Narromine Local Environmental Plan 1997

Part 1 Preliminary

1 Name of plan

This plan may be cited as Narromine Local Environmental Plan 1997.

2 Aims, objectives etc

The general aims and objectives of this plan are:

(a)  to encourage the proper management, development and conservation of natural and artificial resources within the local government area of Narromine by protecting, enhancing or conserving:

(i)  prime crop and pasture land, and

(ii)  timber, mineral, soil, water and other natural resources, and

(iii)  areas of significance for nature conservation, and

(iv)  areas of high scenic or recreational value, and

(v)  places and buildings of archaeological or heritage significance, including Aboriginal relics and places, and

(b)  to repeal Narromine Local Environmental Plan 1988 and replace it with a new local environmental plan to help facilitate the growth and development of land within the local government area of Narromine in a manner which is consistent with the objectives specified in paragraph (a) and which:

(i)  minimises the cost to the community of fragmented and isolated development of rural land, and

(ii)  facilitates the efficient and effective delivery of services, and

(iii)  facilitates a range of residential and employment opportunities in accordance with demand, and

(iv)  facilitates farm adjustment, and

(v)  promotes both urban and rural development.

3 Land to which plan applies

This plan applies to all land within the local government area of Narromine as shown on the map.

4 Relationship to other environmental planning instruments

This plan repeals:

(a)  Narromine Local Environmental Plan 1988, and

(b)  such other local environmental plans and deemed environmental planning instruments as, immediately before the appointed day, applied to the land to which this plan applies, but only to the extent to which they applied to that land.

5 Interpretation

(1)  In this plan:

advertisement means the display of symbols, messages or other devices for promotional purposes or for conveying information, instructions, directions or the like, whether or not the display includes the erection of a structure or the carrying out of a work.

agriculture includes horticulture and the use of land for any purpose of husbandry, including the keeping or breeding of livestock, poultry or bees and the growing of fruit or vegetables, and the like.

animal boarding or training establishment means a building or place used for the commercial boarding, breeding, keeping or training of animals, and includes a riding school and veterinary clinic.

appointed day means the day on which this plan takes effect.

archaeological site means any site identified as such in Schedule 1.

arterial road means a road shown on the map by heavy broken black lines.

business identification sign means an advertisement which, in respect of any place or premises, contains any one or more of the following:

(a)  a reference to the identity or a description of the place or premises,

(b)  a reference to the identity or a description of any person residing or carrying on an occupation at the place or premises,

(c)  particulars of any occupation carried on in the place or premises,

(d)  such directions or cautions as are usual or necessary relating to the place or premises or any occupation carried on there,

(e)  particulars of any notice required or permitted to be displayed by or under any State or Commonwealth Act,

(f)  particulars relating to the goods, commodities or services dealt with or provided at the place or premises,

(g)  particulars of any activities held or to be held at the place or premises,

(h)  a reference to an affiliation with a trade, profession or other association relevant to the business conducted at the place or premises.

caravan park means land used as a site for moveable dwellings, including tents and caravans and other vehicles used for temporary or permanent accommodation, and includes any kiosk or other similar facility situated on the land.

community centre means a building or place owned or controlled by the Council and used to provide facilities comprising or relating to any one or more of the following or any like facilities:

(a)  a public library,

(b)  public health services,

(c)  rest rooms,

(d)  meeting rooms,

(e)  indoor recreation,

(f)  child minding facilities.

Council means the Narromine Shire Council.

demolish a heritage item or a building, work, relic, tree or place within a heritage conservation area means wholly or partly destroy or dismantle the heritage item or building, work, relic, tree or place.

environmentally sensitive land means land that:

(a)  is identified as Class 5 land on a map prepared by the Director-General of the Department of Agriculture and deposited in the office of the Council and a copy of which is deposited in the office of the Department of Agriculture, and is shown edged black or red and coloured yellow or green on the map, or

(b)  is identified as rural land capability Class VII or VIII land on a map prepared by the Director-General of the Department of Land and Water Conservation and deposited in the office of the Council and a copy of which is deposited in the office of the Department of Land and Water Conservation, and is shown edged black or red and coloured yellow or green respectively on the map, or

(c)  has a slope gradient in excess of 1 (V) in 3 (H), is protected land within the meaning of section 21AB of the Soil Conservation Act 1938, and is shown on a map deposited in the office of the Council and a copy of which is deposited in the office of the Department of Land and Water Conservation, and is shown edged black or red and coloured yellow or green on the map.

existing holding means:

(a)  except as provided by paragraph (b), the area of a lot, portion or parcel of land as it was on 24 February 1989, or

(b)  where, on 24 February 1989, a person owned 2 or more adjoining or adjacent lots, portions or parcels of land, the aggregation of those lots, portions or parcels as they were at that day.

flood liable land means land shown coloured purple on the map.

floodway means land where a significant volume of water flows during floods.

heritage conservation area means land shown edged black and labelled “Conservation Area” on the map.

heritage item means a building, work, relic, tree or place (which may or may not be situated on or within land that is a heritage conservation area) described in Schedule 1 and indicated on the map by the letter “E”.

