Bathurst Local Environmental Plan 1997

Part 1 Preliminary

1 Name of plan

This plan is called Bathurst Local Environmental Plan 1997.

2 Aims of plan

The principal aims of this plan are:

(a)  to provide an updated and simplified local environmental plan for the City of Bathurst, and

(b)  to facilitate the orderly and economic development of land, and

(c)  to promote the well-being of the community of Bathurst, and

(d)  to promote and strengthen the role of Bathurst as a regional centre, and

(e)  to enhance the environmental qualities of the area, and

(f)  to allow detailed provisions to be made to control development by means of development control plans.

The particular objectives and strategies applicable to land within a zone are set out in relation to the respective zones in the Table to clause 6.

3 Where plan applies

This plan applies to all land within the City of Bathurst.

4 Relationship to other environmental planning instruments

(1)  Subject to subclause (2), this plan repeals:

(a)  Bathurst Local Environmental Plan 1987,

(b)  Bathurst Local Environmental Plans Nos 49, 50, 53, and 55 to 58, and

(c)  City of Bathurst Planning Scheme Ordinance 1972 and Interim Development Order No 52—City of Bathurst, and

(d)  all other local environmental plans that, immediately before the appointed day, applied to the land to which this plan applies, but only to the extent that they applied to that land.

(2)  This clause does not operate so as to reclassify, or to alter, repeal or revoke the classification of, any land classified as operational land under the Local Government Act 1993.

(3)  Nothing in clause 7 (2) of State Environmental Planning Policy No 5—Housing for Aged or Disabled Persons prevents development for the purpose of housing for aged or disabled persons from being carried out within the heritage conservation area.

5 Consent authority

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

Part 2 Zoning control table

6 Zoning control table

(1)  The Table to this clause describes the objectives of each zone and (except as otherwise provided by this plan) the development that is permitted without development consent or only with development consent and the development that is prohibited on land in each zone. A description of how the zone is shown on the land use map is listed below:

Zone No 1 (a) (General Rural Zone)—coloured light brown.

Zone No 1 (b) (Market Garden Zone)—coloured dark brown.

Zone No 1 (c) (Rural Residential Zone)—coloured orange.

Zone No 1 (d) (Rural Special Purposes Zone)—coloured khaki.

Zone No 2 (a) (Residential Zone)—coloured light scarlet.

Zone No 3 (a) (General Business Zone)—coloured light blue.

Zone No 3 (b) (Service Business Zone)—coloured dark blue.

Zone No 4 (a) (Industrial Zone)—coloured purple.

Zone No 5 (a) (Special Uses—Public Purposes Zone)—coloured yellow.

Zone No 6 (a) (Local Recreation Zone)—coloured dark green.

Zone No 6 (b) (Regional Recreation Zone)—coloured light green.

(2)  The objectives of the zone are required to be taken into account by the Council before development consent is given to the carrying out of development within that zone. The Council must not grant consent for development unless it is satisfied that the proposed development is consistent with one or more of the objectives of the zone within which it is to be carried out.

Zoning Control Table

Zone No 1 (a)   General Rural Zone

1 Objectives of the zone

(1)  The objectives of the zone are:

(a)  to support and maintain the continued viability of agricultural development in rural areas, and

(b)  to enable development that is appropriate for broad acre productive land used for grazing and cropping, and

(c)  to provide for a range of compatible land uses to be carried out on land within the zone which are in keeping with the rural character of the locality and do not unnecessarily convert prime crop and pasture land to non-agricultural land uses, and

(d)  to protect or conserve the scenic environment by controlling the location of buildings and materials used, particularly in respect of development adjacent to a major road or located within a scenic protection area or within an identified remnant bushland area, and

(e)  to protect or conserve valuable deposits of minerals, coal, petroleum and extractive materials by controlling the location of development to enable the efficient extraction of those deposits.

(2)  Development for the purpose of the following is usually not consistent with the objectives of this zone:

boarding houses, bulky goods salesrooms or showrooms, generating works, motor showrooms, road transport terminals, service stations, vehicle body repair workshops, vehicle repair stations, warehouses.

2 Without development consent

Development for the purpose of:

agriculture, bushfire hazard reduction, home occupations, outbuildings (constructed with exteriors of non-reflective materials).

3 Only with development consent

Any development not included in Item 2 or 4.

4 Prohibited

Development for the purpose of:

advertisements (except those displayed in conjunction with a permissible use and situated on the land on which that use is conducted), commercial premises, dual occupancies, gas holders, industries (other than extractive, high technology, home or rural industries), residential units, shops.

Zone No 1 (b)   Market Garden Zone

1 Objectives of the zone

The objectives of the zone are:

(a)  to promote and maintain efficient sustainable agricultural utilisation of land, particularly vegetable culture, and

(b)  to conserve land that is identified by the Department of Agriculture as Class 1 or Class 2 agricultural land by ensuring that it is not unnecessarily converted to non-agricultural land uses, and any allotment created is capable of sustaining a range of agricultural land uses, and

(c)  to enable development that is sympathetic with the environmental characteristics of the land and is appropriate in a location suitable for market gardening, and

(d)  to permit the erection of buildings only on land on which the carrying out of such development will not increase the flood hazard rating or likely flood damage to any other property and is consistent with the objectives of the Bathurst Floodplain Management Plan or the Bathurst Floodplain Development Policy, whichever applies.

2 Without development consent

Development for the purpose of:

agriculture, bushfire hazard reduction, outbuildings with a gross floor area of 30 square metres or less (constructed with exteriors of non-reflective materials), home occupations.

3 Only with development consent

Any development not included in Item 2 or 4.

4 Prohibited

Development for the purpose of:

abattoirs, advertisements (except those displayed in conjunction with a permissible use and situated on the land on which that use is conducted), boarding houses, bulky goods salesrooms or showrooms, clubs, commercial premises, dual occupancies, feedlots, gas holders, generating works, industries (other than home and rural industries), junk yards, motor showrooms, refuges, residential units, road transport terminals, service stations, shops, vehicle body repair workshops, vehicle repair stations, warehouses, waste disposal or recycling depots.

Zone No 1 (c)   Rural Residential Zone

1 Objectives of the zone

(1)  The objectives of the zone are:

(a)  to enable rural residential housing and other compatible land uses to be carried out on land which is suitable and is not of prime agricultural value, and

(b)  to ensure that allotments created in rural residential estates do not hinder the proper and orderly development of urban areas in the future, and

(c)  to allow detailed provision to be made, by means of a development control plan, to specify the location of dwelling-houses and associated structures and the height, scale, bulk, construction material and colours for the exteriors of all structures, in order to protect and conserve the scenic value and rural amenity of the area, and

(d)  to ensure that development is sympathetic with the environmental character of the land so that the scenic quality of the land, particularly prominent ridge tops, is maintained and disturbances to the landscape are minimised, and

(e)  to ensure that allotments created in rural residential estates are adequate for the disposal of effluent and that any on-site effluent generated does not enter adjoining lands or impact on surface or ground water resources.

(2)  Development for the purpose of the following is usually not consistent with the objectives of this zone:

boarding houses.

2 Without development consent

Development for the purpose of:

agriculture, bushfire hazard reduction, home occupations, outbuildings with a gross floor area of 30 square metres or less (constructed with exteriors of non-reflective materials and in accordance with any relevant development control plan).

3 Only with development consent

Any development not included in Item 2 or 4.

4 Prohibited

Development for the purpose of:

abattoirs, advertisements (except those displayed in conjunction with a permissible use and situated on the land on which that use is conducted), bulky goods salesrooms or showrooms, commercial premises, dual occupancies, educational establishments, feedlots, forestry, fun parlours, gas holders, generating works, industries (other than home and rural industries), institutions, junk yards, liquid fuel depots, mines, motor showrooms, residential units, road transport terminals, sawmills, service stations, shops, stock and sale yards, timber yards, vehicle body repair workshops, vehicle repair stations, warehouses.

Zone No 1 (d)   Rural Special Purposes Zone

1 Objectives of the zone

(1)  The objectives of the zone are:

(a)  to enable development that is complementary to existing rural activities and sympathetic with the environmental characteristics of the land, and

(b)  to encourage and promote development in the vicinity of Mt Panorama which is compatible with motor racing activities, and

(c)  to discourage development which may prejudice Mt Panorama as an international motor racing circuit, and

(d)  to conserve prime crop and pasture land by ensuring that it is not unnecessarily converted to non-agricultural land uses.

(2)  Development for the purpose of the following is usually not consistent with the objectives of this zone:

animal establishments, motor showrooms, service stations, vehicle body repair workshops, vehicle repair stations.

2 Without development consent

Development for the purpose of:

agriculture, bushfire hazard reduction, home occupations.

3 Only with development consent

Any development not included in Item 2 or 4.

4 Prohibited

Development for the purpose of:

abattoirs, advertisements (except those displayed in conjunction with a permissible use and situated on the land on which that use is conducted), boarding houses, bulky goods salesrooms or showrooms, child care centres, commercial motor race hosting, commercial premises, dual occupancies, educational establishments, feedlots, fun parlours, gas holders, general stores, generating works, hospitals, industries (other than home and rural industries), institutions, junk yards, liquid fuel depots, mines, passenger transport terminals, places of public worship, professional chambers, refuges, residential units, road transport terminals, sawmills, shops, stock and sale yards, timber yards, warehouses.

