Interim Development Model Provisions 1980

Part 1 Preliminary

1 Name of Provisions

These provisions may be cited as the Interim Development Model Provisions 1980.

2 Division into Parts

These Provisions are divided as follows:

PART 1—PRELIMINARY—cll 1–3

PART 2—DEFINITIONS—cl 4

PART 3—EXISTING BUILDINGS, EXISTING WORKS AND EXISTING USE OF LAND—cll 5–8

PART 4—CONSENTS—cll 9–16

PART 5—GENERAL AMENITY AND CONVENIENCE—cll 17–18

PART 6—SPECIAL PROVISIONS—cll 19–47

PART 7—GENERAL—cll 48–50

SCHEDULE

3 Definitions

In these provisions, except in so far as the context or subject matter otherwise indicates or requires:

interim development order means the interim development order which in accordance with section 342U (3) adopts wholly or partially by reference these provisions.

I.D.C. Map has the meaning ascribed to it in the interim development order.

prior interim development order means an interim development order rescinded by the interim development order.

zone has the meaning ascribed to it in the interim development order.

Part 2 Definitions

4 Definitions

(1)  Except in so far as the context or subject matter of the interim development order otherwise indicates or requires:

advertising structure has the meaning ascribed to it in Ordinance No 55 under the Act but does not include “temporary advertising structure” or “advertising structure for the purpose only of displaying a commercial sign” within the meaning of that Ordinance.

advertisement has the meaning ascribed to it in section 510 of the Act.

agriculture has the meaning ascribed to it in section 514A of the Act.

airline terminal means a building or place used for the assembly of passengers and goods prior to the transport of those passengers and goods either to or from an airport or an aerodrome.

arterial road means any existing road indicated on the I.D.C. Map by a continuous red band on white between firm black lines.

boarding-house includes a house let in lodgings or a hostel but does not include a motel.

bulk store means a building or place used for the bulk storage of goods, where the goods stored or to be stored are not required for use in a shop or commercial premises on the same parcel of land or on adjoining land in the same ownership.

bus depot means a building or place used for the servicing, repair and garaging of buses and other vehicles used for the purposes of a bus transport undertaking.

bus station means a building or place used as a terminal for the assembly and dispersal of passengers travelling by bus.

car repair station means a building or place used for the purpose of carrying out repairs to motor vehicles or agricultural machinery not being:

(a)  body building,

(b)  panel beating which involves dismantling, or

(c)  spray painting other than of a touching-up character.

child care centre means a building or place used as a child care centre within the meaning of Part 7 of the Child Welfare Act 1939.

club means a building used by persons associated, or by a body incorporated, for social, literary, political, sporting, athletic or other lawful purposes whether of the same or of a different kind and whether or not the whole or a part of such building is the premises of a club registered under the Registered Clubs Act 1976.

commercial premises means a building or place used as an office or for other business or commercial purposes, but does not include a building or place elsewhere specifically defined in this clause or a building or place used for a purpose elsewhere specifically defined in this clause or for a roadside stall.

Commission means the New South Wales Planning and Environment Commission constituted under the New South Wales Planning and Environment Commission Act 1974.

development has the meaning ascribed to it in section 342T of the Act.

dwelling means a room or suite of rooms occupied or used or so constructed or adapted as to be capable of being occupied or used as a separate domicile.

dwelling-house means a building containing 1 but not more than 1 dwelling.

educational establishment means a building used as a school, college, technical college, academy, lecture hall, gallery or museum, but does not include a building used wholly or principally as an institution or child care centre.

existing building or existing work means a building or work, as the case may be, erected, constructed or carried out:

(a)  before the appointed day, or

(b)  in accordance with clause 49 of these provisions.

existing use, in relation to a building or work or to land, means:

(a)  the use of that building, work or land for the purpose for which it was used immediately before the appointed day,

(b)  in the case of a building or work erected or carried out in accordance with clause 49 of these provisions the use of that building or work for the purpose for which the erection of the building or the carrying out of the work, as the case may be, was approved, or

(c)  a use of a building, work or land for a purpose for which the council has given its consent under clause 7 of these provisions.

extractive industry means:

(a)  the winning of extractive material, or

(b)  an industry or undertaking not being a mine, which depends for its operations on the winning of extractive material from the land upon which it is carried on.

extractive material means sand, gravel, clay, turf, soil, rock, stone or similar substances.

floor means that space within a building which is situated between one floor level and the floor level next above or if there is no floor above, the ceiling or roof above.

forestry includes aboriculture, sylviculture, forest protection, the cutting, dressing and preparation, other than in sawmill, of wood and other forest products and the establishment of roads required for the removal of wood and forest products and for forest protection.

general store means a shop used for the sale by retail of general merchandise and which may include the facilities of a post office.

generating works means a building or place used for the purpose of making or generating gas, electricity or other forms of energy.

gross floor area means the sum of the areas of each floor of a building where the area of each floor is taken to be the area within the outer face of the external enclosing walls as measured at a height of 1 400 millimetres above each floor level excluding:

(i)  columns, fin walls, sun control devices and any elements, projections or works outside the general line of the outer face of the external wall,

(ii)  lift towers, cooling towers, machinery and plant rooms and ancillary storage space and vertical air-conditioning ducts,

(iii)  car-parking needed to meet any requirements of the council and any internal access thereto,

(iv)  space for the loading and unloading of goods.

health care professional means a person who renders professional health services to members of the public, and includes:

(a)  a chiropodist registered under the Chiropodists Registration Act 1962,

(b)  a chiropractor or an osteopath or a chiropractor and an osteopath registered under the Chiropractic Act 1978,

(c)  a physiotherapist registered under the Physiotherapists Registration Act 1945,

(d)  an optometrist registered under the Optometrists Act 1930.

helipad means an area or place not open to public use which is authorised by the Department of Transport and which is set apart for the taking off and landing of helicopters.

heliport means an area or place open to public use which is licensed by the Department of Transport for use by helicopters and includes terminal buildings and facilities for the parking, servicing and repair of helicopters.

home industry means an industry carried on in a building (other than a dwelling-house or a dwelling in a residential flat building) under the following circumstances:

(a)  the building does not occupy a floor space exceeding 50 square metres and is erected within the curtilage of the dwelling-house or residential flat building occupied by the person carrying on the industry or on adjoining land owned by that person, and

