Dubbo Local Environmental Plan 1998—Urban Areas (2000 EPI 112)

Part 1 Introduction

1 Name of plan

This plan is Dubbo Local Environmental Plan 1998—Urban Areas.

2 Land to which this plan applies

This plan applies to all land within the local government area of the City of Dubbo shown on the Zoning Map.

3 Aims and objectives

(1)  The aim of this plan is to implement the conclusions of the environmental study prepared for the urban areas of Dubbo known as the Urban Development Strategy, dated December 1996 and adopted by the Council on 16 December 1996, and the 1994–1997 Dubbo State of the Environment Reports. The Strategy is based on the principles contained in the Dubbo 21 Plan (dated 1995) which provides an economic blueprint to guide the growth of the City into the 21st century.

(2)  The objectives of this plan are derived from the Urban Development Strategy (dated December 1996) and the 1994–1997 Dubbo State of the Environment Reports, and are as follows:

Development Opportunity Objectives

Urban development
To facilitate the Dubbo 21 Plan vision for the City by ensuring the availability of suitable residential, commercial, industrial, institutional and recreational land within a well integrated expanded urban land use framework.

Residential
To satisfy the residential land supply needs of the growing Dubbo population so as to provide a range of lifestyle choices competitive with other cities.
To achieve a City structure which centralises the central business district (CBD) by shifting the future residential locational emphasis to West Dubbo over time.
To identify and protect the established residential neighbourhoods and ensure a sufficient supply of suitable land to meet the future residential development needs of the City.

Commercial
To ensure the CBD remains the primary commercial centre for Dubbo and the Region.
To maintain and enhance a healthy, diverse and adaptable commercial sector in Dubbo, able to effectively service the commercial needs of the City and the Region.
To protect and enhance the existing network of retailing centres, the distinctive functions of each level in the hierarchy and the particular role of each centre.

Tourism
To encourage an expanded tourism industry in Dubbo.

Industrial
To ensure availability and a range of suitable industrial land with appropriate infrastructure for the implementation of the Dubbo 21 Plan (Industrial Development Strategies).

Mining
To allow mines and extractive industries and to prevent the sterilisation of resources.

Institutions
To provide the most favourable environment for the establishment and operation of medical, educational, cultural and research institutions appropriate to the City and the Region.

Recreation
To provide high quality open space for recreation to meet the widest practicable range of active and passive recreational needs and expectations of the local and regional community.

Cultural heritage
To identify and protect the cultural and architectural heritage of the City and assist in its promotion as a tourism asset.

Rural buffer
To protect agricultural enterprises in the adjoining rural area from encroachment and restraint on their operations due to conflict with urban amenity expectations.

Environmental Management Objectives

Urban development
To ensure that all forms of new urban development conform to the principles of ecologically sustainable development and do not exceed the land’s servicing capacity.

Erosion
To prevent the spread of erosion and remedy existing areas of erosion.

Salinity
To reduce the spread of urban salinity.

Contamination of land
To minimise potential contamination of land and to control existing contamination of land.

Waterways
To ensure safe, sustainable and multifunctional riverine environments.

Aquifers
To protect and improve water levels and water quality in aquifers.

Stormwater quality
To ensure urban stormwater is appropriately managed and water quality of river systems is not diminished.

Wildlife habitats
To protect existing wildlife habitats and achieve a network of habitats and corridors able to support the flora and fauna native to the area of the City of Dubbo.

Bushfire
To control development so as to minimise the effect of bushfire.

Noise and air pollution
To ensure noise and air pollution are maintained within acceptable environmental limits.

Wetlands
To allow for water distribution to and from flood-dependent environments.

Flooding
To manage the flood plain so as to minimise the disruption and hazard of flooding to people and the environment.

4 Relationship to other environmental planning instruments

(1)  This plan repeals Dubbo Local Environmental Plan 1991—Urban Lands, Dubbo Local Environmental Plan 1990—Central District and the Dubbo and Talbragar Planning Scheme Ordinance.

(2)  Orana Regional Environmental Plan No 1—Siding Spring prevails to the extent of any inconsistency between that plan and this plan.

5 Definitions

(1)  Words used in this plan that are defined in the dictionary in Schedule 1 have the meanings set out in the dictionary.

(2)  In this plan, a reference to a map is to a map held in the office of the Council.

(3)  The list of contents and any explanatory notes in this plan are not part of this plan.

6 Consent authority

The Council is the consent authority for the purposes of this plan, subject to the Act.

Part 2 Provisions applicable to all zones

7 Environmental management

All applications for consent for development must be assessed with regard to the Principles of Ecologically Sustainable Development in terms of land, air and water resources, biodiversity, and waste and noise matters.

In assessing proposals for any development of land, specific regard must be given to each of the environmental management objectives of this plan.

In giving regard to each objective, the consent authority must consider the best information available to the consent authority at the time, which may include any relevant management plans or policies adopted by the Council, as well as the following specific considerations:

(1)  in relation to soil erosion—whether the proposal involves clearing the land or other disturbance to the land, and the likelihood of soil erosion or other instability given any measures taken by the developer to ameliorate that potential impact,

(2)  in relation to salinity—whether there is potential for the development to cause or exacerbate any outbreaks of salinity,

(3)  in relation to contamination—whether there is potential for the land to be contaminated, given the known history of the use of the land or its location in the vicinity of land which may be contaminated and the potential for the proposed use to cause contamination,

(4)  in relation to waterways—whether there is potential for degradation of water quality or quantity or destabilisation of waterways,

(5)  in relation to aquifers—whether the land is vulnerable to groundwater contamination as identified on the map labelled “Dubbo Groundwater Vulnerability Map” dated February 1996 and held in the offices of the Council and the potential of the development to affect water levels or quality in the aquifer and, in the case of potentially contaminating activities on land identified by the Council as being of high vulnerability, the comments of the Director-General of the Department of Land and Water Conservation and the Director-General of the Environment Protection Authority,

(6)  in relation to stormwater quality—whether there is potential for degradation of the quality of stormwater discharges, given any stormwater quality control measures proposed by the developer,

(7)  in relation to wildlife habitats—whether there is a conservation plan and, if so, its contents, and the likely effect of the development on threatened species, populations or habitats or areas identified by the Council as potential habitat,

(8)  in relation to wetlands—whether there is potential for the development to alter the quality or quantity of water flowing into, within or out of a wetland or the level, frequency or duration of wetland inundation,

(9)  in relation to bushfire—whether there is potential bushfire hazard by reason of the vegetation on the land or on any adjacent land and the nature of the development,

(10)  in relation to waste—the content of the Council’s Liquid Trade Waste Policy (as amended from time to time) and proposals to dispose of solid waste,

(11)  in relation to noise pollution—whether there is potential for the development to degrade the environment in terms of noise generation,

(12)  in relation to air pollution—whether there is potential for the development to degrade the air quality of the environment.

8 Flood prone land

(1)  A person must not carry out development for which consent is required on land that is below the Flood Planning Level, unless the consent authority is satisfied that the carrying out of the development is unlikely to significantly:

(a)  impede the flow of floodwater, or

(b)  imperil the safety of persons on land inundated by floodwaters, or

(c)  exacerbate the adverse consequences of floodwaters flowing on the land with regard to erosion, siltation and the destruction of vegetation, or

(d)  have an adverse effect on riverbank stability, or

(e)  increase the level or flow of floodwaters over the land or over adjacent land, or

(f)  increase dependency on emergency services.

(2)  The consent authority must not consent to the development of land below the Flood Planning Level unless it has taken into consideration the characteristics of floodwaters as provided by the Council’s Floodplain Management Plan, and the requirements of that Floodplain Management Plan.

(3)  The consent authority may grant consent for facilities which, in the opinion of the consent authority, are considered to be essential in times of major flooding only in locations where it can be shown that they will be fully operational during a Probable Maximum Flood.

9 Development along Transport Corridors

(1)  This clause applies to land adjacent to, or within 200 metres of, land described as a Transport Corridor, being land that is:

(a)  within Zone 1 (b) or Zone 2 (c) as shown on Sheet 1, or

(b)  identified on Sheet 2,

of the Zoning Map.

(2)  The consent authority must not grant consent to development of land to which this clause applies unless it is satisfied that:

(a)  the access to the land concerned is from another road (that is not a Transport Corridor), and that access is at least 90 metres from the centre line of the road that is a Transport Corridor, and

(b)  the development will not prejudice future improvements to, or realignment of, any relevant classified road, as may be indicated to the Council from time to time by the Roads and Traffic Authority, and

(c)  the development, by its nature or intensity or the volume and type of traffic likely to be generated by it, is not likely to constitute a traffic hazard or to materially reduce the capacity, safety and efficiency of any relevant classified road to carry traffic, and

(d)  the location, standard and design of access points, and on-site arrangements for vehicle movement and parking, ensure that through traffic movements on any relevant classified road will not be impeded, and

(e)  the visual impact of the proposed development is minimal, given any measures proposed to ameliorate the impact.

(3)  The consent authority must not consent to the erection of a residential building within 200 metres of a Transport Corridor, or a non-residential structure within 100 metres of a Transport Corridor, on land within Zone 1 (b), 2 (d) or 2 (e).

(4)  Despite subclause (3), the consent authority may consent to development referred to in that subclause where it can be clearly demonstrated that this will not result in a detrimental impact on any of the following:

(a)  the efficiency of the Transport Corridor,

(b)  the visual quality of the locality,

(c)  the attainment of any of the objectives of the zone,

(d)  the use for which the building or other structure is intended,

and the design and location of the building or other structure meet any relevant Environment Protection Authority noise requirements.

10 Development near Dubbo Airport

(1)  The consent authority must not grant consent for the carrying out of development on land shown as subject to obstacle limitations on the map entitled “Dubbo Airport—Obstacle Limitation Surfaces” dated 26 August 1997, 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 carrying out the development on local night-time flying operations, and

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

(2)  A person must not, on land shown as described in subclause (1):

(a)  erect a structure to a height that exceeds the Obstacle Limitation Surface as available from the Council, 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 sewage 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 land use which as a result of the creation or disposal of waste foodstuffs could, in the opinion of the consent authority, constitute an attraction to birds,

except with the consent of the consent authority.

(3)  The consent authority must refer to the Civil Aviation Safety Authority any application for consent to carry out development referred to in subclause (2) where a structure is proposed the height of which would exceed the height of the Obstacle Limitation Surface.

(4)  In considering whether to grant consent to development referred to in subclause (3), the consent authority must take into consideration any comments furnished by the Civil Aviation Safety Authority to the consent authority within 30 days after referral of the application to the Authority.

(5)  The consent authority must advise the Civil Aviation Safety Authority of any structure that it is aware is proposed to be erected on land to which this plan applies that has a height of 110 metres or greater above the natural ground level.

(6)  Consent is required for the erection of residential buildings, hotels, motels, offices, public buildings, and buildings to be used for commercial or industrial purposes, or for any like use, on land which has an ANEF reading of 20 dB (A) or more as shown on the ANEF map available from the Council.

(7)  The consent authority must not grant consent to any development referred to in subclause (6) if it is of the opinion that the development does not meet Australian Standard AS 2021–1994(Acoustics—Aircraft noise intrusion—Building siting and construction) published by Standards Australia in 1994 regarding interior noise levels.

11 Character conservation area

(1)  In this clause, character conservation area refers to land shown “character conservation area” on the Zoning Map. The purpose of a character conservation area is to protect and enhance any residential area of the local government area of Dubbo that possesses distinctive architectural or streetscape value.

(2)  The following development may be carried out within a character conservation area only with the consent of the consent authority:

(a)  demolishing, defacing, damaging or moving a building, work, or tree or group of trees listed in the Council’s Tree Preservation Order,

(b)  altering a building or work by making structural changes to its exterior,

(c)  altering a building or work 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 streetscape significance,

(d)  erecting a building.

(3)  The consent authority must not grant consent to development referred to in subclause (2) unless it has taken into consideration the extent to which the carrying out of the proposed development would adversely affect the elements of any building concerned which are consistent with those elements that define the built character of the area, the building and the streetscape.

cl 11: Am 13.10.2000.

12 Exhibition homes

Nothing in this plan prevents the consent authority from granting consent for the development of land in any residential zone for the purpose of an exhibition home for a period of up to, but no more than, 12 months if the land does not front a Transport Corridor.

13 Subdivision generally

(1) Development consent required Land to which this plan applies must not be subdivided except with the consent of the consent authority.

(2) Minor subdivisions Nothing in this plan prevents the consent authority from granting consent to a subdivision for the purpose of any of the following:

(a)  widening or opening a public road,

(b)  rectifying an encroachment on an allotment,

(c)  creating a public reserve,

(d)  consolidating allotments,

(e)  excising from an allotment land which is, or is intended to be, used for public purposes, including drainage purposes, bushfire brigade or other emergency service purposes, or a public convenience,

(f)  making an adjustment to a boundary between allotments,

but only if the subdivision does not result in the creation of an additional dwelling house entitlement or the loss of an existing dwelling entitlement.

(3) Subdivision for an approved purpose Nothing in this plan prevents the consent authority from granting consent to a subdivision for a purpose permitted in the zone, but only where development for that purpose has been consented to by the consent authority and where the subdivision satisfies the other applicable provisions of the plan.

14 Savings provisions applicable to activities of government instrumentalities

Nothing in this plan restricts or prohibits, or enables the consent authority to restrict or prohibit, any activity described in Schedule 2.

15 Temporary use of land

Despite any other provision of this plan, the consent authority may grant consent to the carrying out of development on land for any purpose (not being designated development) for a maximum period of 28 days, whether consecutive or non-consecutive, in any one year.

16 Additional uses of land

(1)  Nothing in this plan prevents a person, with the consent of the consent authority, from carrying out development on land referred to in Schedule 3 specified in relation to that land in that Schedule, subject to such conditions, if any, as are so specified.

(2)  Subclause (1) does not affect the application, to or in respect of development to which this clause applies, of such of the provisions of this plan as are consistent with that subclause or with a consent granted by the consent authority in respect of the development.

17 Covenants, agreements etc

(1)  If any agreement, covenant or similar instrument prohibits a use of land allowed by this plan, then that agreement, covenant or similar agreement does not apply to that use to the extent necessary to allow that use.

(2)  Nothing in subclause (1) affects the rights or interests under any registered instrument in favour of the Council or any other public authority.

(3)  In accordance with section 28 of the Act, the Governor approved of subclauses (1) and (2) before this plan was made.

17A Classification or reclassification of public land as operational land

(1)  The public land described in Schedule 8 is classified, or reclassified, as operational land for the purposes of the Local Government Act 1993.

(2)  In accordance with section 30 of the Local Government Act 1993, a parcel of land described in Schedule 8, to the extent (if any) that it is a public reserve, ceases to be a public reserve on the commencement of the relevant amending plan and, by the operation of that plan, is discharged from any trusts, estates, interests, dedications, conditions, restrictions or covenants affecting the land or any part of the land, except for:

(a)  any reservations that except land out of a Crown grant relating to the land, and

(b)  reservations of minerals (within the meaning of the Crown Lands Act 1989).

