Part 1 Preliminary
1 Name of plan
This plan may be cited as Baulkham Hills Local Environmental Plan 1991.
2 Aims, objectives etc
(1) The aims of this plan are:(a) to provide planning controls for the Shire which update and consolidate into a single local environmental plan the various planning controls that currently apply to the Shire, and(b) to create a broad framework of controls and allow the opportunity for more detailed provisions relating to matters of local significance to be contained in development control plans, and(c) to promote the efficient utilisation of land, services and support facilities in existing urban areas and to provide for the orderly growth of new urban areas which promote a high level of residential amenity, and(d) to facilitate and encourage development which is compatible with the environmental amenity and heritage of the Shire, and(e) to facilitate the implementation of the objects of the Environmental Planning and Assessment Act 1979.(2) The objectives of this plan are:(a) to modify planning controls having regard to growth and change in the Shire, and(b) to protect areas from inappropriate development and ensure that local amenity is maintained and enhanced, and(c) to encourage a high standard of employment related development suited to the environmental quality of the Shire, and(d) to maintain and improve commercial development opportunities in the business areas identified in this plan, and(e) to co-ordinate the economic and equitable provision and utilisation of community facilities and services, and(f) to provide opportunities for public and private recreation facilities related to local needs, and(g) to provide opportunities for tourism and recreational development in appropriate locations, and(h) to recognise and provide for the variety of agricultural, recreational, residential, natural, cultural and other land uses which form the rural environment of the Shire, and(i) to ensure that environmentally sensitive areas are identified and suitably protected, and(j) to conserve the environmental heritage of the Shire, and(k) to encourage a safe and efficient transport network connecting land use activities within the Shire and adjoining areas.
3 Land to which plan applies
This plan applies to the land within the Shire of Baulkham Hills as shown on the map, with boundaries as indicated on the map.
4 Relationship to other environmental planning instruments
This plan repeals:(a) the Shire of Baulkham Hills Planning Scheme Ordinance, and(b) such other local environmental plans and deemed environmental planning instruments as, immediately before the appointed day, applied to the land to which this plan applies, but to the extent only to which those plans and instruments applied to the land to which this plan applies.
5 Definitions
(1) In this plan:additions and alterations related to an existing dwelling means additions or alterations to a dwelling-house lawfully erected, including garages, swimming pools and outbuildings or structures incidental to a dwelling-house, but not including tennis courts, squash courts and the like.advertisement means a sign, notice, device or representation in the nature of an advertisement visible from any public place or public reserve or from any navigable water.advertising structure means a structure used or to be used principally for the display of an advertisement.agricultural products establishment means a building or place used for the sale of goods or materials used in agricultural production, but does not include a building or place elsewhere specifically defined in this clause.agriculture includes horticulture and the use of land for any purpose of husbandry, including the keeping or breeding of livestock, poultry or bees, and the growing of fruit, vegetables and the like, but not for the purpose of poultry farming establishments, pig keeping establishments, intensive animal industries or intensive horticulture establishments.airline terminal means a building or place used for the assembly of passengers and goods prior to the transport of those passengers and goods either to or from an airport or an aerodrome.alter, in relation to a heritage item or to a building or work within a 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 including changes resulting from maintenance of the existing detail, fabric, finish or appearance of the outside of the heritage item, building or work.amusement park means a place where amusements or mechanical or electronic entertainments are permanently situated.apartment building means a building containing 3 or more dwellings where each dwelling does not necessarily have direct access to private open space at natural ground level.appointed day means 1 March 1991.aquaculture means the cultivation of plants or rearing of fish or other organisms (including crustaceans and oysters) in water.attached dual occupancy means the erection of two dwellings, or the modification of an existing dwelling to create a second dwelling, under a common roof on a single allotment of land.bed and breakfast establishment means an establishment in an existing dwelling house which:(a) has the owner as a permanent resident living in the dwelling-house, and(b) provides temporary accommodation, up to a maximum of 1 month, for the short term traveller, and(c) offers no more than three guest rooms, and accommodation for no more than 6 guests, at any one time, and(d) provides one off-street parking space per guest room,(e) offers meals for guests only served with non-alcoholic beverages, and(f) does not contain cooking facilities in guest rooms for preparation of meals by guests, and(g) exhibits a notice, advertisement or sign which does not exceed 0.6m2, and is located adjacent to the front property boundary, and(h) complies with all relevant requirements of the Building Code of Australia, and(i) provides a smoke detection system in the building in accordance with requirements of AS 3786 which is:(i) connected to a permanent 240V power supply,(ii) provided with a battery backup to activate the alarm unit in the event of failure of the permanent power supply, and(j) provides a fire extinguisher and a fire blanket in the kitchen.bulky goods retailing means the retailing of large goods which are, in the opinion of the Council, of such a size and shape as to require:(a) a large area for handling, storage or display, and(b) easy and direct vehicular access to enable the goods to be collected by customers after sale, andbut does not include the retailing of food, clothing, books or the like.(c) a floor space area of no less than 500 square metres,bus depot means a building or place used for the servicing, repair and garaging of buses and other vehicles used for the purposes of a bus transport undertaking.bus station means a building or place used as a terminal for the assembly and dispersal of passengers travelling by bus.bushfire fighting establishment means a building appurtenant to the operation of a bush fire brigade formed or organised under the Rural Fires Act 1997, unless elsewhere specifically defined in this clause.bushfire hazard reduction means a reduction or modification (by controlled burning, or by mechanical or manual means) of material that constitutes a bushfire hazard.car repair station means a building or place used for the purpose of carrying out repairs to motor vehicles or agricultural machinery, not being motor body manufacture and repair.caravan park means land (including a camping ground) on which caravans (or other moveable dwellings) are, or are to be, installed or placed.caretaker’s dwelling means a dwelling occupied by a person employed by the Council for the purpose of providing security or maintenance services to the land on which the dwelling stands.child care centre means a building or place used to provide a child care service within the meaning of the Children (Care and Protection) Act 1987.civic centre means a building or place:(a) that is owned and controlled by the Council, and(b) that is used for the benefit of the community, andand includes a building or place that is owned and controlled by the Council and is used by the Council as an administrative centre.(c) that may include commercial premises, community facilities, educational establishments, entertainment centres and reception establishments,classified road means a road or work, or a proposed road or work, declared under the Roads Act 1993 to be:(a) a main road, or(b) a secondary road, or(c) a State highway, or(d) a tourist road, or(e) a State work, or(f) a freeway, orand shown on the map by a continuous blue centre-line.(g) a controlled access road,club means a building used by persons associated, or by a body incorporated, for social, literary, political, sporting, athletic or other lawful purposes, whether of the same or a different kind, and whether or not the whole or a part of the building is the premises of a club registered under the Registered Clubs Act 1976.commercial premises means a building or place used as an office or for other business or commercial purposes, but does not include a building or place elsewhere specifically defined in this clause or a building or place used for a land use elsewhere specifically defined in this clause.community facility means a building or place owned or controlled by the Council and used for the purpose of providing facilities comprising or relating to any one or more of the following:(a) a public library,(b) public health services,(c) rest rooms,(d) meeting rooms,(e) indoor recreation,(f) child minding,(g) a public building,or used for any other like purpose.(h) a restaurant,conservation area means the land edged heavy black and marked “Conservation Area” on the map.convenience store means a shop which, at the appointed day, was a service station and at which:(a) a variety of goods, including foodstuffs, personal care products, household cleaning products and small items of hardware are sold, and(b) petrol, oil and petroleum products are sold (whether or not other goods are also sold), and(c) other goods may be made available for hire within an ancillary area.Council means the Council of the Shire of Baulkham Hills.dam means a barrier, embankment or excavated earth structure used to retain water for agricultural, domestic or commercial purposes.demolition means the damaging, defacing, destruction, pulling down or removal of a building or work, in whole or in part.detached dual occupancy means the erection of two free-standing dwellings or the erection of a second free-standing dwelling on a single allotment of land.dwelling means a room or suite of rooms occupied or used, or so constructed or adapted as to be capable of being occupied or used, as a separate domicile.dwelling-house means a building containing one, but not more than one, dwelling.educational establishment means a building used as a school, college, technical college, academy, lecture hall, gallery or museum, but does not include a building used wholly or principally as an institution or child care centre.environmentally integrated housing means development consisting of:(a) the subdivision of land, andbeing development that incorporates and protects (normally as common or neighbourhood property) substantial environmentally significant or sensitive areas of that land, including natural drainage channels, important vegetative and topographic features, geotechnical hazard areas and the like.(b) the erection of three or more dwellings of any type on the land so subdivided,exhibition home means an unoccupied dwelling-house used for display purposes.existing holding means an allotment, portion or parcel of land as it was in existence at 6 May 1988.extractive industry means:(a) the winning of extractive material, or(b) an industry or undertaking, not being a mine, which depends for its operations on the winning of extractive material from the land on which it is carried on.extractive material means sand, gravel, clay, turf, soil, rock, stone or any similar substance.filling of land means filling of land by raising the natural ground level through deposition of clean (uncontaminated) excavated natural, earthy material, such as topsoil, lime, clay or sand, above the natural or pre-existing ground level, in association with a land use for which consent has been granted, where the landfill deposited exceeds one metre in depth or a total area of 100m2, but does not include top dressing to an average depth of 50mm or less.firewood establishment means a building or place used for the sale of firewood (or for the splitting of firewood, if firewood is sold from the building or place).forestry includes arboriculture, sylviculture, forest protection, 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 or for forest protection.generating works means a building or place used for the purpose of making or generating gas, electricity or other forms of energy.gross floor area means the sum of the areas of each floor of a building, where the area of each floor is taken to be the area within the outer face of the external enclosing walls measured at a height of 1,400 millimetres above each floor level, but does not include:(a) columns, fin walls, sun control devices and any elements, projections or works outside the general lines of the outer face of the external wall, or(b) lift towers, cooling towers, machinery and plant rooms and ancillary storage space and vertical air-conditioning ducts, or(c) car-parking needed to meet any requirements of the Council and any internal access thereto, or(d) space for the loading and unloading of goods.guest house means a building or place (not being licensed to sell liquor), where accommodation, together with meals and laundry facilities, is provided, but only to residents of the guest house.health care premises means a room or a number of rooms forming either the whole or part of, or attached to or within the curtilage of, an existing dwelling-house comprised of not more than 3 practice rooms to be used only by legally qualified:(a) medical practitioners, or dentists within the meaning of the Dentists Act 1989, orwho practise therein the profession of medicine, dentistry or health care, respectively, and used by not more than 3 such persons in total who employ a total of not more than 3 employees in connection with all of the practices at any one time.