Colossal changes have been made to Oberon’s Local Environmental Plan (LEP) by the NSW Department of Planning (DoP), placing Oberon among a group of 72 councils across NSW whose LEP’s have been amended by State Environmental Planning Policy (SEPP) Rural Lands, which took effect on Friday the 9th of May.
It came as a shock to Oberon Council, who after the inquiry done by the Central West Rural Lands Inquiry, headed by former Minister Gary West, expected that they would have until March 2009 to continue with their previous subdivision clauses when the new LEP becomes effective.
“Myself and the Deputy Mayor attended a briefing session on the new SEPP in Orange recently. At no time during the session did the presenters give an indication that the changes caused by the SEPP would have an immediate impact on Councils. We, and other Planners that I have spoken with since, thought that as long as the requirements of the SEPP were addressed in our new LEP, the status quo would remain the same until March 2009 when we are due to have our new LEP in place”, Council’s Director of Development, Ralph Tambasco, said.
The new SEPP has omitted or changed a number of clauses that will affect subdivision within the Oberon Council area and most of the other 72 Councils listed in the Government Gazette.
Clause 12 (3), (4), (5) previously allowed a ‘retirement lot’, between 2-10 hectares, to be created provided certain requirements were met. This has now been completely omitted. This clause still allows subdivision of land to occur for agriculture and the lot created can be smaller than the 2 hectare minimum required by the Oberon LEP, but with no dwelling entitlement. In other words, an agricultural lot cannot be created if it will contain an existing dwelling. Also, a new dwelling will not be allowed to be built on the lot either.
Clauses 13 and 14 previously allowed subdivision of land for ‘concessional’ or ‘excised’ lots for dwellings. These clauses have now been completely omitted.
Clause 16, a rarely used clause, refers to subdivision for “other purposes” in Zone 1(a) and 1(e)(the former Evans part of the Shire). This clause still allows land to be subdivided into any size for a use other than agriculture, forestry or a dwelling. Clause 18 previously referred to lots created in accordance with the now omitted Clauses 13 and 14. Clause 18 still allows a dwelling to be built on vacant land, provided the land is an original holding that has not been subdivided, or is the largest lot of an original holding that was previously subdivided. A dwelling can also be built on an allotment that was subdivided quite a period of time ago and where the approval for the subdivision has not lapsed.
Clause 18 (B) is a new clause. It allows a dwelling to be built on existing concessional lots that have been created or where an approval has already been given to create a lot.
The SEPP has not made any changes to the 1 (e) zone where you still need a minimum lot size of 100 hectares.
Any applications submitted to council before the 9th of May 2008 can still be processed under the former rules.
Mr Tambasco has written to the DoP requesting answers to six specific questions concerning the old Interim Development Order (IDO), such as querying what the future is for subdivisions that have been commenced but have not been completed, and therefore have not been legally created.
“The question is whether a person can still build a dwelling on those old IDO lots”, Mr. Tambasco said.
Mr. Tambasco advises those with a Development Consent for subdivision for excised lots to act quickly, just in case the answers to the questions are not favourable.
“Applicants are urged to read conditions of consent, submit the Construction Certificate for accesses, construct the accesses and complete the fencing, comply with any other requirements, and to submit their Subdivision Certificates (plans of subdivision) to council so they can be released if the conditions are complied with. Once I have obtained answers to my questions, I will let Council and the community know”, Mr Tambasco said.
Mr. Tambasco also suggests people concerned visit the Oberon Council website www.oberon.nsw.gov.au and view the latest version of the Local Environmental Plan 1998, as amended. Alternatively, members of the public can contact Council’s Development Department on 02 63361100 if they have any queries.
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