Zone No 2 (a)   Residential Zone

1 Objectives of the zone

(1)  The objectives of the zone are:

(a)  to allow a variety of appropriately designed housing types within existing and new residential areas, and

(b)  to permit development for the purpose of residential units and dual occupancies only in those locations where such development is appropriate in terms of the surrounding residential density and, in this regard, to allow detailed provision to be made, by means of a development control plan, to set aside specific areas within the zone where medium density developments and dual occupancies may be carried out, and

(c)  to protect and conserve the historical and scenic quality of the City of Bathurst, and

(d)  to allow development within the zone for purposes other than housing, being development that is appropriate to a residential zone and that does not detrimentally affect the character or amenity of the locality, and

(e)  to enable development for the purpose of convenience shops to provide for the minor incidental shopping needs of the residents of the locality, and

(f)  to protect and conserve the rural atmosphere of the village areas.

(2)  Development for the purpose of the following is usually not consistent with the objectives of this zone:

animal establishments, commercial premises, roadside stalls, shops (other than general stores), take-away food outlets.

2 Without development consent

Development for the purpose of:

dwelling-houses, home occupations, playground equipment.

3 Only with development consent

Any development not included in Item 2 or 4.

4 Prohibited

Development for the purpose of:

advertisements (except those displayed in conjunction with a permissible use and situated on the land on which that use is conducted), bulky goods salesrooms or showrooms, fun parlours, gas holders, generating works, high density developments, industries (other than home industries), institutions, junk yards, liquid fuel depots, motor showrooms, road transport terminals, sawmills, timber yards, vehicle body repair workshops, vehicle repair stations, warehouses.

Zone No 3 (a)   General Business Zone

1 Objectives of the zone

(1)  The objectives of the zone are:

(a)  to enable a diverse range of development within the zone for retail, commercial and professional land uses, and

(b)  to encourage comprehensive development and growth which will reinforce the role of the Bathurst Central Business District as the retail, commercial and administrative centre of the City of Bathurst and its region, and

(c)  to protect and conserve the historic and scenic quality of the Central Business District, and

(d)  to accommodate the establishment of retail, commercial and professional services in appropriate locations within residential neighbourhoods where the scale and type of development is compatible with the amenity of the surrounding residential areas and does not prejudice the status and viability of the Central Business District as the retail, commercial and administrative centre of the City of Bathurst, and

(e)  to ensure that commercial development or other permitted development is consistent with the provisions of any development control plan adopted by the Council for localities within the zone.

(2)  Development for the purpose of the following is usually not consistent with the objectives of this zone:

animal establishments, vehicle body repair workshops, warehouses (other than those used in conjunction with a permissible use).

2 Without development consent

Development for the purpose of:

home occupations.

3 Only with development consent

Any development not included in Item 2 or 4.

4 Prohibited

Development for the purpose of:

advertisements (except those displayed in conjunction with a permissible use and situated on the land on which that use is conducted), gas holders, generating works, high density developments, industries (other than home and service industries), junk yards, liquid fuel depots, roadside stalls, road transport terminals, sawmills, timber yards.

Zone No 3 (b)   Service Business Zone

1 Objectives of the zone

(1)  The objectives of the zone are:

(a)  to permit a range of development within the zone for service business activities and associated land uses, and

(b)  to encourage appropriate, functional and aesthetic development and improvements along major roads, and

(c)  to encourage the establishment of service business activities (such as bulky goods salesrooms or showrooms) away from the Central Business District, and

(d)  to ensure that the type of retail activity does not prejudice the status and viability of the Central Business District as the retail centre of the City of Bathurst, and

(e)  to ensure that commercial development or other permitted development is consistent with the provisions of any development control plan adopted by the Council for localities within the zone.

(2)  Development for the purpose of the following is usually not consistent with the objectives of this zone:

animal establishments, junk yards, roadside stalls, warehouses (other than those used in conjunction with a permissible use and situated on the land on which that use is conducted).

2 Without development consent

Development for the purpose of:

home occupations.

3 Only with development consent

Any development not included in Item 2 or 4.

4 Prohibited

Development for the purpose of:

advertisements (except those displayed in conjunction with a permissible use and situated on the land on which that use is conducted), boarding houses, dual occupancies, dwellings (other than those used in conjunction with a permissible use and situated on the land on which that use is conducted), gas holders, generating works, industries (other than high technology, home and service industries), liquid fuel depots, mines, residential units, road transport terminals, sawmills, shops (unless ancillary to development permitted in the zone or catering to the local needs of the business area).

Zone No 4 (a)   Industrial Zone

1 Objectives of the zone

(1)  The objectives of the zone are:

(a)  to provide fully serviced land that is suitable for industrial uses, and

(b)  to encourage development which will contribute to economic growth and employment opportunities, and

(c)  to ensure that industrial or other permitted development is consistent with the provisions of any development control plan adopted by the Council for localities within the zone, and

(d)  to permit retail development to cater for the needs of the workforce within the industrial area, if such development does not prejudice the status and viability of the business areas within the City, and

(e)  to promote development that does not adversely impact on the natural and built environment, and

(f)  to provide and protect a passenger and freight transport corridor, transport terminals and other associated activities, and

(g)  to protect and conserve the scenic quality of the area.

(2)  Development for the purpose of the following is usually not consistent with the objectives of this zone:

abattoirs, boarding houses, bulky goods salesrooms or showrooms, granny flats, motor showrooms, offensive or hazardous industries, offensive or hazardous storage establishments, roadside stalls.

2 Without development consent

Development for the purpose of:

home occupations.

3 Only with development consent

Any development not included in Item 2 or 4.

4 Prohibited

Development for the purpose of:

advertisements (except those displayed in conjunction with a permissible use and situated on the land on which that use is conducted), commercial premises, dual occupancies, dwelling-houses (other than those used in conjunction with a permitted use and situated on the land on which that use is conducted), feedlots, forestry, mines, residential units, shops (unless ancillary to development permitted in the zone or catering to the local needs of the industrial area).

Zone No 5 (a)   Special Uses—Public Purposes Zone

1 Objectives of the zone

The objectives of the zone are:

(a)  to identify land which may be used for a particular public purpose, whether by a government or non-government body, and

(b)  to provide for the cultural and social needs of the community.

2 Without development consent

Nil.

3 Only with development consent

Development for the purpose of:

advertisements (displayed in conjunction with a permissible use and situated on the land on which that use is conducted), child care centres, community buildings, drainage, entertainment facilities, public facilities or buildings, recreation facilities or areas, roads, utility installations (other than gas holders or generating works).

4 Prohibited

Development not included in Item 3.

Zone No 6 (a)   Local Recreation Zone

1 Objectives of the zone

(1)  The objectives of the zone are:

(a)  to ensure there is adequate open space to meet the needs of the community and to enable land to be used for recreational purposes in a way that will not detrimentally affect the amenity of surrounding areas, and

(b)  to set aside land for future recreational needs, active or passive, for the community, and

(c)  to encourage a diversity of recreational settings and facilities and other community facilities, and

(d)  to sustain the use of privately owned land for recreational purposes, and

(e)  to protect and conserve the historical and scenic quality of the City of Bathurst.

(2)  Development for the purpose of the following is usually not consistent with the objectives of this zone:

animal establishments, fun parlours, general stores, heliports, roadside stalls.

2 Without development consent

Development for the purpose of:

agriculture, playground equipment.

3 Only with development consent

Any development not included in Item 2 or 4.

4 Prohibited

Development for the purpose of:

abattoirs, advertisements (except those displayed in conjunction with a permissible use and situated on the land on which that use is conducted), airports, bulky goods salesrooms or showrooms, commercial premises, dual occupancies, dwelling-houses (unless ancillary to development permitted in the zone), feedlots, gas holders, generating works, industries, institutions, junk yards, liquid fuel depots, mines, residential units, road transport terminals, sawmills, service stations, shops (unless ancillary to development permitted in the zone), stock and sale yards, vehicle body repair workshops, vehicle repair stations, warehouses, waste disposal or recycling depots.

Zone No 6 (b)   Regional Recreation Zone

1 Objectives of the zone

(1)  The objectives of the zone are:

(a)  to enable development that is complementary to or for the purpose of motor speed contests and associated activities, sport or recreation, and

(b)  to protect or conserve scenic value by controlling the siting of buildings and materials used and ensuring that development is sympathetic to the environmental characteristics of the land, and

(c)  to encourage and promote the development of Mt Panorama as a regional recreation facility and as an international motor racing circuit, and

(d)  to discourage development which may prejudice Mt Panorama as an international motor racing circuit.

(2)  Development for the purpose of the following is usually not consistent with the objectives of this zone:

animal establishments, fun parlours, general stores, roadside stalls, service stations, vehicle body repair workshops, vehicle repair stations.

2 Without development consent

Development for the purpose of:

agriculture, bushfire hazard reduction.

3 Only with development consent

Any development not included in Item 2 or 4.

4 Prohibited

Development for the purpose of:

abattoirs, airports, bulky goods salesrooms or showrooms, commercial premises, dual occupancies, dwelling-houses, feedlots, gas holders, generating works, industries, institutions, junk yards, liquid fuel depots, mines, residential units, road transport terminals, sawmills, shops (unless ancillary to development permitted in the zone), stock and sale yards, warehouses.

cl 6, table: Am 2.5.2001.

Part 3 Special provisions

7 Crown development

(1)  The Crown may carry out the following development without development consent:

(a)  use of buildings owned or leased by the Crown, and

(b)  development specified in Schedule 1.