(b) health care professionals,health care professional means a person who renders professional health services to members of the public, and is:(a) a registered podiatrist within the meaning of the Podiatrists Act 1989, or(b) a chiropractor or an osteopath, or a chiropractor and an osteopath, registered under the Chiropractors and Osteopaths Act 1991, or(c) a physiotherapist registered under the Physiotherapists Registration Act 1945, or(d) an optometrist registered under the Optometrists Act 1930, or(e) any other person professionally registered, pursuant to an Act of Parliament, to dispense health care.height, in relation to a building, means the greatest distance measured vertically from any point on the ceiling of the topmost floor of the building to the natural ground level immediately below that point.helipad means an area or place not open to public use which is set apart for the taking off and landing of helicopters.heliport means an area or place open to public use which is set apart for the taking off and landing of helicopters, and includes terminal buildings and facilities for the parking, servicing and repair of helicopters.Heritage Council means the Heritage Council of New South Wales constituted under the Heritage Act 1977.heritage item means a building, work, relic or place described in Schedule 1.heritage significance means historic, scientific, cultural, social, archaeological, architectural, natural or aesthetic significance.home activity means any activity or occupation (excluding health care) carried on for trade, sale or other gain in a building or a room or a number of rooms forming part of, or ancillary to, a dwelling where:(a) the activity or occupation does not occupy a total floor area of more than 50 square metres, and(b) the dwelling situated on the land is principally used as a domicile, and(c) the activity or occupation does not:(i) interfere with the amenity of the locality by reason of pollution, or(ii) involve exposure to view from any public place of any unsightly matter, or(iii) require the provision of any essential service main of a greater capacity than that available in the locality, or(iv) involve the employment of persons other than residents of the dwelling, or(v) involve the exhibition of any notice, advertisement or sign (other than a non-illuminated notice or sign, which would fit within a rectangular figure 1.2 metres in length and 0.6 metres in height, that is exhibited on that dwelling or land to indicate the names and occupations of the residents of the dwelling), or(vi) result in a significant increase in traffic, and(d) the goods made or produced, as a result of the activity or occupation, are not displayed or sold from the property, and(e) a minimum of one off-street car parking space is provided per activity or occupation carried on if the property is in an urban area, and(f) there is a maximum of one such activity or occupation per dwelling.home business means a business (excluding health care) carried out, or partly carried out, in a dwelling or within the site area of a dwelling, by the permanent residents of the dwelling, where:(a) the business involves employment of not more than one person, at any one time, in addition to the permanent residents, and(b) the business does not occupy a total floor area of more than 50m2, and(c) the business does not:(i) interfere with the amenity of the locality by reason of pollution, or(ii) involve exposure to view from any public place of any unsightly matter, or(iii) require the provision of any essential service main of a greater capacity than that available in the locality, or(iv) involve the exhibition of any notice, advertisement or sign (other than a non-illuminated notice or sign, which would fit within a rectangular figure 1.2m in length and 0.6m in height, that is exhibited on that dwelling or land to indicate the names and occupations of the residents of the dwelling), or(v) result in a significant increase in traffic, and(d) the goods made or produced in the building, room or rooms, as a result of the business are not displayed or sold from the property, and(e) there is a maximum of one home business per dwelling.home industry means a industry (excluding health care premises) carried out in a building within the site area of a dwelling, by the permanent residents of the dwelling where:(a) the industry involves the employment of not more than 2 persons, at any one time, in addition to the permanent residents, and(b) the industry does not occupy a total floor area of more than 100m2, and(c) the industry does not:(i) interfere with the amenity of the locality by reason of pollution, or(ii) involve exposure to view from any public place of any unsightly matter, or(iii) require the provision of any essential service main of a greater capacity than that available in the locality, or(iv) involve the exhibition of any notice, advertisement or sign (other than a non-illuminated notice or sign which would fit within a rectangular figure 1.2 metres in length and 0.6 metre in height) and exhibited on that dwelling or land to indicate the names and occupations of the residents of the dwelling, or(v) result in a significant increase in traffic,(d) there is a maximum of one such business per property.hospital means a building or place used for the purpose of providing professional health services (including preventative care, diagnosis, medical or surgical treatment and counselling) to people admitted as inpatients of the hospital, whether or not outpatients are also cared for or treated there.hotel means any premises specified in a hotelier’s licence granted under the Liquor Act 1982.industry means any manufacturing process within the meaning of the Factories, Shops and Industries Act 1962.institution means:(a) a building used wholly or principally as a home or other establishment for developmentally disabled persons, or(b) a hospital within the meaning of the Mental Health Act 1990, or(c) a penal or reformative establishment.intensive animal industry means agricultural animal production where cattle, horses, goats, poultry or other livestock are held in buildings or in a confined area for feeding and, without limiting the generality of the above, may involve the use of:(a) a beef cattle feedlot, or(b) a dairy farm, or(c) a horse training and boarding establishment, or(d) a piggery, including a free range piggery, or(e) a poultry farm, including a free range poultry farm, or(f) a worm farm, orbut does not include use of a building or place for keeping livestock intended solely for personal consumption or enjoyment by the owner or occupier of the building or place.(g) a building or place used for fish farming (which may consist of or include farming crustaceans),intensive horticulture establishment means a place used for horticulture production at which plants or fungi are grown using an intensive agricultural system, such as hydroponics, housing, a climate control system, a crop protection system or equipment and, without limiting the generality of the above:(a) may consist of or include a shed, greenhouse or poly housing, andbut does not include a place used to grow produce for personal household consumption or enjoyment.(b) may involve automated heating, irrigation or sprinkler systems, or the use of shade cloth, hail netting or animal scaring devices,landscape supply establishment means a building or place used for both the storage and sale of a range of materials used for landscaping purposes.leisure facility means a building or place used as a health farm, religious retreat house, rest home, youth camp or the like, but does not include a building or place elsewhere specifically defined in this clause.light industry means an industry, not being an offensive or hazardous industry or home industry, in which the processes carried on, the transportation involved or the machinery or materials used do not significantly adversely affect the environment or the amenity of the neighbourhood.liquid fuel depot means a depot or place used for the bulk storage of petrol, oil, petroleum or other inflammable liquid for wholesale distribution.medical practitioners’ surgery means a building or place used by not more than three legally qualified medical practitioners who may employ ancillary staff at the building or place in connection with their practice.mine means any place, open cut, shaft, tunnel, pit, drive, level or other excavation, drift, gutter, lead, vein, lode or reef on, in or by which any operation is carried on for or in connection with the purpose of obtaining any metal or mineral by any mode or method, and includes any place on which any product of the mine is stacked, stored, crushed or otherwise treated, but does not include a quarry.motel means a building or buildings used for the short term accommodation of travellers, whether or not the building or buildings are also used in the provision of meals to those travellers or the general public.motor showroom means a building or place used for the display or sale of motor vehicles, caravans or boats, whether or not accessories for motor vehicles, caravans or boats are sold or displayed there.motor vehicle servicing means a building or place used for the servicing, repair or maintenance of motor vehicles, and includes a place used for tyre servicing, muffler repairs, auto electrical repairs and the like.offensive or hazardous industry means an industry which, by reason of the processes involved or the method of manufacture or the nature of the materials used or produced, requires isolation from other buildings.place of assembly means a public hall, theatre, cinema, music hall, concert hall, dance hall, open air theatre, drive-in theatre, music bowl, dance party venue, or any other building or place of a like character used as such and whether used for the purposes of gain or not, but does not include a building or place elsewhere specifically defined in this clause.place of worship means a place used for the purposes of public religious worship, whether or not the building or place is also used for counselling, social events or religious training by a congregation or religious group.plant and building equipment hire means a building or place where plant and equipment are stored, displayed and hired out or leased to persons for intermittent use, but does not include premises used for the purposes of hiring home entertainment equipment, such as stereo sound systems, televisions, video cassette recorders, video tapes and the like.prescribed materials, in relation to a site, means materials of low reflective quality that blend with the landscape of the site and its surroundings.public building means a building used as offices or for administrative or other like purposes by the Crown, a statutory body, the Council or an organisation established for public purposes.public utility undertaking means any of the following undertakings carried on or permitted or suffered to be carried on by or by authority of any Government department or under the authority of or in pursuance of any Commonwealth or State Act:(a) railway, road transport, water transport, air transport, wharf or river undertakings, orand a reference to a person carrying on a public utility undertaking shall be construed as including a reference to a council, county council, Government department, corporation, firm or authority carrying on the undertaking.(b) undertakings for the supply of water, hydraulic power, electricity or gas or the provision of sewage or drainage services,reception establishment means a building or place used for the purpose of wedding receptions, birthday parties and the like, where admission is by private invitation, but does not include a use elsewhere specifically defined in this clause.recreation area means:(a) a children’s playground, or(b) an area used for sporting activities or sporting facilities, orbut does not include a racecourse or a showground.