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 5 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 100 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 12 bedrooms.
(6)Kiosks
If development for the purposes of a kiosk is
permitted under this Plan, the gross floor area must not exceed 30 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 100 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 30
square metres.
(9)Secondary dwellings on land other than land in a
rural zone
If development for the purposes of a secondary
dwelling is permitted under this Plan on land other than land in a rural zone,
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 1.86 [1] [2].
5.10Heritage conservation
Note 1—
Heritage items (if any) are listed and described
in Schedule 5. Heritage conservation areas (if any) are shown on the Heritage
Map as well as being described in Schedule
5.
Note 2—
Aboriginal heritage is not shown on the Heritage
Map or listed in Schedule 5 of this Plan. Such matters
should be assessed as part of the considerations under section 4.15 of the Act
and with reference to the National Parks and Wildlife Act
1974.
(1)Objectives
The objectives of this clause are as
follows—
(a)
to conserve the environmental heritage of
Liverpool Plains,
(b)
to conserve the heritage significance of heritage
items and heritage conservation areas, including associated fabric, settings
and views,
(c)
to conserve archaeological
sites,
(d)
to conserve Aboriginal objects and Aboriginal
places of heritage significance.
(2)Requirement for consent
Development consent is required for any of the
following—
(a)
demolishing or moving any of the following or
altering the exterior of any of the following (including, in the case of a
building, making changes to its detail, fabric, finish or
appearance)—
(i)
a heritage item,
(ii)
an Aboriginal object,
(iii)
a building, work, relic or tree within a heritage
conservation area,
(b)
altering a heritage item that is a building by
making structural changes to its interior or by making changes to anything
inside the item that is specified in Schedule 5 in relation to the
item,
(c)
disturbing or excavating an archaeological site
while knowing, or having reasonable cause to suspect, that the disturbance or
excavation will or is likely to result in a relic being discovered, exposed,
moved, damaged or destroyed,
(d)
disturbing or excavating an Aboriginal place of
heritage significance,
(e)
erecting a building on land—
(i)
on which a heritage item is located or that is
within a heritage conservation area, or
(ii)
on which an Aboriginal object is located or that
is within an Aboriginal place of heritage
significance,
(f)
subdividing land—
(i)
on which a heritage item is located or that is
within a heritage conservation area, or
(ii)
on which an Aboriginal object is located or that
is within an Aboriginal place of heritage
significance.
(3)When consent not required
However, development consent under this clause is
not required if—
(a)
the applicant has notified the consent authority
of the proposed development and the consent authority has advised the
applicant in writing before any work is carried out that it is satisfied that
the proposed development—
(i)
is of a minor nature or is for the maintenance of
the heritage item, Aboriginal object, Aboriginal place of heritage
significance or archaeological site or a building, work, relic, tree or place
within the heritage conservation area, and
(ii)
would not adversely affect the heritage
significance of the heritage item, Aboriginal object, Aboriginal place,
archaeological site or heritage conservation area,
or
(b)
the development is in a cemetery or burial ground
and the proposed development—
(i)
is the creation of a new grave or monument, or
excavation or disturbance of land for the purpose of conserving or repairing
monuments or grave markers, and
(ii)
would not cause disturbance to human remains,
relics, Aboriginal objects in the form of grave goods, or to an Aboriginal
place of heritage significance, or
(c)
the development is limited to the removal of a
tree or other vegetation that the Council is satisfied is a risk to human life
or property, or
(d)
the development is exempt
development.
(4)Effect of proposed development on heritage
significance
The consent authority must, before granting
consent under this clause in respect of a heritage item or heritage
conservation area, consider the effect of the proposed development on the
heritage significance of the item or area concerned. This subclause applies
regardless of whether a heritage management document is prepared under
subclause (5) or a heritage conservation management plan is submitted under
subclause (6).
(5)Heritage assessment
The consent authority may, before granting
consent to any development—
(a)
on land on which a heritage item is located,
or
(b)
on land that is within a heritage conservation
area, or
(c)
on land that is within the vicinity of land
referred to in paragraph (a) or (b),
require a heritage management document to be prepared
that assesses the extent to which the carrying out of the proposed development
would affect the heritage significance of the heritage item or heritage
conservation area concerned.
(6)Heritage conservation management
plans
The consent authority may require, after
considering the heritage significance of a heritage item and the extent of
change proposed to it, the submission of a heritage conservation management
plan before granting consent under this clause.
(7)Archaeological sites
The consent authority must, before granting
consent under this clause to the carrying out of development on an
archaeological site (other than land listed on the State Heritage Register or
to which an interim heritage order under the Heritage Act
1977 applies)—
(a)
notify the Heritage Council of its intention to
grant consent, and
(b)
take into consideration any response received
from the Heritage Council within 28 days after the notice is
sent.
(8)Aboriginal places of heritage
significance
The consent authority must, before granting
consent under this clause to the carrying out of development in an Aboriginal
place of heritage significance—
(a)
consider the effect of the proposed development
on the heritage significance of the place and any Aboriginal object known or
reasonably likely to be located at the place by means of an adequate
investigation and assessment (which may involve consideration of a heritage
impact statement), and
(b)
notify the local Aboriginal communities, in
writing or in such other manner as may be appropriate, about the application
and take into consideration any response received within 28 days after the
notice is sent.
(9)Demolition of nominated State heritage
items
The consent authority must, before granting
consent under this clause for the demolition of a nominated State heritage
item—
(a)
notify the Heritage Council about the
application, and
(b)
take into consideration any response received
from the Heritage Council within 28 days after the notice is
sent.
(10)Conservation incentives
The consent authority may grant consent to
development for any purpose of a building that is a heritage item or of the
land on which such a building is erected, or for any purpose on an Aboriginal
place of heritage significance, even though development for that purpose would
otherwise not be allowed by this Plan, if the consent authority is satisfied
that—
(a)
the conservation of the heritage item or
Aboriginal place of heritage significance is facilitated by the granting of
consent, and
(b)
the proposed development is in accordance with a
heritage management document that has been approved by the consent authority,
and
(c)
the consent to the proposed development would
require that all necessary conservation work identified in the heritage
management document is carried out, and
(d)
the proposed development would not adversely
affect the heritage significance of the heritage item, including its setting,
or the heritage significance of the Aboriginal place of heritage significance,
and
(e)
the proposed development would not have any
significant adverse effect on the amenity of the surrounding
area.
cl 5.10: Am 2019
(621), Sch 1.8[1].