(1) In this plan, terms defined in the Dictionary in Schedule 1 have the same meaning as set out in the Dictionary.
(1) Development of minimal environmental impact listed as exempt development in as adopted by the Council on 28 February 2007 is exempt development, despite any other provision of this plan. Development Control Plan No 49—Exempt and Complying Development
(1) Objectives of the zone The objectives of Zone 1 (a) (the Rural A zone) are—
(a) to enable the continuation of restricted forms of agricultural land use and occupancy, and (b) to ensure that the type and intensity of development will not prejudice the likely future uses of the land for either environmental protection, open space or urban purposes.
(1) Objectives of the zone The objectives of Zone 1 (b) (the Rural B zone) are—
(a) to protect land which is steeply sloping, in a pristine state and highly visible from the City of Queanbeyan and the Australian Capital Territory, and (b) to allow suitably controlled development which allows this land to predominantly retain its natural character.
(1) Objectives of the zone The objectives of Zone 1 (c) (the Rural C zone) are—
(a) to recognise that these areas are on higher elevations and act as a transition between fully urbanised areas and bushland and so should be developed in a sensitive and limited manner, and (b) to allow development consisting mainly of dwelling-houses or single buildings which as far as possible is designed to recognise the bushland character of these areas and minimise the impact of urban development, and (c) to allow suitably controlled subdivision which as far as possible maintains existing bushland and has regard to urban capability, the impact of urban development and microclimatic conditions in the design of allotments and the provision of roads and services, and (d) to detail by means of a development control plan provisions relevant to—
• the location of dwelling-houses and ancillary buildings, and • height, scale, bulk and construction materials, and • the colours of external surfaces of buildings, and • appropriate ecologically sustainable development principles.
(1) Objectives of the zone The objectives of Zone 2 (a) (the Residential A zone) are—
(a) to encourage small scale residential development, and (b) to encourage alterations, additions or redevelopment which maintains or improves the amenity of existing residents and which provides good amenity for future residents, and (c) to encourage alterations, additions or redevelopment within the heritage conservation areas in this zone which have regard to and complement the scale, fabric and character of the older and traditional housing of such areas, and (d) to allow subdivision within a heritage conservation area in this zone which is consistent with the subdivision patterns of adjoining land, and (e) to provide opportunities for small scale non-residential uses usually within a dwelling-house or building ancillary to a dwelling-house and which operate so that they do not adversely affect adjoining neighbours, and (f) to provide opportunities for community and educational facilities.
(1) Objectives of the zone The objectives of Zone 2 (b) (the Residential B zone) are—
(a) to encourage alterations, additions or redevelopment that results in well designed dual occupancy housing and multi-dwelling housing, and (b) to encourage alterations, additions or redevelopment which maintains or improves the amenity of existing residents and which provides good amenity for future residents, and (c) to provide opportunities for small scale non-residential uses usually within a dwelling-house or building ancillary to a dwelling-house and which operate so that they do not adversely affect adjoining neighbours, and (d) to provide opportunities for community and educational facilities.
(1) Objectives of the zone The objectives of Zone 2 (c) (the Residential C zone) are—
(a) to encourage alterations, additions or redevelopment that results in well designed dual occupancy housing, multi-dwelling housing and residential flat buildings, and (b) to encourage development or redevelopment which maintains or improves the amenity of existing residents and which provides good amenity for future residents, and (c) to provide opportunities for restricted and small scale non-residential uses usually within a dwelling-house or ancillary to a dwelling-house and which operate so that they do not adversely affect adjoining neighbours, and (d) to provide opportunities for community and educational facilities.
(1) Objectives of the zone The objectives of Zone 2 (d) (the Residential D zone) are—
(a) to provide a multi-purpose residential zoning with a range of development opportunities, suitable for urban release areas, and (b) to encourage the pre-planning of urban release areas in regard to cluster housing, dual occupancy housing, integrated housing, residential flat buildings and compatible non-residential development, and (c) to encourage subdivision which as far as possible maintains existing bushland and has regard to urban capability, the impact of urban development and microclimatic conditions in the design of allotments and the provision of roads and services, and (d) to guide development in visually more prominent areas by the provisions in a development control plan which address such matters as—
• site coverage, and • impact of development, and • retention of vegetation and landscaping, and • any physical characteristic of the land, and • appropriate ecologically sustainable development principles.
(1) Objectives of the zone The objectives of Zone 2 (e) (the Residential E zone) are—
(a) to allow development consisting only of single dwelling-houses and ancillary buildings that as far as possible are designed to recognise the bushland character of the locality and to minimise the impact of urban development, and (b) to allow suitably controlled subdivision that as far as possible maintains existing bushland and has regard to urban capability, the impact of urban development and microclimatic conditions in the design of allotments and the provision of roads and services, and (c) to recognise that the land within the zone should act as a transition between fully urbanised areas and bushland and so should be developed in a sensitive and limited manner.