(2)  This plan does not otherwise restrict or prohibit any such development.

8 Certain requirements not to apply

(1)  For the purpose of enabling development to be carried out in accordance with this plan (as in force at the time the development is carried out) or in accordance with a consent granted under the Act, any agreement, covenant or similar instrument imposing restrictions on development, to the extent necessary to serve that purpose, does not apply to the development.

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

(3)  Pursuant to section 28 of the Act, the Governor approved of subclauses (1) and (2) before the making of this plan.

9 Subdivision—general requirements

(1)  Land to which this plan applies must not be subdivided without development consent.

(2)  The Council may consent to the subdivision of land within Zone No 2 (a) only if all necessary services, particularly water, sewerage and drainage services, that will be required for use of the land after that subdivision will be available to the land immediately after the subdivision.

10 Advertised development

(1)  The Council must not grant consent to development described in Schedule 2 unless the application for consent has been placed on public exhibition in accordance with subclause (2).

(2)  Before determining an application referred to in subclause (1), the Council must:

(a)  place the application on public exhibition for a period of at least 14 days (public holidays excluded) at the offices of the Council,

(b)  give public notice of the exhibition at the commencement of the period referred to in paragraph (a) in a newspaper circulating in the locality, and

(c)  take into consideration any submission lodged during that period in respect of the proposed development.

11 Tree preservation order

(1)  The Council may make, revoke or amend a tree preservation order.

(2)  A person must not ringbark, cut down, lop, top or remove a tree to which a tree preservation order applies or carry out any other activity that may result in the demise of any tree without the consent of the Council.

(3)  This clause does not apply to trees in a State Forest or on other Crown-timber lands within the meaning of the Forestry Act 1916, to trees required to be trimmed pursuant to clause 23 of the Electricity (Overhead Line Safety) Regulation 1991 or to a plant declared to be a noxious weed under the Noxious Weeds Act 1993.

12 Mount Panorama environs

(1)  This clause applies to the land identified on the land use map by red hatching and the words “50dBA Noise Contour”.

(2)  The only development for residential purposes that may be carried out on the land to which this clause applies is development that could have been carried out on that land under Bathurst Local Environmental Plan 1987 as in force immediately before the appointed day.

13 Land liable to flood

(1)  This clause applies to land shown as being below the one percent AEP flood line on the map marked “Bathurst One Percent AEP Flood Inundation Map” dated 1992.

(2)  A person must not carry out any work or erect any structure on land to which this clause applies, except with the consent of Council.

(3)  The Council must not grant a consent required by subclause (2) unless it is satisfied that:

(a)  the proposed development will not increase the flood hazard rating of, or likely flood damage to, any other property or persons, and

(b)  the proposed development generally complies with the Bathurst Floodplain Management Plan or Bathurst Floodplain Development Policy (whichever applies) copies of which are available at the offices of the Council.

(4)  Development consent is not required by this clause if, in the opinion of the Council, the proposed development is of a minor nature and the Council is already satisfied that the proposed development meets the requirements of subclause (3) (a) and (b).

14 Scenic protection area

(1)  This clause relates to land shown on the land use map by black diagonal hatching and the words “Scenic Protection Area”.

(2)  A person must not carry out development on land to which this clause applies without development consent.

(3)  The Council must not grant a consent required by subclause (2) unless it has made an assessment of:

(a)  the height of any structures resulting from the proposed development and any effect this might have on views or vistas, and

(b)  the colours of materials to be used, and

(c)  the effect which the carrying out of the proposed development will have on (and, in particular, its visual impact on) approaches to the City of Bathurst, places of visual significance, views and park lands, and

(d)  the visual impact which carrying out of the proposed development will have on the environment generally, and

(e)  whether adequate provision has been made for the preservation of existing trees and landscaping of the site on which the development is proposed to be carried out.

15 Bathurst airport environs

(1)  A person must not, without the consent of the Council, erect a structure (such as a building) of a height exceeding the obstacle limitation surface height shown on the Obstacle Limitation Surface Plan.

(2)  The Council must not grant a consent required by subclause (1) unless it has given notice of the proposal to the Civil Aviation Safety Authority and taken into consideration any comments received from that Authority within 28 days after the notice was sent.

(3)  The Council must not consent to the development of land for the purpose of a building specified in the Table to this subclause if the ANEF for the land exceeds the maximum noise level set by the Table for that building.

Table

Building	Maximum Noise Level
church, dwelling-house, hospital, school or theatre	25dB(A)
hotel, motel, office or public building other than a public building listed elsewhere in this Table	30dB(A)

(4)  The Council must not consent to the development of land for the purpose of a building specified in the Table to this subclause if the ANEF for the land is within the noise level range set by the Table for that building unless the consent is subject to conditions specifying measures to be taken to insulate the development from noise, being measures based on the provisions of Australian Standard AS 2021–1994 (Acoustics—Aircraft noise intrusion—Building siting and construction) published by Standards Australia in 1994.

Table

Building	Noise Level
dwelling-house	20dB(A) or more but less than 25dB(A)
hotel, motel, office or public building	25dB(A) or more but less than 30dB(A)
commercial or industrial premises	30dB(A) or more

(5)  In this clause, ANEF means the Australian Noise Exposure Forecast, as shown on the ANEF plan.

16 Development for the purpose of advertisements

(1)  Despite the zoning control table, development for the purpose of an advertisement described in the Table to this subclause may be carried out without development consent, but only if:

(a)  the advertisement is displayed in conjunction with a permissible use and situated on the land on which that use is conducted, and

(b)  the development is carried out in accordance with the conditions (if any) imposed by the Table, and

(c)  in the opinion of the Council, the advertisement will not be visually detrimental to the streetscape.

Table   Advertisements Allowed Without Consent

Description of advertisement	Conditions to be met
Advertisement within a site, being an advertisement which is not visible from outside the site on which it is displayed.	Such an advertisement must not be displayed on a heritage item.
Real estate sign	Such a sign must not: (a)  be located above the roof or parapet of a building, or (b)  project outwards from a wall above awning level.
Temporary sign	None.
Public notice, being an advertisement displayed by a public authority and giving information or directions about the services provided.	None.
Window sign	None.
Business identification sign, being an advertisement that displays information relating to the place or premises to which it is fixed.	Such a sign must not: (a)  be located above awning level, or (b)  be displayed on a heritage item, or (c)  exceed 0.75 square metre in area.
Fascia sign, under-awning sign and top hamper sign	When displayed within Zone No 3 (a), 3 (b) or 4 (a).
Flush wall sign	When displayed within Zone No 3 (b) or 4 (a), such a sign: (a)  must not exceed 6 square metres in area, and (b)  must be the only flush wall sign attached to the wall, and (c)  must not be able to be seen from a State highway.
Pole or pylon sign	When displayed within Zone No 3 (b) or 4 (a), such a sign: (a)  must not exceed a height of 5 metres, and (b)  must not incorporate a sign panel exceeding 4.5 square metres in area, and (c)  must not be able to be seen from a State highway, and (d)  must be the only pole or pylon sign located on the site, and (e)  must not exceed the obstacle limitation surface shown on the Obstacle Limitation Surface Plan.

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

(a)  the advertisement relates to a specific building or place within the local government area of the City of Bathurst, and

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

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

17 Brothels

(1)  Despite the other provisions of this plan, the Council must not grant consent to development of land within Zone No 1 (a), 1 (b), 1 (c), 1 (d), 2 (a), 3 (a), 3 (b), 5 (a), 6 (a) or 6 (b) for the purpose of a brothel.

(2)  The Council may grant consent to development of land within Zone No 4 (a) for the purpose of a brothel, but only if the proposed development will be carried out no closer than 500 metres to a dwelling, educational establishment, place of public worship, recreation facility, shop or any other place where children may congregate.

18 Additional uses of land

Despite the zoning control table, development may be carried out, with the consent of the Council, in accordance with the following Table:

Table

Address/Location	Land Description	Development and conditions, if any
Gormans Hill Rd	Lots 22 and 24 DP830868	Development for the purpose of one dwelling-house on each lot.
Gormans Hill Rd	Lot 5 DP712527	Development for the purpose of a dwelling-house.
Havannah Street	Lot 1 DP195507	Development for the purpose of residential units.

19 Gasworks

Despite the other provisions of this plan, the Council must not consent to the use of land known as Pt Lot 8 DP758065 Section 104, located on the corner of Russell Street and Acheron Street, Bathurst, except for the purpose of a gasworks.

19A What is exempt and complying development?

(1)  Development of minimal environmental impact listed in Bathurst City Council Development Control Plan—Exempt Development as adopted by the Council on 21 July 1999 is exempt development, despite any other provision of this plan.

(2)  Development listed in Bathurst City Council Development Control Plan—Complying Development as adopted by the Council on 21 July 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.

(3)  Development is exempt or complying development only if it complies with the development standards and other requirements applied to the development respectively by Bathurst City Council Development Control Plan—Exempt Development and Bathurst City Council Development Control Plan—Complying Development as adopted by the Council on 21 July 1999.

(4)  A complying development certificate issued for any complying development is to be subject to the conditions for the development specified in Bathurst City Council Development Control Plan—Complying Development adopted by the Council, as in force when the certificate is issued.

cl 19A: Ins 5.11.1999.