heritage significance means historic, scientific, cultural, social, archaeological, architectural, natural or aesthetic significance.

intensive livestock keeping establishment means a building or place in or on which cattle, sheep, goats, poultry or other livestock are held for the purpose of nurturing by a feeding method other than natural grazing and, without limiting the generality of the foregoing, includes:

(a)  feed lots, and

(b)  piggeries, and

(c)  poultry farms, and

(d)  fish farms (including farms for crustaceans or oysters),

but does not include an animal boarding or training establishment, the artificial feeding of livestock as a result of natural disasters such as drought, bushfire and flood or land used for the keeping of livestock or poultry intended solely for personal consumption or enjoyment by the owner or occupier of the land.

land degradation means the decline in quality of natural resources, commonly caused through improper use of the land by humans. Land degradation encompasses soil degradation and the deterioration of natural landscapes and vegetation. It includes the adverse effects of overgrazing, excessive tillage, overclearing, erosion, sediment deposition, extractive industries, road construction, decline of plant communities and the effects of noxious plants and animals.

potential archaeological site means any site identified as such in Schedule 1.

prime crop and pasture land means land within an area identified, on a map prepared by or on behalf of the Director-General of the Department of Agriculture and deposited in the office of that Department and a copy of which is deposited in the office of the Council, as Class 1, Class 2 or Class 3 land or as land of merit for special agricultural uses, but does not include land which the Director-General has notified the Council in writing is not prime crop and pasture land for the purposes of this plan.

real estate sign means an advertisement in respect of a place or premises to which it is affixed which contains only a notice that the place or premises is or are for sale or letting together with particulars of the sale or letting and:

(a)  in the case of an advertisement in respect of residential or rural premises relating to letting, sale by private treaty or sale by auction:

(i)  does not exceed 2.5 m² in area, and

(ii)  has returns not exceeding 180 mm, or

(b)  in the case of an advertisement in respect of commercial or industrial premises, does not exceed 4.5 m² in area,

and is not displayed for more than 14 days after letting or completion of the sale of the premises or place to which the sign relates.

recreation area means:

(a)  a children’s playground, or

(b)  an area used for sporting activities or sporting facilities, or

(c)  an area used to provide facilities for recreational activities which promote the physical, cultural or intellectual welfare of persons within the community, being facilities provided by:

(i)  a public authority, or

(ii)  a body of persons associated for the purpose of the physical, cultural or intellectual welfare of persons within the community.

relic means any deposit, object or material evidence (which may consist of human remains) relating to:

(a)  the use or settlement of the area of Narromine, not being Aboriginal habitation, which is more than 50 years old, or

(b)  Aboriginal habitation of the area of Narromine whether before or after its occupation by persons of European extraction.

renovation of a building or work means:

(a)  the making of structural changes to the inside or outside of the building or work, or

(b)  the making of non-structural changes to the fabric or appearance of the outside of the building or work, including changes that involve the repair, or the painting, plastering or other decoration, of the outside of the building or work.

temporary sign means an advertisement of a temporary nature that:

(a)  announces any local event of religious, educational, cultural, political, social or recreational character, or relates to any temporary matter in conjunction with such an event, and

(b)  does not include advertising of a commercial nature (except the name of the event’s sponsor),

and that is not displayed earlier than 28 days before the day on which the event is to take place and is removed within 14 days after the event.

the map means the set of maps marked “Narromine Local Environmental Plan 1997”, as amended by the maps, or sheets of maps, marked as follows:

tourist facility means an establishment providing short term holiday accommodation whether or not it also provides for recreation:

(a)  that may consist of a hotel, motel, bed and breakfast establishment, serviced apartments, holiday cabins, a caravan park, camping ground, or a place used for hiring houseboats and associated swimming pools, golf courses, tennis courts or marinas, and

(b)  that may include a restaurant, a souvenir shop, an art and craft gallery or an exhibition centre.

tree includes a sapling, shrub or dead standing tree.

wetland means an area of land that is periodically wet and where the vegetation and fauna living in that area are adapted to wet conditions and is shown on the map by parallel broken lines.

(2)  In this plan:

(a)  a reference to the destruction of a tree is a reference to the ringbarking, cutting down, felling, poisoning, topping, lopping, removing or otherwise destroying or injuring of a tree, and

(b)  a reference to a building or place used for a purpose includes a reference to a building or place intended to be used for the purpose, and

(c)  a reference to land within a zone specified in the Table to clause 9 is a reference to land shown on the map in the manner identified in clause 8 as the means of identifying land of the zone so specified, and

(d)  a reference to a map is a reference to a map deposited in the office of the Council.

6 Adoption of Model Provisions

The Environmental Planning and Assessment Model Provisions 1980 (except for the definitions of advertisement, arterial road, map and tourist facilities in clause 4 (1) and clauses 29, 33 and 34) are adopted for the purposes of this plan.

7 Consent authority

The Council is the consent authority for the purposes of this plan.

