Liverpool LEP 2008 (Amendment No 21) - Reduction of minimum subdivision lot size for E3 Zone, Pleasure Point

The Planning Proposal applies to land at 15 and 17 Green Street and 32 Pleasure Point Road, Pleasure Point (Lots 1,2 and 3 DP 239468). See Tag 1 for location map. LocationThe land is bounded by Pleasure Point Road to the west, Riverview Road to the north at Pleasure Point, Liverpool. The land is heavily vegetated and is identified as Bushfire Vegetation Category 1. Drainage depression / unnamed creek runs through the centre of the land, dividing the land along eastern and western portions.All three existing lots have houses located on the eastern side (rear of the allotments) and use the existing access via right of way to Green Street. The western side of the allotments are currently vacant and have frontages and access to Pleasure Point and Riverview Roads. ZoningThe land (Lots 1, 2, 3) is zoned part R2 Low Density Residential and partly E3 Environmental Management Zone (see zoning map and extracts from the LEP at Tag 2). The land zoned R2 Low Density Residential totals 2,417sqm and is located along Pleasure Point Road. These lands were rezoned to residential from E3 Environmental Management Zone under Liverpool LEP 2008 Amendment No.7 (published on 24 September 2010). Under the Liverpool LEP 2008 any subdivision would need to comply with Liverpool LEP 2008 Clause 4.1 (3), attached at Tag 2. The Liverpool LEP 2008 Lot Size Map (LSZ-015, at Tag 4) indicates a minimum subdivision lot size of 700sqm for the land zoned R2 Low Density Residential, and a 120 hectare minimum lot size for the land zoned E3. The part of land zoned R2 are 929 sqm, 712 sqm and 776 sqm respectively and are above the minimum lot size requirement of 700 sqm for R2 Low Density Residential Zone. The 120 hectare minimum lot size requirement is significantly above the actual lot sizes of 2.5ha, 2.2ha and 2.1ha of E3 zoned part of the land. As such, the land cannot be subdivided because E3 zoned portion of Lots 1, 2, 3 are undersized lots under Liverpool LEP 2008.PLANNING PROPOSALThe Planning Proposal is to amend the minimum subdivision lot size requirement that applies to the E3 zoned portion of Lots 1, 2, 3 from 120 hectares to 2 hectares. Since the making of Amendment No. 7, the applicant has sought to subdivide the R2 zoned portion of the land from the remainder of Lots 1, 2, 3 in order to create three separate R2 Low Residential Zoned lots along Pleasure Point Road (see Council letter and Planning Report at Tag 3). As discussed above, the minimum lot size applying to the E3 Environmental zoned land, being lot sizes of 2.15ha 2.06ha and 2.04ha, is well under the 120 ha requirement stipulated in Liverpool LEP 2008 Lot Size Maps and subdivision is not permissible. In order to facilitate future subdivision, the Planning Proposal proposes to amend the minimum subdivision lot size requirement that applies to the E3 zoned portion of Lots 1, 2, 3 from 120 hectares to 2 hectares. The amendment will allow the excising the three R2 zoned allotments from the E3 zoned land without further fragmenting E3 zoned land in this location. The minimum lot size of 2 ha has been selected by Council as it will accommodate the proposed excising of the R2 Low Density Residential zoned portion from the original lots, while also precluding the ability to further subdivide lots zoned E3 Environmental Management which is consistent with the initial intent of applying the 120 hectare minimum subdivision lot size in the LEP. The planning proposal will involve amendment to Liverpool Local Environmental Plan 2008 (LLEP 2008) Lot Size Map (LSZ-015) by reducing the minimum subdivision lot size from 120 ha to 2 ha for Lots 1, 2, 3 DP239468.No other planning controls are to be amended as part of this Planning Proposal.