5.4Controls relating to
miscellaneous permissible uses
(1)Bed and breakfast
accommodation
If development for the purposes of bed and
breakfast accommodation is permitted under this Plan, the accommodation that
is provided to guests must consist of no more than 6 bedrooms.
Note—
Any such development that provides for a certain
number of guests or rooms may involve a change in the class of building under
the Building Code of
Australia.
(2)Home
businesses
If development for the purposes of a home
business is permitted under this Plan, the carrying on of the business must
not involve the use of more than 30 square metres of floor
area.
(3)Home
industries
If development for the purposes of a home
industry is permitted under this Plan, the carrying on of the home industry
must not involve the use of more than 100 square metres of floor
area.
(4)Industrial retail
outlets
If development for the purposes of an industrial
retail outlet is permitted under this Plan, the retail floor area must not
exceed—
(a)
40% of the gross floor area of the industry or
rural industry located on the same land as the retail outlet,
or
(b)
400 square metres,
whichever is the lesser.
(5)Farm stay
accommodation
If development for the purposes of farm stay
accommodation is permitted under this Plan, the accommodation that is provided
to guests must consist of no more than 10 bedrooms.
(6)Kiosks
If development for the purposes of a kiosk is
permitted under this Plan, the gross floor area must not exceed 50 square
metres.
(7)Neighbourhood
shops
If development for the purposes of a
neighbourhood shop is permitted under this Plan, the retail floor area must
not exceed 200 square metres.
(7AA)Neighbourhood
supermarkets
If development for the purposes of a
neighbourhood supermarket is permitted under this Plan, the gross floor area
must not exceed 1,000 square metres.
(8)Roadside
stalls
If development for the purposes of a roadside
stall is permitted under this Plan, the gross floor area must not exceed 50
square metres.
(9)Secondary
dwellings
If development for the purposes of a secondary
dwelling is permitted under this Plan, the total floor area of the dwelling
(excluding any area used for parking) must not exceed whichever of the
following is the greater—
(a)
60 square metres,
(b)
40% of the total floor area of the principal
dwelling.
(10)Artisan food and drink
industry exclusion
If development for the purposes of an artisan
food and drink industry is permitted under this Plan in an industrial or rural
zone, the floor area used for retail sales (not including any cafe or
restaurant area) must not exceed—
(a)
40% of the gross floor area of the industry,
or
(b)
400 square metres,
whichever is the lesser.
cl 5.4: Am 2018
(406), Sch 1.39 [1] [2].
5.14Siding Spring
Observatory—maintaining dark sky
(1)
The objective of this clause is to protect
observing conditions at the Siding Spring Observatory by promoting lighting
practices that minimise light pollution.
(2)Light emissions—general
considerations for all development
Before granting development consent for
development on land to which this Plan applies, the consent authority must
consider whether the development is likely to adversely affect observing
conditions at the Siding Spring Observatory, taking into account the following
matters—
(a)
the amount and type of light to be emitted as a
result of the development and the measures to be taken to minimise light
pollution,
(b)
the impact of those light emissions cumulatively
with other light emissions and whether the light emissions are likely to cause
a critical level to be reached,
(c)
whether outside light fittings associated with
the development are shielded light fittings,
(d)
the measures to be taken to minimise dust
associated with the development,
Note—
Dust tends to scatter light and increase light
pollution.
(e)
the Dark Sky Planning Guideline published in
the Gazette by the Planning Secretary.
(3)Development on land within 18
kilometres of observatory
Development consent is required for all lit
development on land less than 18 kilometres from the Siding Spring
Observatory.
(4)
The consent authority must consult with the
observatory director before granting development consent to lit development on
land less than 18 kilometres from the Siding Spring
Observatory.
(5)
The consent authority must not (except with the
concurrence of the Planning Secretary) grant development consent to
development on land less than 18 kilometres from the Siding Spring Observatory
if the consent authority considers that the development is likely to result in
any one or more of the following—
(a)
an outside light fitting other than a shielded
light fitting,
(b)
an outside light fitting emitting light of more
than—
(i)
if the development is on land less than 12
kilometres from the Siding Spring Observatory—900 lumens,
or
(ii)
in any other case—1,800
lumens,
(c)
more than 4 shielded outside light
fittings,
(d)
light of more than 7,200 lumens being
emitted.