(b)  the industry does not:

(i)  interfere with the amenity of the locality by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products or grit, oil or otherwise,

(ii)  involve exposure to view from any adjacent premises or from any public place of any unsightly matter, or

(iii)  require the provision of any essential service main of a greater capacity than that available in the locality.

home occupation means an occupation carried on in a dwelling-house or in a dwelling in a residential flat building by the permanent residents of the dwelling-house or dwelling which does not involve:

(a)  the registration of the building under the Factories, Shops and Industries Act 1962,

(b)  the employment of persons other than those residents,

(c)  interference with the amenity of the neighbourhood by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products or grit, oil or otherwise,

(d)  the display of goods, whether in a window or otherwise, or

(e)  the exhibition of any notice, advertisement or sign (other than a notice, advertisement or sign exhibited on that dwelling-house or dwelling to indicate the name and occupation of the resident).

hospital means a building or place used as a:

(a)  hospital,

(b)  sanatorium,

(c)  health centre,

(d)  nursing home, or

(e)  home for aged persons, infirm persons, incurable persons or convalescent persons,

whether public or private, and includes a shop or dispensary used in conjunction therewith, but does not include an institution.

hotel means any premises specified in a publican’s licence granted under the Liquor Act 1912.

industry means:

(a)  any manufacturing process within the meaning of the Factories, Shops and Industries Act 1962, or

(b)  the breaking up or dismantling of any goods or any article for trade or sale or gain or as ancillary to any business.

institution means:

(a)  a building used wholly or principally as a home or other establishment for mental defectives,

(b)  a mental hospital, or

(c)  a penal or reformative establishment.

junk yard means land used for the collection, storage, abandonment or sale of scrap metals, waste paper, rags, bottles or other scrap materials or goods used for the collecting, dismantling, storage, salvaging or abandonment of automobiles or other vehicles or machinery or for the sale of parts thereof.

light industry means an industry, not being an offensive or hazardous industry, in which the processes carried on, the transportation involved or the machinery or materials used do not interfere with the amenity of the neighbourhood by reason of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit, oil, or otherwise.

liquid fuel depot means a depot or place used for the bulk storage for wholesale distribution of petrol, oil, petroleum or other inflammable liquid.

main road means a main road within the meaning of the Main Roads Act 1924.

major road frontage in relation to land, means the frontage of that land to:

(a)  a main or arterial road, or

(b)  a road connecting with a main or arterial road, if the whole or any part of the frontage is within 90 metres (measured along the road alignment of the connecting road) of the alignment of the main or arterial road.

mine means any place, open cut, shaft, tunnel, pit, drive, level or other excavation, drift, gutter, lead, vein, lode or reef whereon, wherein or whereby any operation is carried on for or in connection with the purpose of obtaining any metal or mineral by any mode or method and any place on which any product of the mine is stacked, stored, crushed or otherwise treated, but does not include a quarry.

mineral sand mine means a mine for or in connection with the purpose of obtaining ilmenite, monazite, rutile, zircon or similar minerals.

motel means a building or buildings (other than a hotel, boarding-house or residential flat building) substantially used for the overnight accommodation of travellers and the vehicles used by them whether or not the building or buildings are also used in the provision of meals to those travellers or the general public.

motor showroom means a building or place used for the display or sale of motor vehicles, caravans or boats, whether or not motor vehicle accessories, caravan accessories or boat accessories are sold or displayed therein or thereon.

offensive or hazardous industry means an industry which, by reason of the processes involved or the method of manufacture or the nature of the materials used or produced, requires isolation from other buildings.

parking space includes any garage or court available for use by vehicles.

place of assembly means a public hall, theatre, cinema, music hall, concert hall, dance hall, open-air theatre, drive-in theatre, music bowl or any other building of a like character used as such and whether used for the purposes of gain or not, but does not include a place of public worship, an institution or an educational establishment.

place of public worship means a church, chapel or other place of public worship or religious instruction or place used for the purpose of religious training.

professional consulting rooms means a room or a number of rooms forming either the whole of or part of, attached to or within the curtilage of a dwelling-house and used by not more than three legally qualified medical practitioners or by not more than three dentists within the meaning of the Dentists Act 1934 or by not more than three health care professionals, who practise therein the profession of medicine, dentistry or health care respectively, and if more than one, practise in partnership, and who employ not more than three employees in connection with that practice.

public building means a building used as offices or for administrative or other like purposes by the Crown, a statutory body, a council or an organization established for public purposes.

public utility undertaking means any of the following undertakings carried on or permitted or suffered to be carried on by or by authority of any Government Department or under the authority of or in pursuance of any Commonwealth or State Act:

(a)  railway, road, transport, water transport, air transport, wharf or river undertakings,

(b)  undertakings for the supply of water, hydraulic power, electricity or gas or the provision of sewerage or drainage services,

and a reference to a person carrying on a public utility undertaking shall be construed as including a reference to a council, county council, Government Department, corporation, firm or authority carrying on the undertaking.

recreation establishment means health farms, religious retreat houses, rest homes, youth camps and the like but does not include a building or place elsewhere specifically defined in this clause or a building or place used or intended for use for a purpose elsewhere specifically defined in this clause.

recreation facility means a building or place used for indoor recreation, a billiard saloon, table tennis centre, squash court, swimming pool, gymnasium, health studio, bowling alley, fun parlour or any other building of a like character used for recreation and whether used for the purpose of gain or not, but does not include a place of assembly.

refreshment room means a restaurant, cafe, tea room, eating house or the like.

residential flat building means a building containing 2 or more dwellings.

retail plant nursery means a building or place used for both the growing and retail selling of plants, whether or not ancillary products are sold therein.

road transport terminal means a building or place used for the principal purpose of the bulk handling of goods for transport by road, including facilities for the loading and unloading of vehicles used to transport those goods and for the parking, servicing and repair of those vehicles.

roadside stall means a building or place not exceeding 20 square metres in floor space or area respectively where only primary products produced on the property on which the building or place is situated are exposed or offered for sale or sold by retail.

rural industry means handling, treating, processing or packing of primary products and includes the servicing in a workshop of plant or equipment used for rural purposes in the locality.

rural worker’s dwelling means a dwelling which is on land upon which there is already erected a dwelling and which is occupied by persons engaged in rural occupation on that land.