Part 2 Zones

8 Zones indicated on the map

For the purposes of this plan, land to which this plan applies is within a zone specified below if the land is shown on the map in the manner specified below in relation to that zone:

Zone No 1 (a) (General Rural)—edged heavy black and lettered “1 (a)”

Zone No 1 (c) (Rural Small Holding)—edged heavy black and lettered “1 (c)”

Zone No 1 (f) (Forestry)—edged heavy black and lettered “1 (f)”

Zone No 2 (v) (Village or Urban)—edged heavy black and lettered “2 (v)”

Zone No 4 (General Industrial)—edged heavy black and lettered “4”

Zone No 5 (Special Use) (Aerodrome)—edged heavy black and lettered “5”

Zone No 6 (Recreation Area)—edged heavy black and lettered “6”

9 Zone objectives and development control table

(1)  The objectives of a zone are set out in the Table to this clause under the heading “Objectives of zone” appearing in the matter relating to the zone.

(2)  Except as otherwise provided by this plan, in relation to land within a zone specified in the Table to this clause, the development (if any) that:

(a)  may be carried out without development consent, and

(b)  may be carried out only with development consent, and

(c)  is prohibited,

is specified under the headings “Without development consent”, “Only with development consent” and “Prohibited”, respectively, appearing in the matter relating to the zone.

(3)  Except as otherwise provided by this plan, the Council shall not grant consent to the carrying out of development on land to which this plan applies unless the Council is of the opinion that the carrying out of the development is consistent with the objectives of the zone within which the development is proposed to be carried out.

Zone No 1 (a) (General Rural)

1 Objectives of zone

The objective of this zone is to promote the proper management and utilisation of resources:

(a)  by protecting, enhancing and conserving:

(i)  agricultural land in a manner which sustains its efficient and effective agricultural production potential, and

(ii)  soil stability by controlling and locating development in accordance with land capability and soil suitability, and

(iii)  forests of existing and potential commercial value for timber production, and

(iv)  valuable deposits of minerals, coal, petroleum and extractive materials by controlling the location of development for other purposes in order to ensure the efficient extraction of those deposits, and

(v)  trees and other vegetation in environmentally sensitive areas where the conservation of the vegetation is significant to scenic amenity or natural wildlife habitat or is likely to control land degradation, and

(vi)  water resources for use in the public interest, and

(vii)  areas of significance for nature conservation, including areas with rare plants, wetlands and significant habitat, and

(viii)  places and buildings of archaeological or heritage significance, including the protection of Aboriginal relics and places, and

(b)  by preventing the unjustified development of prime crop and pasture land for purposes other than agriculture that disturb the landscape or agricultural activity, and

(c)  by facilitating farm adjustments and encouraging farm amalgamation, and

(d)  by minimising the cost to the community of:

(i)  fragmented and isolated development of rural land, and

(ii)  providing, extending and maintaining public amenities and services, and

(e)  by providing for development of land for non-agricultural purposes in accordance with the need for that development, and

(f)  by enabling the continuation of traditional forms of rural land use and occupation.

2 Without development consent

Development for the purpose of:

agriculture (other than intensive livestock keeping establishments); forestry (other than pine plantations).

3 Only with development consent

Any development not included in item 2 or 4.

4 Prohibited

Development for the purpose of:

motor showrooms; residential flat buildings; shops (other than general stores not exceeding 100 square metres in gross floor area).

Zone No 1 (c) (Rural Small Holdings)

1 Objectives of zone

The objective of this zone is to promote development of land identified as suitable for:

(a)  rural-residential or hobby farm development, and

(b)  the creation of small holdings of various sizes to allow an attractive rural lifestyle.

2 Without development consent

Development for the purpose of:

agriculture (other than intensive livestock keeping establishments).

3 Only with development consent

Any development not included in item 2 or 4.

4 Prohibited

Development for the purpose of:

abattoirs, boarding-houses; caravan parks; hotels; intensive livestock keeping establishments; junk yards; motels; motor showrooms; offensive and hazardous industries; residential flat buildings; shops (other than general stores not exceeding 100 square metres in gross floor area), stock and saleyards.

Zone No 1 (f) (Forestry)

1 Objectives of zone

The objectives of this zone are:

(a)  to identify land managed by the Forestry Commission under the Forestry Act 1916, and

(b)  to preserve that land within the local government area of Narromine.

2 Without development consent

Development for the purpose of:

agriculture (other than intensive livestock keeping establishments); forestry; roads; utility installations (other than gas holders or generating works).

3 Only with development consent

Development for the purpose of:

camping grounds; extractive industries; mines; picnic grounds.

4 Prohibited

Any development not included in item 2 or 3.

Zone No 2 (v) (Village or Urban)

1 Objectives of zone

The objective of this zone is to promote development in existing villages and urban areas in a manner which is compatible with their existing urban function.

2 Without development consent

Development for the purpose of:

dwelling-houses.

3 Only with development consent

Any development not included in item 2 or 4.

4 Prohibited

Development for the purpose of:

extractive industries; intensive livestock keeping establishments; mines; offensive and hazardous industries.