(3)  Before the relevant amending plan that inserted the description of a parcel of land into Schedule 8 was made, the Governor approved of subclauses (2) and (4) applying to the land.

(4)  In this clause, the relevant amending plan, in relation to a parcel of land described in Schedule 8, is the local environmental plan cited at the end of the description of the parcel.

cl 17A: Ins 13.10.2000.

18 Advertisements

(1)  Except as provided by subclause (2), a person must not erect an advertisement on land to which this plan applies.

(2)  A person may, but only with the consent of the consent authority, erect an advertisement, if the advertisement:

(a)  relates to the purpose for which the land is used, or

(b)  directs the travelling public to places of scientific, historical or scenic interest.

(3)  Despite the other provisions of this plan, the consent of the consent authority is not required for the erection of:

(a)  a shop window display, or

(b)  a commercial sign (except for commercial signs in the character conservation area or commercial signs on or in the vicinity of heritage items),

on land to which the display or sign relates.

19 Community use of schools

Despite the other provisions of this plan, the consent authority may grant development consent to the community use of the facilities and sites of schools, colleges and other educational establishments and to the commercial operation of those facilities and sites.

19A What is exempt development?

(1)  Development of minimal environmental impact listed in column 1 of Schedule 1 to DCP G4.1—Exempt and Complying Development as adopted by the Council on 28 June 1999 is exempt development, subject to subclauses (2) and (3).

(2)  Development is exempt development only if it complies with the development standards and other requirements set out opposite the development concerned in column 2 of Schedule 1 to DCP G4.1—Exempt and Complying Development as adopted by the Council on 28 June 1999.

(3)  Development is not exempt development if it is carried out on land that is within Zone 1 (b), 1 (e), 6 (a), 6 (b) or 6 (c) or a character conservation area shown on the zoning map, or is the site of an Aboriginal relic recorded at the office of the Council.

cll 19A: Ins 31.3.2000.

19B What is complying development?

(1)  Development listed in column 1 of Schedule 2 to DCP G4.1—Exempt and Complying Development as adopted by the Council on 28 June 1999 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,

subject to subclauses (2) and (3).

(2)  Development is complying development only if it complies with the development standards and other requirements set out opposite the development concerned in column 2 of Schedule 2 to DCP G4.1—Exempt and Complying Development as adopted by the Council on 28 June 1999.

(3)  Development is not complying development if it is carried out on land that is within Zone 1 (b), 1 (e), 6 (a), 6 (b) or 6 (c) or a character conservation area shown on the zoning map, or is the site of an Aboriginal relic recorded at the office of the Council.

(4)  A complying development certificate issued for any complying development is to be subject to the conditions for the development specified in DCP G4.1—Exempt and Complying Development adopted by the Council, as in force when the certificate is issued.

cll 19B: Ins 31.3.2000.

Part 3 Zoning controls

Division 1 General effect of zoning

20 General zoning controls

(1)  Land is within one of the following zones as identified on the Zoning Map:

1 (b) Urban/Rural Buffer Zone

1 (e) Urban Expansion Zone

2 (a) Residential Suburban Zone

2 (b) Residential Medium Density Zone

2 (c) Residential Fringe Zone

2 (d) Residential Cluster Zone

2 (e) Residential Country Zone

3 (a) Regional Business Zone

3 (b) Sub-regional Business Zone

3 (c) Neighbourhood Business Zone

3 (d) Tourism and Leisure Zone

3 (e) Special Business Zone

4 (a) Light Industrial Zone

4 (b) General Industrial Zone

4 (c) Special Industrial Zone

5 (a) Institutional Zone

5 (b) Utilities Zone

6 (a) Public Open Space Zone

6 (b) Private Open Space Zone

6 (c) Commercial Recreation Zone

(2)  The other Divisions of this Part set out the objectives of zones and specify the development that may be carried out without development consent or only with development consent or that is prohibited within each zone. Other controls for land within the same zone are also specified.

These other Divisions also specify development which may be carried out with development consent but which must be advertised. The consent authority must give public notice of proposed development required to be advertised under this subclause by means of a notice published in a newspaper circulating generally in the Dubbo area (and, additionally, if the consent authority so wishes, by any other appropriate means). The notice must state that any person may make a written submission to the consent authority in relation to the proposed development during the period specified in the notice (which must be a period of at least 14 days after the publication date). The consent authority must have regard to any submissions received within the specified period when determining the relevant development application.

(3)  The consent authority must not grant consent for development of land within a zone unless it is satisfied that the development is consistent with the aims and objectives of this plan and the objectives of the zone.

Division 2 Rural zones

21 Rural zonings

(1)  The following rural zones apply as identified on the Zoning Map:

1 (b) Urban/Rural Buffer Zone

1 (e) Urban Expansion Zone

(2)  The following clauses give a description of land in each rural zone, the objectives of the zone and what development is prohibited or may be carried out without or only with the consent of the consent authority.

22 Zone 1 (b) Urban/Rural Buffer Zone—general development controls

(1) Description of land within the zone Land within the Urban/Rural Buffer Zone is located on the outskirts of the urban area and has the role of providing a buffer between urban uses (sensitive to amenity issues) and large-scale commercial agriculture (which characterises the surrounding land that is subject to Dubbo Local Environmental Plan 1997—Rural Areas).

(2) Objectives of the zone The objectives of Zone 1 (b) are as follows:

(a)  to protect agricultural enterprises carried out on land beyond the land to which this plan applies from further fragmentation and from restraint on their operations which could result from conflict with urban amenity expectations,

(b)  to provide for small-scale rural activities or other compatible land uses consistent with managing land as a “buffer” separating sensitive urban land uses from the surrounding rural area or from industrial or utility uses,

(c)  to discourage the expectation of an urban standard of amenities or level of services in the urban/rural buffer,

(d)  to promote recognition that agricultural production, undertaken in a manner consistent with sustainable resource management principles and accepted agricultural practice, will not be restrained in response to non-agricultural activities being undertaken within the urban/rural buffer,

(e)  to ensure environmentally sensitive land is managed in an appropriate manner.

(3) Development without development consent Development for the purpose of the following may be carried out on land within Zone 1 (b) without development consent:

agriculture; environmental conservation.

(4) Development only with development consent Development that is not included in subclause (3), (5) or (6) may be carried out on land within Zone 1 (b) only with development consent.

(5) Publicised development only with development consent Development for the purpose of the following may be carried out on land within Zone 1 (b) only with development consent and only after advertising in accordance with clause 20 (2):

aerodromes; animal cemeteries; animal establishments; bulk fuel stores; cabins or caravan sites; camp sites; community centres; correctional centres; cultural centres; extractive industries; home based child care establishments; home industries; intensive agriculture; kennels; materials recycling depots; mining; road transport terminals; rural industries; transfer stations; transport depots; turf farming.

(6) Prohibited development Development for the purpose of the following is prohibited on land within Zone 1 (b):

abattoirs; advertisements; biosolid waste disposal; boarding houses; brothels; bulky goods sales rooms or showrooms; business premises; car parks; cemeteries; child care centres; clubs; convenience service stations; corner stores; cotton farming; dual occupancies; educational establishments; entertainment facilities; exhibition homes; fast food outlets; funeral establishments, hazardous industries; helipads; hospitals; hotels; industries; intensive livestock keeping establishments; light industries; major retail attractors; medical consulting rooms; medium density housing; motels; offensive industries; office premises; on-site waste disposal (except where ancillary to another lawful use of the land); passenger transport terminals; places of assembly; places of worship; public buildings; restaurant rooms; restricted premises; sawmills; semi-detached housing; service stations; shops; stock and sale yards; taverns; tourist accommodation; vehicle body repair workshops; vehicle repair stations; warehouses or distribution centres; waste disposal facilities.

cll 22: Am 13.10.2000.

23 Subdivision of land within Zone 1 (b)

With the exception of subdivision as provided for in clause 13 (2), subdivision of land within Zone 1 (b) is prohibited.

24 Dwelling houses on land within Zone 1 (b)

The consent authority may consent to the erection of a dwelling house on land within Zone 1 (b) only if:

(a)  there is no existing dwelling on the land and the consent authority is satisfied that effluent can be disposed of on-site, having regard to sustainable resource management principles, and

(b)  the land comprises a lot that the consent authority is satisfied was created for the purpose of a dwelling house by a subdivision for which consent was granted before the appointed day, being an allotment on which a dwelling house could have been lawfully erected immediately before the appointed day, or

(c)  the land comprises a lot that has an area of at least 8 hectares and does not abut the boundary with, or a road reserve abutting, land subject to Dubbo Local Environmental Plan 1997—Rural Areas or a Transport Corridor, or

(d)  where the land abuts that boundary or a Transport Corridor, the land comprises a lot that has an area of at least 20 hectares and the proposed dwelling will be sited at least 200 metres from that boundary or Transport Corridor.

25 Interim additional dwelling on land within Zone 1 (b)

The consent authority may consent to the erection of one, but only one, interim additional dwelling on land within Zone 1 (b) that is a dwelling house to be occupied by an employee involved in rural activities on the land or a member of the landowner’s family, or where use of the dwelling is ancillary to a use of the land for which consent has been granted, if:

(a)  the land on which the dwelling will be erected will not be capable of being excised by way of transfer of a new or existing title, and

(b)  the dwellings share a common access to a public road, and

(c)  the consent authority is satisfied that the dwelling is for an interim period only and is transportable, and

(d)  the consent authority is satisfied that the interim additional dwelling will be inhabited by either a relative of the owner or an employee involved in a rural activity on the land for which consent has been granted (and who is required to be on-site) or use of the dwelling will be ancillary to and necessary to sustain another productive land use for which consent has been granted.

26 Zone 1 (e) Urban Expansion Zone—general development controls

(1) Description of land within the zone Land within the Urban Expansion Zone is located on the edge of the established urban area that has been specifically identified for future residential, industrial or recreational use, or for infrastructure development.

(2) Objectives of the zone The objectives of Zone 1 (e) are as follows:

(a)  to identify land of strategic value for future urban development for residential, industrial, recreational or urban infrastructure purposes as designated on the Zoning Map so that development of this land can proceed at a time and in a manner consistent with the use identified in the Urban Development Strategy (dated December 1996),

(b)  to enable development of land for agriculture and for land uses ordinarily incidental to the use of land for agriculture until the land is needed for urban purposes,

(c)  to limit development of land to uses that will:

(i)  not interfere with the agricultural use of adjacent and surrounding land, and

(ii)  be compatible with the future urban development of the land as identified in the Urban Development Strategy (dated December 1996) and nearby urban uses (including quarries and extractive industries), and

(iii)  retain the rural character of the locality, and

(iv)  not create unreasonable, premature or uneconomic demands for the provision or extension of public amenities and services,

(d)  to provide a zoning for land prior to its release for urban purposes, which would then be subject to rezoning which should not take place unless:

(i)  it is consistent with an adopted urban strategy and structure plan for the precinct in which the land is located, and

(ii)  appropriate land capability investigations have been carried out, and

(iii)  sufficient demand exists for the release of the land for urban purposes, and

(iv)  appropriate urban infrastructure and facilities are available to the land, or can be provided to the land by its developer.

(3) Development without development consent Development for the purpose of the following may be carried out on land within Zone 1 (e) without development consent:

agriculture; environmental conservation.

(4) Development only with development consent Development that is not included in subclause (3), (5) or (6) may be carried out on land within Zone 1 (e) only with development consent and only where the development is consistent with the future use identified for the land on the Zoning Map.

(5) Publicised development only with development consent Development for the purpose of the following may be carried out on land within Zone 1 (e) only with development consent and only after advertising in accordance with clause 20 (2):

aerodromes; animal establishments; bed and breakfast accommodation; bulk fuel stores; cultural centres; educational establishments; farmstay establishments; hazardous industries; home industries; industries; intensive agriculture; materials recycling depots; offensive industries; road transport terminals; transfer stations; transport depots.

(6) Prohibited development Development for the purpose of the following is prohibited on land within Zone 1 (e):

abattoirs; advertisements; animal cemeteries; aquaculture; biosolid waste disposal; boarding houses; brothels; bulky goods sales rooms or showrooms; business premises; cabins or caravan sites; camp sites; car parks; cemeteries; child care centres; clubs; community centres; convenience service stations; corner stores; correctional centres; cotton farming; depots; dual occupancies; entertainment facilities; exhibition homes; extractive industries; fast food outlets; funeral establishments, guesthouses or hostels; helipads; hospitals; hotels; intensive livestock keeping establishments; kennels; light industries; major retail attractors; medical consulting rooms; medium density housing; mining; motels; office premises; on-site waste disposal (except where ancillary to another lawful use of the land); passenger transport terminals; places of assembly; places of worship; public buildings; restaurant rooms; restricted premises; rural industries; rural workers’ dwellings; sawmills; semi-detached housing; service stations; shops; stock and sale yards; taverns; tourist accommodation; tourist facilities; turf farming; vehicle body repair workshops; vehicle repair stations; veterinary hospitals; warehouses or distribution centres; waste disposal facilities.

cll 26: Am 13.10.2000.

27 Subdivision of land within Zone 1 (e)

(1)  With the exception of subdivision as provided for in clause 13 (2), subdivision of land within Zone 1 (e) is prohibited.

(2)  Despite subclause (1), the consent authority may grant consent to the excision of an allotment on which an existing dwelling is situated, but only where such a subdivision is in accordance with the proposed lot layout as set out in a development strategy for the land approved by the consent authority.

28 Dwelling houses on land within Zone 1 (e)

The consent authority may consent to the erection of a dwelling house on land within Zone 1 (e) only if:

(a)  the land:

(i)  comprises a lot that the consent authority is satisfied was created for the purpose of a dwelling house by a subdivision for which consent was granted before the appointed day, being an allotment on which a dwelling house could have been lawfully erected immediately before the appointed day, or

(ii)  is identified as 1 (e) Future Residential on the Zoning Map and the land comprises an allotment which has an area of not less than 8 hectares, and

(b)  there is no existing dwelling on the land and the consent authority is satisfied that effluent can be disposed of on-site, having regard to Sustainable Resource Management principles, and

(c)  the erection of a dwelling on the land is consistent with, and will not obstruct the use of the land for, the purpose identified in the Urban Development Strategy (dated December 1996).

29 Interim additional dwelling on land within Zone 1 (e)

The consent authority may consent to the erection of one, but only one, interim additional dwelling on land within Zone 1 (e) that is a dwelling house to be occupied by an employee involved in rural activities on the land or a member of the landowner’s family or, where use of the dwelling is ancillary to a use of the land for which consent has been granted, if:

(a)  the land on which the dwelling will be erected will not be capable of being excised by way of transfer of a new or existing title, and

(b)  the dwellings share a common access to a public road, and

(c)  the consent authority is satisfied that the dwelling is for an interim period only and is transportable, and

(d)  the consent authority is satisfied that the interim additional dwelling will be inhabited by either a relative of the owner or an employee involved in a rural activity on the land for which consent has been granted (and who is required to be on-site) or use of the dwelling will be ancillary to and necessary to sustain another productive land use for which consent has been granted.