sawmill means a mill handling, cutting and processing timber from logs or baulks.

service station means a building or place used for the fuelling of motor vehicles involving the sale by retail of petrol, oil and other petroleum products whether or not the building or place is also used for any one or more of the following purposes:

(a)  the sale by retail of spare parts and accessories for motor vehicles,

(b)  washing and greasing of motor vehicles,

(c)  installation of accessories,

(d)  repairing and servicing of motor vehicles involving the use of hand tools (other than repairing and servicing which involves top overhaul of motors, body building, panel beating, spray painting, or suspension, transmission or chassis restoration).

shop means a building or place used for the purpose of selling, exposing or offering for sale by retail goods, merchandise or materials, but does not include a building or place elsewhere specifically defined in this clause, a building or place used for a purpose elsewhere specifically defined in this clause or a roadside stall.

site area means the area of land to which an application for consent under the interim development order relates, excluding therefrom any land upon which the development to which the application relates is not permitted by or under the interim development order.

stock and sale yard means a building or place used for the purpose of offering animals for sale and includes a public cattle market.

tavern means any premises specified in a publican’s licence endorsed as a tavern granted under the Liquor Act 1912.

the Act means the Local Government Act 1919.

tourist facilities means an establishment providing for holiday accommodation or recreation and may include a boat shed, boat landing facilities, camping ground, caravan park, holiday cabins, hotel, house boat, marina, motel, playground, refreshment room, water sport facilities or a club used in conjunction with any such activities.

transport terminal means a building or place used as an airline terminal, a road transport terminal, a bus station or a bus depot.

units for aged persons means a residential flat building used to house aged persons as defined in the Aged or Disabled Persons Homes Act 1954, as amended, of the Parliament of the Commonwealth, erected or to be erected by an eligible organisation as defined in that Act, the Housing Commission of New South Wales or any other Department or instrumentality of the Crown.

utility installation means a building or work used by a public utility undertaking, but does not include a building designed wholly or principally as administrative or business premises or as a showroom.

warehouse means a building or place used for the storage of goods, merchandise or materials pending their sale and distribution to persons engaged in the retail trade.

(2)  A reference in this clause to a building or place used for a purpose includes a reference to a building or place intended to be used for the purpose.

Part 3 Existing buildings, existing works and existing use of land

5 Alterations and extensions of existing buildings and works

(1)  Subject to Part 3 of the interim development order, an existing building or an existing work, the existing use for which is for a purpose for which buildings or works may not be erected, carried out or used under the order in respect of the zone in which the existing building or existing work is situated, may, with the consent of the council, be altered or enlarged and new buildings or works ancillary thereto may be erected or carried out in accordance with this clause.

(2)  Any alteration or enlargement or erection of new buildings or works referred to in subclause (1):

(a)  shall be for the existing use of the existing building or work and for no other use, and

(b)  shall be carried out or constructed only on the allotment or allotments on which the existing building or existing work was first erected or carried out,

(c)  shall be such that the floor space of the building as rebuilt from time to time shall not exceed by more than 10 per cent the floor space of the existing building as it was on the appointed day.

(3)  The council shall not grant consent to the alteration or enlargement of an existing building or existing work or to the erection of new buildings or works ancillary thereto on land within Zone No 7 (f2) except with the concurrence of the Commission.

6 Rebuilding of existing buildings

(1)  Subject to Part 3 of the interim development order, an existing building, the existing use of which is for a purpose for which buildings may not be erected or used under the order in respect of the zone in which the existing building is situated, may, with the consent of the council, be rebuilt.

(2)  The rebuilding of an existing building referred to in subclause (1):

(a)  shall be for the existing use thereof and for no other use,

(b)  shall be carried out only on the allotment or allotments on which the existing building was erected immediately before the appointed day, and

(c)  shall be such that the floor space of the building as rebuilt from time to time shall not exceed by more than 10 per cent the floor space of the existing building as it was at the appointed day.

(3)  The council shall not grant consent to the rebuilding of an existing building on land within Zone 7 (f2) except with the concurrence of the Commission.

7 Change of existing use

(1)  Subject to Part 3 of the interim development order, the existing use of a building, work or land, or of any part thereof, for a purpose for which buildings or works may not be erected, carried out or used, under that order in respect of the zone in which the building, work or land is situated, may, with the consent of the council, be changed to a use for some other purpose for which buildings or works may not be erected, carried out or used, or land may not be used in that zone, where in the opinion of the council the proposed use is less objectionable and would have less adverse effect on the amenity of the area in which the building, work or land is situated than the existing use.

(2)  If the existing building or existing work is situated on land within Zone No 7 (f2) the council shall not grant consent to a change of use of that building, work or land, or of any part thereof, except with the concurrence of the Commission.

8 Illegally established development

Nothing in this Part applies to an existing building or existing work or to an existing use of a building, work or land which was erected or carried out or commenced in contravention of the provisions of the Town and Country Planning (General Interim Development) Ordinance, a planning scheme or an interim development order made under Division 7 of Part 12A of the Act, or any consent or permission granted under that Ordinance or any such order.

Part 4 Consents

9 Submission of plans

(1)  An application for the consent of the council under the provisions of the interim development order shall be made in writing to the council and shall be accompanied by the following:

(a)  if the application is for consent to the use of a building or work or to the use of land, 1 copy of a plan sufficient to identify the land to which the application relates and 1 copy of particulars in writing of the purpose for which the building, work or land is used at the date of the application and the purpose for which consent is sought,

(b)  if the application is for consent to the erection of a building or to the carrying out of a work, 1 copy of a plan sufficient to identify the land to which the application relates and the location of the building or work in relation to the boundaries of the site and to other buildings thereon and particulars, illustrated by 1 copy of plans and drawings, sufficient to describe the building or work and the purpose for which it is to be used,

(c)  if the application is for consent to the alteration or extension of a building or a work, 1 copy of a plan sufficient to identify the land to which the application relates and showing the relation of the building or work to the boundaries of the site and to other buildings thereon and the proposed alterations or extensions thereof and particulars, illustrated by 1 copy of plans and drawings, sufficient to describe the proposed alterations or extensions, and

(d)  if the application is by a person other than the owner, the consent in writing of the owner.

(2)  The council may, by notice in writing served on an applicant for a consent referred to in subclause (1), require the applicant to furnish to it such further plans or information as it may reasonably require.

