(NOT PROCEEDING) Bogan Local Environmental Plan 2011 - proposed changes to minimum lot sizes (60 lots) (NOT PROCEEDING)

Planning proposal not proceeding:An Alteration to Gateway determination dated 6 October 2016 was issued for the planning proposal PP_2014_BOGAN_001 to not proceed.Council resolved on 25 August 2016 to not proceed with the planning proposal and forwarded a request to the Department on 13 September 2016.Original planning proposal:Council submitted a proposal to amend the minimum lot size of 60 lots, currently zoned RU1 Primary Production.The intent of this proposal is to enable a dwelling on each lot, without permitting further subdivision of the land. Council proposes the application of a variable minimum lot size across each of these lots to achieve this (Tag A).Council makes it expressly clear that the intention of the planning proposal is to ensure that no further subdivision could be carried out on the lot as a result of the amendment. The Agency supports the planning proposal as submitted. However, it is considered that a portion of the identified lots (Tag A)be rezoned from RU1 to R5 (Tag B). 45 lots are identified for this rezoning. The primary reason for this rezoning is to better reflect the existing on-the-ground settlement pattern and intended future use of these lots, essentially for residential purposes. The rezoning of these 45 lots was an option considered by Council's consultant Geolyse in their report to Council dated March 2014; however this option was not further investigated, as they believed it would enable further subdivision potential. It is noted that this option was not considered in conjunction with the application of a variable MLS to prohibit this from occurring. The reasons why such a rezoning is considered appropriate for these lots is:- The 45 lots proposed for rezoning range in size from 0.53ha - 19.46ha, which are sizes more conducive to an R5 zone and with the application of a potential dwelling on each lot, the zone objectives of the R5 zone are more appropriate:  To provide residential housing in a rural setting while preserving, and minimising impacts on, environmentally sensitive locations and scenic quality.  To ensure that large residential lots do not hinder the proper and orderly development of urban areas in the future.  To ensure that development in the area does not unreasonably increase the demand for public services or public facilities.  To minimise conflict between land uses within this zone and land uses within adjoining zones.- The objectives of the RU1 zone are no longer considered applicable or appropriate for this land, given the existing MLS:  To encourage sustainable primary industry production by maintaining and enhancing the natural resource base.  To encourage diversity in primary industry enterprises and systems appropriate for the area.  To minimise the fragmentation and alienation of resource lands.  To minimise conflict between land uses within this zone and land uses within adjoining zones.- Existing heavy fragmentation renders the 45 lots as no longer being capable of genuine productive agricultural activities.