Division 3 Residential zones

30 Residential zonings

(1)  The following residential zones apply as identified on the Zoning Map:

2 (a) Residential Suburban Zone

2 (b) Residential Medium Density Zone

2 (c) Residential Fringe Zone

2 (d) Residential Cluster Zone

2 (e) Residential Country Zone

(2)  The following clauses give a description of land in each residential zone, the objectives of the zone and what development is prohibited or may be carried out without or only with the consent of the consent authority.

31 Zone 2 (a) Residential Suburban Zone—general development controls

(1) Description of land within the zone Land within the Residential Suburban Zone is characterised by detached housing at traditional densities in excess of one dwelling per 600 square metres in the suburban area of Dubbo and 2,000 square metres in the village of Brocklehurst.

(2) Objectives of the zone The objectives of Zone 2 (a) are as follows:

(a)  to provide fully serviced land for single dwelling houses having a suburban density,

(b)  to encourage innovative and environmentally sustainable design,

(c)  to encourage and facilitate the development of functional residential neighbourhoods in an environmentally sustainable manner,

(d)  to protect and enhance the visual and environmental amenity of land within the zone,

(e)  to ensure non-residential development is of a type, scale and character which will maintain an acceptable level of residential amenity,

(f)  to protect the existing urban density and unique village character of the village of Brocklehurst.

(3) Development without development consent Development for the purpose of the following may be carried out on land within Zone 2 (a) without development consent:

environmental conservation.

(4) Development only with development consent Development for the purpose of the following may be carried out on land within Zone 2 (a) only with development consent:

assisted accommodation; car parks; communications facilities; drainage; dwelling houses; exhibition homes (except where fronting a road described as a Transport Corridor); group homes; home occupations; recreation areas; roads; utility undertakings.

(5) Publicised development only with development consent Development for the purpose of the following may be carried out on land within Zone 2 (a) only with development consent and only after advertising in accordance with clause 20 (2):

artificial waterbodies; bed and breakfast accommodation; boarding houses; child care centres; corner stores; educational establishments; guesthouses or hostels; home based child care establishments; home businesses; home industries; medium density housing (on land shown 2 (B)—Mixed Density in Dubbo City Development Control Plan 1991—Urban Lands where such land is also in Central or South Dubbo and not identified as within the character conservation area on the Zoning Map); places of worship; semi-detached housing; veterinary hospitals.

However, the consent authority must not consent to the carrying out of development for the purpose of medium density housing within Zone 2 (a) after the second anniversary of the date of the commencement of this plan.

(6) Prohibited development Development that is not included in subclause (3), (4) or (5) is prohibited on land within Zone 2 (a).

32 Subdivision of, and dwellings on, land within Zone 2 (a)

The consent authority may consent to a subdivision of land within Zone 2 (a) only if each allotment to be created is intended to have a dwelling situated on it has an area of not less than:

(a)  in the suburban area of Dubbo, 600 square metres, or 700 square metres if it is a corner allotment, or 300 square metres if it will have one of the two dwellings comprising semi-detached housing on it, or

(b)  2,000 square metres if it is in the village of Brocklehurst (as indicated on the Zoning Map).

33 Non-residential uses within Zone 2 (a)

The consent authority may grant consent for development for the purpose of child care centres, educational establishments, places of worship, recreation areas or veterinary hospitals on land within Zone 2 (a) in locations that are in excess of 200 metres from land within Zone 3 (a), 3 (b) or 3 (c), but only if it is satisfied that:

(a)  the proposed use will not result in detrimental impact on residential amenity, having regard to traffic, parking, noise, odour, signage, streetscape, maintenance of residential amenity and safety, and

(b)  the location of the proposed use is justified having regard to the availability of suitable sites within 200 metres of land within Zone 3 (a), 3 (b) or 3 (c).

34 Zone 2 (b) Residential Medium Density Zone—general development controls

(1) Description of land within the zone Land within the Residential Medium Density Zone is characterised by sites where higher density residential forms than those traditionally found in the Residential Suburban Zone may be appropriate.

(2) Objectives of the zone The objectives of Zone 2 (b) are as follows:

(a)  to recognise land suitable to accommodate a range of residential densities and a variety of medium density housing styles,

(b)  to encourage innovative and environmentally sustainable design and development of medium density housing which protects and enhances the streetscape,

(c)  to provide for other forms of development which may appropriately be located in the zone,

(d)  to ensure non-residential development is of a type, scale and character which will maintain an acceptable level of residential amenity.

(3) Development without development consent Development for the purpose of the following may be carried out on land within Zone 2 (b) without development consent:

environmental conservation.

(4) Development only with development consent Development for the purpose of the following may be carried out on land within Zone 2 (b) only with development consent:

assisted accommodation; car parks; communications facilities; drainage; dwelling houses; exhibition homes (except where fronting a road described as a Transport Corridor); group homes; home occupations; medium density housing; roads; utility undertakings.

(5) Publicised development only with development consent Development for the purpose of the following may be carried out on land within Zone 2 (b) only with development consent and only after advertising in accordance with clause 20 (2):

boarding houses; child care centres; corner stores; home based child care establishments; home businesses; semi-detached housing.

(6) Prohibited development Development that is not included in subclause (3), (4) or (5) is prohibited on land within Zone 2 (b).

35 Subdivision of land within Zone 2 (b)

The consent authority may grant consent to the subdivision of land within Zone 2 (b) only if the allotments to be created have an area of not less than 230 square metres.

36 Zone 2 (c) Residential Fringe Zone—general development controls

(1) Description of land within the zone Land within the Residential Fringe Zone is characterised by large detached dwellings on fully serviced allotments with areas of between 2,000 to 6,000 square metres located at the suburban fringe.

(2) Objectives of the zone The objectives of Zone 2 (c) are as follows:

(a)  to recognise land which is located on the edge of suburban Dubbo and provides a transition in urban form between a suburban and a country living environment,

(b)  to provide an environment which satisfies the reasonable expectations of the residents,

(c)  to provide spacious and prestigious fully-serviced residential allotments which provide for extensive landscaping and on-site recreational opportunities,

(d)  to provide a low density and high quality residential lifestyle in an environment which is close to the amenities and services of Dubbo,

(e)  to provide for other forms of development which may appropriately be located in the zone,

(f)  to ensure non-residential development is of a type, scale and character which will maintain an acceptable level of residential amenity.

(3) Development without development consent Development for the purpose of the following may be carried out on land within Zone 2 (c) without development consent:

environmental conservation.

(4) Development only with development consent Development for the purpose of the following may be carried out on land within Zone 2 (c) only with development consent:

assisted accommodation; car parks; communications facilities; drainage; dwelling houses; exhibition homes (except where fronting a road described as a Transport Corridor); group homes; home occupations; roads; utility undertakings.

(5) Publicised development only with development consent Development for the purpose of the following may be carried out on land within Zone 2 (c) only with development consent and only after advertising in accordance with clause 20 (2):

artificial waterbodies; bed and breakfast accommodation; corner stores; home based child care establishments; home businesses; home industries; semi-detached housing.

(6) Prohibited development Development not included in subclause (3), (4) or (5) is prohibited on land within Zone 2 (c).

37 Subdivision of land within Zone 2 (c)

(1)  The consent authority may grant consent to the subdivision of land within Zone 2 (c) only if:

(a)  each lot to be created that is intended to have a dwelling situated on it has an area of not less than 6,000 square metres and a road frontage of not less than 50 metres, or

(b)  the subdivision provides a progressive reduction in lot size from the Outer Boundary of the zone such that:

(i)  where the land is at least 120 metres from the Outer Boundary of the zone, each lot to be created that is intended to have a dwelling situated on it has an area of no less than 4,000 square metres, or

(ii)  where the land is at least 240 metres from the Outer Boundary of the zone, each lot to be created that is intended to have a dwelling situated on it has an area of no less than 2,000 square metres.

(2)  Despite subclause (1), in the case of land known on the appointed day as:

(a)  Lot 66 DP 876843—the consent authority may grant consent to the subdivision of the land to create no more than 41 lots (each of which is intended to have a dwelling situated on it), but only where each lot to be created has an area of not less than 3,000 square metres, and

(b)  Lot 101 DP 880716—the consent authority may grant consent to the subdivision of the land, but only where each lot to be created (that is intended to have a dwelling situated on it) has an area of not less than 6,000 square metres and a minimum frontage to Hennessy Road of 50 metres.

38 Dwelling houses on land within Zone 2 (c)

The consent authority may grant consent for the erection of a dwelling house on land within Zone 2 (c) only on a lot created or to be created by a subdivision for the purpose of a single dwelling, being a subdivision for which consent has been granted.

39 Zone 2 (d) Residential Cluster Zone—general development controls

(1) Description of land within the zone Land within the Residential Cluster Zone is characterised by residential allotments with areas of between 1.5 hectares and 2 hectares located on the outskirts of the urban area.

(2) Objectives of the zone The objectives of Zone 2 (d) are as follows:

(a)  to provide land and opportunities for residential development, with limited city services, in a rural setting on allotments of a size greater than could be provided in an urban environment and which enables semi-rural activities to be undertaken,

(b)  to ensure that development is undertaken in an environmentally sustainable manner which will not adversely impact on the rural and natural environment, local economies or the provision of required services,

(c)  to provide for other forms of development which may appropriately be located in the zone,

(d)  to ensure non-residential development is of a type, scale and character which will maintain the intended lifestyle amenity.

(3) Development without development consent Development for the purpose of the following may be carried out on land within Zone 2 (d) without development consent:

environmental conservation.

(4) Development only with development consent Development for the purpose of the following may be carried out on land within Zone 2 (d) only with development consent:

agriculture; assisted accommodation; car parks; communications facilities; drainage; dwelling houses; exhibition homes (except where fronting a road described as a Transport Corridor); group homes; home occupations; on-site waste disposal (where ancillary to another lawful use of the land); roads; utility undertakings.

(5) Publicised development only with development consent Development for the purpose of the following may be carried out on land within Zone 2 (d) only with development consent and only after advertising in accordance with clause 20 (2):

bed and breakfast accommodation; corner stores; home based child care establishments; home businesses; home industries; semi-detached housing.

(6) Prohibited development Development not included in subclause (3), (4) or (5) is prohibited on land within Zone 2 (d).

40 Subdivision of land within Zone 2 (d)

The consent authority may grant consent to a subdivision of land within Zone 2 (d) only if each allotment to be created that is intended to have a dwelling situated on it has an area of not less than 1.5 hectares.

41 Zone 2 (e) Residential Country Zone—general development controls

(1) Description of land within the zone Land within the Residential Country Zone is characterised by moderately sized hobby farm allotments of 4–10 hectares in an area on the outskirts of the urban area.

(2) Objectives of the zone The objectives of Zone 2 (e) are as follows:

(a)  to provide land and opportunities for a lifestyle with limited services and a rural amenity on allotments which are of a size which enable hobby farming activities,

(b)  to make efficient use of fragmented areas that are unlikely to be needed for urban purposes,

(c)  to ensure that development is undertaken in an environmentally sustainable manner which will not adversely impact on the rural and natural environment, local economies or the provision of required services and is commensurate with the physical and environmental capability of the land,

(d)  to provide for other forms of development which may appropriately be located in the zone,

(e)  to allow non-residential development where it is of a type, scale and character which will maintain the intended lifestyle amenity,

(f)  to allow development which requires a minimal level of urban servicing.

(3) Development without development consent Development for the purpose of the following may be carried out on land within Zone 2 (e) without development consent:

agriculture; environmental conservation.

(4) Development only with development consent Development for the purpose of the following may be carried out only with development consent:

animal establishments; aquaculture; assisted accommodation; car parks; communications facilities; drainage; dwelling houses; exhibition homes (except where fronting a road described as a Transport Corridor); forestry; group homes; home occupations; on-site waste disposal (where ancillary to another lawful use of the land); plant nurseries; recreation areas; roads; roadside stalls; tourist facilities; utility undertakings.

(5) Publicised development only with development consent Development for the purpose of the following may be carried out on land within Zone 2 (e) only with development consent and only after advertising in accordance with clause 20 (2):

bed and breakfast accommodation; biosolid waste disposal; bulk fuel stores; corner stores; farmstay establishments; home based child care establishments; home businesses; home industries; veterinary hospitals.

(6) Prohibited development Development not included in subclause (3), (4) or (5) is prohibited on land within Zone 2 (e).

42 Subdivision of land within Zone 2 (e)

The consent authority may grant consent to a subdivision of land within Zone 2 (e) only if each allotment to be created is intended to have a dwelling situated on it:

(a)  has a minimum area of 8 hectares, or

(b)  has a minimum area of 4 hectares and an average area of 6 hectares or greater for the entire subdivision if it is a subdivision of:

(i)  “Peachville Park”, being land known on the appointed day as lot 64 DP 754287 (East Dubbo), or

(ii)  “Acoz”, being land known on the appointed day as lots 45, 46, 97, 175 and 176 DP 755094 (West Dubbo).

43 Dwelling houses on land within Zone 2 (e)

The consent authority may grant consent for the erection of a dwelling on land within Zone 2 (e) only on land created by a subdivision which was approved by the consent authority or on an allotment which has an area of not less than 8 hectares.

44 Interim additional dwelling on land within Zone 2 (e)

The consent authority may consent to the erection of one, but only one, interim additional dwelling on land within Zone 2 (e) that is to be occupied by an employee involved in rural activities on the land or a member of the landowner’s family, or where use of the dwelling is ancillary to a use of the land for which consent has been granted, if:

(a)  the land on which the dwelling will be erected will not be capable of being excised by way of transfer of a new or existing title, and

(b)  the dwellings share a common access to a public road, and

(c)  the consent authority is satisfied that the dwelling is for an interim period only and is transportable, and

(d)  the consent authority is satisfied that the interim additional dwelling will be inhabited by either a relative of the owner or an employee involved in a rural activity on the land for which consent has been granted (and who is required to be on-site) or use of the dwelling will be ancillary to and necessary to sustain another productive land use for which consent has been granted.

Division 4 Business zones

45 Business zonings

(1)  The following business zones apply as identified on the Zoning Map:

3 (a) Regional Business Zone

3 (b) Sub-regional Business Zone

3 (c) Neighbourhood Business Zone

3 (d) Tourism and Leisure Zone

3 (e) Special Business Zone

(2)  The following clauses give a description of land within the zone, the objectives of the zone and what development is prohibited or may be carried out with or without the consent of the consent authority.