19B William Street Car Park

For so long as the land described in SP 35451 (the Access Land) is in different ownership from the land known as the William Street Car Park, and for so long as the Access Land continues to be used as a retail shopping centre, in considering whether or not to grant any development consent in respect of the William Street Car Park, the Council shall take into consideration the following matters:

(a)  the extent to which provision has been made for the free movement of pedestrians from the William Street Car Park through and to SP 35451, and

(b)  the ease with which pedestrians may move from the William Street Car Park to and through SP 35451.

cl 19B: Ins 3.12.1999.

Part 4 Heritage provisions

20 Protection of heritage items, heritage conservation areas and relics

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

(a)  demolishing, defacing, damaging or moving a heritage item or a building, work, relic or place within a heritage conservation area, or

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

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

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

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

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

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

(4)  The Council may refuse consent to a development application required by this clause unless the Council has considered a conservation plan that will enable the Council to fully consider the impact of the proposed development on the heritage significance of the item and its setting or the heritage conservation area.

(5)  When considering applications for consent to development involving the erection of a building within a heritage conservation area, the Council must make an assessment of:

(a)  the pitch and form of the roof, and

(b)  the style, size, proportion and position of the openings for any windows and doors, and

(c)  whether the colour, texture, style, size and type of finish of the materials to be used on the exterior of the building are compatible with the materials used in the existing buildings on the site and in the heritage conservation area.

21 Conservation incentives

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

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

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

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

(a)  the floor space ratio, and

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

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

22 Heritage Council to be given prior notice of demolition consent

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

23 Development in the vicinity of a heritage item

The Council must not consent to a development application for consent to carry out development on land within 60 metres of the boundary of any land which is, or on which there is, 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.

24 Advertising of heritage applications

(1)  Except as provided by this clause, the provisions of clause 10 apply to and in respect of an application for consent for:

(a)  the demolition of a heritage item, or

(b)  the demolition of a building, work, relic or place within a heritage conservation area, or

(c)  the use of a building or land referred to in clause 21 for a purpose which, but for that clause, would be prohibited under this plan.

(2)  This clause does not apply to the partial demolition of a heritage item or the demolition of a building or work within a heritage conservation area if, in the opinion of the Council, the partial demolition or demolition will be of a minor nature and will not adversely affect the environmental heritage of the City of Bathurst.

Part 5 Rural provisions

25 Subdivision—rural zones

(1)  The Council must not consent to an application for consent to subdivide, for the purposes of agriculture, land within one of the zones specified in the Table to this subclause unless each of the allotments to be created by the proposed subdivision will have at least the minimum area set by the Table for an allotment in the zone concerned.

Table

Zone No	Minimum area per Allotment
1 (a)	200 ha
1 (b)	20 ha
1 (c)	1.0 ha
1 (d)	200 ha

(2)  Despite subclause (1), the Council may grant consent to an application for consent to subdivide land in Zone No 1 (c) to create an allotment of not less than 0.4 hectare if the allotment is to be connected to the Council’s sewerage reticulation and water reticulation systems.

(3)  Despite subclause (1), the Council may grant consent to an application for consent to subdivide land so as to create allotments of less than the minimum areas specified in subclause (1) if the Council is satisfied that each such proposed allotment is intended otherwise than for use for the purpose of agriculture or a dwelling-house.

(4)  Despite subclause (1), the Council may grant consent to an application for consent to subdivide land so as to create an allotment in Zone No 1 (a) or 1 (d) of less than the relevant minimum area specified in subclause (1) (but not less than 20 hectares) if the Council is satisfied that each such proposed allotment is intended for use for the purpose of an intensive agricultural pursuit which will augment the agricultural output of the land.

(5)  The Council must not grant consent to an application referred to in subclause (4) unless the Council is satisfied that:

(a)  the land will be used as specified in that subclause, and

(b)  the subdivision will not significantly reduce the agricultural viability of the land from which the proposed allotments are to be excised, and

(c)  the subdivision will permit proper soil conservation management practices which will ensure the long-term suitability of any intensive agricultural pursuit.

26 Dwelling-houses—rural zones

(1)  The Council must not consent to an application for consent to erect a dwelling-house within one of the zones specified in the Table to this subclause unless the allotment on which the dwelling-house is proposed to be erected:

(a)  has an area not less than the minimum area set by the Table for an allotment in that zone, and is vacant, or

(b)  comprises the whole of an existing holding, the area of which is less than the minimum area set by the Table for an allotment in that zone, and is vacant, or

(c)  comprises an allotment created pursuant to clause 25 (4), and is vacant, or

(d)  comprises an allotment lawfully created before the appointed day (being an allotment on which a dwelling-house might have been lawfully erected immediately before that day), and is vacant.

Table

Zone No	Minimum area for erection of dwelling-house
1 (a)	200 ha
1 (b)	20 ha
1 (c)	1.0 ha
1 (d)	200 ha

(2)  Despite subclause (1), the Council may consent to an application for consent to erect a dwelling-house on an allotment within Zone No 1 (c) if the allotment:

(a)  has an area of not less than 0.4 hectare, and

(b)  is connected to the Council’s sewerage reticulation and water reticulation systems, and

(c)  is vacant.

(3)  Despite subclause (1), the Council may consent to an application for consent to erect a dwelling-house on an allotment within Zone No 1 (a) or 1 (b) which is not vacant if the proposed dwelling-house:

(a)  is intended to be used as a rural worker’s dwelling, or

(b)  is to be located within 100 metres of any other existing dwelling-house on the land, or

(c)  is intended to replace a dwelling-house that is proposed to be demolished, or is proposed to be altered so that it may be used for a land use (other than as a dwelling-house) ancillary to the use of the land for the purpose of agriculture.

(4)  In this clause, vacant means devoid of a dwelling-house.

27 Holiday cabins—Zone No 1 (d)

(1)  In this clause, holiday cabin means a cabin which:

(a)  is capable of being used as a dwelling, and

(b)  does not have more than 120 square metres of gross floor area.

(2)  This plan does not prevent a person, with the consent of the Council, from carrying out development for the purpose of a holiday cabin on land within Zone No 1 (d).

(3)  The Council must not grant such a consent unless it is satisfied that:

(a)  the cabin will be erected:

(i)  on land on which there already is a dwelling-house, and

(ii)  within 50 metres of the dwelling-house situated on that land, and

(iii)  not closer than 40 metres to the boundary of the Mt Panorama racing circuit, and

(b)  use of the cabin will not result in the construction of any additional vehicular access point to a public road.

(4)  A holiday cabin on any such land must not be used as a dwelling by the same person for more than a total of 6 weeks (whether consecutive or not) in any calendar year.

Part 6 Dictionary

28 Definitions

(1)  In this plan:

abattoir means a building or place used for the slaughter of animals or for the processing of animal carcasses or by-products, and includes a knackery.

advertisement means a display, by the use of symbols, messages or other devices, for promotional purposes or for conveying information, instructions, directions or the like, whether or not the display includes the erection of a structure, the use of a stationary motor vehicle (other than a registered vehicle on the formed carriageway of a public street) instead of a structure or the carrying out of a work.

agriculture means:

(a)  the cultivation of crops, including cereals, fruit and vegetables and flower crops, or

(b)  the keeping or breeding of livestock, bees or poultry or other birds,

for commercial purposes but, in the zoning control table, does not include a feedlot or any other land use elsewhere specifically defined in this plan.

alter, in relation to a heritage item or to a building or work within a heritage conservation area, means:

(a)  make structural changes to the outside of the heritage item, building or work, or

(b)  make non-structural changes to the detail, fabric, finish or appearance of the outside of the heritage item, building or work, not being changes resulting only from maintenance of the existing detail, fabric, finish or appearance of the outside of the heritage item, building or work.

ANEF plan means the plan marked “Australian Noise Exposure Forecast Plan for the Bathurst Aerodrome” deposited in the office of the Council.

animal establishment means a building or place used for the breeding, boarding, training or keeping of, or for caring for, animals for commercial purposes (except in connection with the use of land for the purposes of agriculture), and includes a riding school and a kennel or cattery.

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

artificial waterbodies has the same meaning as in Schedule 3 to the Environmental Planning and Assessment Regulation 1994.

attic means that space within a building which is situated between the ceiling of the highest floor and the underside of the roof structure.

basement means that space within a building between one floor level and the floor level next above, where the greatest part of the space is below natural ground level.

boarding house means a residential building (other than a single dwelling) let in lodgings where accommodation, meals and laundry facilities are provided to residents of the boarding house or place, but which is not licensed to sell liquor within the meaning of the Liquor Act 1982, and includes a hostel, lodging house and bed and breakfast establishment (if they are not class 1a or 1b buildings within the meaning of the Building Code of Australia).

brothel means a building or place used for commercial gain for the purpose of prostitution and includes premises used by only one prostitute for the purpose of prostitution.

bulky goods salesroom or showroom means a building or place used primarily for the sale by retail or auction, or the hire or the display, of items (whether goods or materials) which are of such 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 or hire,

but does not include a building or place used primarily for the sale of foodstuffs or clothing.

bushfire hazard reduction means a reduction or modification (by controlled burning or mechanical or manual means) of material that constitutes a bushfire hazard.

camp or caravan park means a site used for the purpose of:

(a)  placing moveable dwellings (as defined in the Local Government Act 1993) for permanent accommodation or for the temporary accommodation of tourists, or

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

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

child care centre means a building or place used for the purpose of supervising or caring for children which:

(a)  caters for 5 or more under school age children, whether or not those children are related to the owner or operator of the building or place, and

(b)  may include an educational function, and

(c)  may be operated for the purpose of gain,

but does not include a building or place providing residential care for those children (other than those related to the owner or operator).

club means a building or place 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 part of the building or place is the premises of a club registered under the Registered Clubs Act 1976.

commercial motor race hosting means the use of land to provide viewing areas for motor racing for a fee or reward to 13 or more persons. It may or may not include the provision of accommodation, food or drink.

commercial premises means a building or place used as an office or for other business or commercial purposes but, in the zoning control table, does not include a building or place elsewhere specifically defined for the purposes of this plan.

community building means a building or place used to provide for the physical, social, cultural or intellectual development or welfare of the local community and may include such things as:

(a)  a public library, or

(b)  public health, welfare or information services, or

(c)  rest rooms, or

(d)  meeting or recreation facilities, or

(e)  child minding facilities,

or any similar facilities.

conjoint shop means a shop physically attached to or situated on the same land as a building used for the purpose of an industry, a warehouse or a bulk store and in which shop only goods manufactured or produced in that building are exposed or offered for sale, or sold, by retail.

conservation plan means a document, including diagrams, establishing the heritage significance of a heritage item or a heritage conservation area and identifying the conservation policies and management mechanisms that are appropriate to enable that significance to be retained.