Zone No 4 (General Industrial)

1 Objectives of zone

The objectives of this zone are:

(a)  to encourage the establishment of industries outside areas used or zoned for residential purposes by setting aside land to be used for a broad range of industrial purposes, and

(b)  to allow commercial or retail development only where it is ancillary to, and is subordinate to, the primary industrial use of the same parcel of land, and

(c)  to encourage development which will generate employment and contribute to the economic needs of the Narromine local government area.

2 Without development consent

Nil.

3 Only with development consent

Any development not included in item 4.

4 Prohibited

Development for the purpose of:

boarding-houses; caravan parks; dwelling-houses (other than those used in conjunction with an industry); hospitals, institutions; motels; places of assembly; residential flat buildings; restaurants; roadside stalls; tourist facilities.

Zone No 5 (Special Use) (Aerodrome)

1 Objectives of zone

The objectives of this zone are:

(a)  to allow for on-going operation and maintenance of the Narromine aerodrome, and

(b)  to encourage a range of commercial, industrial, recreational and residential land uses that are compatible with the use of an aerodrome.

2 Without development consent

Development for the purpose of:

any land uses associated with the operation and maintenance of an aerodrome; agriculture (other than intensive livestock keeping establishments).

3 Only with development consent

Development for the purpose of:

land uses associated with, or ancillary to, the use (but not operation or maintenance) of an aerodrome.

4 Prohibited

Any development not included in item 2 or 3.

Zone No 6 (Recreation Area)

1 Objectives of zone

The objective of this zone is to set aside land that is used or is capable of being used for public recreation purposes.

2 Without development consent

Development for the purpose of:

works involved with the use of land for gardening, landscaping or bushfire hazard control.

3 Only with development consent

Development for the purpose of:

buildings ordinarily incidental or ancillary to the use of land for landscaping, gardening or bushfire hazard control; recreation areas; utility installations.

4 Prohibited

Any development not included in item 2 or 3.

Part 3 Special provisions

Division 1A Exempt and complying development

pt 3, div 1A (cl 9A): Ins 25.2.2000.

9A Exempt and complying development

pt 3, div 1A (cl 9A): Ins 25.2.2000.

9A What is exempt and complying development?

(1)  Development of minimal environmental impact listed as exempt development in Development Control Plan No 3 as adopted by the Council on 15 February 2000 is exempt development, despite any other provision of this plan.

(2)  Development listed as complying development in Development Control Plan No 4 as adopted by the Council on 15 February 2000 is complying development if:

(a)  it is local development of a kind that can be carried out with consent on the land on which it is proposed, and

(b)  it is not an existing use, as defined in section 106 of the Act.

(3)  Development is exempt development only if it complies with the development standards and other requirements applied to the development by Development Control Plan No 3 as adopted by the Council on 15 February 2000.

(4)  Development is complying development only if it complies with the development standards and other requirements applied to the development by Development Control Plan No 4 as adopted by the Council on 15 February 2000.

(5)  A complying development certificate issued for any complying development is to be subject to the conditions for the development specified in Development Control Plan No 4 adopted by the Council, as in force when the certificate is issued.

Division 1 Subdivision generally

10 Subdivision of land generally

(1)  A person shall not subdivide land to which this plan applies except with the consent of the Council.

(2)  The Council shall not grant its consent to subdivide land within Zone No 1 (a) or 1 (c) unless it has obtained all relevant information in relation to, and made an assessment of the following:

(a)  the primary purpose for which each allotment to be created by the subdivision is intended to be used,

(b)  whether any allotment to be created by the subdivision is intended to be used primarily for the purpose of agriculture,

(c)  whether there is already a dwelling-house on any proposed allotment and the location of any such dwelling-house.

Division 2 Development of rural land

11 General considerations for development in rural zones

(1)  The Council shall not consent to the carrying out of development on land within Zone No 1 (a) or 1 (c) unless it has made an assessment, if relevant, of the effect of the carrying out of that development on:

(a)  the present and potential use of the land for the purpose of crop and pasture land for sustained agricultural production, and

(b)  vegetation, timber production and land capability (including soil resources and soil stability) and water resources (including the quality and stability of watercourses and ground water storage and riparian rights), and

(c)  the future recovery of known or prospective areas of valuable deposits of minerals, coal, petroleum, sand, gravel or other extractive materials, and

(d)  the protection of areas of significance for nature conservation or of high scenic or recreational value and places and buildings of archaeological or heritage significance, including Aboriginal relics and places, and

(e)  the cost of providing, extending and maintaining public amenities and services to the land, and

(f)  future expansion of settlements in the locality.

(2)  In making such an assessment, the Council shall have regard not only to the land the subject of the application but also to other land in the locality.

(3)  Subclause (1) does not apply to development, being:

(a)  an addition to a building or work, or

(b)  development ancillary to a land use for which development may be carried out with the consent of the Council, or

(c)  the erection of a dwelling-house on an allotment of land created in accordance with this plan for the purpose of a dwelling-house.

12 Subdivision for purpose of agriculture in Zone No 1 (a)

(1)  Subject to subclause (2), the Council may consent to the creation of an allotment of any area if the Council is satisfied the allotment will be used for the purpose of agriculture.