(3)  The consent authority must not grant development consent if the proposed development will not be consistent with the objectives of the zone or will not:

(a)  reinforce the existing role of the central business district (CBD) of Dubbo in meeting the retailing and servicing needs of the Region, and

(b)  maintain the dominance of the Dubbo CBD over all other commercial centres in the Region, and

(c)  protect and enhance a retail hierarchy in Dubbo that facilitates only appropriate development in commercial centres according to their role in the hierarchy as outlined in the Urban Development Strategy (dated December 1996).

46 Zone 3 (a) Regional Business Zone—general development controls

(1) Description of land within the zone Land within the Regional Business Zone comprises the central business district (CBD) of Dubbo which is the primary retailing and commercial centre for the Region.

(2) Objectives of the zone The objectives of Zone 3 (a) are as follows:

(a)  to reinforce the existing role of the CBD of Dubbo, its primacy over all other commercial centres in Dubbo and its dominance in the Region,

(b)  to provide for a wide range of retailing activity, convenience goods, business and government services and other regional functions in the CBD,

(c)  to encourage investment and redevelopment in the CBD to ensure that the ratio of retail floor space continues to be (or will exceed) 50:18 and 50:12, respectively, in Zones 3 (b) and 3 (c),

(d)  to ensure there is adequate provision of car parking facilities within the CBD,

(e)  to ensure any additional major retail attractors locate in Macquarie Street north of Bultje Street,

(f)  to reinforce retailing at the Macquarie Street frontage and discourage additional internalised retailing that does not open out onto Macquarie Street and, where possible, the river corridor,

(g)  to ensure no enclosed shopping complex in the CBD has a retail floor space which exceeds a ratio of 18:50 to the retail floor space in Zone 3 (a),

(h)  to preserve the historic character of the CBD by protecting heritage items and by encouraging compatible development within and adjoining historic buildings and precincts,

(i)  to minimise conflicts between pedestrians and vehicular movement systems within the CBD,

(j)  to consolidate and enhance the use of the CBD by providing venues for after-hours cultural, entertainment and leisure activity.

(3) Development without development consent Development for the purpose of the following may be carried out on land within Zone 3 (a) without development consent:

environmental conservation; home based child care establishments.

(4) Development only with development consent Development that is not included in subclause (3), (5) or (6) may be carried out on land within Zone 3 (a) only with development consent.

(5) Publicised development only with development consent Development for the purpose of the following may be carried out on land within Zone 3 (a) only with development consent and only after advertising in accordance with clause 20 (2):

boarding houses; cultural centres; medium density housing; road transport terminals.

(6) Prohibited development Development for the purpose of the following is prohibited on land within Zone 3 (a):

abattoirs; aerodromes; agriculture; animal cemeteries; animal establishments; aquaculture; artificial waterbodies; biosolid waste disposal; brothels; bulk fuel stores; camp sites; cemeteries; correctional centres; cotton farming; dual occupancies; exhibition homes; extractive industries; farmstay establishments; forestry; funeral establishments, hazardous industries; helipads; home businesses; home industries; home occupations; hospitals; industries; intensive agriculture; intensive livestock keeping establishments; kennels; light industries; materials recycling depots; mining; offensive industries; on-site waste disposal; restricted premises; roadside stalls; rural industries; sawmills; stock and sale yards; turf farming; transfer stations; transport depots; vehicle body repair workshops; warehouses or distribution centres; waste disposal facilities.

cll 46: Am 13.10.2000.

47 Zone 3 (b) Sub-regional Business Zone—general development controls

(1) Description of land within the zone Land within the Sub-regional Business Zone comprises Orana Mall which provides a sub-regional retailing focus for East Dubbo and supplements the retailing functions of the central business district (CBD).

(2) Objectives of the zone The objectives of Zone 3 (b) are as follows:

(a)  to protect and support the second-order retail centre role of Orana Mall,

(b)  to complement the Dubbo CBD and its primacy over all other commercial centres in Dubbo and the Region by permitting in the Zone only development which does not weaken the role of the CBD,

(c)  to ensure the growth of Orana Mall is consistent with its role and its relationship to the CBD and to ensure Orana Mall does not exceed an 18:50 retail floor space ratio to that in Zone 3 (a),

(d)  to ensure Orana Mall remains primarily a retail centre and does not accommodate land uses which are best suited to the CBD, namely entertainment, office, administration, cultural and recreational land uses, other than those consistent with its fulfilling a neighbourhood role,

(e)  to ensure there is adequate provision of car parking facilities within the zone.

(3) Development without development consent Development for the purpose of the following may be carried out on land within Zone 3 (b) without development consent:

environmental conservation; home based child care establishments.

(4) Development only with development consent Development for the purpose of the following may be carried out on land within Zone 3 (b) only with development consent:

assisted accommodation; bulky goods sales rooms or showrooms; business premises; car parks; child care centres; communications facilities; convenience service stations; corner stores; drainage; fast food outlets; group homes; hotels; medical consulting rooms; plant nurseries; restaurant rooms; roads; semi-detached housing; service stations; shops; taverns; utility undertakings; veterinary hospitals.

(5) Publicised development only with development consent Development for the purpose of the following may be carried out on land within Zone 3 (b) only with development consent and only after advertising in accordance with clause 20 (2):

boarding houses; major retail attractors; medium density housing; recreation facilities.

(6) Prohibited development Development not included in subclause (3), (4) or (5) is prohibited on land within Zone 3 (b).

48 Zone 3 (c) Neighbourhood Business Zone—general development controls

(1) Description of land within the zone Land within the Neighbourhood Business Zone comprises the smaller retail centres that provide convenience goods and services to their respective neighbourhoods and act as focal points for other community functions.

(2) Objectives of the zone The objectives of Zone 3 (c) are as follows:

(a)  to provide for retailing and servicing activities that meet local neighbourhood requirements and not those which can be shown to weaken the commercial function of the central business district (CBD) of Dubbo,

(b)  to provide a focal point for other neighbourhood land uses,

(c)  to ensure development is compatible with the amenity of the neighbourhood,

(d)  to prohibit large bulky goods sales rooms or showrooms in the zone,

(e)  to ensure there is adequate provision of car parking facilities within the zone,

(f)  to ensure the growth of each neighbourhood centre is consistent with its role in the hierarchy and that they do not, in aggregation, exceed a 12:50 retail floor space ratio to that in Zone 3 (a).

(3) Development without development consent Development for the purpose of the following may be carried out on land within Zone 3 (c) without development consent:

environmental conservation.

(4) Development only with development consent Development for the purpose of the following may be carried out on land within Zone 3 (c) only with development consent:

assisted accommodation; business premises; car parks; child care centres; communications facilities; corner stores; drainage; dwellings (where ancillary to another lawful use of the land); fast food outlets; group homes; home based child care establishments; home businesses; home occupations; medical consulting rooms; plant nurseries; restaurant rooms; roads; shops (including supermarkets up to 1,000 square metres in area); utility undertakings.

(5) Publicised development only with development consent Development for the purpose of the following may be carried out on land within Zone 3 (c) only with development consent and only after advertising in accordance with clause 20 (2):

cultural centres; veterinary hospitals.

(6) Prohibited development Development not included in subclause (3), (4) or (5) is prohibited on land within Zone 3 (c).

49 Zone 3 (d) Tourism and Leisure Zone—general development controls

(1) Description of land within the zone The Tourism and Leisure Zone applies to land in the vicinity of the Western Plains Zoo which is considered suitable for the development of tourism and leisure facilities which are compatible with a semi-rural environment, and to the Whylandra and Cobra Streets strips which are established urban areas considered suitable for development providing services and accommodation to the travelling public and to other established tourist-oriented developments outside the central business district (CBD). The zone also applies to land that has been developed to provide leisure and entertainment facilities for Dubbo residents in neighbourhood locations.

(2) Objectives of the zone The objectives of Zone 3 (d) are as follows:

(a)  to facilitate the development of tourist activities and attractions and leisure facilities in the precinct neighbouring Western Plains Zoo,

(b)  to facilitate the development of selected locations related to the highway corridors for a diverse mix of services for travellers, such as accommodation, food and fuel supplies,

(c)  to encourage a high standard of street presentation that is attractive and distinctive,

(d)  to encourage a range of innovative modes of transport or movement between tourist areas and the CBD of Dubbo,

(e)  to recognise other existing non-CBD tourist-oriented development in the city,

(f)  to facilitate the development of leisure and entertainment facilities in a neighbourhood setting where such facilities are of a scale, nature and character that maintains or improves the amenity of the neighbourhood and does not detract from or significantly alter the continued operation of any nearby neighbourhood centres to which they are ancillary,

(g)  to minimise conflict with adjoining residential and rural areas,

(h)  to ensure the safety and efficiency of Transport Corridor roads are maintained.

(3) Development without development consent Development for the purpose of the following may be carried out on land within Zone 3 (d) without development consent:

environmental conservation.

(4) Development only with development consent Development for the purpose of the following may be carried out on land within Zone 3 (d) only with development consent:

agriculture; artificial waterbodies; bed and breakfast accommodation; cabins or caravan sites; camp sites; car parks; child care centres; communications facilities; corner stores; drainage; dwellings (on an allotment created with consent for the purpose of a dwelling or dwellings ancillary to another lawful use of the land); educational establishments; farmstay establishments; guesthouses or hostels; motels; passenger transport terminals; recreation areas; roads; roadside stalls; service stations; tourist facilities; utility undertakings.

(5) Publicised development only with development consent Development for the purpose of the following may be carried out on land within Zone 3 (d) only with development consent and only after advertising in accordance with clause 20 (2):

animal establishments; cultural centres; entertainment facilities; fast food outlets (other than on land within Zone 3 (d) shown on Sheet 2 of the Zoning Map or land in Whylandra Street north of Alfred Street); forestry; helipads (other than on land within Zone 3 (d) shown on Sheet 1 of the Zoning Map); intensive agriculture; places of assembly; recreation facilities; restaurant rooms; taverns; tourist accommodation.

(6) Prohibited development Development not included in subclause (3), (4) or (5) is prohibited on land within Zone 3 (d).

(7) Other uses within Zone 3 (d) Despite subclause (6), the consent authority may grant consent to the carrying out of development on land within Zone 3 (d) as shown on Sheet 1 of the Zoning Map if the land has frontage to Whylandra Street or Cobra Street, and the development is for the purpose of hotels, service stations or convenience service stations and the proposal is subject to advertising in accordance with clause 20 (2).

50 Zone 3 (e) Special Business Zone—general development controls

(1) Description of land within the zone Land within the Special Business Zone comprises locations which are developed for “commercial strips” or considered suitable for the establishment of complexes for use as trade centres, business parks, office premises or the like.

(2) Objectives of the zone The objectives of Zone 3 (e) are as follows:

(a)  to reinforce the existing role of the CBD in Dubbo and its primacy over all other commercial centres in Dubbo and the Region by permitting in the zone only development which does not weaken the role of the central business district (CBD),

(b)  to permit bulky goods retailing in the zone,

(c)  to ensure there is suitable vehicular access for both customers and delivery vehicles and adequate provision of car parking facilities,

(d)  to ensure development in the zone is of a high standard of design,

(e)  to provide a specialist trade centre area for retailers of bulky goods who have similar location and access requirements,

(f)  to facilitate the development of a high quality business park,

(g)  to contain, manage and enhance existing commercial strip development,

(h)  to provide for office premises and certain other non-retail purposes as specified in subclauses (4) and (5) where they will not detrimentally affect the role of any other zone.

(3) Development without development consent Development for the purpose of the following may be carried out on land within Zone 3 (e) without development consent:

environmental conservation.

(4) Development only with development consent Development for the purpose of the following may be carried out on land within Zone 3 (e) only with development consent:

bulky goods sales rooms or showrooms; business premises; car parks; child care centres; communications facilities; convenience service stations; corner stores; depots; drainage; dwellings (but only if ancillary to another lawful use of the land); office premises; passenger transport terminals; plant nurseries; roads; service stations; utility undertakings; warehouses or distribution centres.

(5) Publicised development only with development consent Development for the purpose of the following may be carried out on land within Zone 3 (e) only with development consent and only after advertising in accordance with clause 20 (2):

clubs; community centres; cultural centres; fast food outlets; medical consulting rooms; motels (where the sites have dual frontage to Bourke and Darling Streets or Bourke and Brisbane Streets); public buildings; recreation facilities; transport depots; vehicle body repair workshops (where the sites are in Bourke Street, North Dubbo); vehicle repair stations (where the sites are in Bourke Street, North Dubbo); veterinary hospitals.

(6) Prohibited development Development not included in subclause (3), (4) or (5) is prohibited on land within Zone 3 (e).

51 Floor space limits

The consent authority must not consent to development in Zone 3 (b) or 3 (c) which would result in:

(a)  the ratio of retail floor space in Zone 3 (b) to the retail floor space in Zone 3 (a) exceeding 18:50, or

(b)  the ratio of retail floor space in the Zone 3 (c) to the retail floor space in Zone 3 (a) exceeding 12:50.

52 Other controls for Zones 3 (b), 3 (c) and 3 (e)

The consent authority must not consent to development that would extend the retail floor space of a commercial centre listed in Schedule 4 in excess of 1,000 square metres unless the consent authority has taken into consideration an economic impact assessment, being a statement or report which:

(a)  critically examines why the proposed land use cannot or should not be located within the CBD of Dubbo, and

(b)  assesses the economic impact of the proposed development on the CBD in the short, medium and longer terms, and

(c)  critically examines whether the proposal is consistent with the Council’s policy of promoting the CBD as the major retail location in Dubbo.

Division 5 Industrial zones

53 Industrial zonings

(1)  The following industrial zones apply as identified on the Zoning Map:

4 (a) Light Industrial Zone

4 (b) General Industrial Zone

4 (c) Special Industrial Zone

(2)  The following clauses give a description of land within the zone, the objectives of the zone and what development is prohibited or may be carried out with or without the consent of the consent authority.

54 Zone 4 (a) Light Industrial Zone—general development controls

(1) Description of land within the zone Land within the Light Industrial Zone comprises existing and potential areas catering for a range of light industry which does not interfere with the amenity of the surrounding area.

(2) Objectives of the zone The objectives of Zone 4 (a) are as follows:

(a)  to facilitate land uses that meet the definition of light industry,

(b)  to ensure that industrial development is undertaken in an environmentally sustainable manner,

(c)  to locate land uses appropriately to ensure that they do not adversely impact on the built or the natural environment,

(d)  to allow development which is reasonably ancillary to an established primary industrial use of the land on which the development is to be carried out,

(e)  to enable the development of land for certain non-industrial purposes as specified in subclauses (4) and (5) where they will not compromise the present or future industrial development of land within the zone and will not detrimentally affect the role of any business zone.

(3) Development without development consent Development for the purpose of the following may be carried out on land within Zone 4 (a) without development consent:

environmental conservation.

