Property owners will have recently received a letter from Palerang Council advising that the zoning of their land will change under the new Palerang Local Environmental Plan (PLEP). In most cases, the consequences of the change will be at most minimal, but I thought it might be of interest to explain what’s going on.<\/p>\n
The main purpose of land use zoning, as the name implies, is to control land use in various parts of the shire.<\/p>\n
One of the features of the new PLEP is that it is based on a standard template, issued by the NSW state government to provide a common legislative platform for all NSW local government LEP<\/a>s. This template defines a new, standard set of land use zones that did not match any of the existing zones. For example, the single, all-encompassing YLEP 2(v) Village Zone had to be mapped onto several new zones, as unlike the current Tallaganda LEP (TLEP) and Yarrowlumla LEP (YLEP), the PLEP specifically identifies residential, business and industrial zones within the villages. Similarly, the former TLEP and YLEP 1(a) General Rural Zone has been mapped onto the PLEP RU1, RU2 and E3 zones, recognising land of different agricultural and environmental value. The YLEP 7(e) Environmental Protection and 1(d) Rural Residential Zones were probably the easiest to deal with as they mapped fairly consistently onto the new E3 (Environmental Management) and E4 (Environmental Living) Zones. The TLEP 1(c) Rural Small Holdings Zone was also mapped onto the PLEP E4 Zone.<\/p>\n The upshot of this is that for most properties in rural residential areas, the zone change with the introduction of the PLEP will have no fundamental impact. Every effort was made during the development of the PLEP to map, as far as possible, the definition of the current TLEP 1(c) and YLEP 1(d) zones directly onto that of the PLEP E4 zone, and similarly with the YLEP 7(e) and PLEP E3 zones.<\/p>\n If you own a property in the current YLEP 1(a) General Rural Zone, things may be a little more complicated. Lots in larger holdings may not all be zoned the same, although the new zoning should be consistent with the productivity of the land in question, with more productive land zoned RU1 and land not currently used for agricultural pursuits, or environmentally sensitive in nature zoned E3.<\/p>\n The changes in the village zones revolve around the fact that areas intended primarily for business, industrial and residential use have been specifically identified as such in the LEP, rather than the DCP, with the result that the associated land uses are now more formally restricted to certain areas of the towns and villages.<\/p>\n Note that despite any zoning change, existing use rights are carried forward under the PLEP, so that a property owner is permitted to carry on any currently approved activity, regardless of what may or may not be permitted under the new zoning. Be aware, however, that existing use rights may lapse if they are not continuously exercised.<\/p>\n One of the documents that has been prepared by council’s planning staff to help read the PLEP is a Land Use Matrix<\/a>. This is basically a spreadsheet that lists all the land uses that are permitted, with or without consent, or specifically prohibited in each of the land use zones. While not as elegant as the PLEP version, I have prepared a similar Land Use Matrix for the Yarrowlumla LEP<\/a>, using the information provided in Part 2, Reg. 11<\/a> of the YLEP. The Tallaganda LEP, however, is structured somewhat differently and it is difficult to prepare a meaningful Land Use Matrix from that document. Land use restrictions, such as they are, are listed in Part 2, Reg. 9<\/a> of the TLEP.<\/p>\n The task of comparing land uses between plans is complicated even further by the fact that the actual names of individual land uses is not consistent amongst the various documents. If there is any confusion, you will need to refer back to the original legislation documents, the TLEP 1991<\/a> and the YLEP 2002<\/a>.<\/p>\n","protected":false},"excerpt":{"rendered":" Property owners will have recently received a letter from Palerang Council advising that the zoning of their land will change under the new Palerang Local Environmental Plan (PLEP). In most cases, the consequences of the change will be at most minimal, but I thought it might be of interest to explain what’s going on. The […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[3],"tags":[],"_links":{"self":[{"href":"http:\/\/peteharrison.id.au\/blog\/wp-json\/wp\/v2\/posts\/803"}],"collection":[{"href":"http:\/\/peteharrison.id.au\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/peteharrison.id.au\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/peteharrison.id.au\/blog\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"http:\/\/peteharrison.id.au\/blog\/wp-json\/wp\/v2\/comments?post=803"}],"version-history":[{"count":49,"href":"http:\/\/peteharrison.id.au\/blog\/wp-json\/wp\/v2\/posts\/803\/revisions"}],"predecessor-version":[{"id":853,"href":"http:\/\/peteharrison.id.au\/blog\/wp-json\/wp\/v2\/posts\/803\/revisions\/853"}],"wp:attachment":[{"href":"http:\/\/peteharrison.id.au\/blog\/wp-json\/wp\/v2\/media?parent=803"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/peteharrison.id.au\/blog\/wp-json\/wp\/v2\/categories?post=803"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/peteharrison.id.au\/blog\/wp-json\/wp\/v2\/tags?post=803"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}