(c) an area used to provide facilities for recreational activities which promote the physical, cultural or intellectual welfare of persons within the community, being facilities provided by:(i) the Council, or(ii) a body of persons associated together for the purposes of the physical, cultural or intellectual welfare of persons within the community,recreation facility means a building or place used for sporting activities, recreation or leisure activities, whether or not operated for the purpose of gain, but does not include a building or place elsewhere specifically defined in this clause.relic means any deposit, object or material evidence relating to the settlement (excluding Aboriginal habitation) of the local government area of Baulkham Hills which is 50 or more years old.research establishment means a laboratory or other place where scientific or technological development or research is carried out.restaurant means a building or place the principal purpose of which is the provision of food to people for consumption on the premises.restricted development area has the same meaning as in clause 33.retail plant nursery means a building or place used for both the growing and retail selling of plants, whether or not ancillary products are also sold there, but does not include a wholesale plant nursery.road means a public thoroughfare used for the passage of vehicles, pedestrians or animals.road transport terminal means a building or place used for the principal purpose of the bulk handling of goods for transport by road, including facilities for the loading and unloading of vehicles used to transport those goods and for the parking, servicing and repair of those vehicles.roadside stall means a building or place (not exceeding 20 square metres in floor space or area, respectively) where only primary products produced on the property on which the building or place is situated are exposed or offered for sale or sold by retail.rural industry means handling, treating, processing or packing of primary products, and includes the servicing in a workshop of plant or equipment used for rural purposes in the locality.rural worker’s dwelling means a dwelling-house which is situated on land on which there is already erected a dwelling-house and which is occupied by a person who is engaged in the use of the land for the purposes of agriculture, aquaculture or horticulture.sawmill means a mill handling, cutting and processing timber from logs or baulks.service station means a building or place used for the fuelling of motor vehicles and involving the sale by retail of petrol, oil and other petroleum products and the ancillary sale of a limited range of food items for the convenience of patrons, providing the building or place is also used for any one or more of the following purposes:(a) the sale by retail of spare parts and accessories for motor vehicles,(b) the washing and greasing of motor vehicles,(c) the installation of accessories for motor vehicles,(d) the repairing and servicing of motor vehicles (other than repairing and servicing which involves body building, panel beating or spray painting).shop means a building or place used for the purpose of selling, whether by retail or auction, or hiring of, or displaying for the purpose of the selling or hiring of, items (whether goods or materials), but does not include a building or place elsewhere specifically defined in this clause.shop top housing means residential development in conjunction with commercial or retail development, where the commercial or retail usage occurs on the ground floor only.stock and sale yard means a building or place used for the purpose of offering animals for sale, and includes a public cattle market.telecommunications facility means:(a) any part of the infrastructure of a telecommunications network (such a network being a system, or series of systems, that carries or is capable of carrying communications by means of unguided electromagnetic energy), orbut does not include:(b) any line, equipment, apparatus, tower, antenna, tunnel, duct, hole, pit or other structure or thing used, or intended for use, in or in connection with a telecommunications network,(c) facilities listed in the Schedule to the Telecommunications (Low-impact Facilities) Determination 1997 of the Commonwealth, or(d) facilities used for an activity that a carrier may engage in despite a law of a State or Territory pursuant to the Telecommunications Act 1997 of the Commonwealth.the Act means the Environmental Planning and Assessment Act 1979.the map means the map marked “Baulkham Hills Local Environmental Plan 1991” as amended by the maps marked as follows:Baulkham Hills Local Environmental Plan 1991 (Amendment No 1)Baulkham Hills Local Environmental Plan 1991 (Amendment No 2)Baulkham Hills Local Environmental Plan 1991 (Amendment No 3)Baulkham Hills Local Environmental Plan 1991 (Amendment No 4)Baulkham Hills Local Environmental Plan 1991 (Amendment No 6)Baulkham Hills Local Environmental Plan 1991 (Amendment No 7)Baulkham Hills Local Environmental Plan 1991 (Amendment No 8)Baulkham Hills Local Environmental Plan 1991 (Amendment No 9)Baulkham Hills Local Environmental Plan 1991 (Amendment No 13),Baulkham Hills Local Environmental Plan 1991 (Amendment No 15)Baulkham Hills Local Environmental Plan 1991 (Amendment No 17)Baulkham Hills Local Environmental Plan 1991 (Amendment No 18)Baulkham Hills Local Environmental Plan 1991 (Amendment No 19)Baulkham Hills Local Environmental Plan 1991 (Amendment No 22)Baulkham Hills Local Environmental Plan 1991 (Amendment No 25)Baulkham Hills Local Environmental Plan 1991 (Amendment No 26)Baulkham Hills Local Environmental Plan 1991 (Amendment No 27)Baulkham Hills Local Environmental Plan 1991 (Amendment No 29)Baulkham Hills Local Environmental Plan 1991 (Amendment No 31)Baulkham Hills Local Environmental Plan 1991 (Amendment No 32)Baulkham Hills Local Environmental Plan 1991 (Amendment No 33)Baulkham Hills Local Environmental Plan 1991 (Amendment No 35)Baulkham Hills Local Environmental Plan 1991 (Amendment No 36)Baulkham Hills Local Environmental Plan 1991 (Amendment No 38)Baulkham Hills Local Environmental Plan 1991 (Amendment No 40)Baulkham Hills Local Environmental Plan 1991 (Amendment No 41)Baulkham Hills Local Environmental Plan 1991 (Amendment No 42)Baulkham Hills Local Environmental Plan 1991 (Amendment No 43)Baulkham Hills Local Environmental Plan 1991 (Amendment No 44)Baulkham Hills Local Environmental Plan 1991 (Amendment No 45)Baulkham Hills Local Environmental Plan 1991 (Amendment No 46)Baulkham Hills Local Environmental Plan 1991 (Amendment No 51)Baulkham Hills Local Environmental Plan 1991 (Amendment No 52)Baulkham Hills Local Environmental Plan 1991 (Amendment No 54)Baulkham Hills Local Environmental Plan 1991 (Amendment No 57)Baulkham Hills Local Environmental Plan 1991 (Amendment No 58)Baulkham Hills Local Environmental Plan 1991 (Amendment No 61)Baulkham Hills Local Environmental Plan 1991 (Amendment No 63)Baulkham Hills Local Environmental Plan 1991 (Amendment No 64)Baulkham Hills Local Environmental Plan 1991 (Amendment No 65)Baulkham Hills Local Environmental Plan 1991 (Amendment No 66)Baulkham Hills Local Environmental Plan 1991 (Amendment No 68)Baulkham Hills Local Environmental Plan 1991 (Amendment No 72)Baulkham Hills Local Environmental Plan 1991 (Amendment No 73)Baulkham Hills Local Environmental Plan 1991 (Amendment No 75)Baulkham Hills Local Environmental Plan 1991 (Amendment No 77)Baulkham Hills Local Environmental Plan 1991 (Amendment No 78)Baulkham Hills Local Environmental Plan 1991 (Amendment No 79)Baulkham Hills Local Environmental Plan 1991 (Amendment No 80)Baulkham Hills Local Environmental Plan 1991 (Amendment No 81)Baulkham Hills Local Environmental Plan 1991 (Amendment No 82)Baulkham Hills Local Environmental Plan 1991 (Amendment No 85)Baulkham Hills Local Environmental Plan 1991 (Amendment No 86)Baulkham Hills Local Environmental Plan 1991 (Amendment No 87)Baulkham Hills Local Environmental Plan 1991 (Amendment No 88)Baulkham Hills Local Environmental Plan 1991 (Amendment No 89)Baulkham Hills Local Environmental Plan 1991 (Amendment No 90)Baulkham Hills Local Environmental Plan 1991 (Amendment No 92)Baulkham Hills Local Environmental Plan 1991 (Amendment No 94)Baulkham Hills Local Environmental Plan 1991 (Amendment No 95)Baulkham Hills Local Environmental Plan 1991 (Amendment No 96)Baulkham Hills Shire Council Local Environmental Plan 1991 (Amendment No 97)Baulkham Hills Local Environmental Plan 1991 (Amendment No 98)Baulkham Hills Local Environmental Plan 1991 (Amendment No 99)Baulkham Hills Local Environmental Plan 1991 (Amendment No 102)Baulkham Hills Local Environmental Plan 1991 (Amendment No 104)Baulkham Hills Local Environmental Plan 1991 (Amendment No 105)tourist facility means an establishment providing facilities for holiday accommodation or recreation, and may include a boat shed, boat landing facilities, camping ground, caravan park, holiday cabins, hotel, house boat, marina, motel, playground, restaurant, water sport facilities or a club used in conjunction with any such activity.town house means one of a group of 3 or more two-storey dwellings, which may or may not be attached, on a single allotment of land or on adjacent allotments that constitute a single site, where each dwelling has a separate entrance accessible from an outside area and direct access to private open space at natural ground level.transport terminal means a building or place used as an airline terminal, a road transport terminal, a bus station or a bus depot.tree means a perennial plant with a self-supporting woody stem which has a spread of more than 3 metres or a height of more than 5 metres.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..veterinary establishment means a building or place used for the purpose of the medical or surgical treatment of animals.villa means one of a group of 3 or more single-storey dwellings, which may or may not be attached, on a single allotment of land or on adjacent allotments that constitute a single site, where each dwelling has a separate entrance accessible from an outside area and direct access to private open space at natural ground level.warehouse means a building or place used for the storage of goods, merchandise or materials, including those intended for sale and distribution to persons engaged in the retail trade.wholesale plant nursery means a building or place used for both the growing and wholesaling of plants.(2) In this plan:(a) a reference to a building or place used for a purpose includes a reference to a building or place intended to be used for the purpose,(b) a reference to a map is a reference to a map deposited in the office of the Council, and(c) a reference to land within a zone specified in the Table to clause 9 is a reference to land shown on the map in the manner specified in clause 8 as the means of identifying land of the zone so specified.(3) Any explanatory notes to this plan are intended to assist the reader to understand this plan but do not form part of this plan.cl 5: Am 28.6.1991; 6.3.1992; 12.6.1992; 10.7.1992; 14.8.1992; 6.11.1992; 30.4.1993; 4.6.1993; 9.7.1993; 8.10.1993; 22.10.1993; 29.10.1993; 14.1.1994; 4.3.1994; 11.3.1994; 18.3.1994; 25.3.1994; 10.6.1994; 2.9.1994; 16.12.1994; 10.3.1995; 17.3.1995; 18.8.1995; 15.9.1995; 1.12.1995; 16.2.1996; 23.2.1996; 1.3.1996; 22.3.1996; 24.5.1996; 19.7.1996; 18.10.1996; 17.10.1997; 24.10.1997; 28.11.1997; 20.2.1998; 9.10.1998; 11.12.1998; 24.12.1998; 19.2.1999; 7.5.1999; 28.5.1999; 4.6.1999; 6.8.1999; 8.10.1999; 3.12.1999; 11.2.2000; 2.6.2000; 10.11.2000; 8.12.2000; 15.12.2000; 22.12.2000; 6.4.2001; 11.5.2001; 1.6.2001; 22.6.2001; 28.9.2001; 5.10.2001; 2.11.2001; 7.12.2001; 21.12.2001; 1.2.2002; 1.3.2002; 28.3.2002; 23.8.2002; 25.10.2002; 21.11.2003; 24.12.2003.
6 Adoption of model provisions
The Environmental Planning and Assessment Model Provisions 1980, except for clauses 4, 5, 8, 13, 15–17, 19–28, 33, 34 and 35 (c), are adopted for the purposes of this plan.
7 Consent authority
The Council shall be the consent authority for the purposes of this plan, subject to the Act.cl 7: Am 22.6.2001.
Part 2 General restrictions on development of land
8 Zones indicated on the map
For the purposes of this plan, land to which this plan applies shall be within a zone specified hereunder if the land is shown on the map in the manner specified hereunder in relation to that zone:Rural 1 (a) Zone (Zone No 1 (a))—coloured light brown and lettered “1 (a)”.Rural 1 (b) Zone (Zone No 1 (b))—coloured light brown, edged red and lettered “1 (b)”.Rural 1 (c) Zone (Zone No 1 (c))—coloured light brown, edged red and lettered “1 (c)”.Rural 1 (d) Zone (Zone No 1 (d))—coloured light brown, edged red and lettered “1 (d)”.Residential 2 (a) Zone (Zone No 2 (a))—coloured light scarlet, edged red and lettered “2 (a)”.Residential 2 (a1) Zone (Zone No 2 (a1))—coloured light scarlet, edged red and lettered “2 (a1)”.Residential 2 (a2) Zone (Zone No 2 (a2))—coloured light scarlet, edged red and lettered “2 (a2)”.Residential 2 (a3) Zone (Zone No 2 (a3))—coloured light scarlet, edged red and lettered “2 (a3)”.Residential 2 (a4) (Rouse Hill Regional Centre) Zone (Zone No 2 (a4))—coloured dark scarlet, edged red and lettered “2 (a4)”.Residential 2 (b) Zone (Zone No 2 (b))—coloured light scarlet and lettered “2 (b)”.Residential 2 (c) (Tourist Village) Zone (Zone No 2 (c))—coloured light scarlet and lettered “2 (c)”.Residential 2 (d) (Protected) Zone (Zone No 2 (d))—coloured light scarlet, edged red and lettered “2 (d)”.Residential 2 (e) Zone (Zone No 2 (e))—coloured light scarlet, edged black and lettered “2 (e)”.General Business 3 (a) Zone (Zone No 3 (a))—coloured light blue and lettered “3 (a)”.Special Business 3 (b) Zone (Zone No 3 (b))—coloured medium blue and lettered “3 (b)”.Service Business 3 (c) Zone (Zone No 3 (c))—coloured dark blue and lettered “3 (c)”.Light Industry 4 (b) Zone (Zone No 4 (b))—coloured purple and lettered “4 (b)”.Special Uses 5 (a) (Existing and Proposed) Zone (Zone No 5 (a))—coloured yellow with black lettering and lettered “5 (a)”.Special Uses 5 (b) (Existing and Proposed Roads) Zone (Zone No 5 (b))—coloured grey, with classified roads shown by a blue centreline.Special Uses 5 (c) (Trunk Drainage and Conservation) Zone (Zone No 5 (c))—coloured yellow with black lettering and lettered “5 (c)”.Open Space 6 (a) (Existing and Proposed Public Recreation) Zone—(Zone No 6 (a)) coloured light green and lettered “6 (a)”.Open Space 6 (b) (Private Recreation) Zone—(Zone No 6 (b)) coloured dark green and lettered “6 (b)”.Environmental Protection 7 (a) (Wetlands) Zone—(Zone No 7 (a))—coloured orange and lettered “7 (a)”.National Parks and Nature Reserves 8 (a) Zone (Zone No 8 (a))—edged green and lettered “8 (a)”.Employment Area 10 (a) (Business Park) Zone (Zone No 10 (a))—coloured light blue, edged purple and lettered “10 (a)”.cl 8: Am 2.11.2001; 7.12.2001; 1.2.2002.