(3)  Where, in pursuance of the provisions of the interim development order, the council is required to refer the application to the Minister or to any other person, the application shall be accompanied by sufficient additional copies of the plans and particulars required pursuant to subclause (1) as are necessary to enable the reference to be made.

10 Advertisement of certain applications

(1)  The council shall, before determining an application for its consent to carry out development on any land zoned residential, for the purpose of a home industry, a hospital or a place of public worship, a child care centre, educational establishment, motel, a dwelling-house altered or added to in accordance with clause 27 or such other purpose the council considers necessary give notice of the receipt of the application in a newspaper circulating in the locality in which the development the subject of the application is proposed to be carried out.

(2)  The cost of giving notice in accordance with subclause (1) may be included in the fees, if any fixed in respect of an application for consent under the order.

(3)  A notice referred to in subclause (1) shall:

(a)  set out particulars sufficient to identify the land to which the application relates and the nature of the proposed development, and

(b)  allow a period of 14 days from the date of publication during which any person may lodge with the council written objection to the proposed development on the ground that it will injuriously affect the ownership or occupation by that person of a boarding-house, a dwelling-house, a dwelling in a residential flat building or land in the vicinity.

(4)  After expiry of the period referred to in subclause (3) (b), the council shall consider the application having regard to any objections lodged in pursuance of the notice.

11 Consideration of applications generally

(1)  The council shall take into account in considering any application under the interim development order for its consent to the carrying out of any development:

(a)  the character of the proposed development in relation to the character of the development on the adjoining land and in the locality,

(b)  the size and shape of the parcel of land to which the application relates, the siting of the proposed development and the area to be occupied by the development in relation to the size and shape of the adjoining land and the development thereon,

(c)  whether the proposed road access and means of entrance to and egress from the site are adequate and whether provision has been made for the loading, unloading and parking of vehicles on the site,

(d)  any representations made by any statutory authority in relation to the application or to the development of the area, and the rights and powers of any such authority,

(e)  any plan, code or design (whether detailed or otherwise) adopted by resolution of the council for the development of the locality in which the land to which the application relates is situated,

(f)  whether adequate provision has been made for the landscaping of the site,

(g)  whether any environmental issues are involved in or raised by the proposed development and, if so, whether adequate safeguards have been or will be made to prevent pollution and protect the environment of the locality,

(h)  whether satisfactory arrangements have been made to reduce the risk of fire on the land to which the application relates and any buildings erected thereon, and to limit the spread of fire on that land,

(i)  whether the proposed development will involve the cutting down, lopping, topping or destruction of trees,

(j)  whether the proposed development is likely to cause a nuisance due to the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, grit, oil, waste water, waste products or otherwise,

(k)  the methods proposed for the disposal of waste products,

(l)  the extent to which the application, if approved, would affect the significance of any building, work, relic or place as an item of the environmental heritage,

(m)  the stability of the soil,

(n)  the likelihood of flooding and the effect of that flooding on the development or adjoining land,

(o)  whether adequate public utility services are available,

(p)  the existing and future amenity of the neighbourhood,

(q)  the circumstances of the case and the public interest, and

(r)  the provisions of the interim development order.

(2)  Any plan, code or design referred to in clause 11 (1) (e) or clause 12 (4) or a foreshore building line referred to in clause 17 adopted after the appointed day shall not be taken into account under this clause unless the council:

(a)  at least one month before adopting it has:

(i)  if the area of land to which it relates is so extensive as to render, in the opinion of the council, individual notification to the owners of the land likely to be affected impracticable, caused notice of the proposed plan, code, design or foreshore building line to be published in two newspapers (one of which shall be a daily newspaper generally circulating throughout the State and one of which shall be a newspaper circulating in the area likely to be so affected), or

(ii)  in any other case, notified in writing all the owners of the land likely to be affected by the proposed plan, code, design or foreshore building line of that proposed plan, code, design or foreshore building line, and

(b)  within the period referred to in paragraph (a), has placed details of the proposed plan, code, design or foreshore building line on exhibition at the office of the council during office hours, and

(c)  has considered any representation, objection or submission received in response to the notifications referred to in paragraph (a).

12 Consideration of certain applications

(1)  The council shall, in respect of an application under the interim development order for its consent or approval to the erection of a building, the carrying out of a work or the use of land within view of any waterway or adjacent to any main or arterial road, railway, public reserve or land zoned as open space, take into consideration the probable aesthetic appearance of the proposed building or work or that land when used for the proposed purpose and viewed from that waterway, main or arterial road, railway, public reserve or land zoned for open space.

(2)  The council shall, in respect of an application under the interim development order for its consent or approval to the erection or use of a commercial premise, shop, residential flat building, hotel, motel, service station, car repair station, place of assembly, industrial premise or caravan park or to the carrying out of any other development likely to cause increased vehicular traffic on any road in the vicinity of that development, take into consideration:

(a)  whether adequate vehicular exits from and entrances to the sites have been provided so that vehicles using those exits and entrances will not endanger persons and vehicles using those roads,

(b)  the provision of space on the site or on land adjoining the site, other than a public road, for the parking or standing of such number of vehicles as the council may determine,

(c)  whether any representations made by the Traffic Authority of New South Wales, and where the site has frontage to a main or arterial road, by the Department of Main Roads, have been met, and

(d)  whether adequate space has been provided within the site of the building or development for the loading, unloading and fuelling of vehicles and for the picking up and setting down of passengers.

(3)  The council shall, in respect of an application under the interim development order for its consent or approval to the erection of a building the carrying out of a work or the use of a building, work or land for the purpose of a transport terminal, consult with the Traffic Authority of New South Wales and, where the land in respect of which that application is made has a frontage to a main or arterial road, with the Department of Main Roads, and shall take into consideration:

(a)  any representations made to it by the Traffic Authority of New South Wales and the Department of Main Roads,

(b)  the standard of the roads in the locality in relation to the size and the weight of the vehicles likely to use the transport terminal,

(c)  traffic conditions and facilities generally in the vicinity of the approaches to the transport terminal,

(d)  the means of ingress and egress,

(e)  the provision on land (other than a public road) of space for the parking or standing of vehicles, and

(f)  the layout of buildings on the site in relation to:

(i)  the provision of space for the parking and standing of vehicles,

(ii)  the provision of space for the loading, unloading or fuelling of vehicles, and

(iii)  the traffic facilities within the site.