(4) Development only with development consent Development for the purpose of the following may be carried out on land within Zone 4 (a) only with development consent:

bulk fuel stores; car parks; child care centres; communications facilities; corner stores; community centres; drainage; dwellings (where used in conjunction with a light industry and situated on the same land as that light industry); home industries; light industries; plant nurseries; recreation areas; recreation facilities; roads; service stations; utility undertakings; vehicle repair stations; veterinary hospitals; warehouses or distribution centres.

(5) Publicised development only with development consent Development for the purpose of the following may be carried out on land within Zone 4 (a) only with development consent and only after advertising in accordance with clause 20 (2):

brothels; cultural centres; restricted premises.

(6) Prohibited development Development not included in subclause (3), (4) or (5) is prohibited on land within Zone 4 (a).

55 Zone 4 (b) General Industrial Zone—general development controls

(1) Description of land within the zone Land within the General Industrial Zone provides for a range of industrial uses which involve moderate environmental impact but which do not require the stringent environmental controls that apply to development in the Special Industrial Zone.

(2) Objectives of the zone The objectives of Zone 4 (b) are as follows:

(a)  to facilitate industrial uses that do not meet the definition of light industry but do not require the stringent environmental controls applied in the Special Industrial Zone,

(b)  to ensure that industrial development is undertaken in an environmentally sustainable manner,

(c)  to locate land uses appropriately to ensure that they do not adversely impact on the built or the natural environment and are compatible with uses of adjoining land,

(d)  to allow development which is reasonably ancillary to an established industrial use of the land on which the development is to be carried out,

(e)  to enable the development of land for certain non-industrial purposes as specified in subclauses (4) and (5) where they will not compromise the present or future industrial development of land within the zone and will not detrimentally affect the role of any business zone.

(3) Development without development consent Development for the purpose of the following may be carried out on land within Zone 4 (b) without development consent:

environmental conservation.

(4) Development only with development consent Development for the purpose of the following may be carried out on land within Zone 4 (b) only with development consent:

artificial waterbodies; biosolid waste disposal; bulk fuel stores; car parks; child care centres; communications facilities; convenience service stations; corner stores; correctional centres; depots; drainage; dwellings (where used in conjunction with an industry and situated on the same land as that industry); funeral establishments, home industries; industries; light industries; materials recycling depots; on-site waste disposal; plant nurseries; recreation areas; recreation facilities; roads; road transport terminals; sawmills; service stations; stock and sale yards; transfer stations; transport depots; utility undertakings; vehicle body repair workshops; vehicle repair stations; veterinary hospitals; warehouses or distribution centres.

(5) Publicised development only with development consent Development for the purpose of the following may be carried out on land within Zone 4 (b) only with development consent and only after advertising in accordance with clause 20 (2):

aerodromes; brothels; cultural centres; kennels; restricted premises; rural industries.

(6) Prohibited development Development not included in subclause (3), (4) or (5) is prohibited on land within Zone 4 (b).

cll 55: Am 13.10.2000.

56 Zone 4 (c) Special Industrial Zone—general development controls

(1) Description of land within the zone Land within the Special Industrial Zone is generally suited to specific industrial uses (such as heavy, offensive or hazardous industry) which have the potential to interfere with the local environment by way of emissions, traffic generation or the like.

(2) Objectives of the zone The objectives of Zone 4 (c) are as follows:

(a)  to facilitate industries that involve potentially offensive or hazardous industrial land uses but which can comply with stringent environmental standards,

(b)  to ensure that industrial development is undertaken in an environmentally sustainable manner,

(c)  to locate land uses appropriately to ensure that they do not adversely impact on the built or the natural environment and are compatible with uses of adjoining land,

(d)  to allow development which is reasonably ancillary to an established primary industrial use of the land on which the development is carried out.

(3) Development without development consent Development for the purpose of the following may be carried out on land within Zone 4 (c) without development consent:

environmental conservation.

(4) Development only with development consent Development for the purpose of the following may be carried out on land within Zone 4 (c) only with development consent:

abattoirs; artificial waterbodies; biosolid waste disposal; bulk fuel stores; car parks; child care centres; communications facilities; drainage; dwellings (where ancillary to another lawful use of the land); hazardous industries; industries; materials recycling depots; offensive industries; on-site waste disposal; roads; sawmills; transfer stations; utility undertakings; vehicle body repair workshops; vehicle repair stations.

(5) Publicised development only with development consent Development for the purpose of the following may be carried out on land within Zone 4 (c) only with development consent and only after advertising in accordance with clause 20 (2):

aerodromes; cultural centres; extractive industries; kennels; mining; rural industries.

(6) Prohibited development Development not included in subclause (3), (4) or (5) is prohibited on land within Zone 4 (c).

57 Specific controls for brothels and restricted premises

The consent authority must not grant consent to development of land within Zone 4 (a) or 4 (b) for the purpose of a brothel or restricted premises unless the building in which the development will be carried out complies with each of the following criteria:

(a)  it does not front or have direct access from an arterial road,

(b)  it is located at least 200 metres from a residential or business zone, or corner store,

(c)  it is located at least 200 metres from a school, church, public open space or any other place where people are likely to congregate.

Division 6 Special use zones

58 Special use zonings

(1)  The following special use zones apply as identified on the Zoning Map:

5 (a) Institutional Zone

5 (b) Utilities Zone

(2)  The following clauses give a description of land within the zone, the objectives of the zone and what development is prohibited or may be carried out with or without the consent of the consent authority.

59 Zone 5 (a) Institutional Zone—general development controls

(1) Description of land within the zone Land within the Institutional Zone is used for medical, educational, research, cultural and correctional facilities and includes hospital, school, college and university sites, the Western Plains Zoo and cemeteries.

(2) Objectives of the zone The objectives of Zone 5 (a) are as follows:

(a)  to set aside land required for the particular public or community land uses shown on the Zoning Map,

(b)  to enable development which is ordinarily incidental to the particular land use shown on the Zoning Map,

(c)  to allow certain other land uses as shown in subclause (4) which, in the consent authority’s opinion, are compatible with the amenity of the surrounding areas, and where it can be demonstrated by the applicant that the proposed use will not detrimentally affect the present or future development of the land for the land use shown on the Zoning Map or for any land use specified in a strategy adopted by the consent authority.

(3) Development without development consent Development for the purpose of the following may be carried out on land within Zone 5 (a) without development consent:

environmental conservation.

(4) Development only with development consent Development for the purpose of the following may be carried out on land within Zone 5 (a) only with development consent:

any public or community land use shown on the Zoning Map in relation to the land; animal cemeteries, artificial water bodies; assisted accommodation; bulk fuel stores; business premises; car parks; cemeteries; child care centres; communications facilities; community centres; corner stores; correctional centres; drainage; dwelling houses (ancillary to another lawful use of the land); educational establishments; entertainment facilities; group homes; helipads; hospitals; medical consulting rooms; on-site waste disposal; places of assembly; places of worship; public buildings; recreation areas; recreation facilities; roads; shops; utility undertakings; veterinary hospitals.

(5) Publicised development only with development consent Development for the purpose of the following may be carried out on land within Zone 5 (a) only with development consent and only after advertising in accordance with clause 20 (2):

cultural centres.

(6) Prohibited development Development not included in subclause (3), (4) or (5) is prohibited on land within Zone 5 (a).

60 Zone 5 (b) Utilities Zone—general development controls

(1) Description of land within the zone Land within the Utilities Zone is used by government and the private sector for the provision of urban infrastructure, including airports, railways, telecommunications, drainage, electricity, gas, water and sewerage utilities.

(2) Objectives of the zone The objectives of Zone 5 (b) are as follows:

(a)  to provide and protect land necessary for the provision of the City’s infrastructure,

(b)  to set aside land required for particular utility land uses as shown for the land on the Zoning Map,

(c)  to enable development of that land which is ordinarily incidental to the particular land use shown on the Zoning Map,

(d)  to allow other land uses which, in the consent authority’s opinion, are compatible with the amenity of the surrounding areas, and where it can be demonstrated by the applicant that the proposed use will not detrimentally affect the present or future development of the land for the purpose shown on the Zoning Map.

(3) Development without development consent Development for the purpose of the following may be carried out on land within Zone 5 (b) without development consent:

environmental conservation.

(4) Development only with development consent Development for the purpose of the following may be carried out on land within Zone 5 (b) only with development consent:

the particular land use indicated on the Zoning Map in relation to the land; any development ordinarily incidental or ancillary to that land use.

(5) Publicised development only with development consent Development for the purpose of the following may be carried out on land within Zone 5 (b) only with development consent and only after advertising in accordance with clause 20 (2):

any land use (other than a use referred to in subclause (3) or (4)) that is consistent with the objectives of this plan and the zone.

(6) Prohibited development Development not included in subclause (3), (4) or (5) is prohibited on land within Zone 5 (b).

(7) Other Uses within Zone 5 (b) Despite subclause (6), if land within Zone 5 (b) is not required for the land use designated on the Zoning Map, the consent authority may grant consent to any use of that land for a purpose that is allowed (with or without development consent) in the adjoining zone, but only if:

(a)  the proposed development is, in the opinion of the consent authority, compatible with the character and amenity of existing or potential development in the zone adjoining the land within Zone 5 (b), and

(b)  the public authority responsible for administering the land for the land use designated on the Zoning Map, if not the owner of the land, grants concurrence to the development after taking into account the likely effect of the proposed development on the future use for which the land was designated, and

(c)  the proposed use is consistent with, and will not obstruct the use of the land for, the purpose identified for the land in the Urban Development Strategy (dated December 1996).

Division 7 Recreational zones

61 Recreational zonings

(1)  The following recreational zones apply as identified on the Zoning Map:

6 (a) Public Open Space Zone

6 (b) Private Open Space Zone

6 (c) Commercial Recreation Zone

(2)  The following clauses give a description of land within the zone, the objectives of the zone and what development is prohibited or may be carried out with or without the consent of the consent authority.

62 Zone 6 (a) Public Open Space Zone—general development controls

(1) Description of land within the zone Land within the Public Open Space Zone is set aside as parks, reserves and other recreation areas in Dubbo that are publicly owned and may be publicly accessible for passive or active recreational use.

(2) Objectives of the zone The objectives of Zone 6 (a) are as follows:

(a)  to identify and protect land that is, or should be, reserved for recreational purposes and which may form part of an integrated recreational network,

(b)  to facilitate improvement of land for active or passive recreational purposes (or both), according to its neighbourhood, district or regional recreational use,

(c)  to allow for the development of land for uses ancillary to recreational use where it does not detrimentally affect future recreational use or the amenity of surrounding localities,

(d)  to recognise the dual use of public utility corridors as links between active recreation areas,

(e)  to protect and enhance areas of native vegetation,

(f)  to provide for aesthetic improvement through applied horticulture.

(3) Development without development consent Development for the purpose of the following may be carried out on land within Zone 6 (a) without development consent:

environmental conservation; recreation areas.

(4) Development only with development consent Development for the purpose of the following may be carried out on land within Zone 6 (a) only with development consent:

artificial waterbodies; car parks; community centres; drainage; entertainment facilities; forestry; places of assembly; recreation facilities; roads; tourist facilities; utility undertakings.

(5) Publicised development only with development consent Development for the purpose of the following may be carried out on land within Zone 6 (a) only with development consent and only after advertising in accordance with clause 20 (2):

biosolid waste disposal; cultural centres.

(6) Prohibited development Development not included in subclause (3), (4) or (5) is prohibited on land within Zone 6 (a).

63 Zone 6 (b) Private Open Space Zone—general development controls

(1) Description of land within the zone Land within the Private Open Space Zone is privately owned land that has an environmental constraint which warrants the land being protected from urban development.

(2) Objectives of the zone The objectives of Zone 6 (b) are as follows:

(a)  to protect the floodplain of the Macquarie and Talbragar Rivers from inappropriate development by ensuring all development is, in the opinion of the consent authority, compatible with the flood hazard,

(b)  to protect and enhance the scenic quality and visual amenity of land within the floodplain of the Macquarie and Talbragar Rivers and the identified Transport Corridors,

(c)  to ensure privately owned land located in sensitive environments is not used for inappropriate urban uses and, where appropriate, is used in accordance with the Council’s Floodplain Management Plan and having regard to the Council’s Floodplain Management Development Control Plan,

(d)  to enable the improvement of land for recreational purposes consistent with its environmental constraints,

(e)  to protect and enhance areas of native vegetation,

(f)  to protect natural wetlands.

(3) Development without development consent Development for the purpose of the following may be carried out on land within Zone 6 (b) without development consent:

agriculture; environmental conservation.

(4) Development only with development consent Development for the purpose of the following may be carried out on land within Zone 6 (b) only with development consent:

artificial waterbodies; camp sites; car parks; communications facilities; drainage; forestry; intensive agriculture (where not involving livestock); plant nurseries; recreation areas; roads; turf farming; utility undertakings.

(5) Publicised development only with development consent Development that is not included in subclause (3), (4) or (6) may be carried out on land within Zone 6 (b) only with development consent and only after advertising in accordance with clause 20 (2).

(6) Prohibited development Development for the purpose of the following is prohibited on land within Zone 6 (b):

abattoirs; aerodromes; animal cemeteries; assisted accommodation; boarding houses (other than boarding houses operated in an existing dwelling); brothels; bulk fuel stores; business premises; cemeteries; child care centres; clubs; convenience service stations; corner stores; correctional centres; cotton farming; dual occupancies; dwellings; educational establishments; entertainment facilities; exhibition homes (except where transportable exhibition homes); extractive industries; fast food outlets; funeral establishments, group homes; guest houses or hostels (other than those operated in an existing dwelling); hazardous industries; helipads; home based child care centres; hotels; intensive livestock keeping establishments; kennels; major retail attractors; materials recycling depots; medical consulting rooms; medium density housing; mining; motels; offensive industries; office premises; on-site waste disposal; places of assembly; places of worship; public buildings; restricted premises; roadside stalls (where fronting a road described as a Transport Corridor); road transport terminals; rural industries (not being for the handling, selling, treating, processing or packaging of rural products); sawmills; semi-detached housing; service stations; shops; stock and sale yards; taverns; tourist accommodation; transfer stations; vehicle body repair workshops; vehicle repair stations; waste disposal facilities.

cll 63: Am 13.10.2000.

sch 1: Am 13.10.2000.

64 Zone 6 (c) Commercial Recreation Zone—general development controls

(1) Description of land within the zone Land within the Commercial Recreation Zone is land held in private ownership that is, or could be, developed for commercial recreational use as, for example, recreational clubs, racing venues or equestrian facilities.

(2) Objectives of the zone The objectives of Zone 6 (c) are as follows:

(a)  to facilitate the continued use of commercial recreation facilities,

(b)  to facilitate improvement of privately held recreational land for active or passive recreational purposes (or both),

(c)  to allow for the development of land for uses ancillary to the recreational use (for example, tourism accommodation) where it does not detrimentally affect the amenity of surrounding localities,

(d)  to encourage private interests in the provision of recreation facilities while ensuring a high level of public access and maintaining linkages with the Dubbo recreational network,

(e)  to protect and enhance areas of native vegetation.

