Mayor of Singleton, Sue Moore has used a Mayoral Minute to call for a report on the number of properties affected by the loss of a dwelling entitlement under the Singleton Local Environmental Plan 2013 (LEP).
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The Mayoral Minute at the ordinary Council meeting also asked that the report clarify the loss of dwelling entitlement when an existing house was demolished, and discuss strategic planning implications and process should Council pursue the State Government to reintroduce dwelling entitlement provisions.
The issue was raised recently when the owner of a small residential lot lodged a development application for a dwelling.
Last week the Singleton Argus published a story on the Hipwell family who bought a six acre property at Sunnyside Lane in 2013 that had a building entitlement. However, unbeknownst to the family, the entitlement had a time limit ‘sunset’ clause that meant they had to have approval to build their home by September 2014.
The Hipwells only discovered this fact when they applied for a bank loan to commencement building earlier this year.
Clause 4.2A (3) (part a, b, c, d) in the Singleton LEP 2013, endorsed by the State Government, states a dwelling house must not be approved on small rural land lots under 40ha in size and which were created before January, 7 1966. A dwelling entitlement for small rural lots did exist under the previous LEP 2006 and Council proposed that the entitlement continue when drafting for the new LEP (Singleton LEP 2013) began in 2010. However, the Department of Planning and Environment did not support this position. A sunset clause was in place for 12 months following the implementation of the LEP in September 2013 to allow approval for a dwelling on existing small rural lots.
Cr Moore said in addition to tonight’s Mayoral Minute, she had also raised the issue directly with Upper Hunter MP Michael Johnsen about whether the Department of Planning, would support an amendment to the LEP to reintroduce dwelling entitlement provisions.
“It will be beneficial for everyone involved to know how many properties are affected by this clause, and the process for Council to approach the NSW Department of Planning to amend the LEP,” she said.
“A report will be presented to Council’s August meeting when we will be better informed to make a decision about a course of action moving forward, including whether to take up the matter with the NSW Department of Planning.
“I empathise with people in our community who may be in the situation where they are unable to build their forever home because of this clause led by the NSW Department of Planning, and assure them we are investigating all the avenues available to us to find a solution.”
