less than the 40ha requirement where there is no potential for an increase in the total number of potential lots.
This Planning Proposal is seeking to apply a higher minimum lot size (of 50ha) to the subject sites, so when the planned future boundary adjustment subdivision is to occur, it will not result in the potential for an additional lot or opportunity for the creation of additional dwelling entitlements and the intent of Section 4.2B of Ballina LEP 2012 can be met.
Council has been authorised as the local plan-making authority and has been given delegation by the Department of Planning and Environment to make the local environmental plan (s3.36(2) of the Environmental Planning and Assessment Act 1979).
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 Department of Planning and Environment’s website www.planning.nsw.gov.au