(3) Development without development consent Development for the purpose of the following may be carried out on land within Zone 6 (c) without development consent:

environmental conservation.

(4) Development only with development consent Development for the purpose of the following may be carried out on land within Zone 6 (c) only with development consent:

artificial waterbodies; car parks; clubs; communications facilities; drainage; dwellings (where ancillary to another lawful use of the land); forestry; recreation areas; recreation facilities; roads; utility undertakings.

(5) Publicised development only with development consent Development for the purpose of the following may be carried out on land within Zone 6 (c) only with development consent and only after advertising in accordance with clause 20 (2):

animal establishments; cultural centres; veterinary hospitals.

(6) Prohibited development Development not included in subclause (3), (4) or (5) is prohibited on land within Zone 6 (c).

Part 4 Conservation of heritage items

65 Protection of heritage items and relics

(1)  The consent of the consent authority is required to carry out the following development if it affects a building, work, relic or place that is a heritage item:

(a)  demolishing, defacing, damaging or moving a heritage item,

(b)  altering a heritage item by making structural changes to its exterior,

(c)  altering a heritage item 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, subdividing, or otherwise affecting the setting or stylistic or horticultural features of, the land on which a heritage item is located.

(2)  The consent authority must not grant consent to a development application required by subclause (1) unless it has taken into consideration the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item.

(3)  The consent authority may decline to grant consent to an application required by subclause (1) in respect of a heritage item, if it has not considered a conservation plan explaining the heritage significance of the item and the impact of the proposed development on the significance of the item and its setting.

66 Application for demolition

The consent authority must not grant a consent for the demolition of a building (being a consent required by clause 65) unless it has been provided with and has taken into consideration a development application for any building which is proposed to take the place of the building to be demolished.

67 Conservation incentives relating to heritage items

(1)  Nothing in this plan prevents the consent authority from granting consent to the use for any purpose of a building that is a heritage item or of the land on which any such building is erected, if the consent authority is satisfied that:

(a)  the proposed use would have little or no adverse effect on the amenity of the locality, and

(b)  the conservation of the building depends on the consent authority granting consent as referred to in this clause.

(2)  When considering an application for consent for the erection of a building on a site on which there is a building which is a heritage item, the consent authority may:

(a)  exclude from its calculation of the floor space of the buildings erected on the land the floor space of the heritage item for the purpose of determining the number of parking spaces to be provided on the land, or

(b)  reduce the minimum site area requirements for the purpose of determining the number of dwellings permissible on the land,

but only if the consent authority is satisfied that the conservation of the heritage item depends on the consent authority excluding the floor space of the item or reducing the minimum site area requirements.

68 Heritage advertisements and notifications

(1)  The following development is identified as advertised development for the purposes of the Act:

(a)  the demolition of a building or work that is a heritage item, and

(b)  the use of a building or land referred to in clause 67 for a purpose which is not consistent with the relevant zone objectives of this plan.

(2)  The consent authority must not grant consent for the demolition of a building or work that is a heritage item unless the consent authority:

(a)  has notified the Heritage Council of its intention to grant consent, and

(b)  has taken into consideration any objection notified to it by the Heritage Council not later than 30 days after notice being sent of the consent authority’s intention to grant consent.

(3)  This clause does not apply to the partial demolition of a heritage item if, in the opinion of the consent authority after consideration of a conservation assessment (being a statement or report that assesses the conservation of the heritage item), the partial demolition:

(a)  will be of a minor nature, and

(b)  will not adversely affect the heritage significance of the heritage item, building or work in relation to the environmental heritage of the City of Dubbo, and

(c)  is likely to facilitate the sympathetic redevelopment of the remainder of the heritage item.

69 Development in the vicinity of a heritage item

The consent authority must not grant consent to an application to carry out development on land in the vicinity of a heritage item unless it has made an assessment of the effect the carrying out of that development will have on the heritage significance of the item and its setting.

70 Archaeology

(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.

(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.

Dictionary

(Clause 5 (1))

Abattoir means a building or place used for the slaughter of animals, whether or not animal by-products are processed, manufactured or distributed there, and includes a knackery.

Advertisement means the use of a building or place for 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 involves the erection of a structure or the carrying out of a work, but does not include a commercial sign or advertisements on publicly owned furniture such as public seating and garbage bins.

Aerodrome has the meaning ascribed to that word in the Civil Aviation Act 1988 of the Commonwealth.

Agriculture means:

(a)  the broad scale production of crops or fodder, or

(b)  horticulture, including fruit, vegetable and flower crop production, and wholesale plant nurseries, or

(c)  the grazing of livestock, or

(d)  the keeping and breeding of livestock, including poultry, other birds and bees,

but (in Part 3) does not include any other use elsewhere defined in this dictionary.

Airport Obstacle Limitation means the area shown as subject to obstacle limitations on the map labelled “Dubbo Airport Obstacle Limitation Surface”, dated 26 August 1997 and held in the office of the Council.

Ancillary (use) means a use of land which is secondary or subsidiary to, and supportive of, the primary use of the land.

ANEF means Australian Noise Exposure Forecast.

Animal cemetery means business premises used for the interment of deceased pets, including dogs, cats and other animals kept as domestic pets.

Animal establishment means a building or place used for the breeding, boarding or training of, or caring for, animals for commercial purposes and includes stables and riding schools, but does not include kennels or an intensive livestock keeping establishment.

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

Aquaculture means the cultivation of the resources of inland waters for the propagation or rearing of fish or plants or other organisms.

Archaeological site means a site identified as such in Schedule 5.

Artificial waterbody means an artificial waterbody of the kind referred to in Schedule 3 to the Environmental Planning and Assessment Regulation 1994.

Assisted accommodation means a building or place, not being a group home, used for the purposes of temporary or permanent accommodation for either:

(a)  socially disadvantaged people (being a building or place that incorporates facilities for their rehabilitation or relief), or

(b)  for incurable or convalescing persons.

Bed and breakfast accommodation means an existing dwelling which:

(a)  provides temporary overnight accommodation for the traveller, and

(b)  offers at least breakfast for guests, and

(c)  does not accommodate more than 8 guests, and

(d)  does not contain facilities in rooms for the preparation of meals by guests, and

(e)  is not used in whole or in part for the permanent or long-term accommodation of any person other than the person or persons who operate and manage the temporary accommodation and who normally reside in the dwelling.

Biosolid waste disposal means the use or other disposal of sludge or other semi-solid products of human sewage treatment plants.

Boarding house means a building or place which is not licensed to sell liquor and where accommodation, together with meals and laundry facilities, are provided, but only to residents.

Brothel means premises used for the purpose of prostitution or sexual gratification, including those where only one person is engaged in prostitution or sexual gratification at any one time.

Bulk fuel store means a structure used for the storage of 1,000 litres or more of fuel.

Bulky goods sales room or showroom means a building or place used for the sale by retail or auction, the hire or the display of items (whether goods or materials) which are of such a size, shape or weight as to require:

(a)  a large area for handling, storage or display, or

(b)  direct vehicular access to the site of the building or place by members of the public, for the purpose of loading items into their vehicles after purchase,

and which includes timber yards, hardware stores, furniture outlets, and motor vehicle and machinery dealerships (as well as the ancillary sale of parts and accessories and the servicing and repair of such items), but does not include a building or place used for any sale of foodstuffs or clothing or a site the predominant use of which is for the sale of other similar small items.

Business premises means a building or place in which there is carried on an occupation, a profession or a trade which provides a service directly and regularly to the public, but (in Part 3) does not include a building or place elsewhere defined in this dictionary.

Cabin or caravan site means a site used for the purpose of:

(a)  placing moveable dwellings for the temporary accommodation of tourists, or

(b)  the erection, assembly or placement of cabins for the temporary accommodation of tourists.

Camp site means a place used for the pitching of tents or other like portable, lightweight and temporary shelter for the short-term shelter of visitors or tourists.

Car park means a building or place used for parking vehicles, and any manoeuvring space and access to it, whether operated for gain or not.

Cemetery means a place used for interment of the deceased, but does not include an animal cemetery.

Character conservation area means the area marked “character conservation area” on the Zoning Map.

Child care centre means a building or place used for the purpose of supervising or caring for six or more children under the age of six years and includes a long day care centre, preschool, occasional care centre, children’s neighbourhood centre, or multi-purpose child care centre, but does not include a home based child care establishment.

Classified road means a classified road within the meaning of the Roads Act 1993.

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 and which may in addition offer refreshment, entertainment and leisure facilities to members and guests.

Commercial sign means any advertisement, whether illuminated or not, which:

(a)  has an outline that would fit within a rectangular figure 1.25 metres in length and 0.6 metre in height and has an area not exceeding 0.75 square metre, and

(b)  in respect of any place or premises to which it is affixed, contains only:

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

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

(iii)  particulars of any occupation carried on at the place or premises, or

(iv)  such directions or cautions as are usual or necessary to the place or premises or any occupation carried on in the place or premises, or

(v)  particulars or notifications required or permitted to be displayed by or under any Act (including any Commonwealth Act), or

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

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

(viii)  a reference to any affiliation with a trade, professional or any other association relevant to the business conducted at or on the place or premises.

Communications facilities means a building, structure, work or place used primarily for transmitting or receiving signals for the purposes of communication, and includes radio masts and towers and satellite disks, and the like.

Community centre means a building or place owned, leased or subleased by the Council, another public authority or a body of persons which provides for the physical, social, cultural or intellectual development or welfare of the local community, and is used to provide facilities comprising or relating to any one or more of the following or any like facility:

(a)  a public library,

(b)  public health services,

(c)  rest rooms,

(d)  meeting rooms,

(e)  indoor recreation,

(f)  child minding,

but (in Part 3) does not include a building or place elsewhere defined in this dictionary.

Convenience service station means a retail establishment where motorists refuel vehicles that includes a shop with an area in excess of 50 square metres where food and household necessities are sold.

Corner store means a shop which has a floor space of not more than 150 square metres, that sells a variety of merchandise generally of a convenience type and that is located at least 400 metres from any other corner store or similar commercial establishment or land within Zone 3 (a), 3 (b) or 3 (c). It may consist of or include a chemist’s shop, newsagency, milk bar, take-away food shop, general store, video shop, butcher’s shop, baker’s shop or be used for any similar use or combination of uses.

Correctional centre means a penal or reformative establishment.

Cotton farming means the use of a site for the commercial production of cotton.

Council means the Council of the City of Dubbo.

Cultural centre means a gallery or museum and may include a performance space and a restaurant room.

Demolish a heritage item, building, relic, tree, place or work means the damaging, defacing, destroying, pulling down, dismantling or the removal of the heritage item, building, relic, tree, place or work in whole or in part.

Depot means a building or place used only for the storage of any plant, machinery, materials or goods used or intended to be used by the owner or occupier of the building or place (but not necessarily for use on the site), but (in Part 3) does not include a building or place elsewhere defined in this dictionary.

Development has the meaning ascribed to it in section 4 (1) of the Act.

Drainage means the management of stormwater via various engineering methods.

Dual occupancy means two separate dwellings on one allotment of land, but does not include a rural worker’s dwelling.

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 one, but not more than one, dwelling.

Educational establishment means a building used as a school, college, TAFE establishment, academy or lecture hall, but does not include a building used wholly or principally as a child care centre or tourist facility.

Entertainment facility means a building or place used for the purpose of entertainment, exhibitions or displays and includes theatres, cinemas, music halls, concert halls, drive-in theatres and the like.

Environmental conservation means the protection, rehabilitation or restoration of land, which is consistent with practices agreed to or authorised by:

(a)  the Department of Land and Water Conservation (in relation to erosion control, management of drainage corridors and other activities the responsibility of that Department), or

(b)  the Department of Agriculture (in relation to conservation farming and other activities the responsibility of that Department), or

(c)  the National Parks and Wildlife Service (in relation to conservation of sites of archeological significance, flora or fauna habitat or other activities the responsibility of that Department), or

(d)  the Council.

Exhibition home means a building designed to be a dwelling but initially operated as a display home for a period of up to but not more than 12 months, which is open to public inspection at regular times and may include a sales office.

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

Extractive material means sand, gravel, clay, turf, soil, rock, stone and similar substances.

Farmstay establishment means an established farming enterprise which:

(a)  provides accommodation and entertainment for tourists, and

(b)  forms part of the day-to-day operation of the farm.

Fast food outlet means a building or place used solely to sell meals and beverages and may include drive-through service or sit-down service or both.

Floodplain Management Plan means the document held in the office of the Council which details a co-ordinated mix of measures that addresses the existing, future and continuing flood hazards of the Macquarie and Talbragar Rivers at Dubbo.

Flood Planning Level means the level 500 millimetres above the 1-in-100 year flood level.

Flood prone land means the land susceptible to inundation by the Probable Maximum Flood event (that is, land within the floodplain).

Forestry includes arboriculture, silviculture, forest protection, the cutting, dressing or preparation, otherwise than in a sawmill, of wood and other forest products and the establishment of roads required for the removal of wood and forest products or for forest protection.

Funeral establishment means a building or place used for the conducting of funerals and for any associated activities which may include the provision of a crematorium, mortuary, preparation areas, offices, caretaker’s accommodation or the like, but does not include a building or place used solely as an office.

Group home means a dwelling that is a permanent group home or a transitional group home as defined in State Environmental Planning Policy No 9—Group Homes.

Guest house or hostel means a building (other than bed and breakfast accommodation) which:

(a)  provides temporary overnight accommodation for the traveller, and

(b)  offers at least breakfast for guests, and

(c)  does not contain facilities in rooms for the preparation of meals by guests, and

(d)  is not used in whole or in part for the permanent or long-term accommodation of any person other than the person or persons who operate and manage the temporary accommodation (who may normally reside in the building).

Hazardous industry means an industry which, when in operation and when all measures proposed to reduce or minimise its impact on the locality have been employed (such as measures to isolate the operation of the industry from existing or likely future development on other land in the locality), would pose a significant risk, in relation to the locality:

(a)  to human health, life or property, or

(b)  to the biophysical environment.

Helipad means an area or place not open to public use which is set apart for the taking off and landing of helicopters.

Heritage item means a building, work, place, relic or tree specified in Schedule 5.

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

Home based child care establishment means an existing dwelling providing care for up to seven children (including the caregiver’s own children), in the premises where the caregiver resides.

Home business means a business that would be a home occupation but for the fact that it involves:

(a)  the employment of one, but not more than one, person who is not a resident of the dwelling, or

(b)  regular visits by clientele,

but does not include a business that would render the building in which it is carried on a brothel.

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,

(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, grit or oil or otherwise, or

(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 to the locality,

(c)  the industry does not entail:

(i)  the sale of items (whether goods or materials) or the exposure or offer for sale of items, by retail, or

(ii)  the exhibition of any notice, advertisement or sign (other than a notice, advertisement or sign exhibited on the dwelling or land to indicate the name and occupation of the residents), or

(iii)  the employment of more than one person who is not a resident of the dwelling.