9 Zone objectives, development control table and related special provisions
(1) The objectives of a zone are set out in the Table to this clause under the heading “Objectives of zone” appearing in the matter relating to the zone.(2) Except as otherwise provided by this plan, consent must not be granted for development unless the consent authority is satisfied that the development is consistent with one or more of the aims and objectives of this plan or one or more of the objectives of the zone within which it will be carried out.(3) The Table to this clause lists, for land within each zone:(a) development that may be carried out without development consent, under the heading “Development allowed without consent”, and(b) development that may be carried out only with development consent, under the heading “Development allowed only with consent”, and(c) development that is prohibited, under the heading “Prohibited development”.(4) If exempt development is allowed to be carried out in a zone, the kinds of exempt development that may be carried out and the conditions subject to which it may be carried out are set out in clause 9A and Schedule 3A.(5) Development that may be carried out within a zone only with development consent, and is not carried out as complying development, is required to be advertised in accordance with clause 35 if it is listed in the Table to this clause as advertised development for the zone. However, it is not identified by this plan as advertised development for the purposes of section 79A of the Act.(6) Local development that may be carried out within a zone only with development consent is complying development for the zone if it is listed in the Table to this clause as complying development for the zone, subject to clause 9B.(7) Development within a zone specified in the Table to this clause may also be affected by the provisions of this plan referred to under the heading “Related special provisions” appearing in the matter relating to the zone.(8) The omission of a reference to a provision of this plan under the heading “Related special provisions” appearing in any such matter does not prevent that provision applying to land within that zone.TableRural 1 (a) Zone1 Objectives of zoneThe objectives are:(a) to ensure that existing or potentially productive agricultural land is not withdrawn prematurely from agricultural production, and(b) to ensure that development is carried out in a manner that minimises risks from natural hazards and does not unreasonably increase demand for public services and public facilities, and(c) to provide for urban support functions, and(d) to ensure that development of land within the zone does not hinder the proper and orderly development of any future urban lands.2 Development allowed without consentDevelopment for the purpose of the following:agriculture (other than aquaculture or dams); bed and breakfast establishments; bushfire hazard reduction; home activities.Exempt development.3 Development allowed only with consentDevelopment for the purpose of the following:advertising structures; agricultural products establishments; bushfire fighting establishments; cemeteries; child care centres; community facilities; dams; dwelling-houses; exhibition homes; health care premises; filling of land; firewood establishments; home businesses; home industries; intensive animal industries; intensive horticulture establishments; landscape supply establishments; leisure facilities; places of worship; poultry farming establishments; public buildings; recreation areas; recreation facilities; retail plant nurseries; roads; roadside stalls; rural industries (other than poultry processing); rural workers’ dwellings; sheds; stables; stock and sale yards; tennis courts in association with a dwelling; utility installations (other than gas holders or generating works); veterinary establishments; wholesale plant nurseries.Demolition of existing structures.Development for the purpose of the following (which is advertised development):aquaculture; attached dual occupancies; clubs; educational establishments; hospitals, institutions; reception establishments; research establishments; telecommunications facilities.Included in this item is the following complying development:additions and alterations to an existing dwelling-house; erection of sheds between 50m2 and 100m2 in gross floor area.4 Prohibited developmentAny development not included in item 2 or 3.5 Related special provisions
Part 3 Special provisions
Division 1 General
9A Exempt development
(1) Development listed in Schedule 3A is exempt development, but only if:(a) it complies with the requirements for exemption set out for the development in that Schedule, and(b) it is carried out in a zone in which exempt development is specifically allowed by the Table to clause 9, and(c) it meets the other requirements for exempt development made by the Act and this clause.Note—The Act says development may be exempt development only if it is of minimal environmental impact and can not be exempt development if it is carried out on land:(a) that is critical habitat under the Threatened Species Conservation Act 1995, or(b) that is within a wilderness area within the meaning of the Wilderness Act 1987.(2) Development is not exempt development if it is carried out on any of the following land:(a) land that is subject to an interim heritage order or a State Heritage Register listing,(b) land that is, or is the site of, a heritage item for the purposes of this plan or that is a conservation area for those purposes,(c) an Aboriginal place under the National Parks and Wildlife Act 1974,(d) land zoned, or otherwise identified, under this or any other environmental planning instrument for the protection or preservation of habitat, plant communities or wetlands (but not land within Zone No 2 (d) under this plan),(e) an aquatic reserve under the Fisheries Management Act 1994,(f) land reserved or dedicated under the Crown Lands Act 1989 for the preservation of flora, fauna, geological formations or for other environmental protection purposes,(g) environmentally sensitive land, including riparian land, flood prone or flood liable land, any land with a gradient in excess of 20% and any land within 40 metres of a stream, river or watercourse,(h) land within a restricted development area as identified in accordance with the provisions of this plan.(3) Exempt development must comply with the conditions of any development consent in force in respect of the land on which the development is to be carried out.cl 9A: Ins 22.6.2001.
9B Complying development
(1) Development identified as complying development in the Table to clause 9, is complying development, but only if:(a) it is local development (and, consequently, it is not State significant development), and(b) it is not an existing use, as defined in section 106 of the Act,(c) it is carried out in a zone for which it is identified as complying development by the Table to clause 9, and(d) it complies with the development standards and other requirements applied to the development by the Council’s four complying development control plans for residential, employment, business and rural development, respectively, as approved by the Council on 2 May 2000, and(e) it meets the other requirements made for complying development by the Act and this clause.Note—The Act says development may be complying development only if it is not designated development and it is not carried out on land:(a) that is critical habitat under the Threatened Species Conservation Act 1995, or(b) that is within a wilderness area within the meaning of the Wilderness Act 1987,(c) that comprises, or on which there is, an item of environmental heritage to which an order under the Heritage Act 1977 applies or that is identified as such an item in an environmental planning instrument, or(d) that is identified as an environmentally sensitive area in the environmental planning instrument providing for the complying development.(2) Development is not complying development if it is carried out on any of the following land:(a) land that is subject to an interim heritage order or a State Heritage Register listing,(b) land that is, or is the site of, a heritage item for the purposes of this plan or that is a conservation area for those purposes,(c) an Aboriginal place under the National Parks and Wildlife Act 1974,(d) land zoned, or otherwise identified, under this or any other environmental planning instrument for the protection or preservation of habitat, plant communities or wetlands (but not land within Zone No 2 (d),(e) an aquatic reserve under the Fisheries Management Act 1994,(f) land reserved or dedicated under the Crown Lands Act 1989 for the preservation of flora, fauna, geological formations or for other environmental protection purposes,(g) environmentally sensitive land, including riparian land, flood prone or flood liable land, any land with a gradient in excess of 20% and any land within 40 metres of a stream, river or watercourse,(h) land within a restricted development area as identified in accordance with the provisions of this plan,(i) land within Zone No 2 (e),(j) land referred to in clause 49.(3) Complying development must comply with the conditions of any development consent in force in respect of the land on which the development is to be carried out.(4) This clause is subject to any other inconsistent provision of this Part.Note—A complying development certificate issued for any complying development is to be subject to the conditions for the development specified in the relevant development control plan setting those conditions, as in force when the certificate is issued.cl 9B: Ins 22.6.2001. Am 1.2.2002.
10 Subdivision generally
A person may, but only with the consent of the Council, subdivide land to which this plan applies.
10A Subdivision prohibited in relation to dual occupancy development
(1) A subdivision that creates separate land titles for each of the 2 dwellings resulting from dual occupancy development is prohibited.(2) The subdivision by a strata plan under the Strata Titles Act 1973 or the Strata Titles (Leasehold) Act 1986 of land on which dual occupancy development has been carried out is prohibited.(3) Consequently, the council is not to issue a certificate of approval of a proposed strata plan referred to in section 37 of the Strata Titles Act 1973 or section 66 of the Strata Titles (Leasehold) Act 1986 relating to any such land on which that development has been carried out.(4) This clause does not prohibit:(a) a subdivision by a strata plan that creates lots substantially corresponding with parts of a building that were shown in the building plans accompanying the building application and designated in those plans as being intended for separate occupation, if the council’s approval for the building was granted before the commencement of Baulkham Hills Local Environmental Plan 1991 (Amendment No 37), or(b) the issue of a certificate of approval for such a strata plan.(5) For the purpose of allowing development to be carried out in accordance with subclauses (1)–(4), section 37 of the Strata Titles Act 1973 and section 66 of the Strata Titles (Leasehold) Act 1986, to the extent necessary to serve that purpose, do not apply in relation to that development.(6) Pursuant to section 28 of the Act, before the making of subclause (5):(a) the Governor approved of that subclause, and(b) the Minister for the time being administering section 37 of the Strata Titles Act 1973 and section 66 of the Strata Titles (Leasehold) Act 1986 concurred in writing in the recommendation for the approval of the Governor of that subclause in so far as it relates to those sections.cll 10A: Ins 18.10.1996.
10B Savings and transitional provision
(1) In this clause:commencement day means the day on which Baulkham Hills Local Environmental Plan 1991 (Amendment No 37) commences.preserved development means:(a) dual occupancy development the subject of a development consent granted before the commencement day that has been, or may be, carried out in accordance with that consent, or(b) dual occupancy development the subject of a development application made before the commencement day that is determined on or after the commencement day by the granting of development consent.(2) A development application for consent to dual occupancy development made (but not finally determined) before or on the commencement day may be determined and have effect as if Baulkham Hills Local Environmental Plan 1991 (Amendment No 37) had not been made.(3) A development application for consent to subdivide land on which preserved development has been or may be carried out that is made (but not finally determined) before or on the commencement day, or that is made after that day, may be determined and have effect as if Baulkham Hills Local Environmental Plan 1991 (Amendment No 37) had not been made.cll 10B: Ins 18.10.1996.
11 Services
(1) A person must not carry out development on any land to which this plan applies unless arrangements satisfactory:(a) to the Water Board for water, sewerage and drainage, and(b) to the Prospect County Council for electricity, andhave been made in relation to that land.(c) to Telecom Australia for telephone services,(2) A person must not carry out development on land to which any of the following environmental planning instruments apply unless arrangements satisfactory to the Roads and Traffic Authority for classified roads have been made in relation to that land:Baulkham Hills Local Environmental Plan 1991 (Amendment No 1)Baulkham Hills Local Environmental Plan 1991 (Amendment No 52)Baulkham Hills Local Environmental Plan 1991 (Amendment No 73)Baulkham Hills Local Environmental Plan 1991 (Amendment No 90)cl 11: Subst 4.6.1993. Am 17.10.1997; 2.6.2000; 22.12.2000; 7.12.2001.
11A (Repealed)
cl 11A: Ins 28.6.1991. Rep 4.6.1993.