Council means the Council of the City of Bathurst.

demolition, in relation to a building or work, means the damaging, defacing, destruction, pulling down or removal of that building or work, in whole or in part.

development has the meaning ascribed to it in section 4 of the Act.

dual occupancy means development that results in two dwellings (whether attached or detached) on a single allotment of land (or which would be on a single allotment were it not for the fact that the allotment is to be subdivided as part of the development), but does not include development for the purpose of a granny flat.

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 that contains one but not more than one dwelling.

educational establishment means a building or place used for education and includes:

(a)  a school, and

(b)  a tertiary institution, being a university, TAFE establishment or other tertiary establishment providing formal education, which is constituted by or under an Act, and

(c)  an art gallery or museum that is not used to sell the items displayed in it,

whether or not accommodation for staff or students, or both, is provided and whether or not used for the purpose of gain.

entertainment facility means a building or place used for the purpose of sport, entertainment, exhibitions or displays and includes:

(a)  sports stadiums, showgrounds, racecourses and the like, and

(b)  theatres, cinemas, music halls, concert halls, open air theatres, drive-in theatres and the like.

exhibition home means a dwelling-house used for display purposes which is converted for use solely as a dwelling-house within 12 months after the final building inspection following its original construction has been completed.

existing holding means:

(a)  the area of a lot, portion or parcel as it was at 27 March 1987, or

(b)  where, as at 27 March 1987, a person owned 2 or more adjoining or adjacent lots, portions or parcels, the aggregation of the areas of those lots, portions or parcels as they were at 27 March 1987.

extractive industry means:

(a)  development involving the winning or removal of extractive material from the land, or

(b)  an industry or undertaking (other than a mine) which depends for its operation on the winning or removal of extractive material from the land on which it is carried out.

extractive material means a substance such as sand, soil, gravel, clay, turf, rock or stone, but does not include coal, shale, petroleum, uranium or other mineral within the meaning of the Mining Act 1992.

fascia sign means an advertising structure attached to the fascia or return of an awning.

feedlot means a building or place, other than an animal establishment, in which or on which cattle, sheep or other livestock are held for the purpose of nurturing either wholly or partly by a feeding method other than grazing.

floor means the space within a building which is situated between one floor level and the floor level next above or, if there is no floor level above, the ceiling above or, if there is no ceiling above, the underside of the roof structure, but does not include an attic or a basement.

flush wall sign means an advertising structure attached to the wall of a building (other than the transom of a doorway or display window) and not projecting more than 300mm from the wall.

forestry includes arboriculture, silviculture, forest production, the cutting, dressing and 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 and for forest protection.

fun parlour means a building or place open to the public for which the dominant use is the operation, playing or viewing of amusement devices that are coin operated.

general store means a shop trading principally in groceries, smallgoods and associated small items for residents in its vicinity.

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

granny flat means a dwelling connected (and subordinate) to another larger dwelling on the same allotment of land whether physically attached to the other dwelling or not.

gross floor area means the sum of areas of each floor of a building, where the area of the floor is taken to be the area within the outer face of the external enclosing walls when measured at a height of 1.4 metres above each floor level, excluding:

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

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

(c)  carparking to meet any requirement of the Council and any internal access to it, and

(d)  space for the loading and unloading of goods, and

(e)  internal public arcades and thoroughfares, terraces and balconies with outer walls less than 1.4 metres high.

height, in relation to a building, means the vertical distance between the finished ground level abutting the front wall of the building and the underside of the ceiling of the topmost floor of the building immediately above the point of measurement.

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

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

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

heritage item means a building, work, relic, tree or place described in Schedule 3.

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

high density development means residential development in the form of residential units where the residential density is greater than 110 persons per hectare.

high technology industry means the manufacturing of goods for commercial purposes which requires the use of technologically advanced buildings, machinery or techniques but, in the zoning control table, does not include development elsewhere defined in this clause.

home industry means a light industry carried on in a building other than a dwelling, where:

(a)  the building is erected on the allotment on which the dwelling is located, and

(b)  the light industry does not occupy an area of more than 50 square metres, and

(c)  the light industry is undertaken by the permanent residents of the dwelling whether or not others are employed, and

(d)  the light industry does not interfere in any way with the amenity of adjoining properties or the locality in which the dwelling is situated, and

(e)  the light industry does not involve exposure to view from any adjacent premises or from any public place of any unsightly matter, and

(f)  the light industry does not require the provision of any essential service main of a greater capacity than that available in the locality.

home occupation means an occupation carried out in a dwelling where the occupation 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 the residents of the dwelling, or

(c)  interference in any way with the amenity of adjoining properties or the locality in which the dwelling is situated, or

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

(e)  the display of a sign, other than a non-illuminated sign not exceeding 50 centimetres in width or 25 centimetres in height indicating 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 at the dwelling.

horse training complex or facility means land used for the breeding, keeping or training of racehorses, for gain or reward.

hospital means a building or place used for the purpose of providing professional health services (including preventative care, diagnosis, medical or surgical treatment or counselling) to people and may include ancillary facilities for accommodation, shops and educational and research facilities.

hotel means the premises specified or proposed to be specified in a hotelier’s licence granted under the Liquor Act 1982, whether or not accommodation is provided at the premises.

industry means the manufacturing, assembling, altering, repairing, renovating, ornamenting, finishing, cleaning, washing, dismantling, processing or adapting of goods or any articles for commercial purposes which requires registration under the Factories, Shops and Industries Act 1962 but, in the zoning control table, does not include a use of land elsewhere defined in this clause.

institution means a penal or reformative establishment.

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

land use map means the series of maps marked “Bathurst Local Environmental Plan 1997” kept in the office of the Council, as amended by the maps (or specified sheets of maps) so kept and marked as follows:

Bathurst Local Environmental Plan 1997 (Amendment No 3)

Bathurst Local Environmental Plan 1997 (Amendment No 4)

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

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

medical centre means a building or place, other than a dwelling-house, used for the purpose of providing professional health services (such as preventative care, diagnosis, medical or surgical treatment or counselling) to out-patients only.

medium density development means residential units designed to be occupied by no more than 110 persons per site hectare.

mine means a place which depends for its operation on the winning or removal of any material to which the Mining Act 1992 or the Petroleum (Onshore) Act 1991 applies, and includes a place used for the storage and primary processing of the material obtained.

motel means premises, not being a hotel, boarding house or residential unit, used for the temporary or short-term accommodation of travellers, whether or not the premises are also used in the provision of meals to those travellers or the general public.

motor showroom means a building or place used or intended for use for the display or sale of motor vehicles, caravans or boats and their accessories.

motor speed contest and associated activities means motor sport events approved by the Council and other associated activities determined by the Council to be appropriate for any motor sport event.

Obstacle Limitation Surface Plan means the map marked “Obstacle Limitation Surface Plan for the Bathurst Aerodrome” deposited in the office of the Council.

occasional markets means a building or place jointly used by a group of retailers for the selling of goods on a temporary basis, being a building or place so used not more than 25 times in any one calendar year.

offensive or hazardous industry means an industry which, if in operation and when all measures proposed to reduce or minimise its impact on the locality were employed (such as measures to isolate the industry from existing or likely future development on other land in the locality), would:

(a)  emit a polluting discharge (such as noise) in a manner which would have a significant adverse impact in the locality or on existing or likely future development on other land in the locality, or

(b)  pose a significant risk to human health, life, property or the biophysical environment.

offensive or hazardous storage establishment means any establishment at which goods, materials or products are stored and which, if in operation and when all measures proposed to reduce or minimise its impact on the locality were employed (such as measures to isolate the establishment from existing or likely future development on other land in the locality), would:

(a)  emit a polluting discharge (such as noise) in a manner which would have a significant adverse impact in the locality or on existing or likely future development on other land in the locality, or

(b)  pose a significant risk to human health, life, property or the biophysical environment.

one percent AEP flood means the one percent annual exceedence probability flood.

outbuilding, in relation to land used for the purpose of agriculture, means any building the use of which is ancillary to the use of the land for that purpose, but does not include a dwelling-house, a building used for or in association with a rural industry, or a roadside stall.