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, or

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

(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, grit or oil or otherwise, or

(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 residents), or

(f)  the sale of items (whether goods or materials) or the exposure or offer for sale of items, by retail, or

(g)  use of more than one room of the house or of more than 30 square metres of the floor area of the dwelling house or residential flat building, whichever is the lesser, or

(h)  regular visits by clientele.

Hospital means a building or place used as a:

(a)  hospital, or

(b)  sanatorium, or

(c)  health centre, or

(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 with the building or place.

Hotel means any premises specified in a hotelier’s licence granted under the Liquor Act 1982.

Industry means the manufacturing, assembling, altering, repairing, renovating, ornamenting, finishing, cleaning, washing, dismantling, processing or adapting of any goods or any articles, but (in Part 3) does not include any other use elsewhere defined in this dictionary.

Intensive agriculture means:

(a)  the use of a site predominantly for the cultivation by irrigation of fruit, vegetable crops, flower crops, pasture or fodder, or like crops which rely on irrigation, or

(b)  the commercial keeping or breeding (or both) of livestock which are substantially dependent on high quality forage produced from the land, such as horse studs or similar enterprises,

but does not include animal establishments, aquaculture, cotton farming, intensive livestock keeping establishments, large scale earthworks, or turf farming.

Intensive livestock keeping establishment means a building or place used for commercial operation where animals are nurtured substantially on feed not produced on the land (excluding temporary feeding during and as a result of drought, fire, flood or similar emergency) where the animals are penned or housed and includes cattle feed lots, poultry sheds, piggeries and the like.

Interim additional dwelling means a dwelling established with consent but without restriction as to the time for which it will be used, but that is subject to a condition of consent that requires it to be sold and removed from the property when the authorised use ceases.

Kennel means a building or place used for the keeping or breeding (or both) of dogs for commercial purposes.

Land includes:

(a)  the sea or an arm of the sea, and

(b)  a bay, inlet, lagoon, lake or body of water, whether inland or not and whether tidal or non-tidal, and

(c)  a river, stream or watercourse, whether tidal or non-tidal.

Light industry means an industry, not being an offensive or hazardous industry, in which the processes carried on, or 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, or grit or oil or otherwise.

Maintenance, in relation to a heritage item, means the continuous protective care of the fabric of the heritage item and its setting.

Major retail attractor means a retail establishment with a retail floor space in excess of 1,000 square metres and includes a department store, discount department store or supermarket, but does not include a bulky goods sales room or showroom.

Materials recycling depot means land used for the collection, storage, recycling or sale of scrap metals, waste paper, rags, bottles or other scrap materials or goods or used for the collecting, dismantling, storage or salvaging of automobiles or other vehicles or machinery or for the sale of their parts.

Medical 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 1989, or by not more than three health care professionals, who practise there 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.

Medium density housing means two or more dwellings on a site where each dwelling has an individual entrance and direct private access to private open space at natural ground level for the exclusive use of the occupants of the dwelling, and includes villas, terraces, town houses, cluster housing, integrated housing, mobile home parks and the like, but does not include semi-detached housing.

Mining includes a mine and any form of mining, including surface mining (whether by open-cut or any other method) and underground mining.

Motel means premises, not being a hotel, used for the temporary or short-term accommodation of travellers (involving separate units each with individual external access and parking).

Native vegetation means vegetation that is indigenous to the State, including trees, shrubs and understorey plants. For the purpose of this definition, indigenous vegetation is that of a species which existed in the State before European settlement.

Natural ground level means the level of land as if no development has taken place.

Offensive industry means an industry which, when in operation and when all measures proposed to minimise its impact on the locality have been employed (including, for example, measures to isolate the industry from existing or likely future development on other land in the locality), would emit a polluting discharge (including noise) in a manner which would have a significant adverse impact on the locality or on existing or likely future development on other land in the locality.

Office premises means a building or place used for the purpose of administration, or for clerical, technical, professional or like activities (except for dealing with members of the public on a direct and regular basis or otherwise than by appointment), but (in Part 3) does not include a building or place elsewhere defined in this dictionary.

On-site waste disposal means the breaking down of human or animal wastes via natural means on land and then disposal on the same land either through spraying, in trenches or by other means.

Outer Boundary means, in the context of the outer edge of a Zone on the Zoning Map, the boundary that is furthest from the CBD (ie not the circumference of the Zone).

Passenger transport terminal means any building or place used for the assembly and dispersal of passengers travelling by any form of passenger transport, including any ancillary facilities required for parking, manoeuvring, storage or routine servicing of any vehicle forming part of that undertaking.

Place of assembly means a public hall, dance hall, open-air theatre, or any other building of a like character used as such and whether used for the purpose of gain or not, but (in Part 3) does not include a place of worship, an educational establishment, entertainment facility or any other building or place separately defined in this dictionary.

Place of worship means a building or place used for the purpose of religious worship, whether or not the building or place is also used for counselling, social events or religious training by a congregation or religious group.

Plant nursery means a building or place used for both the growing and selling by retail of plants, whether or not landscape supplies (including earth products) and other landscape and horticultural products are also sold there.

Potential archaeological site means a site identified in Schedule 7 to this plan and includes a specific site known to the consent authority to have archaeological potential even if it is not so identified.

Principles of ecologically sustainable development means the principles derived from the following statements:

Ecologically sustainable development requires the effective integration of economic and environmental considerations in decision-making processes.

Ecologically sustainable development can be achieved through the implementation of the following principles and programs:

(a)  the precautionary principle—namely, that if there are threats of serious or irreversible environmental damage, lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation. In the application of the precautionary principle, public and private decisions should be guided by:

(i)  careful evaluation to avoid, wherever practicable, serious or irreversible damage to the environment, and

(ii)  an assessment of the risk-weighted consequences of various options,

(b)  inter-generational equity—namely, that the present generation should ensure that the health, diversity and productivity of the environment is maintained or enhanced for the benefit of future generations,

(c)  conservation of biological diversity and ecological integrity—namely, that conservation of biological diversity and ecological integrity should be a fundamental consideration,

(d)  improved valuation, pricing and incentive mechanisms—namely, that environmental factors should be included in the valuation of assets and services, such as:

(i)  polluter pays—that is, those who generate pollution and waste should bear the cost of containment, avoidance or abatement, and

(ii)  the users of goods and services should pay prices based on the costs involved in the full cycle providing goods and services, including the use of natural resources and assets and the ultimate disposal of any waste,

(iii)  environmental goals, having been established, should be pursued in the most cost-effective way, by establishing incentive structures, including market mechanisms, that enable those best placed to maximise benefits or minimise costs to develop their own solutions and responses to environmental problems.

Probable Maximum Flood means the largest flood that could conceivably occur in the Macquarie and Talbragar Rivers system. For the purposes of this plan, it is taken to be equivalent to the “Extreme Flood” having a peak discharge of three times that of the 1% AEP (1-in-100 years) event.

Property development plan means a plan that has been prepared by an appropriately qualified consultant, and provides details of such of the following as are relevant to the application:

Infrastructure/plant

(a)  specialised machinery to be used in the proposed agricultural use,

(b)  specialised handling, processing and storage facilities for the proposed agricultural use,

(c)  specialised internal fencing suitable for the proposed agricultural use,

(d)  the adequacy of road access within the allotment for the proposed agricultural use,

(e)  the adequacy of the supply of electricity to the allotment and the arrangements for its distribution for the proposed agricultural use and for its connection to any proposed dwelling house,

(f)  the location intended for any proposed dwelling house,

Economic function

(g)  the current and proposed agricultural use of the allotment,

(h)  budgets relating to the profit and loss of the proposed agricultural use,

Water

(i)  the water allocation that has been obtained and how it is appropriate for the proposed agricultural use,

(j)  the irrigation system and its likely impact on waterways and aquifers,

(k)  drainage works to contain run-off of effluent or chemical residues, or any other substance or material stored or generated on-site that is likely to result in the contamination of surface or groundwaters,

(l)  the impact localised flooding has on the land,

Aquifer

(m)  the location of any aquifer, dam, river, creek or other water source situated under or on, or passing through, the allotment,

(n)  the potential impact of the proposed agricultural use on any aquifer, including its impact on groundwater levels and water quality,

Soils

(o)  a soil survey identifying the soil capability of the allotment, likely contamination, affected salinity (both on and off-site), and the soil management practices appropriate for the proposed agricultural use, including soil erosion control measures,

(p)  the risk of soil erosion and its likely impact on groundwater and surface water quality,

Vegetation

(q)  the impact vegetation clearance may have on the existing habitat of native fauna,

(r)  the risk of bushfire and proposed mitigation measures,

(s)  whether the removal of native vegetation will result in irreparable damage to the vegetation system in the locality.

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 organisation established for public purposes.

Recreation area means:

(a)  a children’s playground, or

(b)  an area used for sporting activities or sporting facilities, including parks, reserves and ovals, 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 the Council, or a body of persons associated for the purpose of the physical, cultural or intellectual welfare of persons within the community,

and includes the aesthetic enhancement by way of tree planting and other landscaping of such areas, but does not include a racecourse or a showground.

Recreation facility means a building or place used for sporting activities, recreation or leisure activities, whether or not operated for the purpose of gain, and includes sports stadiums, showgrounds, racecourses and the like, but does not include a building or place elsewhere defined in this dictionary.

Region means the Orana region.

Relic means any deposit, object or material evidence (not being a handicraft made for sale, but which may consist of, or include, human remains) relating to:

(a)  the use or settlement of the City of Dubbo, being a deposit, object or material evidence that is more than 50 years old, or

(b)  indigenous or non-European habitation of land within the City of Dubbo, being habitation, either prior to or concurrent with the occupation of that land by persons of European extraction.

Remediation plan refers to a plan, prepared by a consultant accredited by the Environment Protection Authority, which details works required to be undertaken for the restoration of contaminated land.

Restaurant room means a restaurant, cafe, tea room, eating house or the like that does not provide drive-through service, has a capacity for no more than 50 patrons at a time and, with the exception of a kiosk, provides only sit-down service.

Restricted premises means business premises or a shop that, due to its nature, restricts access to customers over 18 years of age and includes sex shops and the like, but does not include a tavern, hotel or brothel.

Retail means the sale of commodities to households or ultimate consumers and comprises those uses adopted by Council, for that purpose, on 21 December 1998 (see clause 98/25 of the Council’s meeting of 21 December 1998 and attachments A and B to the associated report dated 18 December 1998).

Retail floor space means the area of the footprint of a building where the ground floor is used for retailing. It also includes any significant retailing areas that are above or below the ground floor. If the ground floor is not used entirely by the retail use then the retail floor space is the area of the footprint of the building less the proportion that is in use by the other non-retail occupants.

Road means a public thoroughfare used for the passage of humans, vehicles or animals.

Roadside stall means a place used for the purpose of offering for sale by retail agricultural goods produced on the allotment on which the place is located or on allotments in the immediate locality, but only where the building, structure or device used for offering produce for sale is of a temporary nature (that is, it is capable of being erected or dismantled within 24 hours).

Road transport terminal means a building or place used mainly for the bulk handling of goods for transport by road (or transfer for air transit), and includes facilities for the loading and unloading of vehicles used to transport those goods and may provide for the parking, servicing and repair of those vehicles and includes a courier service.

Rural industry means:

(a)  the handling, selling, treating, processing or packing of rural products, or

(b)  the regular servicing or repairing of plant or equipment used for the purpose of a rural activity operating in the locality.

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

Semi-detached housing means a building containing two, but not more than two, dwellings on a single allotment of land and which may or may not include shared facilities.

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

(a)  the hire of trailers,

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

(c)  the washing and greasing of motor vehicles,

(d)  the 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 or spray painting, or suspension, transmission or chassis restoration),

(e)  the retail sale or hire of other goods within an ancillary area.

Shop means a building or place used for the purpose of selling items, whether by retail or auction, for hiring of items or for displaying items for the purpose of selling or hiring them (whether the items are goods or materials) but does not include a major retail attractor or bulky goods sales room or showroom.

Stock and sale yard means a building or place used for the purpose of offering livestock or poultry for sale.

Sub-region means a subset of the Orana region.

Sustainable in the context of this plan refers to existing and proposed activities that, in the consent authority’s opinion, formed after considering advice provided to the consent authority by relevant government agencies, satisfy the environmental objectives of this plan.

Sustainable resource management means management with the aim of ensuring that the health, diversity and productivity of the nation’s natural resources are maintained or enhanced for the benefit of future generations through the conservation of biological diversity and the integrity of ecosystems.

Tavern means premises licensed for the sale of liquor but which do not provide overnight accommodation on a commercial basis.

Temporary use or structure means a use or structure that is intended to operate or be erected only for a specific period of time or in specific circumstances and that is not intended to continue or remain in place on a permanent basis. Where it involves the erection of any new structure, the structure must be designed, erected and maintained so as to be able to be quickly relocated or dismantled.

The Act means the Environmental Planning and Assessment Act 1979.

The City means the City of Dubbo.

Total retail floor space means the total retail floor space in Zones 3 (a), 3 (b) and 3 (c) in Dubbo as determined by the Council on 21 December 1998 for the purpose of determining the ratio of floor space between these three zones and calculated to be 86,454 square metres for the purposes of this plan.

Tourist accommodation means a building or buildings substantially used for the temporary accommodation of tourists, visitors and travellers which may have facilities for the convenience of patrons, such as restaurant rooms, convention areas and the like, but (in Part 3) does not include a building or place elsewhere defined in this dictionary or a building or place used for a purpose elsewhere defined in this dictionary.

Tourist facility includes an interpretation centre associated with a site of recognised historic, natural or cultural interest and a restaurant room used in association with a tourist facility located on the same site.

Transfer station means a place set aside for the collection and transfer of domestic and commercial waste.

Transport Corridor means the road and rail corridors identified as:

(a)  Mitchell Highway (comprised in part of Cobra Street and Victoria Street),

(b)  Newell Highway (comprised in part of sections of Whylandra, Erskine and Bourke Streets),

(c)  Mendooran Road,

(d)  Cobbora Road,

(e)  Main Western Railway Line,

(f)  Molong Railway Line,

(g)  Coonamble Railway Line,

(h)  Merrygoen Railway Line,

(i)  Boothenba Road, and

(j)  Bunglegumbie Road,

on the Zoning Map.

Transport depot means a building or place used for the parking or storage of motor-powered or motor-drawn vehicles used in connection with a passenger transport undertaking, business, industry or shop.

Turf farming means the commercial cultivation, and removal from land, of turf.

Utility undertaking means any undertaking carried on by or by authority of any Government department, or in pursuance of any Commonwealth or State Act, for the purpose of:

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

(b)  the provision of sewerage or drainage services, or

(c)  the supply of water, hydraulic power, electricity or gas, or

(d)  telecommunications facilities, or

(e)  firefighting facilities, or

(f)  paramedical facilities.