12 Subdivision in Zones Nos 1 (a), 1 (b), 1 (c), 1 (d) and 7 (a)
(1) Subject to subclause (5), land within a zone specified in paragraph (a)–(d) shall not be subdivided unless each separate allotment to be created by the subdivision has an area of not less than the area so specified in respect of that land:(a) Zone No 1 (a)—40 hectares,(b) Zone No 1 (b)—10 hectares,(c) Zone No 1 (c)—2 hectares,(d) Zone No 7 (a)—40 hectares,(2) The Council shall not grant consent to the subdivision of land within Zone No 1 (d) unless:(a) the land forms part of an existing holding, and(b) the number of lots to be created for the purpose of erecting a dwelling-house is not greater that the area of the existing holding, expressed in hectares, divided by 2 and calculated to the nearest whole number, and(c) the area of each separate allotment to be created is not less than 0.6 hectares.(3) An allotment of land created in accordance with subclause (2) shall not be further subdivided into lots for the purpose of erecting a dwelling-house.(4) Nothing in subclause (3) precludes a subdivision which complies with subclause (2) being carried out in stages.(5) Notwithstanding any other provision of this plan, land may be subdivided, with the consent of the Council, for any of the following purposes:(a) creating a public reserve,(b) creating an allotment or allotments which is, or is intended to be, used for public purposes, including drainage purposes, bushfire brigade or other rescue service purposes or public convenience,(c) making a minor adjustment to a common boundary between allotments, being an adjustment that does not involve the creation of any additional allotment,(d) rectifying an encroachment on an allotment,(e) consolidating allotments,(f) opening or widening a public road,(g) enlarging the area of any existing allotment without reducing the area of any existing allotment, below the minimum described in subclause (1).
13 Development near the Hawkesbury River
(1) This clause applies to all land within Zone No 1 (b) which is within 1,000 metres of the bank of the Hawkesbury River.(2) No building (other than loading ramps, jetties, pontoons or the like) shall be erected on land within 30 metres of the bank of the Hawkesbury River.(3) The external surface of any building shall be constructed of prescribed materials.(4) Land shall not be developed or cleared of vegetation or trees without the consent of the Council.
14 Classified roads—special land use controls
(1) This clause applies to land within Zone No 1 (a), 1 (b) or 1 (c) which has, or is proposed to have, direct vehicular access to a classified road.(2) The Council shall not consent to the carrying out of development for the purposes of agricultural products establishments, caravan parks, clubs, educational establishments, firewood establishments, hospitals, institutions, landscape supply establishments, places of worship, retail plant nurseries, reception establishments, recreation establishments, restaurants, roadside stalls, service stations, stock and sale yards or waste disposal on land to which this clause applies unless Council has given consideration to:(a) the availability of access from an alternate road, and(b) the limits of visibility to and from existing or proposed points of egress and ingress, and(c) the speed limit applicable to the road in the vicinity of the land, and(d) road improvements necessary to render safe any existing or proposed pedestrian and vehicular egress and ingress points to the site, and(e) the requirements of the Roads and Traffic Authority, and(f) localised road conditions, and(g) any recent accident history in the locality, and(h) the potential for unsafe pedestrian movements, and(i) the need for street lighting, and(j) the visual impact of the proposed development.cl 14: Am 11.3.1994. Subst 31.5.1996.
15 Minor variations to zone boundaries
(1) Land to which this plan applies shall not be subdivided unless the boundaries of allotments so created correspond generally with the boundaries, if any, between zones as shown on the map.(2) Notwithstanding subclause (1), the Council may consent to a plan of subdivision whereby the boundaries of allotments so created will not correspond with the boundaries between different zones as shown on the map but which, in the opinion of the Council, depart from those boundaries only to a minor extent.(3) Where, on registering a plan of subdivision referred to in subclause (2), the boundary between land is determined in a different position from the boundary between different zones as shown on the map, land shall be deemed to be within the appropriate zone as determined by the Council.
16 Development of flood liable land
(1) In respect of the development of land which, in the opinion of the Council, may be subject to flooding, the Council must aim:(a) to reduce the impact of flooding on owners and occupiers and to reduce private and public losses resulting from flooding, and(b) to reduce the impact of flood liability on owners and occupiers.(2) Notwithstanding any other provision of this plan, development may not be carried out on land which is subject to the flood standard, except with the consent of the Council.(3) (Repealed)(4) For the purposes of this clause, the flood standard is the 1% probability flood (as referred to in Appendix C of the Floodplain Development Manual published by the Department of Public Works in December 1986).cl 16: Am 28.6.1991; 17.10.1997.
17 Land subject to bushfire hazards
(1) In respect of the development of land which, in the opinion of the Council, may be subject to bushfire hazards, the Council must aim:(a) to reduce the impact of bushfires on owners and occupiers and to reduce losses resulting from bushfires, and(b) to ensure adequate provision is made for access by bushfire fighting personnel and equipment, and(c) to ensure that protection measures applied to developments are appropriately maintained.(2) Notwithstanding any other provision of this plan, development may not be carried out on land which, in the opinion of the Council, may be subject to bushfire hazards, except with the consent of the Council.
Division 2 Conservation of heritage items
18 Development of heritage items
(1) A person shall not, in respect of a building, work, relic or place that is a heritage item:(a) demolish, alter or extend that building or work, or(b) damage or despoil that relic or place, or any part of that relic or place, or(c) excavate any land for the purpose of exposing or removing that relic, or(d) erect a building on the land on which that building, work or relic is situated or the land which comprises that place, orexcept with the consent of the Council.(e) subdivide the land on which that building, work or relic is situated or the land which comprises that place,(2) The Council shall not consent to a development application made in pursuance of subclause (1) unless it has made an assessment of:(a) the significance of the item as a heritage item of the Shire, and(b) the extent to which the carrying out of the development in accordance with the consent would affect the heritage significance of the item and its site, and(c) whether the setting of the item and, in particular, whether any stylistic, horticultural or archaeological features of the setting should be retained, and(d) whether the item constitutes a danger to the users or occupiers of that item or to the public.
19 Development in the vicinity of a heritage item
The Council shall not consent to a development application to carry out development in the vicinity of a heritage item unless it has made an assessment of the effect which the carrying out of that development will have on the heritage significance of the heritage item and its setting.
19A Development in the vicinity of Bella Vista Farm Complex
The Council shall not consent to development in the vicinity of the Bella Vista Farm Complex (being a heritage item) unless it has made an assessment of the likely effect the carrying out of that development will have on the heritage significance of the farm complex and curtilage, on its setting and on views into and out of the site.cl 19A: Ins 6.8.1999.
20 Conservation areas
(1) A person shall not, in respect of a conservation area:(a) demolish, extend or change the outside of a building or work within that area, such as make changes to the outside of a building or work that involve the repair, or the painting, plastering or other decoration, of the outside of the building or work, or(b) damage or despoil a relic or part of a relic within that area, or(c) excavate any land for the purpose of exposing or removing a relic within that area, or(d) erect a building within that area, orexcept with the consent of the Council.(e) subdivide land within that area,(2) The Council shall not consent to a development application made in pursuance of subclause (1) unless it has made an assessment of:(a) the extent to which the carrying out of the development in accordance with the consent would affect the heritage significance of the conservation area, and(b) whether a refusal to grant consent would constitute a danger to the users or occupiers of that land or to the public.(3) The Council shall not consent to an application made in pursuance of subclause (1), being an application to erect a new building or to alter the exterior of an existing building, unless the Council has made an assessment of:(a) the pitch and form of the roof, and(b) the style, size, proportion and position of the openings for 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 buildings are compatible with the materials used in the existing buildings in the conservation area.
21 Heritage Council to be given prior notice of demolition consent
Where a person makes a development application to demolish a building or work that is a heritage item, the Council shall not consent to that application until 28 days after the Council has notified the Secretary of the Heritage Council of its intention to do so.
22 Advertising of heritage applications
(1) The provisions of sections 84, 85, 86, 87 (1) and 90 of the Act apply to and in respect of:(a) the demolition of a building or work within a conservation area, and(b) the demolition of a building or work that is a heritage item, andin the same way as those provisions apply to and in respect of designated development.(c) the use of a building or land referred to in clause 23 (1) for a purpose which, but for that clause, would be prohibited under this plan,(2) Subclause (1) does not apply to the partial demolition of a building or work where, in the opinion of the Council, the partial demolition is of a minor nature and does not adversely affect the significance of the building or work as part of the environmental heritage of the Shire.
23 Conservation incentives relating to heritage items
(1) Nothing in this plan prevents the Council from granting consent to:(a) the use for any purpose of a building within a conservation area or of the land on which that building is erected, orwhere the Council is satisfied that:(b) the use for any purpose of a building that is a heritage item or of the land on which that building is erected,(c) the use would have little or no adverse effect on the amenity of the area, and(d) conservation of the building depends on the Council granting consent in pursuance of this subclause.(2) The Council, when considering an application to erect a building on land on which there is a building which is a heritage item, may exclude from its calculation of the floor space of the buildings erected on the land the floor space of the heritage item:(a) for the purpose of determining the floor space ratio, andbut only if the Council is satisfied that the conservation of the building depends on the Council granting consent in pursuance of this subclause.(b) for the purpose of determining the number of parking spaces to be provided on the site,
Division 3 Miscellaneous provisions
24 Suspension of covenants, agreements and instruments
(1) This clause applies to development on land within any zone.(2) For the purpose of enabling development to which this clause applies to be carried out in accordance with this plan or with a consent granted under the Act, any agreement, covenant or instrument that restricts the carrying out of that development shall not apply to the extent necessary to serve that purpose.(3) Nothing in subclause (2) affects the rights or interests of any public authority under any registered instrument.(4) Pursuant to section 28 of the Act, before the making of this clause, the Governor approved of subclause (2).
25 Acquisition of certain land
(1) The owner of any land within Zone No 5 (a) or 5 (c) may, by notice in writing, require:(a) in the case of land within Zone No 5 (a) and lettered on the map “Educational Establishment” (unless the land is lettered “Educational Establishment (Private)” on the map) the Minister for School Education,(b) in the case of land within Zone No 5 (a) and lettered on the map “Water Storage”, “Pumping Station”, “Sewage Treatment Works” or “Trunk Drainage”, the Water Board,(c) in the case of land within Zone No 5 (a) and lettered on the map “Railways”, the State Rail Authority of New South Wales,(d) in the case of land within Zone No 5 (a) and lettered on the map “Telephone Exchange”, Telecom Australia,(e) in the case of land within Zone No 5 (a) and lettered on the map “Electricity Supply”, the Electricity Commission of New South Wales,(f) in the case of land within Zone No 5 (a) and lettered on the map “Electricity Sub-Station”, the Prospect County Council,(g) in the case of land within Zone No 5 (a) and lettered on the map “Post Office”, Australia Post,(h) (Repealed)(i) in the case of land within Zone No 5 (a) and lettered on the map “Hospital” (unless the land is lettered “Hospital (Private)” on the map) the Health Administration Corporation,as the public authority which has responsibility for acquisition of the land for the purpose of which the land is zoned, to acquire the land.(j) in the case of land within Zone No 5 (c) (Trunk Drainage and Conservation), the Sydney Water Corporation,(2) On receipt of a notice referred to in subclause (1), the public authority concerned shall acquire the land.(3) Until the land referred to in subclause (1) is acquired by the public authority concerned, development, with the consent of Council, may be carried out on that land.(4) The Council shall not consent to the carrying out of development of land to be acquired by a public authority unless it obtains the concurrence of the public authority which is to acquire that land.(5) The Council may, in granting consent in accordance with subclause (4), apply conditions requiring:(a) the removal of the building or work for which it has granted consent,(b) the reinstatement of the land or removal of any waste materials or refuse, orwith or without the payment of compensation by the public authority.(c) compliance with any condition requested by the public authority in granting its concurrence,(6) In considering whether to grant concurrence under subclause (4), the public authority concerned shall take into consideration:(a) the effect of the proposed development on the costs of acquisition, and(b) the imminence of acquisition.(7) In considering whether to grant concurrence under subclause (4), the Water Board shall take into consideration, in addition to the matters referred to in subclause (6), the following matters:(a) the need to ensure the efficient operation of the trunk drainage system,(b) the potential threat to life and property during flood, and(c) the cost of reinstatement of the land for the purposes for which the land is to be acquired.cl 25: Am 28.6.1991; 4.6.1993; 7.12.2001.