(4)  The council shall, in respect of an application under the interim development order for its consent or approval to the erection or use of a residential flat building, take into consideration any code for the erection of residential flat buildings adopted by resolution of the council.

(5)  The council shall, in respect of an application under the interim development order for its consent or approval to the erection of a building, the carrying out of a work or the use of land for the purpose of an extractive industry or mine, take into consideration the advisability of imposing conditions to secure the reinstatement of the land, to facilitate the removal of waste material or refuse, to secure public safety in the neighbourhood and to protect the amenity of the neighbourhood.

(6)  The council shall, in respect of an application under the interim development order for its consent or approval to carry out development for the purpose of a mineral sands mine or mines, consult with the Commission and shall not grant consent unless the Commission gives its concurrence.

13 (Repealed)

cl 13: Rep 13.3.1987.

14 Determination of applications

(1)  Subject to Parts 5, 6 and 7 of these provisions, the council, in respect of:

(a)  an application for consent to carry out development for a purpose specified in Column III of the Land Use Table to the interim development order shall not be entitled to refuse its consent to the application but may attach to its consent such conditions as it thinks proper to impose relating to any one or more of the matters referred to in clause 11 of these provisions, and

(b)  an application for consent to carry out any other development, may grant the application unconditionally or subject to such conditions as it thinks proper to impose or may refuse to grant the application.

(2)  The council shall cause notice to be given to the applicant of its decision and, in the case of a consent given subject to conditions or of a refusal, the reasons therefore shall be stated in the notice.

15 Lapsing of consents

A consent of the council given under the interim development order shall lapse if the development to which it refers is not substantially commenced:

(a)  except as provided in paragraph (b), within the period of 2 years after it was given, or

(b)  within such longer period, not exceeding 4 years after it was given, as the council may from time to time approve in writing.

16 Consents to be void in certain circumstances

Wherever in the interim development order the council is required to obtain the consent or concurrence of the Minister or of any Government Department or statutory authority before consenting to any application for consent to carry out development, any consent so given without having obtained that consent or concurrence shall be null and void.

Part 5 General amenity and convenience

17 Foreshore building line

(1)  The council may, by resolution, fix a line (in this clause called a foreshore building line) in respect of any land fronting any bay, river, creek, lake, lagoon, harbour or ocean.

(2)  A foreshore building line shall, when fixed in accordance with subclause (1), be marked upon a plan or clearly described in the resolution and the plan or resolution shall be available for inspection by the public during the office hours of the council.

(3)  The council may alter or abolish any foreshore building line, where the levels, depth or other exceptional features of the site make it necessary or expedient to do so.

(4)  A building shall not be erected between a foreshore building line and a bay, river, creek, lake or lagoon in respect of which the line is fixed.

18 Preservation of trees

(1)  Where it appears to the council that it is expedient for the purpose of securing amenity or of preserving existing amenity, it may, for that purpose and by resolution, make an order (hereinafter referred to as a tree preservation order) and may, by like resolution, rescind or vary any such order.

(2)  A tree preservation order may prohibit the ring-barking, cutting down, topping, lopping, removing, injuring or wilful destruction of any tree or trees specified in the order except with the consent of the council and any such consent may be given subject to such conditions as the council thinks fit.

(3)  A tree preservation order may relate to any tree or trees or to any specified class, type or description of trees on land described particularly or generally by reference to the Local Government area or any divisions thereof.

(4)  The council shall forthwith upon the making of a tree preservation order cause notice of the making of the order to be published in the Gazette and in a newspaper circulating in the area in which the land described in the order is situated.

(5)  A person who contravenes or causes or permits to be contravened a tree preservation order shall be guilty of an offence.

(6)  It is a sufficient defence to proceedings under this clause relating to the ring-barking, cutting down, topping, lopping, removal, injury or wilful destruction of a tree to prove:

(a)  that the tree was dying or dead or had become dangerous, or

(b)  that taking the action was reasonably necessary to protect human life, buildings or other property from imminent danger from a bush fire burning in the vicinity of the land on which the tree was situated, or

(c)  that written notice about the proposed action was given to the council of the area in which the tree was situated and the council, before the action was taken, confirmed in writing:

(i)  that the tree was in a fuel free zone within the meaning of the document entitled “Planning for Bush Fire Protection” published by the Department of Bush Fire Services, and

(ii)  that, if the council has classified species of trees as being likely to present a significant fire hazard, the tree was of such a species, or

(d)  that written notice about the proposed action was given to that council, a period of not less than 14 days occurred after the notice was given (and before the action was taken) and the council did not advise the person during that period that it opposed the action being taken.

In this subclause, notice means a notice that includes the name and address of the person who gives it and that explains that a tree of a named species situated in a specified position on land described in the notice is intended to be ring-barked, cut down, topped, lopped, removed, injured or wilfully destroyed for the purpose of bush fire hazard reduction.

(7)  The powers conferred on the council in pursuance of this clause shall not apply to trees in a State forest or on land reserved as a timber reserve within the meaning of the Forestry Act 1916.

cl 18: Am 9.12.1994.

Part 6 Special provisions

Division 1 Roads

19 Relocation of major roads

The council shall not, without the approval of the Commission cause to be aligned or realigned any main road or any other roads which the Commissioner for Main Roads has notified as a proposed main road.

20 Opening of public road

(1)  A road or other means of access which forms a junction or intersection with a main road shall not be opened without the consent of the council.

(2)  In respect of any application for consent to open a public road or other means of access forming a junction or intersection with a main road, the council shall consult with the Traffic Authority of New South Wales and the Commissioner for Main Roads and shall take into consideration:

(a)  the treatment of the junction or the intersection and its location having regard to town and country planning principles and to the safety and convenience of the public,

(b)  the effect of opening the road or other means of access on the development of the locality, and

(c)  any representations by the Traffic Authority of New South Wales or the Commissioner for Main Roads.

21 Subdivision—new roads

Where the land is zoned for the purpose of a proposed new road, the council shall not consent to a subdivision of land of which the proposed road forms part unless the subdivision makes provision for the opening of a road in reasonable conformity with the proposed road.

22 Land used for commercial or industrial purposes

(1)  This clause shall apply to all land having a frontage to a main or arterial road used or to be used for commercial or industrial purposes, whether or not it forms the site of a building.