Vehicle body repair workshop means a building or place used for the repair of vehicles or agricultural machinery, involving body building, panel beating or spray painting.

Vehicle repair station means a building or place used for the purpose of carrying out repairs or the sale and fitting of accessories to vehicles or agricultural machinery, not being a vehicle body repair workshop.

Veterinary hospital means a building or place used for diagnosing or surgically or medically treating animals, whether or not animals are kept on the premises for treatment.

Warehouse or distribution centre means any building or place used mainly for:

(a)  storing goods, or

(b)  handling or displaying items (whether goods or materials) which have been produced or manufactured for sale, other than retail sale, to the public from the building or place.

Waste disposal facility means a place set aside for the disposal of domestic and commercial waste and includes landfill, but does not include any other place or use separately defined in this dictionary.

Waterway means land that is located within 40 metres of the highbank of a river or stream listed in Schedule 6.

Wetland means land that is inundated with shallow water that may be slow moving or stationary, fresh, brackish or saline, for a long enough period (either temporarily or permanently) so that the plants and animals living on or within the land are adapted to, and often dependent on, living in a wet condition for at least part of their life cycle.

Zoning Map means Sheets 1 and 2 of the map marked “Dubbo Local Environmental Plan 1998—Urban Areas”, as amended by the zoning maps (or specified sheets of maps) marked as follows:

Dubbo Local Environmental Plan 1998—Urban Areas (Amendment No 2)

Schedule 2 Development by public authorities

(Clause 14)

(1) The use of existing buildings of the Crown by the Crown.

(2) 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: (i) the construction of new railways, railway stations and bridges over roads, and (ii) 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 their design of railway stations or bridges, and (iii) the formation or alteration of any means of access to a road, and (iv) the erection, reconstruction and alteration of buildings for purposes other than railway purposes where such buildings have direct access to a public place.

(3) 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: (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 commencement of this plan 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 housings, 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 purpose before the commencement of this plan, provided reasonable notice of the proposed erection is given to the consent authority, (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 their design or external appearance, of buildings, or (ii) the formation or alteration of any means of access to a road.

(4) 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 their design or external appearance, 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 wharf or river undertakings, on land comprised in their undertakings, of any development required for the purpose 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 their design or external appearance, 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 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, 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 their design or external appearance, or (b) the formation or alteration of any means of access to a road.

(7) 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 their design or external appearance, 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 a road.

(9) The carrying out of any forestry work by the Forestry Commission or a school forest trust empowered under any relevant Act to undertake afforestation, road building, protection, cutting and marketing of timber, and other forestry purposes under any such Act or on any Crown land temporarily reserved from sale as a timber reserve under the Forestry Act 1916 .

(10) The carrying out by a rural lands protection board of any development required for the improvement and maintenance of travelling stock and water reserves, except: (a) the erection of buildings and the reconstruction or alteration of buildings so as materially to affect their design or purpose, or (b) 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 officers of the Department of Land and Water Conservation 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: (a) 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 their design or external appearance, or (b) the formation or alteration of any means of access to a road.

(12) The use of land for the purpose of construction and development of roads, drainage and public infrastructure services.

Schedule 3 Additional uses of land

(Clause 16)

Land known before the appointed day as:

Land within Zone 3 (e) known as lot 2522 DP 854382—fast food outlets as part of development of the site as a trade centre and sited in accordance with an approved structure plan for the entire development

Lots 14, 15 and 16 DP 242992—subdivision of each lot along the boundary between Zones 1 (b) and 4 (b) and the erection of one dwelling on each resulting allotment within Zone 1 (b)

Lots 8, 53 133 DP 753233 Narromine Road—erection of one dwelling per lot

Lots 307 and 423 DP 754308—erection of one manager’s dwelling on the land formed by the consolidation of the two lots

Land within Zone 2 (a) and fronting the south side of Cobra Street between Sterling and Palmer Streets, and land fronting Whylandra Street—motels (and including restaurants ancillary to motels), subject to advertising in accordance with clause 20 (2)

Lot 262 DP 599849—subdivision to create one additional lot of between 10 and 30 hectares in area at the northern extremity of the lot and the erection of one dwelling on that new lot

Lot 1 DP 795554, Victoria Street (east)—erection and use of bulky goods sales room or showroom or business premises, subject to satisfying the particular traffic and access issues associated with the site

Lots A, B and C DP 389677 and cnr lot A DP 371834, 328–330 Fitzroy Street (cnr Boundary Road)—erection and use of a tavern

Lot B, DP 162468, 92–94 Brisbane Street—light industry involving food processing/manufacturing

Lot 24 DP 811060, Dunedoo Road—development for the purpose of a Police and Citizens Youth Club

Lot 2 DP 575904, Nulla Road—erection of a single dwelling house

Lot 4 DP 632996 Nulla Road—erection of a single dwelling house

Those parts of lots 101 and 102, DP 546974, and lot 234 DP 812205 within Zone 6 (b), and lots 1, 2 and 3 DP 73084 within Zone 3 (e) in Erskine Street—bed and breakfast accommodation, guest houses or hostels, motels, restaurant or any other use allowed (with or without development consent) on land within Zone 3 (e), subject to the consent authority being satisfied that:

(a)  the lots are developed in conjunction with each other, and

(b)    (Repealed)

(c)  no development other than uses ancillary to the development, such as car parking or landscaping or both) is proposed on or over lot 102 DP 546974, and

(d)  appropriate and adequate measures are taken in the design of structures and the management and use of the land that reflects the degree of hazard, and

(e)  any building on the subject land will be constructed so that the underside of the floor slab and cross beams (transverse beams) and any associated services and ducting are above the known 1-in-100 year flood level, and

(f)  traffic impacts will be minimised, and

(g)  the visual amenity of the area will be preserved or enhanced having regard to the impact of the development on and from the river corridor

Lots 7, 127–132, 158 and 198 DP 753233, lot 2 DP 800756 and lots 1 and 2 DP 34229, Obley Road—development resulting in only one dwelling house on each allotment, subject to the Council being satisfied that:

(a)  each allotment on which a dwelling house is erected is being, or is intended to be, used for the purpose of sustainable intensive agriculture consistent with a property development plan, and

(b)  use of the dwelling house will be ancillary to the use of the allotment for that purpose, and

(c)  the dwelling house will be occupied by persons employed or engaged in that intensive agriculture on the allotment, and

(d)  the dwelling house will be the only dwelling on the allotment, and

(e)  the dwelling house will be erected within a building envelope approved by the consent authority and in a location that:

(i)  has been approved by the consent authority for the disposal of household effluent, and

(ii)  is above the flood standard adopted by the consent authority, and

(iii)  has reasonable access to a road and to a power supply, and

(iv)  will minimise adverse effects on the efficient use of the allotment and adjoining allotments for the purpose of intensive agriculture, and

(v)  has a setback to a public road of at least 20 metres, and

(f)  an irrigation system is in place for use in the intensive agriculture proposed to be carried out on the land, or the land comprises an allotment on which, but for the completion of a minor subdivision or boundary change under clause 13 (2), a dwelling house would be able to be erected, and

(g)  at least three of the following have already been or will be provided in conformity with a property development plan for the allotment:

(i)  specialised machinery suitable for the proposed agricultural use,

(ii)  specialised handling, processing and storage facilities available for the proposed agricultural use,

(iii)  specialised internal fencing on the allotment suitable for the proposed agricultural use,

(iv)  adequate road access to and within the allotment, taking into account its use for intensive agriculture and for the proposed dwelling house,

(v)  an adequate electrical distribution system providing electricity for the proposed agricultural use

sch 3: Am 13.10.2000.

Schedule 4 Commercial centres

(Clause 52)

Sub-regional	Orana Mall
Neighbourhood	Victoria Street Minore Road Tamworth Street Boundary Road Myall Street Bourke Street Websdale Drive Keswick
Commercial strips	Victoria Street (west) Erskine Street Bourke Street Cobra Street Windsor Parade Darling Street

Schedule 5 Heritage items

(Schedule 1)

Belmore Street
	No 7
Bishop Street
	No 1	(cnr James Street)
	No 19	(cnr Gipps Street)
Bourke Street
	—	Ranelagh (lot 518 DP 603598)
	—	Tantallon (lot 21 DP 715331)
	No 106
	No 108
	No 110
	No 122	(cnr Furney Street)
	No 135
	No 137
Brisbane Street
	No 72	Old Macquarie Brewery
	No 79
	No 81
	Nos 101–105	Ben Furney Flour Mills
	No 137	Court House
	No 142	Dubbo Lands Office
	No 144
	No 156	Holy Trinity Anglican Church
	No 161	Commercial Hotel
	No 162	Brotherhood House (No 51 Carrington Avenue)
	Nos 196–198	St Brigid’s Catholic Church (cnr Bultje Street)
	No 200	Catholic Presbytery
	No 201
	No 203	Aberdour
	No 234	Araluen (cnr Mitchell Street)
	No 236	Moira
	No 270	(cnr Charlotte Street)
Bultje Street
	No 45	Convent of Mercy
	No 52	Iownit
	No 104	(cnr Bourke Street)
	No 105	(cnr Gipps Street)
	No 108
	No 114	Dalkeith
	No 117	Pretoria
	No 122	Hazeldene (cnr Gipps Street)
Bunglegumbie Road
	6R	Mount Olive (lot 3 DP 250606)
Cadell Street
	No 6	Carrington Avenue
	No 40	Mayville—Infants’ School (See Nos 181–195 Darling Street)
	No 51	(See No 162 Brisbane Street)
Church Street	No 33	Former Masonic Hall
	No 36	Salvation Army Citadel
	No 62	The Drop Inn
	No 62	Wesley Centre Uniting Church
Cobra Street	Nos 44–46	The Sheiling
	No 69	(cnr Darling Street)
	No 121
Crum Avenue
	No 7
Dalton Street
	No 18
Darling Street
	No 33	(cnr Tamworth Street)
	No 54
	No 75	(cnr Macleay Street)
	Nos 82–86
	—	Railway Cottage (between the Main Western railway line and Erskine Street)
	No 111
	No 179
	Nos 181–195	Dubbo Public School (cnr Wingewarra Street)
	No 207
	209–215	Fire Station
	No 212
	No 224	(cnr Tamworth Street)
Dulhunty Avenue
	No 12
Erskine Lane
	Nos 7–9
Erskine Street
	No 21
	Nos 28–30	(cnr Park Street)
	No 45
	Nos 66–68
Fitzroy Street
	No 68
	No 120
	No 146
	—	Old Grandstand, Dubbo Showground (lots 206, 333, pt lots 306 and 308 and lot 310 DP 754308)
	No 169
	No 225	Shopfront only
	No 253
	No 261	Tutuila (cnr Denison Street)
Gipps Street
	No 63
	No 123
	Nos 125–125A
	No 127
	No 131
	No 148
	No 155	(cnr Bishop Street)
	No 178	(cnr Belmore Street)
	No 188	(cnr Tamworth Street)
Jubilee Street
	No 34
Macleay Street
	No 37
	Nos 68–70
	No 72
Macquarie Street
	Nos 69–79	Macquarie Chambers
	Nos 87–89	Westpac (cnr Church Street)
	No 98	Old Post Office
	Nos 110–114	National Australia Bank
	Nos 116–120	Colonial Mutual (cnr Church Street)
	Nos 131–135	Commercial Union
	Nos 157–162	The Western Stores
	No 193	The Old Shire (cnr Bultje Street)
	Nos 195–197	Kemwah (cnr Bultje Street)
	No 215	Old Dubbo Gaol and residence
	Nos 228–234	Dubbo Museum
	No 302	(cnr Mitchell Street)
	No 380	Cardiff
	No 385	Regand Park (lot 1 DP 910902)
Mitchell Street
	No 4
	No 6
Myall Street
	No 29
	No 34
	No 160
	—	Dubbo Base Hospital (lot 32 DP 747737)
Nancarrow Street
	No 8	Bonnie-Rigg
Obley Road
	21L	Cootha (lot 9 DP 753233)
	23	Dundullimal (lot 1 DP 800756)
	23L	Dundullimal—shed and stables (lot 1 DP 800756)
	—	Old Dubbo—site of old homestead (lot 31 DP 738069)
Old Dubbo Road
	—	Holmwood (lot 1342 DP 787623)
	—	Miriam (lot 2 DP 807767)
Quinn Street
	No 7
	No 11	(cnr Bourke Street)
	No 14	(cnr Bourke Street)
	No 15
	No 16	(cnr Bourke Street)
	No 19
	No 20
	No 23	Westcliff
	No 31
Short Street
	No 12	(cnr Hopetoun Street)
Smith Street
	No 13	(cnr Mitchell Street)
	No 16	(cnr Mitchell Street)
Talbragar Street
	Nos 89–91	Castlereagh Hotel (cnr Brisbane Street)
	Nos 112–120	Pastoral Hotel
	—	Old Station Master’s Residence (adjacent to Dubbo Railway Station)
	—	Dubbo Railway Station (opposite Victoria Park)
Tamworth Street
	No 27
	No 39
	No 44
	No 45
	No 47	Chesney
	No 62	(cnr Taylor Street)
	No 63	Baringa
	No 69
Taylor Street
	No 16	(cnr Tamworth Street)
Thorby Avenue
	No 8
Wingewarra Street
	No 83	CWA
	Nos 93–95	St Andrews Uniting Church (pt lot 19 DP 758361, cnr Carrington Avenue)
	—	St Andrews Church Hall (pt lot 19 DP 758361)
	No 133
	No 149	(cnr Bourke Street)
	No 173	Weeroona (cnr Gipps Street)
Other	—	Macquarie River Rail Bridge (west of railway station)

sch 5: Am 13.10.2000.

Schedule 6 Waterways

(Schedule 1)

Beni Creek
Cumboogle Creek
Eulomogo Creek
Mogriguy Creek
Sandy Creek
Troy Creek
Whylandra Creek
Macquarie River
Talbragar River

Schedule 7 Potential archaeological sites

(Schedule 1)

Editorial note—

This Schedule is blank until material is inserted in accordance with the definition of potential archaeological site in Schedule 1.

Schedule 8 Classification or reclassification of public land as operational land

(Clause 17A)

Dubbo
Erskine Street (adjoining Katrina Gibbs Park)	So much of lot 101 DP 546974 as is shown edged heavy red and coloured light green on the map marked “Dubbo Local Environmental Plan 1998—Urban Areas (Amendment No 3)”—Dubbo Local Environmental Plan 1998—Urban Areas (Amendment No 3)
41 and 43 Gilbert Street	Lots 101 and 102, DP 226481, as shown edged heavy red and coloured pink on Sheet 6 of the map marked “Dubbo Local Environmental Plan 1998—Urban Lands (Amendment No 2)”—Dubbo Local Environmental Plan 1998—Urban Lands (Amendment No 2)

sch 8: Ins 13.10.2000. Am 19.1.2001.