(2)  The Council shall not grant consent to the creation of an allotment that the Council considers will be used for the purpose of agriculture if the allotment has an area of less than 400 hectares and there is a dwelling-house on that allotment.

13 Subdivision for purpose of dwelling-houses in Zone No 1 (a)

(1)  The Council may consent to the creation of an allotment that the Council considers will be used for the purpose of a dwelling-house from an existing holding within Zone No 1 (a), but only if that allotment:

(a)  has an area of not less than 2 hectares (but no more than 5 hectares), and

(b)  forms part of an existing holding which has an area of not less than 400 hectares, and

(c)  does not comprise prime crop and pasture land (except where no reasonable alternative exists), and

(d)  is unlikely to adversely affect the existing and potential capability of the land and adjacent land to produce food or fibre, and

(e)  has an area suitable for the on-site disposal of effluent.

(2)  The total number of allotments referred to in subclause (1) that may be created by a subdivision in accordance with this clause shall not exceed:

(a)  nil, where the existing holding has an area of less than 400 hectares, or

(b)  one only where the existing holding has an area of 400 hectares or more.

14 Subdivision for other purposes in Zone No 1 (a)

(1)  The Council shall not consent to the subdivision of land within Zone No 1 (a) if the Council is satisfied that any allotment to be created by the subdivision is to be used primarily for anything other than agriculture or a dwelling-house unless, in the opinion of the Council:

(a)  the land does not comprise prime crop and pasture land (except in cases where no reasonable alternative exists), and

(b)  the area of each allotment to be created by the subdivision is appropriate having regard to the purpose for which it is being created.

(2)  Nothing in subclause (1) prevents the Council from granting consent to the subdivision of land to create an allotment to be used for anything other than agriculture or a dwelling-house if the Council is satisfied that:

(a)  the purpose for which the allotment is to be used involves the supply of goods or services for which there is a demand in the locality, and

(b)  no other land in the locality could reasonably be used for that purpose, and

(c)  the level of demand for the goods or services which are to be supplied from the allotment and the extent to which that allotment is proposed to be used to meet that demand justifies the creation of the allotment notwithstanding its agricultural value.

15 Subdivision for purpose of dwelling-houses in Zone No 1 (c)

(1)  The Council shall not consent to the subdivision of land within Zone No 1 (c) unless each allotment intended to be created for the purpose of a dwelling-house has an area of at least:

(a)  0.4 hectares, in the case of land located within the Parish of Wentworth, Timbrebongie or Trangie, or

(b)  40 hectares, in the case of land located within the Parish of Tomingley, Momo or Biridoo.

(2)  The Council shall not grant consent to a subdivision of land to which subclause (1) applies unless it has made an assessment of the following:

(a)  the land capability (including soil resources and soil stability), agricultural land suitability, natural constraints and hazards of the land to be subdivided in relation to the density of the allotments proposed to be created,

(b)  the desirability and need of providing a range and mixture of allotment sizes,

(c)  whether the design of each allotment to be created by the subdivision is satisfactory for the economic provision of services,

(d)  the physical suitability of the land for on-site disposal of wastes,

(e)  whether the existing electricity supply is adequate to service the site.

16 Dwelling-houses on vacant land in Zone No 1 (a)

(1)  Subject to subclause (2), a person shall not erect a dwelling-house on vacant land within Zone No 1 (a) unless the land:

(a)  has an area of 400 hectares or more, or

(b)  comprises:

(i)  an existing holding, or

(ii)  an allotment created under this plan for the purpose of a land use other than agriculture, or

(iii)  an allotment created under clause 13, or

(iv)  an allotment created in accordance with a consent granted before the appointed day, being an allotment on which a dwelling-house could have been lawfully erected immediately before the appointed day.

(2)  The Council may consent to the erection of a dwelling-house on land within Zone No 1 (a) if:

(a)  the use of the dwelling-house will be ancillary to a use of the land otherwise than for the purpose of agriculture, and

(b)  the Council is satisfied that:

(i)  the land could not reasonably be so used without the erection of the dwelling-house, and

(ii)  the dwelling-house is to be located so as to minimise any adverse effect on that use of the land.

(3)  In this clause, vacant land means land devoid of dwellings.

17 Erection of rural workers’ dwelling

(1)  This clause applies to land within Zone No 1 (a).

(2)  The council shall not consent to the erection of a rural workers’ dwelling on land to which this clause applies unless:

(a)  the erection of the additional dwelling will not impair the suitability of the land for agriculture, and

(b)  the needs of existing agriculture genuinely require that rural workers reside on the land, and

(c)  any other rural workers’ dwellings on the land are being used by persons substantially engaged in agricultural employment on that land, and

(d)  the rural worker to occupy the dwelling is to be employed by the owner of the land.

(3)  A rural worker’s dwelling may, with the consent of the council, be erected on a parcel of land to which this clause applies on which a rural worker’s dwelling is already in existence if the number of such dwellings does not exceed one for each 40 hectares of land contained within the parcel.