25A Acquisition and development of land reserved for public transport corridor
(1) The owner of any land within Zone No 5 (a) and lettered on the map “Public Transport Corridor” may, by notice in writing, require the corporation to acquire the land.(2) On receipt of such a notice, the corporation must acquire the land if:(a) the land is included in a current priority programme for acquisition determined by the corporation, or(b) the corporation has decided not to give concurrence under subclause (3) to an application for consent to the carrying out of development on the land, orbut the corporation is not required to acquire the land if it might reasonably be required to be dedicated as a condition of consent to a development application.(c) the corporation is of the opinion that the owner of the land will suffer hardship if the land is not acquired within a reasonable time,(3) A person may, with the consent of the Council and the concurrence of the corporation, carry out development on land within Zone No 5 (a) and lettered on the map “Public Transport Corridor”, not being land that is included in a priority programme referred to in subclause (2) (a):(a) for a purpose for which development may be carried out (with or without development consent) on land in an adjoining zone, or(b) for any purpose which is compatible with development which may be carried out (with or without development consent) on land in an adjoining zone, or(c) for any temporary purpose.(4) In deciding whether to grant concurrence to proposed development under this clause, the corporation must take the following matters into consideration:(a) the need to carry out development on the land for the purpose for which the land is reserved,(b) the imminence of the acquisition, and(c) the likely additional cost to the corporation resulting from the carrying out of the proposed development.(5) Land acquired under this clause may be developed, with the consent of the Council, for any purpose, until such time as it is required for the purpose for which it was acquired.cll 25A: Ins 28.6.1991.
25B Development along public transport corridors
Notwithstanding any other provisions of this plan:(a) a person is not to carry out development on land within Zone No 5 (a) and lettered on the map “Public Transport Corridor”, andotherwise than in accordance with the provisions of Sydney Regional Environmental Plan No 18—Public Transport Corridors.(b) the Council is not to consent to the carrying out of development on land within, or in the immediate vicinity of, such land,cll 25B: Ins 28.6.1991.
26 Acquisition and development of land reserved for roads
(1) The owner of any vacant land within Zone No 5 (b) may, by notice in writing, require:(a) the RTA—in the case of land that is included in the 5 year works program of the RTA current at the time of receipt of the notice, orto acquire the land.(b) the Corporation—in any other case,(2) The owner of any land within Zone No 5 (b) that is not vacant may, by notice in writing, require the RTA to acquire the land if:(a) the land is included in the 5 year works program of the RTA current at the time of the receipt of the notice, or(b) the RTA has decided not to give concurrence under subclause (4) to an application for consent to the carrying out of development on the land, or(c) the RTA is of the opinion that the owner of the land will suffer hardship if the land is not acquired within a reasonable time.(2A) Despite any other provision of this clause, the owner of any land within Zone No 5 (b) that is not a classified road, being land to which Baulkham Hills Local Environmental Plan 1991 (Amendment No 1) or Baulkham Hills Local Environmental Plan 1991 (Amendment No 52) applies, may, by notice in writing, require the Council to acquire the land if:(a) the land is included in a current works programme of the Council or a programme of the Council for the acquisition of land by the Council, or(b) the Council is of the opinion that the owner of the land will suffer hardship if the land is not acquired within a reasonable time.(3) On receipt of a notice under this clause, the RTA, the Corporation or the Council, as the case may be, must acquire the land unless the land might reasonably be required to be dedicated for public roads.(4) A person may, with the consent of the Council and, if the Council is not the acquiring authority:(a) in the case of vacant land, with the concurrence of the RTA and the Corporation, orcarry out development on land within Zone No 5 (b):(b) in the case of land that is not vacant, with the concurrence of the RTA,(c) for a purpose for which development may be carried out on land in an adjoining zone, or(d) for any purpose which is compatible with development which may be carried out on land in an adjoining zone.(5) In deciding whether to grant concurrence to proposed development under this clause, the RTA and the Corporation must take the following matters into consideration:(a) the need to carry out development on the land for the purposes of classified roads or proposed classified roads, within the meaning of the State Roads Act 1986,(b) the imminence of acquisition, and(c) the likely additional cost to the RTA or the Corporation resulting from the carrying out of the proposed development.(6) Land acquired under this clause may be developed, with the consent of the Council, for any purpose, until such time as it is required for the purpose for which it was acquired.(7) In this clause:the Corporation means the Corporation constituted by section 8 (1) of the Act.the RTA means the Roads and Traffic Authority constituted under the Transport Administration Act 1988.vacant land means land on which, immediately before the day on which a notice under subclause (1) is given there were no buildings other than fences, green houses, conservatories, garages, summer houses, private boat houses, fuel sheds, tool houses, cycle sheds, aviaries, milking bails, hay sheds, stables, fowl houses, pig stys, barns or the like.cl 26: Am 4.6.1993; 17.10.1997.
26A Acquisition and development of land reserved for community facilities and local open space
(1) The owner of any land within Zone No 5 (a) and lettered on the map “Community Facility” or any land within Zone No 6 (a) may, by notice in writing, require the Council to acquire the land.(2) On receipt of such a notice, the Council must acquire the land if:(a) the land is included in a program for the acquisition of land by the Council current at the time of receipt of the notice, orbut the Council is not required to acquire the land if it might reasonably by required to be dedicated as a condition of consent to a development application.(b) the Council is of the opinion that the owner of the land will suffer hardship if the land is not acquired within a reasonable time,(3) Until the land referred to in subclause (1) is acquired by the Council, a person may, with the consent of the Council, carry out development on that land.(4) The Council may, in granting consent in accordance with subclause (3), apply conditions requiring:(a) the removal of the building or work for which it has granted consent, orwith or without the payment of compensation by the Council.(b) the reinstatement of the land or removal of any waste materials or refuse,(5) In considering whether to grant consent as referred to in subclause (3), the Council shall take into consideration:(a) the effect of the proposed development on the cost of acquisition, and(b) the imminence of acquisition.(6) Land acquired under this clause may be developed with the consent of the Council, for any purpose, until such time as it is required for the purpose for which it was acquired.cl 26A: Ins 4.6.1993.
27 Development in Zone No 6 (a)
(1) The Council shall not consent to the carrying out of development on land within Zone No 6 (a), being land owned or controlled or proposed to be owned or controlled by the Council, unless consideration has been given to:(a) the need for the proposed development of that land, and(b) the impact of the proposed development on the existing or likely future use of the land, and(c) the need to retain the land for its existing or likely future use.(2) The Council shall not approve of a plan of subdivision of land of which any land within Zone No 6 (a) forms part unless the land within that zone is included in the plan as a separate allotment.(3) Notwithstanding subclause (2), the Council may, where the topography of the land to be subdivided makes it necessary, approve a plan of subdivision in which the boundaries of the allotment referred to in that subclause do not correspond precisely with the boundaries of the land within Zone No 6 (a), as shown on the map, but which depart therefrom only to a minor extent.
28 Community use of school facilities or site
(1) Where land to which this plan applies is used for the purposes of an educational establishment, the site and facilities of the establishment may, with the consent of the Council, be used for the purposes of meeting rooms, public halls, public libraries, entertainment, sport or recreation or for any other community purpose, whether or not any such use is a commercial use of the land.(2) Nothing in this clause requires development consent to be granted for the carrying out of development on any land if that development could, but for this clause, be carried out on that land without development consent.
29 Roads, cycleways, drainage, recreation areas, parking etc
(1) Nothing in this plan shall restrict or prohibit, or require the Council to obtain its own consent for, development by the Council on land within any zone for the purposes of roads, cycleways, stormwater drainage, recreation areas, landscaping, gardening, bushfire hazard reduction, riverbank stabilisation or restoration, wetland protection or rehabilitation, public amenities or parking.(2) A person other than the Council may, with the consent of the Council, carry out development on land within any zone for the purposes referred to in subclause (1) if the development is carried out in conjunction with development for the purposes of a parking area that is ancillary to development permissible in that zone.
30 Preservation of trees
(1) A person shall not, except with the consent of the Council, ringbark, cut down, top, lop, injure or wilfully destroy any tree.(2) Subclause (1) does not apply to or in respect of:(a) the pruning of any tree for the purpose of its regeneration or ornamental shaping, or(b) any tree which is dying or dead or has become dangerous, or(c) any tree within a State forest, or within a timber or forest reserve, within the meaning of the Forestry Act 1916, or(d) any trees within a national park, within the meaning of the National Parks and Wildlife Act 1974.
31 Restrictions on access
A road or other means of access to an existing public road shall not be opened without the consent of the Council.
32 Advertising structures and advertisements
(1) A person shall not erect or display an advertising structure or advertisement without the consent of the Council.(2) The Council shall consent to the erection or use of an advertising structure only where it advertises the purpose for which the premises or land on which it stands is used.(3) The Council may erect advertising structures on land within Zone No 1 (a), 1 (b), 1 (c) or 1 (d) for the purpose of directing the travelling public to tourist areas or for the purpose of displaying private advertisements to tourist facilities.
33 Restricted development areas
(1) The Council may, by resolution, designate an area (in this clause referred to as a restricted development area) to retain natural drainage channels, protect vegetation, protect visual amenity, prevent soil erosion, protect topographic features or to reduce the risk from geotechnical hazards.(2) Development may not be carried out within a restricted development area without the consent of the Council.(3) The Council may, by resolution, alter or abolish a restricted development area where exceptional features of the site make it necessary or expedient to do so.(4) In this clause, a reference to development includes a reference to:(a) the erection of a fence,(b) the removal of soil or rock,(c) the deposit of soil or rock or any other matter, and(d) the destruction or removal of any tree or other vegetation, and(e) the construction or clearing of an accessway, and(f) the carrying out of works for the purpose of rehabilitating land or landscaping, and(g) the erection of minor structures, such as gazebos, barbecues (other than portable barbecues) or fixed outdoor seating.cl 33: Am 21.6.1996.
34 Extractive industries
(1) In respect of extractive industry development, the Council must aim:(a) to ensure that extractive industries are not carried out in areas of particular environmental sensitivity, and(b) to ensure that extractive industries are undertaken in accordance with management and planning provisions as contained in any plan 7 of management adopted by the Council, and(c) to permit extractive industry development which is of regional significance without burdening the Council with costs for the provision of services and roads.(2) Before granting consent to an application to carry out extractive industry development the Council must take into consideration whether the development is in accordance with:(a) the provisions of any management plan adopted by the Council, and(b) any staging and rehabilitation plan adopted by the Council.
35 Advertised development
(1) Pursuant to section 30 (4) of the Act, the provisions of sections 84, 85, 86, 87 (1) and 90 of the Act apply to and in respect of development specified in the Table to clause 9 under the heading “Advertised development” (wherever occurring) in the same way as those provisions apply to and in respect of designated development.(2) This section refers to provisions of the Act as in force on 30 June 1998.cl 35: Am 22.6.2001.
36 (Repealed)
cl 36: Ins 16.4.1993. Rep 8.10.1999.