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 facilities required for parking, manoeuvring, storage or routine servicing of any vehicle forming part of that undertaking.

place of public 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.

pole or pylon sign means an advertising structure erected on a pole or pylon independent of any building or other structure.

professional chambers means a room or a number of rooms forming part of, attached to, or within the curtilage of, a dwelling-house and used or intended for use by not more than 3 professionally qualified practitioners who practise their profession there and who, if more than one, practise in partnership, and employ not more than 3 employees in connection with that practice.

public facility or building means the use of land or a building for a purpose such as an aerodrome, educational establishment, car park, church, hospital, institution, offices, stock and sale yard, railway or like purpose of social benefit to the community, by the Crown, a statutory body, a council, a county council or an organisation established for public purposes.

public 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 providing:

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

(b)  water, hydraulic power, electricity or gas, or

(c)  sewerage or drainage services, or

(d)  telecommunications facilities.

real estate sign means an advertising structure in respect of a place, premises or land which contains only a notice that the place, premises or land is or are for sale or letting, together with particulars of the sale or letting, that is not displayed for more than 14 days after letting or completion of the sale of the place, premises or land to which the sign relates.

recreation facility or area means a building, place or area intended for use:

(a)  as a children’s playground, or

(b)  for sporting activities or sporting facilities, or

(c)  to provide facilities for recreational or leisure activities which promote the physical, cultural or intellectual welfare of the community,

but, in the zoning control table, does not include a building, place or area elsewhere specifically defined for the purposes of this plan.

refreshment room means a restaurant, cafe, tearoom, eating house or the like, but excludes a take-away food outlet.

refuge means a dwelling, dwelling-house or boarding house in which persons referred to in State Environmental Planning Policy No 9—Group Homes as “socially disadvantaged persons” reside.

relic means any deposit, object or material evidence (including human remains) relating to:

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

(b)  Aboriginal habitation of the Bathurst City Council area either before or after its occupation by persons of European extraction.

residential units means three or more dwellings (whether attached or detached) on a single allotment of land, (or which would be on a single allotment were it not for the fact that the allotment is to be subdivided as part of the proposed development).

retail plant nursery means a building or place used for growing and selling plants, whether or not it is also used for the sale of landscape supplies (including earth products) or other landscape and horticultural products.

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

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

rural industry means a business activity involving:

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

(b)  the regular servicing or repairing of plant or equipment used for the purpose of agriculture or for the purpose of a business activity referred to in paragraph (a).

rural worker’s dwelling means a dwelling:

(a)  located on land on which a dwelling-house is located, and

(b)  used as the place of residence by persons whose principal employment is for the purpose of agriculture or a rural industry on that land.

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

service industry means a trade or industry and associated business activity having as its main purpose the cleaning, dismantling, maintenance, repair, re-assembly, renovation, refurbishing or repainting of goods, but does not include development elsewhere defined for the purposes of this plan.

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

(a)  the retail selling or the installing of spare parts and accessories for motor vehicles,

(b)  the washing and greasing of motor vehicles,

(c)  the repairing and servicing of motor vehicles (other than body building, panel beating and spray painting),

(d)  the hiring of trailers,

(e)  the retail selling or hiring of small consumer goods.

shop means a building or place used for selling goods or materials, whether by retail or auction, or for hiring or displaying goods or materials for the purpose of selling or hiring them, but, in the zoning control table, does not include a building or place elsewhere specifically defined for the purposes of this plan.

showground means a place used for agricultural and horticultural shows, camping areas, exhibitions of animals, goods and services, parking, public entertainment, specialised stock sales, sporting activities (including training activities) and stabling of animals, or for auctions (but not used on a permanent basis as a stock and sale yard).

site area, in relation to development, means the area of land to which an application for consent to carry out development relates, exclusive of any land on which the development is not permitted by or under any environmental planning instrument.

stock and sale yard means a building or place used for the purpose of offering livestock or poultry for sale (whether by auction or otherwise).

take-away food outlet means a food outlet, other than a refreshment room, offering as its primary activity a take-away food service, whether or not seating is also provided for on-site food consumption, and may also include provision for drive-through service.

temporary sign means an advertising structure of a temporary nature which:

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

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

(c)  is not displayed for more than 28 days before or after the event.

the Act means the Environmental Planning and Assessment Act 1979.

timber yard means a place used for storing or cutting milled timber, or both.

top hamper sign means a sign attached to the transom of a doorway or display window of a building.

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

under awning sign means a sign attached to the underside of an awning (other than the fascia or return end).

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

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 carrying out repairs or selling and fitting accessories to vehicles or agricultural machinery, but does not include a building or place used for:

(a)  body building, or

(b)  panel beating which involves dismantling, or

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

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.

village means the village of Eglinton, Raglan or Perthville.

warehouse means a building or place used mainly for storing or handling items (whether goods or materials) which have been produced or manufactured for distribution to other premises.

waste disposal or recycling depot means a building or place used for the disposal or recycling (or both) of waste materials whether domestic, commercial or industrial.

wholesale market means a building or place used for the sale of goods to retailers, but does not include a building or place used for the purpose of long-term storage.

window sign means an advertising structure attached to, or displayed on, the shop window.

(2)  In this plan, a reference to a map is a reference to a map deposited in the office of the Council and available for inspection during office hours.

(3)  The list of contents of this plan is not part of this plan.

cl 28: Am 5.11.1999; 2.5.2001; 17.8.2001; 22.3.2002.

Schedule 1 Crown development

(Clause 7)

1 Rail Transport

The carrying out by persons carrying on railway undertakings on land comprised in their undertakings of:

(a)  any development required in connection with the movement of traffic by rail, including the construction, reconstruction, alteration, maintenance and repair of ways, works and plant, and

(b)  the erection within the limits of a railway station of buildings for any purpose,

but excluding:

(c)  the construction of new railways, railway stations and bridges over roads,

(d)  the erection, reconstruction and alteration of buildings for purposes other than railway undertaking purposes outside the limits of a railway station and the reconstruction or alteration of railway stations or bridges so as materially to affect their design, and

(e)  the formation or alteration of any means of access to a road, and

(f)  the erection, reconstruction and alteration of buildings for purposes other than railway purposes where such buildings have direct access to a public place.

2 Water, Sewerage, Drainage, Electricity and Gas

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 appointed day of any plant or other structures or erections required in connection with the station or substation,

(c)  the installation or erection of any plant or other structures or erections by way of addition to or replacement or extension of plant or structures or erections already installed or erected, including the installation in an electrical transmission line of substations, feeder-pillars or transformer housing, but not including the erection of overhead lines for the supply of electricity or pipes above the surface of the ground for the supply of water, or the installation of substations, feeder-pillars or transformer housings of stone, concrete or brickworks,

(d)  the provision of overhead service lines in pursuance of any statutory power to provide a supply of electricity,

(e)  the erection of service reservoirs on land acquired or in the process of being acquired for that purpose before the appointed day, provided reasonable notice of the proposed erection is given to the Council,

(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 of buildings so as materially to affect their design or external appearance, or

(ii)  the formation or alteration of any means of access to a road.

3 Air Transport

The carrying out by persons carrying on public utility undertakings, being air transport undertakings, on land comprised in their undertakings, within the boundaries of any aerodrome, of any development required in connection with the movement of traffic by air, including the construction, reconstruction, alterations, maintenance and repair of ways, buildings, 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.

4 Road Transport

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 ways, 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.

5 Mines

The carrying out by the owner or lessee of a mine (other than a mineral sands mine), on the mine, of any development required for the purposes of a mine, except:

(a)  the erection of buildings and the reconstruction or alteration of buildings, so as materially to affect their design or external appearance, or

(b)  the formation of any means of access to a road.

6 Roads

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.

7 Forestry

The carrying out of any forestry work by the Forestry Commission, a school forest trust or community forest authorities empowered under relevant Acts to undertake afforestation, roading, protection, cutting and marketing of timber and other forestry purposes under those Acts or on any Crown land temporarily reserved from sale as a timber reserve under the Forestry Act 1916.

8 Pastures Protection

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 function, design or external appearance, or

(b)  any development designed to change the use or purpose of any such reserve.

9 Water Resources

The carrying out or causing to be carried out by a Council engaged in flood mitigation works or by 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 the erection 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.

Schedule 2 Advertised development

(Clause 10)

1 In respect of land within Zone No 2 (a), development for the purpose of: (a) clubs, or (b) home industries, or (c) motels, or (d) institutions, or (e) making alterations or additions to a building the use of which is lawful only because it is an existing use.

2 Development for the purpose of: (a) fun parlours, or (b) premises licensed to sell fermented or spirituous liquor, or (c) residential units, or (d) boarding houses, or (e) commercial premises, other than a newsagency or pharmacy, where: (i) publications classified Category 1 restricted, Category 2 restricted or RC (Refused Classification) under the Classification (Publications, Films and Computer Games) Act 1995 of the Commonwealth are shown, exhibited, displayed, sold or otherwise made accessible or available to the public, or (ii) a business to which section 578E of the Crimes Act 1900 applies is conducted, or (f) brothels.