Division 3 Urban development

18 Subdivision of land in Zone No 2 (v)

A person shall not subdivide land within Zone No 2 (v) to create an allotment that the Council considers will be used for the purpose of a dwelling-house unless the allotment has an area of 450 square metres or more.

19 Residential flat buildings

The Council may grant consent to the carrying out of development for the purpose of a residential flat building on land within Zone No 2 (v) only if it is satisfied that:

(a)  the building will not unreasonably deprive adjoining buildings of sunlight or privacy, and

(b)  the building will generally be compatible with its setting, having regard to the nature and use of adjoining buildings and to the streetscape, and

(c)  the design of the building will be compatible with the existing character of the neighbourhood, and

(d)  the development will not create a condition of over-concentration of residential flat buildings in the neighbourhood.

Division 4 Heritage provisions

20 Protection of heritage items and heritage conservation areas

(1)  The following development may be carried out only with development consent:

(a)  demolishing, defacing, damaging or moving a heritage item or a building, work, relic, tree (being of a species specified in Schedule 2) or place within a heritage conservation area,

(b)  altering a heritage item or a building, work or relic within a heritage conservation area by making structural changes to its exterior,

(c)  altering a heritage item or a building, work or relic within a heritage conservation area, by making non-structural changes to the detail, fabric, finish or appearance of its exterior, except changes resulting from any maintenance necessary for its ongoing protective care which does not adversely affect its heritage significance,

(d)  moving a relic, or excavating land for the purpose of discovering, exposing or moving a relic,

(e)  erecting a building on, or subdividing, land on which a heritage item is located or which is within a heritage conservation area,

(f)  clearing, draining or filling a wetland, or constructing a levee on a wetland, within a heritage conservation area.

(2)  The Council shall not grant consent to development referred to in subclause (1) that:

(a)  alters the flow of water into, out of or within a wetland, or

(b)  alters the quality of water entering a wetland, or

(c)  changes the level or duration of inundation.

(3)  Development consent is not required by this clause if the Council is of the opinion that the proposed development would not adversely affect the heritage significance of the heritage item or heritage conservation area.

(4)  When determining a development application required by this clause, the Council must take into consideration the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item or the heritage conservation area.

21 Notice of certain heritage development applications

Sections 84, 85, 86, 87 (1) and 90 of the Act (which provide for the giving of notice, and for the making and consideration of submissions, about proposed development) apply to the demolishing, defacing or damaging of a heritage item or a building, work, relic, tree or place within a heritage conservation area in the same way as those provisions apply to designated development.

22 Notice to the Heritage Council

Before granting development consent to the demolishing, defacing or damaging of a heritage item, the Council must notify the Heritage Council of its intention to do so and take into consideration any comments received from the Heritage Council within 28 days after the notice is sent.

23 Development in the vicinity of heritage items and heritage conservation areas

The Council must take into consideration the likely effect of the proposed development on the heritage significance of a heritage item or heritage conservation area, and on its setting, when determining an application for consent to carry out development on land in its vicinity.

24 Conservation incentives

(1)  The Council may grant consent to the use, for any purpose, of a building that is a heritage item or is within a heritage conservation area, or of the land on which the building is erected, even though the use would otherwise be prohibited by this plan, if it is satisfied that:

(a)  the proposed use would not adversely affect the heritage significance of the item or heritage conservation area, and

(b)  the conservation of the building depends on the granting of the consent.

(2)  When considering an application for consent to erect a building on land on which a heritage item is located or on land within a heritage conservation area, the Council may, for the purpose of determining:

(a)  the floor space ratio, and

(b)  the number of parking spaces to be provided on the site,

exclude the floor space of the building from its calculation of the floor space of the building erected on the land but only if it is satisfied that the conservation of the building depends on it making the exclusion.

25 Development of known or potential archaeological sites

(1)  The consent authority may grant consent to the carrying out of development on an archaeological site that has Aboriginal heritage significance (such as a site that is the location of an Aboriginal place or a relic, within the meaning of the National Parks and Wildlife Act 1974) or a potential archaeological site that is reasonably likely to have Aboriginal heritage significance only if:

(a)  it has considered an assessment of how the proposed development would affect the conservation of the site and any relic known or reasonably likely to be located at the site prepared in accordance with any guidelines for the time being notified to it by the Director-General of National Parks and Wildlife, and

(b)  it has notified the Director-General of its intention to do so and taken into consideration any comments received from the Director-General within 28 days after the notice was sent, and

(c)  it is satisfied that any necessary consent or permission under the National Parks and Wildlife Act 1974 has been granted.

(2)  The consent authority may grant consent to the carrying out of development on an archaeological site that has non-Aboriginal heritage significance or a potential archaeological site that is reasonably likely to have non-Aboriginal heritage significance only if:

(a)  it has considered an assessment of how the proposed development would affect the conservation of the site and any relic known or reasonably likely to be located at the site prepared in accordance with any guidelines for the time being notified to it by the Heritage Council, and

(b)  it has notified the Heritage Council of its intention to do so and taken into consideration any comments received from the Heritage Council within 28 days after the notice was sent, and

(c)  it is satisfied that any necessary excavation permit required by the Heritage Act 1977 has been granted.

