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Bega Valley Shire CouncilBega Valley Shire Council

Exhibition of Existing Holdings Planning Proposal

Have your Say.This notice is to inform local residents and interested persons about the public exhibition of a Planning Proposal to amend Bega Valley Local Environmental Plan 2013 in accordance with Sections 3.34(2)(c) and Schedule 1 Clause 4 of the Environmental Planning and Assessment Act 1979.

The objective of this planning proposal is to introduce an Existing Holdings Map set and amend Clause 4.2A to preserve a dwelling opportunity on land identified as a vacant intact existing holding as Clause 4.2A is due to expire on the sixth anniversary of the commencement of Bega Valley Local Environmental Plan 2013 (BVLEP 2013), effectively 2 August 2018. This amendment will preserve dwelling opportunities on land that has been identified to enable development applications to be considered on their merit in accordance with the relevant legislation.

The planning proposal and supporting documentation can be viewed at Council’s Bega office at Zingel Place, Bega; Tura Marrang Library at Tura Beach Drive, Tura Beach; Eden Library located at the corner of Imlay and Mitchell Streets, Eden or the Bermagui Library at Bunga Street, Bermagui during their normal opening hours.

The mapping is only electronically available at these locations during the exhibition period when planning staff will be available to assist with any enquiries.

  • Mondays         Bega Office
  • Tuesdays        Bermagui Library
  • Wednesdays   Tura Marrang Library
  • Thursdays       Eden Library

The planning proposal is on exhibition between the 30 April and 1 June 2018.

To make a submission, write or email Council before the close of business, Friday 1 June 2018.

Submissions must include your full name and address, contact details, signature and political donations or gifts disclosure and be addressed to:

The General Manager, Bega Valley Shire Council, PO Box 492, Bega NSW 2550

or emailed to: council@begavalley.nsw.gov.au.

Under the Government Information (Public Access) Act 2009, details of your submission, including your name and address will be publicly available on request. You can request that your name and address not be disclosed by writing “objection in confidence” on your submission, however Council may still be obliged to release these details. Submissions that do not contain the author’s name and address may not be considered as Council will be unable to validate their authenticity.

For further information, please contact Carley McGregor from Council’s Planning Services section on 6499 2112.

Documents on exhibition


FAQs

  • What is an ‘Existing Holding’?

An existing holding is land that was a holding on 7 January 1966, which remains in the one ownership.

Holding means all adjoining land, even if separated by a road or railway, held by the same person or persons.

This date was when Local Planning Legislation came into effect in relation to subdivision and dwelling construction in rural zones.

  • What is an ‘intact’ Existing Holding?

A holding may consist of multiple parcels of land. For an existing holding to remain intact, all the parcels of land within that holding have to remain in the one ownership.

Examples:

  1. Mr Smith owned lots A, B and C on 7th January 1966. He has an existing holding. Mr Smith subsequently sold all the lots to Mr White. Mr White now owns an intact existing holding.
  2. Mr Jones owned lots A, B and C on 7th January 1966. He subsequently sold one of the lots to a neighbour. This holding is no longer intact and therefore has no dwelling opportunity.
  • How will this amendment affect my property?

Clause 4.2A Subclause (4) is commonly referred to as the ‘Grandfather’ or ‘Sunset’ Clause in relation to land identified as an existing holding. The ‘Sunset’ clause is due to expire on the sixth anniversary of the commencement of Bega Valley Local Environmental Plan 2013 (BVLEP 2013), which is effectively 2 August 2018. Once expired, the provision for the permissibility of a dwelling on land identified as an existing holding will cease to exist.

This planning proposal seeks to amend Clause 4.2A to reference an existing holdings map and introduce an Existing Holdings Map set into the suite of maps that accompany the BVLEP 2013 which will preserve a dwelling opportunity on land identified as an existing holding.

  • Will I require a Development Application for a house?

This amendment will preserve dwelling opportunities on land that has been identified; however any future proposal for a dwelling on this land will require the lodgement of a development application which will be assessed on merit.

  • How do I make an enquiry? Are there any fees involved?

You can email your enquiry to: council@begavalley.nsw.gov.au or call Carley McGregor on 6499 2112.

You can also meet with a member of Councils planning staff at the following locations during the exhibition period.

  • Mondays - Bega Office
  • Tuesdays - Bermagui Library
  • Wednesdays - Tura Marrang Library
  • Thursdays - Eden Library

Council will not charge an enquiry fee to investigate existing holdings enquiries during the exhibition period.

 

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