Schedule 3 Heritage Items

(Clause 28)

Item No	Property Description	Property Address	Name or Historical Name (Item Description
1	DP750385 Por Pt 38	Goulburn Rd, Perthville	Perthville Hotel (previously Bridge Hotel)
2	Lots 5, 6 & 11 DP758840 Sec 16, Lot 5 DP758840 Sec 15, Lots 4–6 DP111494, Lots 1, 2 & 8–12 DP758840 Sec 20, Lots 295, 296 & 322 DP750354	Bathurst St, Perthville	St Joseph’s Convent
3	Lot 2 DP758840	22 Rockley St, Perthville	Inter-War Gothic Church
4	DP750357 Por Pt 31	838 Vale Rd, Perthville	The Perthville Church (Uniting Church)
5	DP750357 Por Pt 31	829 Vale Rd, Perthville	Roselands
6	DP840186 Lot Pt 3	720 Vale Rd, Perthville	Rainham
7	Lot 5 DP794352	135 Lagoon Rd, Bathurst	Morovia (Moreauvia)
8	Lot Pt 1 DP854205	622 Vale Rd, Bathurst	Orton Park
9	Lot 201 DP791124	White Rock Rd, Bathurst	Soldier Settlers’ Cottage (incl toilet & barn)
10	Lot 141 DP771779	218 Gormans Hill Rd, Bathurst	Merembra Homestead
11	Lot 9 DP603425	23 Ethelton Ave, Bathurst	Ethelton Cottage (incl garden & outbuilding)
12	Lot Pt 7 DP758719	Blayney Rd, Evans Plains	Presbyterian Church
13	Lot 2 DP758719	Stewart St, Evans Plains	House (formerly shop)
14	Lot 4 DP758719 Sec 9	Stewart St, Evans Plains	Brooklyn (formerly Post Office)
15	Lot Pt 1 DP852012	Stewart St, Evans Plains	House (formerly convent)
16	Lot 1 DP533876	311 Ophir Rd, Bathurst	Abercrombie House
17	DP750397 Por Pt 1	296 Ophir Rd, Bathurst	Strath (Mt Pleasant)
18	Lot 6 DP594198	192 Mill Lane, Eglinton	Westbourne
19	Lot Pt 4 DP16832	20 Mill Lane, Eglinton	Kellosheil
20	DP755779 Por Pt 72	27 Alexander St, Eglinton	St Luke’s Anglican Church
21	Lot 55 DP829571	Loren St, Eglinton	Late Victorian Homestead
22	Lot 1 DP855150	135 Thomas Dr, Eglinton	Alloway Bank
23	Lot 1 DP745859	310 Eleven Mile Dr, Eglinton	Cangoura
24	Pt DP446613	Peel Rd, Kelso	Ardsley
25	Lot 332 DP812100	Ophir Rd, Bathurst	Walmer
26	Lot 2 DP806085	Ophir Rd, Bathurst	Avoca
27	Lot 21 DP804072	158 Eleven Mile Dr, Eglinton	Former Blackdown Mill
28	Lot 22 DP804072	90 Eleven Mile Dr, Eglinton	Blackdown
29	Lot 1 DP808063	Ophir Rd, Bathurst	Llanarth
30	Lot 41 DP849516	Ophir Rd, Bathurst	Ermington Park (formerly Excelsior)
31	Lot B1 DP163005 DP750357 Pt Por 141	Ophir Rd, Bathurst Ophir Rd, Bathurst	Bradwardine All Saints Administration Building & Chapel
32	Lot 1 DP125776 & Lot 1 DP724302	Howick St, Bathurst	Bathurst Base Hospital (excl later additions to northeast & cancer care cottage)
33		Browning St, Bathurst	Bathurst Gaol & Residence
34	Lot Pt D DP154122 & Lot B DP347292	268 Keppel St, Bathurst	Monteagle
35	Lot 1 DP194919, Lot 2 DP630185 & Lot C DP376285	281 Keppel St, Bathurst	Blair Athol
36	Lot B2 DP162336 Sec 66	320 Russell St, Bathurst	Delaware
37	Lot 1 DP741263 Sec 65	101 Hope St, Bathurst	Yarras (formerly Waranang)
38	Lots 1 & 2 DP513035 Sec 44	294 Russell St, Bathurst	Oakstead (formerly Presbyterian Manse)
39	Lot 1 DP153252 Sec 45	130 Hope St, Bathurst	House
40	Lot 1 DP701196 Sec 28	218 Keppel St, Bathurst	Pentilly
41	Lot 1 DP112322 & Lot A DP150593	321 Russell St, Bathurst	Miss Trail’s House (formerly All Saints Rectory, Entally, & Wyoming)
42	Lot A DP159516 Sec 25	156 Durham St, Bathurst	Antique Shop (formerly Belle-Maine Hotel)
43	Lot 1 DP741334 Sec 19	60 Stewart St, Bathurst	House
44	Lot A DP157954 Sec 20	25 Rankin St, Bathurst	House
	Lot 2 DP629708 Sec 20	27 Rankin St, Bathurst	House
	Lot 1 DP629708 Sec 20	29 Rankin St, Bathurst	House
	Lot 1 DP795046 Sec 20	31 Rankin St, Bathurst	House
45	Lot 11 DP758065 Sec 17	117, 119 & 121 Rankin St, Bathurst	Rankin Cottage
46	Lot 13 DP592774 Sec 112	361 Rankin St, Bathurst	The Tamarisks
47	Lot 1 DP998618 Sec 7	162 Rankin St, Bathurst	Cottage
	Lot 3 DP557358 Sec 7	164 Rankin St, Bathurst	Terrace of Cottages
	Lot 2 DP557358 Sec 7	166 Rankin St, Bathurst
	Lot 1 DP557358 Sec 7	168 Rankin St, Bathurst
48	Lot D DP160016 Sec 14	227 George St, Bathurst	Variety Store (formerly Barber’s Shop)
49	Lot A DP371946 Sec 14	221 George St, Bathurst	Two Storey Commercial Building (formerly residences)
50	Lot 3 DP747536 Sec 14	124 Keppel St, Bathurst	The Bathurst Hall (formerly Oddfellows Hall)
51	Lot 2 DP202916	121A Keppel St, Bathurst	Webbs Store Group incl warehouses, emporium and surrounds
	Lot 12 DP748606	181A George St, Bathurst
	Lot 11 DP748606	181 George St, Bathurst
	Lot 6 DP221430	179 George St, Bathurst
	Lots 5, 7 & 8 DP221430	173 George St, Bathurst
	Lot 9 DP221430	169 George St, Bathurst
	Lot 1 DP125440	191 George St, Bathurst	Bassett House
52	Lot 1 & 2 DP788005	1 George St & 16 Stanley St	Old Government House Group
53	Lot 1 DP247891 & Lot 26 DP758065	29 William St, Bathurst	Bathurst Bowling Club (formerly police barracks)
54	Lot 10 DP848312	165 Howick St, Bathurst	Two Storey Victorian Commercial Buildings
	Lot 3 DP22751 Sec 2	169 Howick St, Bathurst
	Lot A & B DP390461 Sec 2	171A Howick St, Bathurst
	Lot 5 DP22751 Sec 2	173 Howick St, Bathurst
	Lot 6 DP22751 Sec 2	175 Howick St, Bathurst
55	Lot Pt 1 DP230882 Sec 151	Howick St, Bathurst	St Stephen’s Presbyterian Church
56	Lots 1 & 2 DP856918 Sec 151	83 William St, Bathurst	Technical College Group, incl Technical College Annex (formerly Public School); Former Headmaster’s Residence (excluding timber & brick additions) & open space to Howick St
57	Lot B DP158600 Sec 151	93 William St, Bathurst	Commercial Buildings
58	DP154723 Sec 151	101 William St, Bathurst	Commercial Buildings
59	DP758065 Sec Pt 151	Church St, Bathurst	Cathedral Hall (formerly All Saints Parochial School and residence)
60	DP758065 Sec Pt 151 & Lot 1 DP126062	Church St, Bathurst	All Saints Cathedral (Chancel only)
61	DP758065 Sec 71	Russell St, Bathurst	Kings Parade incl Carillion Tower
62	Lots 2, 3, 5, 6 & 7 DP758065 Sec 6	Russell St, Bathurst	Bathurst Court House
63	Lot 11 DP851096 Sec 6	William St, Bathurst	Machattie Park incl Machattie Park Cottage & Machattie Park Drinking Fountain
64	Lots Pts 2–4 DP758065 Sec 13	84 George St, Bathurst	Roman Catholic Chancery Office
65	Lots Pts 19 & 20 DP758065 Sec 13	William St, Bathurst	Cathedral of St Michael & St John
66	Lot 1 DP150787 Sec 13	121 William St, Bathurst	House
	Lot 1 DP567544 Sec 13	125 William St, Bathurst	House
	Lot 2 DP567544 Sec 13	127 & 129 William St, Bathurst	Attached Residences
67	Lot A DP150995 Sec 37	182 George St, Bathurst	Houses
	Lot 1 DP150765 Sec 79	184 George St, Bathurst
	Lot A DP158812 Sec 78	196 Rocket St, Bathurst
68	Lots 1 & 2 DP715979 & Lot 8 DP758065	198 George St, Bathurst	Hatherley
69	Lots 1 & 2 DP194438 Sec 79	205 William St, Bathurst	House (formerly Methodist Parsonage)
70	Lot 1 DP509777 Sec 79	219 William St, Bathurst	House (formerly Morven)
71	Lot 1 DP798720 Sec 79	227 William St, Bathurst	The Lindens
72	Lot 236 DP750357	Browning St, Bathurst	Dormitory Block, Administration Block, Ponton Theatre & Secretary’s Residence, CSU