(3)  For the purposes of this clause, a reference to a potential archaeological site includes a reference to a site known by the consent authority to be such a site, even if it is not described in Schedule 1.

Division 5 Advertising

26 Outdoor advertisements which do not require development consent

(1)  The following advertisements may be erected on any land without consent:

(a)  advertisements erected on a site which are not visible from outside that site (but not including advertisements erected on a heritage item or on a site within a heritage conservation area),

(b)  real estate signs,

(c)  temporary signs,

(d)  public notices displayed by a public authority giving information or directions about services,

(e)  signs behind the glass of a shop window,

(f)  advertisements on motor vehicles used principally for the conveyance of goods or passengers.

(2)  Business identification signs may be displayed without consent at the place or on the building at or in which the business is conducted (except where the place or building is a heritage item) as follows:

(a)  on land within Zone No 1 (a), 1 (c), 2 (v) or 5:

*  a sign notifying a home occupation or home industry and not exceeding 0.75 square metres in area,

*  a sign on a shop located not more than 4.6 metres above ground level or below the level of the bottom of any first floor window (whichever is lower) and not covering more than 50% of the shop front,

*  a sign on a shop awning, but not more than one for each shop,

*  a sign suspended under an awning on a shop or a sign projecting from a shop, not exceeding 2.5 metres in length or 0.5 metre in height and at no point less than 2.6 metres above ground level, but not more than one for each 3 metres of shopfront length,

(b)  on land within Zone No 4—a sign not exceeding 10 square metres in area, but not relating to a shop or other land use that serves the daily needs of workers in the industrial area.

27 Advertisements which are permissible with consent

(1)  Any advertisement other than those permitted without consent by clause 26 may be erected with consent on any land, except land within Zone No 1 (a) or 1 (c).

(2)  The Council may consent to the erection of business identification signs on land in Zone No 1 (a) or 5 adjacent to a main road or highway if they are within a distance of 3 km from the boundary between Zone No 2 (v) and another zone.

28 Advertisements relating to tourist facilities and places of scientific, historic or scenic interest

Notwithstanding any other provision of this plan, the Council may grant consent to the erection of an advertisement on any land for the specific purpose of directing the travelling public to tourist facilities and places of scientific, historic or scenic interest, if it satisfied that:

(a)  the advertisement relates to a specific building or place, and

(b)  the principal purpose of the advertisement is to direct the travelling public to that building or place, and

(c)  the dimensions and overall size of the advertisement are not larger than would reasonably be required to so direct the travelling public.

29 Outdoor advertising that is prohibited

A person must not erect an advertisement on land within Zone No 1 (a) or 1 (c), except as provided by clause 26, 27 (2) or 28.

Division 6 Miscellaneous

30 Development which must be advertised

The provisions of sections 84 (with the exception of subsection (1) (b)), 85, 86, 87 (1) and 90 of the Act apply to and in respect of applications for consent for the carrying out of development specified in Schedule 3 in the same way as those provisions apply to and in respect of designated development.

31 Development along arterial roads

(1)  The Council shall not consent to the carrying out of development on land which has a frontage to an arterial road unless:

(a)  access to that land is provided by a road other than the arterial road, wherever practical, and

(b)  in the opinion of the Council, the safety and efficiency of the arterial road will not be adversely affected by:

(i)  the design of the access to the proposed development, or

(ii)  the emission of smoke or dust from the proposed development, or

(iii)  the nature, volume or frequency of vehicles using the arterial road to gain access to the site of the proposed development.

(2)  The Council shall not consent to the carrying out of development specified in Schedule 4 on land within Zone No 1 (a) or 1 (c) if the site of the proposed development will have direct access to:

(a)  an arterial road, or

(b)  a road connecting to an arterial road and the access to the site is within 90 metres (measured along the road alignment of the connecting road) of the alignment of the arterial road.

32 Environmentally sensitive land

(1)  A person shall not carry out development on environmentally sensitive land for the purpose of any of the following:

(a)  intensive livestock keeping establishments,

(b)  junk yards,

(c)  liquid fuel depots,

(d)  offensive or hazardous industries,

(e)  sawmills,

(f)  stock and sales yards.

(2)  A person shall not, except with the consent of the Council, cause the destruction of any trees on environmentally sensitive land.

(3)  The Council shall not consent to an application for consent required by subclause (2) unless, in the opinion of the Council, the destruction of trees on the land will be carried out in a manner which, in respect of that land and adjacent land, minimises:

(a)  the risk of soil erosion and other land degradation, and

(b)  the loss of scenic amenity, and

(c)  the loss of important vegetation systems and natural wildlife habitats.

33 Flood liable land

(1)  A person shall not erect a building or carry out a work for any purpose on flood liable land, or on land within a floodway, except with the consent of the Council.

(2)  The Council shall not grant consent to the erection of a building or the carrying out of a work on land within a floodway if, in the opinion of the Council, the carrying out of the development is likely:

(a)  to impede the flow of flood water on that land or adjacent land, or

(b)  to imperil the safety of persons on that land or adjacent land in the event of those lands being inundated with flood waters, or

(c)  to aggravate the consequences of flood water flowing on that land or adjacent land with regard to erosion, siltation and the destruction of vegetation, or

(d)  to have an adverse effect on the water table of that land or adjacent land.