(2)  If:

(a)  there is no building on the land or the only building thereon is of a minor character—the land, or

(b)  the land forms the site of a building other than one of a minor character—the land between the road frontage and the buildings, shall not be used for the storage, sale or display of goods or for advertising purposes without the consent of the council.

23 Off street loading etc facilities

(1)  Subject to this clause, the council shall not consent to the erection or use of any building on land zoned for commercial or industrial purposes unless provision is made within the site area for loading and unloading facilities satisfactory to the council.

(2)  If a building referred to in subclause (1) has access to a rear lane, the loading and unloading facilities shall be provided from that lane unless the council is satisfied that the lane is inadequate for the purpose.

(3)  This clause does not apply to development being minor alterations to an existing building if, in the opinion of the council, the size and shape of the land having regard to existing buildings render the provision of facilities in accordance with this clause impracticable.

(4)  Where in the opinion of the council provision cannot be made in subclause (1) for loading and unloading, the council may consent to the erection or use of a building subject to any conditions it may impose.

24 Proposed new alignment

Where on the I.D.C. Map a proposed new alignment of a road is shown by a broken black line with the words “Proposed new alignment” the council shall not consent to the erection of buildings or the carrying out of works on land between the existing alignment of the road and the proposed new alignment other than repairs for the purpose of permitting reasonable preservation and temporary use of a building or work or improvements for that purpose.

25 Development on public road

(1)  A person shall not carry out development on a public road shown uncoloured on the I.D.C. Map or part of such road lawfully closed without the consent of the council.

(2)  The council shall only grant its consent under subclause (1) for a purpose which may be carried out either with or without the consent of the council on land adjoining that road.

Division 2 Residential development

26 Exhibition homes

(1)  The council may consent to the use of a dwelling-house erected on land within a residential zone as an exhibition home.

(2)  The council shall not grant consent under subclause (1) in respect of a dwelling-house erected on land with a main road frontage without the concurrence of the Commission.

27 Conversion of buildings

(1)  A person may, with the consent of the council, alter or add to a dwelling-house so as to create two dwellings.

(2)  Except as provided in subclause (3) the council shall not grant consent under subclause (1) unless:

(a)  the area of the allotment on which the dwelling-house is erected is not less than 400 square metres,

(b)  the floor space ratio of the dwelling-house as altered or added to is not greater than:

(i)  the floor space ratio of the dwelling-house before it was added to or altered, or

(ii)  0.5:1,

whichever is the greater, and

(c)  it is satisfied that arrangements satisfactory to it have been made for the provision of a water supply and for the disposal of sewage and stormwater drainage from the land.

(3)  The council may, in relation to the consent granted under subclause (1), impose a condition requiring the owner of the allotment to occupy one of the dwellings created pursuant to that subsection.

(4)  The area occupied by a garage or car port shall not be taken into account when calculating floor space ratios.

(5)  The provisions of the interim development order relating to residential flat buildings do not apply to a building altered or added to or proposed to be altered or added to pursuant to this clause.

28 Residential flat buildings—parking

(1)  A residential flat building (other than units for aged persons) shall not be erected or used unless provision is made within the site for:

(a)  parking space not less than 5.4 metres by 2.4 metres for each dwelling within the building, and

(b)  proper vehicular access to the parking space.

(2)  In the case of units for aged persons, there shall be provided so many vehicular parking spaces not less than 5.4 metres by 2.4 metres, as the council may require, having regard to the location of the building in relation to public transport and the availability of alternative car parking facilities, but so that there shall be provided not less than 1 such space for each 10 dwellings and that the council may not require the provision of more than 1 such space for each 5 dwellings.

29 Residential flat buildings—setbacks

A boarding-house or a residential flat building shall not be erected on an allotment of land within a residential zone closer than 9 metres to a main or arterial road.

30 Restriction on excavations

Where immediately before the appointed day, any land within a residential zone was used for the purpose of winning extractive materials, no excavation for that purpose shall be made, opened or extended within 15 metres of adjoining land which is within a residential zone, and was not immediately prior to the appointed day in the same ownership.

Division 3 Certain development

31 Service stations or car repair stations

A building or work shall not be erected or used and land shall not be used for the purpose of a service station unless:

(a)  the site is more than 90 metres from the junction or intersection of a main or arterial road, with another main or arterial road,

(b)  where the site has frontage to a main or arterial road:

(i)  the Traffic Authority of New South Wales and the Department of Main Roads have been consulted, and

(ii)  where the site is not a corner lot, the frontage to the road is not less than 38 metres, or, where the site is a corner lot, the frontage to the road is not less than 30 metres,

(c)  where the site has frontage to a road other than a main or arterial road, the frontage is not less than 30 metres,

(d)  the width of a vehicular crossing over a footpath is not more than 9 metres,

(e)  any vehicular crossing over a footpath is not closer than 6 metres to a road intersection,

(f)  separate entrances to and exits from the site are provided and those entrances and exits are separated by physical barriers constructed on the road alignment and so identified by suitable signs readily visible to persons using the adjoining road or entering,

(g)  where the site is a corner lot and the council so requires, separate entrances and exits are provided to and from each of the adjoining roads and a physical barrier is erected so that a vehicle entering the site must, when leaving it, use an exit leading only to the road from which entrance was gained,

(h)  inlets to bulk fuel storage tanks are so situated on the site as to ensure that tankers, while discharging fuel into such tanks, shall stand wholly within the site,

(i)  fuel pumps are within the site and not closer than 3 metres to the road alignment,

(j)  the layout of the site is such as to facilitate the movement of vehicles entering into or leaving the site with the flow of traffic on the adjoining road,

(k)  vehicular access to or from the site from or to an adjoining road is situated not less than 24 metres to any traffic lights on the roads, and

(l)  the site is suitably landscaped to the satisfaction of the council.

32 Drive-in theatre

(1)  A drive-in theatre shall not be erected or used unless the following conditions are complied with:

(a)  a vehicular entrance to or exit from the drive-in theatre shall not be located within 90 metres of a main or arterial road,

(b)  a vehicular drive-way, at least 60 metres in length and 21 metres in width, leading from the entrance to the site to the location of the ticket office, shall be located within the site of the drive-in theatre, and

(c)  the screen of the drive-in theatre shall be so located or protected that no image projected thereon shall be visible and identifiable from a main or arterial road.