73	Lots 242 & 251 DP750357	Browning St, Bathurst	Brick Farm Buildings (cow shed, barn & stables) Charles Sturt University
74	Lot 11 DP258529 Sec 119	306 William St, Bathurst	Holmhurst (formerly Catholic Presbytery & St Joseph’s Orphanage)
75	Lot 1 DP542931 Sec 80	292 William St, Bathurst	House (formerly Bishop’s Court)
76	Lot 11 DP793618 Sec 80	280 William St, Bathurst	Kennington
77	Lot 2 DP535506 Sec 80	247 Bentinck St, Bathurst	House
78	Lot 1 DP719457 Sec 36	110 Lambert St, Bathurst	Adar
79	Lot 1 DP744180 Sec 33	208 William St, Bathurst	Cottage Terraces
	Lots Pts 11 & 12 DP758065 Sec 33	210 William St, Bathurst
	Lots Pts 11 & 12 DP758065 Sec 33	212 William St, Bathurst
	Lots Pts 11 & 12 DP758065 Sec 33	214 William St, Bathurst
	Lot 1 DP737817 Sec 33	216 William St, Bathurst	Corner Shop
80	Lot 1 DP329668 Sec 12	William St, Bathurst	Oxford Hotel
81	Lot 1 DP998115 Sec 12	89 Piper St, Bathurst	House
82	Lot Pt 7 DP758065 & Lot 1 DP530137	164 William St, Bathurst	Restaurant & residence (formerly Cuzner’s Shop)
83	Lot A DP163678 Sec 5 (SP13030, SP21060, SP22568)	142 William St, Bathurst	Brooke Moore Centre (formerly Methodist Parsonage and Brooke Moore Residence)
84	Lot B DP163678 Sec 5	113 Keppel St, Bathurst	Hollydene (formerly Methodist Parsonage)
85	Lot 21 DP227089 Sec 5	99 Keppel St, Bathurst	Carrington House (formerly Masonic Hall)
86	Lots 1–3 DP783440 Sec 5	William St, Bathurst	Uniting Church (formerly Methodist Church) and Bathurst Community Day Centre (formerly Methodist Chapel & Methodist Hall)
87	Lot 1 DP79955 Sec 5	126 William St, Bathurst	Lamplighters Restaurant (formerly Galloping Grape, AMP Society Building)
	Lot 1 DP75330 Sec 5	116 William St, Bathurst	Commonwealth Bank
88	Lots 1 & 3–11 DP748377 Sec 4	108 William St, Bathurst	Royal Hotel
89	Lot 7 DP602566 Sec 4	86 William St, Bathurst	Westpac Bank (formerly Bank of NSW)
90	Lot 4 DP34660 Sec 4	73 Bentinck St, Bathurst	Bentinck & Howick Group of terrace cottages/ commercial buildings
	Lot 1 DP196982 Sec 4	71 Bentinck St, Bathurst
	Lot 1 DP794613 Sec 4	67 Bentinck St, Bathurst
	Lot 1 DP708789 Sec 4	194 Howick St, Bathurst
	Lot 2 DP34660 Sec 4	196 Howick St, Bathurst
	Lot 1 DP34660 Sec 4	198 Howick St, Bathurst
	Lots 100 & 101 DP618290	200–202 Howick St, Bathurst
91	Lots 1 & 2 DP758065 & Lot Pt 2 DP257276	Kendall Ave, Bathurst	Bathurst Showground Group, incl Beau Brown, Trevitt, Howard, Sinclair, Leitch & CES English (formerly caged birds) Pavilions, Caretaker’s residence & Showground environs and trees
92	Lot 103 DP803065	4–8 Stephens Lane, Kelso	House
93		Macquarie River	Denison Bridge
94	DP499587 Sec 9	52–60 Bentinck St, Bathurst	Gladstone Terrace
	DP582025 Lot 50 Sec 9	62 Bentinck St, Bathurst	House
95	Lots 1–4, 19–25, 28 & 30 DP2067 & Lot 2 DP184456 Sec 9	50 Bentinck St, Bathurst	Dairy Farmers Factory (formerly Convict Hospital)
96	Lots A–C DP161775	81–85 Keppel St, Bathurst	Sparta Corner (formerly Gladiator Building)
97	Lot 21 DP591199	46–8 Piper St, Bathurst	Attached Residences (formerly Railway Hotel)
98	Lots 1–3 DP125813, DP750357 Por 226 & 161, DP758065 Sec 118, & Lots 11–20 Sec 117	Bentinck St, Bathurst	St Stanislaus College & Curtilage
99	Lot 24 DP192843 Sec 85	91 Havannah St, Bathurst	Havannah St Group, incl Federation House & Terraces
	Lot 14 DP588742 Sec 85	93 Havannah St, Bathurst
	Lot 13 DP588742 Sec 85	95 Havannah St, Bathurst
	Lot 12 DP588742 Sec 85	97 Havannah St, Bathurst
	Lot 11 DP588742 Sec 85	99 Havannah St, Bathurst
	Lot B DP197477 Sec 85	101 Havannah St, Bathurst
	Lot 1 DP734173 Sec 85	103 Havannah St, Bathurst
	Lot 1 DP798297 Sec 85	105 Havannah St, Bathurst
	Lot E DP39282 Sec 85	107 Havannah St, Bathurst
	Lot D DP39282 Sec 85	109 Havannah St, Bathurst
	Lot C DP39282 Sec 85	111 Havannah St, Bathurst
	Lot B DP39282 Sec 85	113 Havannah St, Bathurst
	Lot A DP39282 Sec 85	115 Havannah St, Bathurst
100	Lot 8 DP623425 Sec 85	46 Keppel St, Bathurst	Loxley House
101	Lot 11 DP569151 Sec 85	38 Keppel St, Bathurst	Centennial Terraces
	Lot 10 DP569151 Sec 85	40 Keppel St, Bathurst
	Lot 9 DP569151 Sec 85	42 Keppel St, Bathurst
102	Lot Pt 15 DP192843 Sec 85	20 Keppel St, Bathurst	Terraces
	Lot 1 DP794598 Sec 85	22 Keppel St, Bathurst
	Lot 24 DP707128 Sec 85	24 Keppel St, Bathurst
	Lot Pt 14 DP192843 Sec 85	26 Keppel St, Bathurst
103	Lot 1 DP782323 & Lot A DP389015	7 Keppel St, Bathurst	Tremain’s Mill (formerly Victoria Mill)
	Lot 1 DP126084 & Lot 1 DP66860	3 Keppel St, Bathurst	Victoria Hotel
104		Macquarie River	Bathurst-Kelso Railway Bridge
105		Keppel St, Bathurst	Railway Station and Station Master’s House
106	Lot 1 DP846171	26 Bant St, Bathurst	Shop (Bant St Pottery)
107	Lot 5 DP573241 & DP750357 Por Pt 95	Bant St, Bathurst	St Barnabas Anglican Church
108	Lot 27 & Lot Pt 26 DP978692	10 Busby St, Bathurst	Ben Chifley Cottage
109	Lot Pt 1 DP724177	Gormans Hill Rd, Bathurst	St Vincent’s Hospital
110	Lot Pt 1 DP197914	84 Gormans Hill Rd, Bathurst	Gorman’s Hill Inn
111	DP750357 Por Pt 8	Gormans Hill Rd, Bathurst	Waterworks & Bathurst Pumping Station
112	Lot 11 DP634392	White Rock Rd, Kelso	Wallaroi (formerly Claremont)
113	Lot 1 DP997809	Oberon Rd, Kelso	Littlebourne
114	Lot 2 DP738760	37 Sydney Rd, Kelso	The Kelso Hotel
115	Lot 8 DP555024	67 Sydney Rd, Kelso	Antique Shop & Residence (formerly Roman Catholic Church & Schoolhouse and Hereford)
116	Lot 2 DP571712	Sydney Rd, Kelso	Kelso Post Office Group, incl Butcher’s Shop, Post Office & General Store
	Lot 1 DP571712	54 Sydney Rd, Kelso
	Lot 1 DP738707	48 Sydney Rd, Kelso
117	Lot 82 DP789992	30 Sydney Rd, Kelso	Kelsoville (formerly Broombee), incl Stables & Coach House
118	Lot 43 DP258319	138 Sydney Rd, Kelso	Lifeline/Kelso Community Centre (formerly All Nations Hotel)
119	Lot 2 DP841361	24 Gilmour St, Kelso	Woolstone
120	Lot 1 DP531750	4 Allambie Blvde, Kelso	House
121	DP755781 Por Pt 82	81 Gilmour St, Kelso	Rectory & Cemetery—Holy Trinity Church
	Lot 1 DP650680	75 Gilmour St, Kelso	Holy Trinity Church
	Lot 61 DP816507	Gilmour St, Bathurst	Holy Trinity Church School/Hall
122	Lot 79 DP861977	7 Robina Close, Kelso	The Wolery
123	Lot 1 DP620397	131 Gilmour St, Kelso	Rosemont
124	Lot 131 DP788491	French Smith Place	Holy Family School (formerly Marsden School)
125	Lot Pt 4 DP601407	Raglan	Raglan Railway Station
126	DP755781 Por Pt 75	Sydney Rd, Kelso	Violet Hill (formerly Springdale & Abbotsford)
127	Lot 1 DP848201	Piper St, Bathurst	Crago Mill
128		George St (between Howick & Keppel Sts), William St (between Durham & Keppel Sts), Howick St (between George & William Sts), and Keppel St (between George & Havannah Sts incl the light standard in front of the Bathurst Railway Station)	Central Lamp Standards
129	Lot 2 DP998878	266 Piper St, Bathurst	Two Storey Residence
130	DP750357 Por Pt 31	Evans Plains Rd, Perthville	Hen and Chicken Inn