(1) The Council may grant development consent for the subdivision of land within a residential zone only if each allotment on which a dwelling-house, dual occupancy housing or integrated housing will be situated after the subdivision meets the following minimum area requirements—
Minimum Area for each Allotment (in square metres)—
600 square metres for each dwelling-house on land within Zone 2 (a), 2 (b), 2 (c) or 2 (d) 1000 square metres for each dwelling-house on land within Zone 2 (e) 450 square metres for each dwelling in integrated housing 600 square metres for each dwelling in dual occupancy housing on land within Zone 2 (a) 300 square metres for each dwelling in dual occupancy housing on land within Zone 2 (b), 2 (c) or 2 (d).
(1) Objectives of the zone The objectives of Zone 3 (a) (the Business A zone) are—
(a) to recognise the Queanbeyan City central business district as the main commercial/retail centre of the City, and (b) to recognise the Jerrabomberra shopping centre as a future important commercial/retail centre, and (c) to provide for a wide range of retail, commercial and tourist uses as well as residential development opportunities in the zone, and (d) to encourage alterations, additions or redevelopment within the central business district which acknowledges the scale, form and character of existing development, and (e) to encourage alterations, additions or redevelopment which provides sufficient on-site carparking and loading/unloading facilities and meets the Council’s urban design requirements as outlined in a development control plan.
(1) Objectives of the zone The objectives of Zone 3 (b) (the Business B zone) are—
(a) to identify land suitable for small scale retail, commercial, mixed retail/commercial and residential development which does not adversely affect neighbours, particularly when they are residents, and (b) to encourage the provision of a wide range of retail and commercial activities which serve the surrounding neighbourhood, and (c) to encourage alterations, additions or redevelopment which acknowledges the scale, form and character of existing development, and (d) to encourage alterations, additions or redevelopment which meets the Council’s carparking, car loading and unloading, landscaping and urban design requirements as outlined in a development control plan, and (e) to recognise the importance of the Karabar shopping centre.
(1) Objectives of the zone The objectives of Zone 3 (c) (the Business C zone) are—
(a) to identify land suitable for restricted forms of small scale retail and commercial development which does not adversely affect adjoining neighbours, particularly when they are residents, and (b) to encourage alterations, additions or redevelopment which acknowledges the scale, form and character of existing development, and (c) to encourage alterations, additions or redevelopment which maintains or improves the amenity of adjoining neighbours, particularly when they are residents, and (d) to encourage alterations, additions or redevelopment which meets the Council’s carparking, car loading and unloading, landscaping and urban design requirements as outlined in a development control plan.
(1) Objectives of the zone The objectives of Zone 4 (b) (the Industrial B zone) are—
(a) to enable the development of a business park consisting of high technology industrial premises, bulky goods retailing premises and associated facilities, and (b) to encourage well designed, low-scale industrial development which provides large areas of landscaping and meets the Council’s carparking, loading and unloading requirements on site.
(1) Objective of the zone The objective of Zone 5 (a) (the Special Uses A zone) is to make provision for the nominated use of this land as shown on the map.
(1) Objective of the zone The objective of Zone 6 (a) (the Open Space A zone) is to identify land predominantly in public ownership which is capable of offering a range of recreational opportunities for all members of the community.
(1) Objective of the zone The objective of Zone 6 (b) (the Open Space B zone) is to identify land in private ownership which is capable of offering a range of future recreational opportunities for all members of the community once it is acquired by the Council.
(1) Objective of the zone The objective of Zone 6 (c) (the Open Space C zone) is to recognise and to enable the continuation of recreational activities conducted on privately owned land.
(1) Objectives of the zone The objectives of Zone 7 (a) (the Environmental Protection A zone) are—
(a) to identify and provide for the protection of publicly owned land which is environmentally sensitive and of visual significance, and (b) to maintain the intrinsic scientific, scenic, habitat and educational values of natural and semi-natural environments, and (c) to protect rivers, creeks and gully ecosystems, and (d) to protect threatened species.
(1) Objectives of the zone The objectives of Zone 7 (b) (the Environmental Protection B zone) are—
(a) to identify and provide for the protection of privately owned land which is environmentally sensitive and of visual significance, and (b) to maintain the intrinsic scientific, scenic, habitat and educational values of natural and semi-natural environments, and (c) to protect river, creek and gully ecosystems, and (d) to protect threatened species.