(2)  Where an application is received by the council for consent to erect a building or to use a building or land for the purpose of a drive-in theatre, the council shall, before determining the application, consult with the Traffic Authority of New South Wales and the Department of Main Roads and take into consideration any representations made by that Authority or Department.

33 Drive-in take-away food shops

A drive-in take-away food shop shall not be erected or used unless the following conditions are complied with:

(a)  the site area is not less than 1 000 square metres,

(b)  where the site has a frontage to a main or arterial road:

(i)  the frontage is not less than 27 metres, and

(ii)  there is provided on the site parking space for not less than 30 motor vehicles,

(c)  where the site has a frontage to any other road:

(i)  that frontage is not less than 21 metres, and

(ii)  there is provided on the site parking space for so many motor vehicles as the council may determine,

(d)  any vehicle crossing is not:

(i)  less than 6 metres wide,

(ii)  closer than 9 metres to another vehicular crossing on the site, or

(iii)  closer than 7.6 metres to a road intersection,

(e)  the site is landscaped to the satisfaction of the council, and

(f)  not more than 2 advertising structures are displayed outside the shop.

34 Motel

(1)  A person shall not erect a motel on an allotment of land in a residential zone or a non-urban zone where the percentage of the area of the allotment to be occupied by the building exceeds:

(a)  in the case of a building 1 storey in height—40 per cent,

(b)  in the case of a building 2 storeys in height—35 per cent, or

(c)  in the case of a building 2 or more storeys in height—25 per cent.

(2)  A person shall not erect a motel on an allotment of land unless the minimum distance of the external walls of the building from the side and rear boundaries of the allotment is:

(a)  where the external walls are 3 metres in height or less—3 metres, or

(b)  where the external walls exceed 3 metres in height—3 metres plus one-quarter of the height by which the external walls exceed 3 metres.

35 Motor showrooms

A person shall not carry out development for the purposes of a motor showroom on any land unless:

(a)  where the land has a frontage to a main or arterial road, vehicular access to the site where alternative access is available is only by way of a road, other than the main or arterial road, and

(b)  where the site is a corner lot, the council is satisfied that the layout and placement of caravans, boats or motor vehicles (as the case may be) will not obstruct the vision of drivers using the intersection.

36 Industrial use of land

A person shall not, within a special business zone erect or use a building or use land for the purposes of an industry other than a service station or car repair station if:

(a)  the total floor space of the building or the part of the building so used or proposed to be used or the total area of the land so used or proposed to be used exceeds 500 square metres, or

(b)  the allotment of land upon which the proposed development is to be established exceeds 1 000 square metres.

Division 4 Miscellaneous development

37 Railway sidings

Nothing in the interim development order shall operate to prohibit the construction and use of any railway siding designed to serve lands in an industrial zone.

38 Liquid fuel depots

A person shall not establish, enlarge or use a liquid fuel depot having an above ground storage capacity of 500 kilolitres or more of inflammable liquid without the prior consent of the council and the concurrence of the Department for the time being engaged in the administration of the Dangerous Goods Act 1975.

39 Junk yards and offensive or hazardous industries

Development for the purposes of a junkyard or an offensive or hazardous industry:

(a)  shall not be carried out within 90 metres of a main or arterial road, and

(b)  shall be screened from view to the satisfaction of the council.

40 Sawdust and sawmill waste

Except with the consent of the council sawdust or sawmill waste shall not be:

(a)  deposited on any land, whether by way of filling or otherwise, or

(b)  burnt:

(i)  except in an incinerator of a type approved by the council, or

(ii)  where the sawmill is isolated from urban development, except in a manner approved by the council.

41 General store

(1)  A person shall not erect or use a building for the purposes of a general store on an allotment of land within a rural zone, where such allotment has a frontage to a main or arterial road or is less than 800 metres from any other allotment of land on which is erected a shop or a general store.

(2)  A person shall not erect or use a building for the purposes of a general store in any zone referred to in subclause (1) of this clause closer to the alignment of a road other than the building line fixed in respect of any adjoining premises or, where no such building line has been fixed, closer to such alignment than the distance generally applying in respect of other premises having frontage to such road.

42 Construction of dams

A person shall not construct a dam on any land except with the consent of the council.

Division 5 General

43 Services

The council shall not grant its consent to the carrying out of any development on any land unless:

(a)  a water supply and facilities for the removal or disposal of sewage and drainage are available to that land, or

(b)  arrangements satisfactory to it have been made for the provision of that supply and those facilities.

44 Development below high water mark

A person shall not carry out development on any land:

(a)  below high water mark,

(b)  forming part of the bed of a river, creek, bay, lagoon or other natural watercourse shown uncoloured on the I.D.C. Map, or

(c)  which has been reclaimed,

without the consent of the council.

45 Extractive industry, transport terminal

A person shall not erect or use a building or work or use land within Zone No 1 (b) for the purposes of:

(a)  an extractive industry, or

(b)  a transport terminal,

unless:

(c)  the building or work or land to be used is more than 90 metres from the alignment of a main or arterial road, and

(d)  there is no direct access from the land to a main or arterial road.

46 Advertising structures

A person may erect an advertising structure only with the consent of the council where:

(a)  

(i)  the advertisement on or to be placed on the structure indicates or is to indicate the purpose for which the premises on the land are to be used, or

(ii)  on land within Zone No 1 (a), 1 (b), 1 (c1), 1 (c2), 1 (d) or 1 (f) only if the advertising structure is to be used for the purposes of displaying an advertisement indicating the location of tourist facilities and places of scientific, historic or scenic interest, and

(b)  the council is satisfied that the advertising structure will not interfere with the amenity of the area.

47 Flood prone land

(1)  A person shall not erect a building or carry out a work on land within a flood prone area without the consent of the council.

(2)  The council may, as condition of its consent, require the floor of the building or work to be erected at a height sufficient, in the opinion of the council, to prevent or reduce the incidence of flooding of that building or work or of adjoining land.

Part 7 General

48 Savings

Nothing in the interim development order shall be construed as restricting or prohibiting or enabling the council to restrict or prohibit:

(a)  the carrying out of development of any description specified in Schedule 1,

(b)  the use of existing buildings of the Crown by the Crown, or

(c)  home occupations carried on in dwelling houses.