37 Classification and reclassification of public land as operational land
(1) The public land described in Schedule 4 is classified, or reclassified, as operational land for the purposes of the Local Government Act 1993, subject to this clause.(2) Land described in Part 1 of Schedule 4 is land that was classified, or reclassified, as operational land before the application of the amendments made by the Local Government Amendment (Community Land Management) Act 1998 to section 30 of the Local Government Act 1993.(3) Land described in Part 2 of Schedule 4:(a) to the extent (if any) that the land is a public reserve, does not cease to be a public reserve, and(b) continues to be affected by any trusts, estates, interests, dedications, conditions, restrictions or covenants by which it was affected before its classification, or reclassification, as the case requires, as operational land.(4) Land described in Columns 1 and 2 of Part 3 of Schedule 4, to the extent (if any) that it is a public reserve, ceases to be a public reserve on the commencement of the relevant amending plan and, by the operation of that plan, is discharged from all trusts, estates, interests, dedications, conditions, restrictions and covenants affecting the land or any part of the land except those specified opposite the land in Column 3 of Part 3 of Schedule 4.(5) In this clause, the relevant amending plan, in relation to land described in Part 3 of Schedule 4, means the local environmental plan cited at the end of the description of the land.(6) Before the relevant amending plan inserted the description of land into Part 3 of Schedule 4, the Governor approved of subclause (4) applying to the land.cl 37: Ins 8.9.1995. Subst 11.5.2001.
38 Temporary use of non-residential land
(1) This clause applies to all land to which this plan applies other than land within Zone No 2 (a), 2 (b), 2 (c) or 2 (d).(2) Despite any provision of this plan, a person may, without the consent of Council, carry out development of land to which this clause applies for the purposes of a market, circus or auction, or for a community purpose, for a maximum of 14 days in any calender year.(3) A person must not carry out development unless the person has given the Council a notice of the perons’s intention to carry out the development and at least 28 days have elapsed since the notice was given. Such a notice only operates in relation to development carried out within 12 months of the date on which the notice is given.cl 38: Ins 12.8.1994. Am 28.11.1997.
39 Development for certain additional purposes
(1) Nothing in this plan prevents a person, with the consent of the Council, from carrying out development on land referred to in Column 1 of Schedule 5 for a purpose specified in Column 2 of that Schedule in relation to that land, subject to such conditions (if any) as are so specified in Column 3 of that Schedule in relation to that land.(2) Subclause (1) does not affect the application, to or in respect of development to which that subclause applies, of such of the provisions of this plan as are not inconsistent with that subclause or with a consent granted by the Council in respect of the development.cl 39: Ins 14.6.1996.
40 Land contamination
(1) The Council shall not grant any development consent over land known as Lots 311 and 312, DP 706399, Bingara Crescent and Lots 5 and 6, DP 858790 and Lot 161, DP 810009, Old Windsor Road, Bella Vista, unless the land has been remediated and validated in accordance with the requirements of any relevant legislation in force at the time the application for consent is made.(2) The Council must not grant consent to development (other than the demolition of a building or work) on land known as Lot 522 DP 882973, 60–66 Kings Road, Castle Hill, unless:(a) a site audit of the land has been carried out in accordance with the Contaminated Land Management Act 1997, and(b) if the site audit identifies the land as being contaminated, the Council is satisfied that adequate remediation measures will be carried out before the development is commenced.(3) Nothing in subclause (2) affects the application of State Environmental Planning Policy No 55—Remediation of Land to Lot 522 DP 882973.cl 40: Ins 28.5.1999. Am 8.12.2000.
41 Minimum site area for apartment buildings, town houses and villas
The Council must not consent to the development of land for a purpose specified in Column 1 of the Table to this clause unless the total area of the land the subject of the development application is equal to or greater than the area specified in Column 2 opposite that purpose.Table
42 Variations to minimum site area provisions for apartment buildings, town houses and villas
Despite clause 41, the Council may consent to the development, for the purposes of apartment buildings, town houses or villas, of land that is smaller than the area required by that clause if the Council is satisfied that:(a) StreetscapeThe form of the proposed structures is compatible with adjoining structures in terms of its elevation to the street and building height.(b) Visual and acoustic privacyThe design and location of rooms, windows and balconies of the proposed structures, and the open space to be provided, ensures acceptable noise levels and visual privacy.(c) Solar access and designDwellings are designed to minimise energy needs and utilise passive solar design principles.(d) Landscaping and open spaceSignificant existing vegetation will be retained and landscaping is incorporated within setbacks and open space areas.cll 41–44: Ins 2.11.2001.
43 Sites adjoining apartment buildings, town houses and villas
(1) The Council must not consent to the development of land in the Residential 2 (a1) zone for the purpose of apartment buildings, town houses or villas if the carrying out of the proposed development would, in the opinion of the Council, render any allotment adjoining the site of the proposed development incapable of development for the purpose of town houses because the allotment would not meet the requirements of clause 41.(2) The Council must not consent to the development of:(a) land in the Residential 2 (a2) zone for the purpose of town houses or villas, orif the carrying out of the proposed development would, in the opinion of the Council, render any allotment adjoining the site of the proposed development incapable of development for the purpose of villas because the allotment would not meet the requirements of clause 41.(b) land in the Residential 2 (a3) zone for the purpose of villas,cll 41–44: Ins 2.11.2001.
44 Access to a classified road—Urban
(1) This clause applies to all land within Zone No 2 (a), 2 (a1), 2 (a2), 2 (a3), 2 (b), 2 (c), 2 (d), 3 (a), 3 (b), 4 (b) or 10 (a).(2) A person must not carry out development on land to which this clause applies, being land that adjoins a classified road, unless vehicular access to and from the land is made by way of another road (not being a classified road).(3) However, if the proposed development could be carried out on the land concerned but for subclause (2), the Council may, for the purposes of the proposed development, allow permanent vehicular access to and from a classified road, if, in the opinion of Council, alternative access to the site of the proposed development is neither practical nor provided by another road (or a proposed road identified in a development control plan).cll 41–44: Ins 2.11.2001.
45 Savings and transitional provisions
An application for consent to develop land for the purpose of an apartment building, medium density housing, town houses or villas, being an application made (but not finally determined) on or before 20 February 2001, may be determined and have effect as if Baulkham Hills Local Environmental Plan 1991 (Amendment No 85) and Baulkham Hills Local Environmental Plan 1991 (Amendment No 98) had not been made.cl 45: Ins 2.11.2001. Am 1.3.2002.
46 Rouse Hill Regional Centre
(1) The Council must not grant consent to the carrying out of development on land within the Rouse Hill Regional Centre unless the Council has taken into consideration:(a) any relevant development control plans, and(b) the document entitled “Rouse Hill Regional Centre Background Report”, as adopted by the Council, and(c) any requirements of:(i) the Department of Transport, andwith respect to the future provision of a rail link to and through the Rouse Hill Regional Centre.(ii) the Department of Urban Affairs and Planning,(2) In this clause, Rouse Hill Regional Centre means the land shown by distinctive colouring, edging or lettering on the map marked “Baulkham Hills Shire Council Local Environmental Plan 1991 (Amendment No 97)”.cll 46: Ins 7.12.2001.
47 Trunk Drainage and Conservation Zone
The Council must not grant consent to the carrying out of development on land within Zone No 5 (c) unless:(a) it has taken into consideration the requirements of any management plan that the Sydney Water Corporation has identified to the Council as being relevant to that land, and(b) it has obtained the concurrence of the Sydney Water Corporation to the carrying out of that development.cll 47: Ins 7.12.2001.
48 Development within Zone No 2 (e)
(1) The Council must not consent to the carrying out of any of the following development on land within Zone No 2 (e):(a) development that does not provide for the connection of surface stormwater on the land the subject of the development to a piped stormwater drainage system,(b) the erection of a dwelling-house, unless:(i) the proposed dwelling-house is a replacement for an existing dwelling, and(ii) it will have a floor area not exceeding 125% of the floor area of the existing dwelling, and(iii) it will be a light and flexible structure capable of tolerating soil movement,(c) additions or alterations to an existing dwelling-house, unless:(i) the area of the existing dwelling-house will not be increased by more than 25%, and(ii) the additions or alterations will be light and flexible and capable of tolerating soil movement,(d) excavation or filling of land to a depth or height of 300mm from the existing surface level,(e) the erection or installation of:(i) any concrete or fibreglass swimming pool, or(ii) an above-ground swimming pool (unless the pool is less than 1 metre deep),(f) subdivision for the purpose of creating additional lots to be used for residential purposes.(2) A person may, with the consent of the Council:(a) erect a shed or a carport of a lightweight, flexible material, andon land within Zone No 2 (e).(b) replace or reclad the walls of an existing dwelling in a lightweight, flexible material,(3) The Council must not grant consent to the carrying out of any development for which consent may be granted under this clause unless it is satisfied that a suitably qualified engineer experienced in soil and rock mechanics has certified that each structure (if any) proposed to be erected on the land concerned is suitable for that land, having regard to the geotechnical constraints of the land.(4) In this clause:existing dwelling and existing dwelling-house mean (respectively) a dwelling or dwelling-house as it existed on the commencement of Baulkham Hills Local Environmental Plan 1991 (Amendment No 92).existing surface level, in relation to land, means the surface level of the land on the commencement of Baulkham Hills Local Environmental Plan 1991 (Amendment No 92).cll 48: Ins 1.2.2002.
49 Land affected by geotechnical hazard
The Council must not consent to the carrying out of development on land shown stippled black and labelled “Geotechnical Assessment Area” on the map marked “Baulkham Hills Local Environmental Plan 1991 (Amendment No 92)” unless it is satisfied that a geotechnical appraisal of the land (including the sinking of cored boreholes) has been undertaken and that a suitably qualified engineer experienced in soil and rock mechanics has certified that the land is suitable for the proposed development.cll 49: Ins 1.2.2002.