(1) Objectives of the zone The objectives of Zone 9 (a) (the Road A zone) are—
(a) to enable a future arterial or major local road which provides an alternative road for traffic not wanting to go through the central business district, and (b) to enable a future arterial or major local road which links the Monaro Highway to the Kings Highway, and (c) to enable the widening of Lanyon Drive.
(1) Objectives of the zone The objective of Zone 9 (b) (the Road B zone) is to enable the establishment of local roads or laneways identified on the map.
(1) Objectives The objectives of this clause are—
(a) to conserve the environmental heritage of the City of Queanbeyan, and (b) to conserve the heritage significance of heritage items and heritage conservation areas including associated fabric, settings and views, and (c) to conserve archaeological sites, and (d) to conserve places of Aboriginal heritage significance. (2) Requirement for consent Development consent is required for any of the following—
(a) demolishing or moving a heritage item or a building, work, relic or tree within a heritage conservation area, (b) altering a heritage item or a building, work, relic, tree or place within a heritage conservation area, including (in the case of a building) making changes to the detail, fabric, finish or appearance of its exterior, (c) altering a heritage item that is a building, by making structural changes to its interior, (d) 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, (e) disturbing or excavating a heritage conservation area that is a place of Aboriginal heritage significance, (f) erecting a building on land on which a heritage item is located or that is within a heritage conservation area, (g) subdividing land on which a heritage item is located or that is within a heritage conservation area. (3) When consent not required However, 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, archaeological site, or a building, work, relic, tree or place within a heritage conservation area, and (ii) would not adversely affect the significance of the heritage item, 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 a place of Aboriginal 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.
(1) The Council may grant development consent for development on land with direct vehicular access to an arterial road or on land which has a vehicular access point within 90 metres of an intersection with an arterial road only if it is satisfied that—
(a) vehicular access from a road other than an arterial road is not practicable, and (b) the nature of the development justifies a location on an arterial road or near one, and (c) vehicular access to the development and the road giving access to the site are designed to minimise conflict between vehicles and pedestrians, and (d) through traffic on the arterial road will not be impeded by the design of access points from the site of the proposed development or by the internal traffic arrangements for the proposed development, and (e) future through traffic on the arterial road following its realignment or widening will not be impeded by the design of those access points or by those internal traffic arrangements. (2) The proposed Edwin Land Parkway is taken to be an arterial road for the purposes of subclause (1).
(1) The Council may grant development consent for a subdivision of land within a rural zone only if it is satisfied that—
(a) access roads are located to minimise the risk of soil erosion, and (b) each allotment to be created by the subdivision of land provides potential development sites with minimum risk of damage by bushfires or soil instability, and (c) adequate provision is made for soil erosion control measures to be carried out, including measures to be carried out prior to and during the construction phase of the subdivision taking place, and (d) adequate provision is made for drainage and stormwater control, and (e) each new allotment has sufficient building area on it, being land with a natural slope of less than 20%, and (f) the size of allotments to be created meets any minimum or average area requirements of this plan for the land and the ratio of depth to frontage of each new allotment is adequate in terms of its likely intended use, and (g) where the land in the opinion of the Council is unstable, a geophysical report on the stability of land has been prepared by consultants acceptable to the Council and the report indicates which part of the land is suitable for development or the appropriate measures that need to be taken to stabilise the area proposed for development, and (h) adequate measures will be taken during construction to protect endangered flora and fauna as well as other native vegetation, when these are known to occur on the subject site or adjoining land, and (i) adequate measures will be taken to retain heritage items, significant trees and other significant native vegetation or natural features of significance, and (j) those parts of a site to be developed for the purpose of a building will not intrude on visibly prominent or significant landscaping qualities when viewed from outside the area being developed.
(1) The objectives of this clause are as follows—
(a) to provide an appropriate degree of flexibility in applying certain development standards to particular development, (b) to achieve better outcomes for and from development by allowing flexibility in particular circumstances. (2) Development consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this clause does not apply to a development standard that is expressly excluded from the operation of this clause. (3) Development consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating—
(a) that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and (b) that there are sufficient environmental planning grounds to justify contravening the development standard.
(1) The objective of this clause is to provide for the temporary use of land if the use does not compromise future development of the land, or have detrimental economic, social, amenity or environmental effects on the land.
(1) This clause applies to a fire alarm system that can be monitored by Fire and Rescue NSW or by a private service provider.
(1) The public land described in Schedule 6 is classified, or reclassified, as operational land for the purposes of the , subject to this clause. Local Government Act 1993 (2) Land described in Part 1 of Schedule 6 is land that was classified, or reclassified, as operational land before the application of the amendments made by the to section 30 of the Local Government Amendment (Community Land Management) Act 1998 . Local Government Act 1993
(Clause 83)