34 Land subject to bushfire hazards

The Council shall not grant consent to the subdivision of, or to the erection of a building on, land which is subject to bushfire hazards (by reason of the vegetation on the land or on any adjacent land) unless, in the opinion of the Council:

(a)  adequate provision is made for access for fire fighting vehicles, and

(b)  adequate safeguards are adopted in the form of fire breaks and reserves, and

(c)  adequate water supplies are available for fire fighting purposes.

35 Access

A person shall not construct a road which has access to an existing public road except with the consent of the Council.

36 Roads, drainage and parking

Nothing in Part 2 prevents the Council or any other public authority from carrying out development on land to which this plan applies for the purpose of roads, stormwater drainage, landscaping, gardening, bushfire hazard reduction or parking.

37 Development within Zone No 6

(1)  The Council shall not consent to the carrying out of development on land within Zone No 6 unless consideration has been given to the following:

(a)  the need for the proposed development on that land,

(b)  the impact of the proposed development on the existing or likely future use of the land,

(c)  the need to retain the land for its existing or likely future use.

(2)  The Council shall not grant consent to any use or other development of land owned or controlled by the Council unless the land is classified as operational under the Local Government Act 1993.

38 Development near aerodrome

(1)  The Council shall not grant consent to an application to carry out development on land in or around an aerodrome unless it has made an assessment of:

(a)  the effect of aircraft noise on the development, and

(b)  the effect of the development on aerodrome height limitations and runway surface conditions, and

(c)  the effect of the lighting associated with the development on local night time operations, and

(d)  any bird hazard likely to be generated by the development in respect of the aerodrome.

(2)  A person shall not, except with the consent of the Council, on land shown cross-hatched on the Obstacle Limitation Map held at the offices of the Narromine Council:

(a)  erect a structure of a height that exceeds the Obstacle Limitation Surface as specified on the above map, or

(b)  carry out development for the purpose of:

(i)  a dam or reservoir, or

(ii)  the handling or storage of grain, or

(iii)  the disposal of refuse, or

(iv)  a sewerage treatment plant or effluent ponds, or

(v)  an abattoir, or

(vi)  a stock yard complex, or

(vii)  the provision or enhancement of a habitat likely to attract birds which may be a hazard to aircraft, or

(viii)  any other development which, as a result of the creation or disposal of waste foodstuffs, could in the opinion of the Council constitute an attraction to birds.

(3)  The Council shall refer to Airservices Australia any application for consent to carry out development referred to in subclause (2) where a building exceeds the height of the Obstacle Limitation Surface.

(4)  In considering whether to grant consent to development referred to in subclause (3), the Council shall take into consideration any comments furnished by Airservices Australia to the Council within 28 days after referral of the application to Airservices Australia.

Schedule 1 Heritage items

(Clause 5 (1))

1 Burroway Street, Museum (formerly courthouse)

2 Burroway Street, Narromine Railway Station

3 Burroway Street Group including: * Courthouse Hotel * Hotel Narromine * Imperial Hotel * 15 Burroway Street, Butcher’s shop interior and facade * 17–21 Burroway Street, shops

4 Dandaloo and Nymagee Street, C.B.C. Bank

5 Nymagee Street (behind A.N.Z. Bank), house and bakery

6 Nymagee Street, House, timber framed and weatherboard with double hipped gable roof

7 Buddah Station

8 Buddah Woolshed

9 Stockyard Block (formerly part of “Burroway”, now part of “Wilga Park”, Narromine) which contains 3 Carved Trees in a clump, located north of Narromine and defined as the area within a circle of 250 metres radius, centred on Australian Map Grid Point: 8533—Narromine—200544.

10 Eurombedah Homestead, Eurombedah Road, Narromine

11 Mungeribar Homestead and woolshed, Mitchell Highway via Narromine.

Schedule 2 Species of trees

(Clause 20 (1) (a))

River Red Gum (“Eucalyptus Camaldulemsis”)

Schedule 3 Development which must be advertised

(Clause 30)

1 Development for the purpose of industries on land within Zone No 2 (v) and industries (other than rural industries) on land within Zone No 1 (a) or 1 (c).

2 Development for the purpose of any one or more of the following: boarding-houses hotels motels intensive livestock keeping establishments junk yards liquid fuel depots residential flat buildings sawmills stock and sales yards.

Schedule 4 Development which is restricted along arterial roads

(Clause 31 (2))

Development for the purpose of any one or more of the following:

bulk stores

caravan parks

car repair stations

clubs

commercial premises

educational establishments

hospitals

hotels

industries (other than home or rural industries)

institutions

junk yards

liquid fuel depots

motels

places of public assembly

places of public worship

recreation establishments

recreation facilities

refreshment rooms

retail plant nurseries

roadside stalls

sawmills

service stations

stock and sales yards

transport terminals

warehouses