(6)
The consent authority must not grant development
consent to lit development on land less than 18 kilometres from the Siding
Spring Observatory unless the consent authority is satisfied that the
development will incorporate designs that minimise light pollution and
measures that will prevent the escape of light at night through skylights,
windows or other openings.
(7)Development on land 18
kilometres or more from observatory
The consent authority must not (except with the
concurrence of the Planning Secretary) grant development consent to
development on land that is 18 kilometres or more from the Siding Spring
Observatory if the consent authority considers that the development is likely
to result in the emission of light of 1,000,000 lumens or
more.
(8)
The consent authority must consult with the
observatory director before granting development consent to development for
the purposes of a dwelling house, secondary dwelling or dual occupancy on land
that is 18 kilometres or more from the Siding Spring Observatory if the
consent authority considers that the development is likely to result in a
dwelling having—
(a)
an outside light fitting other than a shielded
light fitting, or
(b)
more than 7 shielded outside light fittings or
more than 5 such light fittings that are not automatic light
fittings.
(9)
The consent authority must consult with the
observatory director before granting development consent to development (other
than development for the purposes of a dwelling house, secondary dwelling or
dual occupancy) on land that is 18 kilometres or more from the Siding Spring
Observatory if the consent authority considers that the development is likely
to result in the emission of light of 50,000 lumens or
more.
(10)Granting
concurrence
The Planning Secretary must take the following
into account in deciding whether to grant concurrence under this
clause—
(a)
any comments made by the observatory director in
relation to the development,
(b)
the effect the development would have on
observing conditions at the Siding Spring Observatory,
(c)
the quantity of artificial light in the night sky
measured through a telescope at the Siding Spring Observatory on or about the
date the development application is made and the relationship of that level to
the critical level,
(d)
whether any public interest in permitting the
development outweighs the public interest in preserving the observing
conditions at the Siding Spring Observatory.
(11)
A reference in this clause to light emitted as a
result of development for the purposes of a building or work includes light
emitted from any other building or work that is to be used as part of or in
connection with that building or work.
(12)
A requirement in this clause to consult with the
observatory director in respect of development is a requirement to give
written notice of the development to the observatory director and to take into
account any comments received from the observatory director within 21 days
after the notice is given.
(13)
Clause 4.6 does not allow development consent to
be granted for development that would contravene this
clause.
(14)
In this clause—
automatic
light fitting means a light fitting that is activated by a
sensor and switches off automatically after a period of time.
critical
level means the level at which the quantity of artificial
light in the night sky measured through a telescope at the Siding Spring
Observatory is greater than—
(a)
if the telescope is inclined at 30 degrees from
the horizon—10% of the surface brightness of the night sky attributable
to natural light sources, at the time of the solar cycle when the sky is at
its darkest, or
(b)
if the telescope is inclined at 90 degrees from
the horizon—3% of the surface brightness of the night sky attributable
to natural light sources, at the time of the solar cycle when the sky is at
its darkest.
horizontal plane, in relation to a
light fitting, means the horizontal plane passing through the centre of the
light source (for example, the bulb) of the light fitting.
light
pollution means brightening of the night sky caused by
artificial light.
lit
development means development that is likely to result in
the emission of light.
observatory director means the
Director of the Research School of Astronomy and Astrophysics at the
Australian National University.
outside
light fitting means a light fitting that is attached or
fixed outside, including on the exterior, of a building.
shielded
light fitting means a light fitting that does not permit
light to shine above the horizontal plane.
Siding
Spring Observatory means the land owned by the Australian
National University at Siding Spring and the buildings and equipment situated
on that land.
(15)
This clause is a compulsory provision for the
purposes of clause 4A of the Standard Instrument (Local
Environmental Plans) Order 2006.
cl 5.14: Ins 2016
(310), Sch 3.1.