49 Prior consents

(1)  Nothing in the interim development order shall prevent the carrying out of interim development in accordance with:

(a)  the terms of any consent granted under the prior interim development order or under subclause (2), or

(b)  where a Planning Scheme Ordinance has been suspended by the interim development order, the terms of any consent granted under that Ordinance.

(2)  Within the period of 2 years after the date of rescission of the order referred to in subclause (1) (a), the Council may consent to the carrying out of interim development which could, but for that rescission, be carried out in accordance with that order.

(3)  A consent referred to in subclause (1) (b) shall have effect as if it were a consent lawfully granted under the interim development order and shall be enforced accordingly.

50 (Repealed)

cl 50: Rep 13.3.1987.

Schedule 1

(Clause 48)

1 The carrying out by persons carrying on railway undertakings on land comprised in their undertakings of: (a) any development required in connection with the movement of traffic by rail, including the construction, reconstruction, alteration, maintenance and repair of ways, works and plant, and (b) the erection within the limits of a railway station of buildings for any purpose, but excluding: (c) the construction of new railways, railway stations and bridges over roads, (d) the erection, reconstruction and alteration of buildings for purposes other than railway undertaking purposes outside the limits of a railway station and the reconstruction or alteration so as materially to affect the design thereof of railway stations or bridges, (e) the formation or alteration of any means of access to a road, and (f) the erection, reconstruction and alteration of buildings for purposes other than railway purposes where such buildings have direct access to a public place.

2 The carrying out by persons carrying on public utility undertakings, being water, sewerage, drainage, electricity or gas undertakings, of any of the following development, being development required for the purpose of their undertakings, that is to say: (a) development of any description at or below the surface of the ground, (b) the installation of any plant inside a building or the installation or erection within the premises of a generating station or substation established before the appointed day of any plant or other structures or erections required in connection with the station or substation, (c) the installation or erection of any plant or other structures or erections by way of addition to or replacement or extension of plant or structures or erections already installed or erected, including the installation in an electrical transmission line of substations, feeder-pillars or transformer housing, but not including the erection of overhead lines for the supply of electricity or pipes above the surface of the ground for the supply of water, or the installation of substations, feeder-pillars or transformer housings of stone, concrete or brickworks, (d) the provision of overhead service lines in pursuance of any statutory power to provide a supply of electricity, (e) the erection of service reservoirs on land acquired or in process of being acquired for the purposes thereof before the appointed day, provided reasonable notice of the proposed erection is given to the council, or (f) any other development except: (i) the erection of buildings, the installation or erection of plant or other structures or erections and the reconstruction or alteration, so as materially to affect the design or external appearance thereof, of buildings, or (ii) the formation or alteration of any means of access to a road.

3 The carrying out by persons carrying on public utility undertakings, being water transport undertakings, on land comprised in their undertakings, of any development required in connection with the movement of traffic by water, including the construction, reconstruction, alteration, maintenance and repair of ways, buildings, wharves, works and plant required for that purpose, except: (a) the erection of buildings and the reconstruction or alteration of buildings so as materially to affect the design or external appearance thereof, or (b) the formation or alteration of any means of access to a road.

4 The carrying out by persons carrying on public utility undertakings, being wharf or river undertakings, on land comprised in their undertakings, of any development required for the purposes of shipping or in connection with the embarking, loading, discharging or transport of passengers, livestock or goods at a wharf or the movement of traffic by a railway forming part of the undertaking, including the construction, reconstruction, alteration, maintenance and repair of ways, buildings, works and plant for those purposes, except: (a) the construction of bridges, the erection of any other buildings, and the reconstruction or alteration of bridges or of buildings so as materially to affect the design or external appearance thereof, or (b) the formation or alteration of any means of access to a road.

5 The carrying out by persons carrying on public utility undertakings, being air transport undertakings, on land comprised in their undertakings within the boundaries of any aerodrome, of any development required in connection with the movement of traffic by air, including the construction, reconstruction, alterations, maintenance and repair of ways, buildings, wharves, works and plant required for that purpose, except: (a) the erection of buildings and the reconstruction or alteration of buildings so as materially to affect the design or external appearance thereof, or (b) the formation or alteration of any means of access to a road.

6 The carrying out by persons carrying on public utility undertakings, being road transport undertakings, on land comprised in their undertakings, of any development required in connection with the movement of traffic by road, including the construction, reconstruction, alteration, maintenance and repair of buildings, works and plant required for that purpose, except: (a) the erection of buildings and the reconstruction or alteration of buildings so as materially to affect the design or external appearance thereof, or (b) the formation or alteration of any means of access to a road.

7 The carrying out by the owner or lessee of a mine (other than a mineral sands mine), on the mine, of any development required for the purposes of a mine, except: (a) the erection of buildings (not being plant or other structures or erections required for the mining, working, treatment or disposal of minerals) and the reconstruction, alteration or extension of buildings, so as materially to affect the design or external appearance thereof, or (b) the formation or alteration of any means of access to a road.

8 The carrying out of any development required in connection with the construction, reconstruction, improvement, maintenance or repair of any road, except the widening, realignment or relocation of such road.

9 The carrying out of any forestry work by the Forestry Commission, School Forest Trust or Community Forest Authorities empowered under relevant Acts to undertake afforestation, roading, protection, cutting and marketing of timber, and other forestry purposes under such Acts or upon any Crown land temporarily reserved from sale as a timber reserve under the Forestry Act 1916 .

10 The carrying out by a Pastures Protection Board of any development required for the improvement and maintenance of travelling stock and water reserves, except: (i) the erection of buildings and the reconstruction or alteration of buildings so as materially to affect the design or purposes thereof, (ii) any development designed to change the use or purpose of any such reserve.

11 The carrying out or causing to be carried out by a council engaged in flood mitigation works or by the Water Resources Commission of any work for the purposes of soil conservation, irrigation, afforestation, reafforestation, flood mitigation, water conservation or river improvement in pursuance of the provisions of the Water Act 1912 , the Irrigation Act 1912 , the Farm Water Supplies Act 1946 or the Rivers and Foreshores Improvement Act 1948 , except: (i) the erection of buildings, the installation or erection of plant or other structures or erections and the reconstruction or alteration of buildings so as materially to affect the design or external appearance thereof, (ii) the formation or alteration of any means of access to a road.