Schedule 1 Heritage items
(Clause 5 (1))
Annangrove RoadHouse, Lot 1, DP 229987, No 44 Annangrove Road, Annangrove
House, Lot 2, DP 529043, No 221 Annangrove Road, Annangrove
House, Lot 3, DP 222080, Annangrove Road, Annangrove
Bevan Place
‘Havilah House’ (and stables), Lots 1 and 3, DP 788924, No 25 Bevan Place, Carlingford
‘Havilah House’ (and stables), Lots 1 and 3, DP 788924, No 25 Bevan Place, Carlingford
Blue Gum Road
House, Lot 4, DP 236989, No 7 Blue Gum Road, Annangrove
House, Lot 4, DP 236989, No 7 Blue Gum Road, Annangrove
Boundary Road
House, Portion 106, Parish of Nelson, No 489 Boundary Road, Maraylya
House, Portion 106, Parish of Nelson, No 489 Boundary Road, Maraylya
Caprera Road
‘Caprera House’, Lot 1, DP 599304, No 65 Caprera Road, Northmead
‘Caprera House’, Lot 1, DP 599304, No 65 Caprera Road, Northmead
Castle Hill Road
‘Glenhope’, Lot 1, DP 537238, No 113 Castle Hill Road, West Pennant Hills
‘Dunrath’, Lot 1, DP 220867, No 139 Castle Hill Road, West Pennant Hills
‘Pine Ridge’, Lot 1, DP 613059, No 151 Castle Hill Road, West Pennant Hills
Gate, Lot B, DP 370432, No 153 Castle Hill Road, West Pennant Hills
‘Fairholme’, Lot A, MPS RP 29990 and Pt Lot 10, DP 389L, No 157 Castle Hill Road, West Pennant Hills
‘Glenhope’, Lot 1, DP 537238, No 113 Castle Hill Road, West Pennant Hills
‘Dunrath’, Lot 1, DP 220867, No 139 Castle Hill Road, West Pennant Hills
‘Pine Ridge’, Lot 1, DP 613059, No 151 Castle Hill Road, West Pennant Hills
Gate, Lot B, DP 370432, No 153 Castle Hill Road, West Pennant Hills
‘Fairholme’, Lot A, MPS RP 29990 and Pt Lot 10, DP 389L, No 157 Castle Hill Road, West Pennant Hills
Cattai Ridge Road
‘Abergeldie’, Lot 1, DP 540834, No 95 Cattai Ridge Road, Glenorie
‘Abergeldie’, Lot 1, DP 540834, No 95 Cattai Ridge Road, Glenorie
Englart Place
‘Chelsea Farm’, Lot 9, DP 255911, Nos 8–10 Englart Place, Baulkham Hills
‘Chelsea Farm’, Lot 9, DP 255911, Nos 8–10 Englart Place, Baulkham Hills
Fuggles Road
House, Lot 5, DP 534130, No 11 Fuggles Road, Kenthurst
House, Lot 5, DP 534130, No 11 Fuggles Road, Kenthurst
Garthowen Crescent
‘Garthowen’, Lot 2, DP 533390, No 14 Garthowen Crescent, Castle Hill
‘Garthowen’, Lot 2, DP 533390, No 14 Garthowen Crescent, Castle Hill
Glenhaven Road
‘Rosenfels’, Lot 1, DP 602286, No 23 Glenhaven Road, Glenhaven
House, Lot A, DP 369993, Green Road, Kellyville
‘Rosenfels’, Lot 1, DP 602286, No 23 Glenhaven Road, Glenhaven
House, Lot A, DP 369993, Green Road, Kellyville
Hession Road
House, Lot 21, DP 565883, No 11 Hession Road, Nelson
House, Lot 21, DP 565883, No 11 Hession Road, Nelson
Junction Road
House, Lot D, DP 163249, No 21 Junction Road, Baulkham Hills
House, Lot D, DP 163249, No 21 Junction Road, Baulkham Hills
Kenthurst Road
House, Pt Lot 12, DP 3020, No 31 Kenthurst Road, Kenthurst
‘Former St Madeleine Sophie Borat Catholic Church’, Part Portion 29, Parish of Nelson, Kenthurst Road, Kenthurst
Kenthurst Literary Institute, Portion 12, Parish of Nelson, No 131 Kenthurst Road, Kenthurst
House, Pt Lot 12, DP 3020, No 31 Kenthurst Road, Kenthurst
‘Former St Madeleine Sophie Borat Catholic Church’, Part Portion 29, Parish of Nelson, Kenthurst Road, Kenthurst
Kenthurst Literary Institute, Portion 12, Parish of Nelson, No 131 Kenthurst Road, Kenthurst
Mary Street
House, Lot 2, DP 591111, No 4 Mary Street, Northmead
House, Lot 2, DP 591111, No 4 Mary Street, Northmead
Mile End Road
Cemetery, Lots 49, 50 and 51, DP 193021 Mile End Road, Rouse Hill
‘Aberdoon’, House, Lot 1, DP 564652 Mile End Road, Rouse Hill
Slab Hut, Lot 1, DP 564652 Mile End Road, Rouse Hill
Cemetery, Lots 49, 50 and 51, DP 193021 Mile End Road, Rouse Hill
‘Aberdoon’, House, Lot 1, DP 564652 Mile End Road, Rouse Hill
Slab Hut, Lot 1, DP 564652 Mile End Road, Rouse Hill
Mud Island Road
‘The Parsonage’, Lot 3, DP 740110, Mud Island Road, Sackville
Uniting Church and Cemetery, Part Portion 46, Parish of Cornelia, Mud Island Road, Sackville
‘The Parsonage’, Lot 3, DP 740110, Mud Island Road, Sackville
Uniting Church and Cemetery, Part Portion 46, Parish of Cornelia, Mud Island Road, Sackville
Nelson Road
House and Barn, Lot 2, DP 565176, No 554 Nelson Road, Nelson
House and Barn, Lot 2, DP 565176, No 554 Nelson Road, Nelson
North Rocks Road
‘Rockcliff’, Lot 7, DP 234271, No 224 North Rocks Road, North Rocks
‘Rockcliff’, Lot 7, DP 234271, No 224 North Rocks Road, North Rocks
Old Northern Road
‘Creasy’s’, Lots 16 and 17, DP 2489, Nos 11–13 Old Northern Road, Baulkham Hills
House, Lot 23, DP 739791, No 37 Old Northern Road, Baulkham Hills
House, Lot 2, DP 207936, No 60 Old Northern Road, Baulkham Hills
House, Lot 1, DP 210051, No 66 Old Northern Road, Baulkham Hills
House, Lot B, DP 420528, No 67 Old Northern Road, Baulkham Hills
‘Durham Park’, Lot 1, DP 215894, Nos 174–176 Old Northern Road, Castle Hill
‘Bellerive’, Lot 1, DP 516491, No 177 Old Northern Road, Castle Hill
‘St Gabriels’, Part Portion 122, Parish of Castle Hill, part Lot 6, Section 7, DP 2490, Lots 43–51, DP 10049 and Lots 9–10, DP 10049, No 190 Old Northern Road, Castle Hill
‘The Parsonage’, Lot X, DP 418941, No 210 Old Northern Road, Castle Hill
‘Darcey Hey’, Lots 22–26 and Lots 3–7, DP 13414, Nos 215–219 Old Northern Road, Castle Hill
‘St Paul’s Church’, part Lot 10, DP 13414, No 225 Old Northern Road, Castle Hill
‘Wansbrough House’, Lot 4, DP 533918, Nos 226–230 Old Northern Road, Castle Hill
House, Lot 8, DP 6760, No 244 Old Northern Road, Castle Hill
‘St Paul’s Cemetery’, Part Portion 30, Parish of Field of Mars, No 245 Old Northern Road, Castle Hill
Castle Hill Public School, DP 2496, No 266 Old Northern Road, Castle Hill
House, Lot 1, DP 530501, No 342 Old Northern Road, Castle Hill
Government Farm Site, Old Northern Road, Castle Hill
House, Lot 2, DP 568234, No 428 Old Northern Road, Glenhaven
‘Allens House’, Lot 37, DP 715200, No 548 Old Northern Road, Round Corner Dural
‘Roughley House—The Pines’, Lot 11, DP 734457, No 656 Old Northern Road, Dural
Convict Stockade Site, Lots 3 and 4, DP 228881, Old Northern Road, Wisemans Ferry
Police Station and Residence, Portion 36, Parish of Cornelia, Old Northern Road, Wisemans Ferry
Post Office and Residence, Part Portion 39, Parish of Cornelia, Old Northern Road, Wisemans Ferry
Cable Ferry—Wisemans Ferry, Old Northern Road, Wisemans Ferry
‘Creasy’s’, Lots 16 and 17, DP 2489, Nos 11–13 Old Northern Road, Baulkham Hills
House, Lot 23, DP 739791, No 37 Old Northern Road, Baulkham Hills
House, Lot 2, DP 207936, No 60 Old Northern Road, Baulkham Hills
House, Lot 1, DP 210051, No 66 Old Northern Road, Baulkham Hills
House, Lot B, DP 420528, No 67 Old Northern Road, Baulkham Hills
‘Durham Park’, Lot 1, DP 215894, Nos 174–176 Old Northern Road, Castle Hill
‘Bellerive’, Lot 1, DP 516491, No 177 Old Northern Road, Castle Hill
‘St Gabriels’, Part Portion 122, Parish of Castle Hill, part Lot 6, Section 7, DP 2490, Lots 43–51, DP 10049 and Lots 9–10, DP 10049, No 190 Old Northern Road, Castle Hill
‘The Parsonage’, Lot X, DP 418941, No 210 Old Northern Road, Castle Hill
‘Darcey Hey’, Lots 22–26 and Lots 3–7, DP 13414, Nos 215–219 Old Northern Road, Castle Hill
‘St Paul’s Church’, part Lot 10, DP 13414, No 225 Old Northern Road, Castle Hill
‘Wansbrough House’, Lot 4, DP 533918, Nos 226–230 Old Northern Road, Castle Hill
House, Lot 8, DP 6760, No 244 Old Northern Road, Castle Hill
‘St Paul’s Cemetery’, Part Portion 30, Parish of Field of Mars, No 245 Old Northern Road, Castle Hill
Castle Hill Public School, DP 2496, No 266 Old Northern Road, Castle Hill
House, Lot 1, DP 530501, No 342 Old Northern Road, Castle Hill
Government Farm Site, Old Northern Road, Castle Hill
House, Lot 2, DP 568234, No 428 Old Northern Road, Glenhaven
‘Allens House’, Lot 37, DP 715200, No 548 Old Northern Road, Round Corner Dural
‘Roughley House—The Pines’, Lot 11, DP 734457, No 656 Old Northern Road, Dural
Convict Stockade Site, Lots 3 and 4, DP 228881, Old Northern Road, Wisemans Ferry
Police Station and Residence, Portion 36, Parish of Cornelia, Old Northern Road, Wisemans Ferry
Post Office and Residence, Part Portion 39, Parish of Cornelia, Old Northern Road, Wisemans Ferry
Cable Ferry—Wisemans Ferry, Old Northern Road, Wisemans Ferry
Old Windsor Road
‘Bella Vista’, Lots 1 and 2, DP 584274 and Pt Lot 102, DP 624844, Old Windsor Road, Kellyville
‘Bella Vista’, Lots 1 and 2, DP 584274 and Pt Lot 102, DP 624844, Old Windsor Road, Kellyville
Pennant Hills Road
‘Gowan Brae Group’, comprising ‘Gowan Brae House’, Kings School Chapel, Gatehouse and fence, aviary, fountain, rotunda and ‘The Cedars’, Lot 1, FP 57491, Pennant Hills Road, North Parramatta
‘Stoneleigh’, Lot 3, DP 10149, No 570 Pennant Hills Road, West Pennant Hills
‘Gowan Brae Group’, comprising ‘Gowan Brae House’, Kings School Chapel, Gatehouse and fence, aviary, fountain, rotunda and ‘The Cedars’, Lot 1, FP 57491, Pennant Hills Road, North Parramatta
‘Stoneleigh’, Lot 3, DP 10149, No 570 Pennant Hills Road, West Pennant Hills
Pitt Town Road
‘Speedwell’, Lot 3, DP 586852, No 68 Pitt Town Road, Kenthurst
House and barn, Lot 101, DP 598991, No 79 Pitt Town Road, Kenthurst
Barn, Lot 2, DP 561074, No 80 Pitt Town Road, Kenthurst
‘Speedwell’, Lot 3, DP 586852, No 68 Pitt Town Road, Kenthurst
House and barn, Lot 101, DP 598991, No 79 Pitt Town Road, Kenthurst
Barn, Lot 2, DP 561074, No 80 Pitt Town Road, Kenthurst
Post Office Road
William Daley’s Grave, Lot 15, DP 718030, Post Office Road, Cattai
‘Rose Park’, Lot 15, DP 718030, Post Office Road, Cattai
William Daley’s Grave, Lot 15, DP 718030, Post Office Road, Cattai
‘Rose Park’, Lot 15, DP 718030, Post Office Road, Cattai
Pye Road
‘Pye’s Cottage’, Lot 101, DP 610717, No 11 Pye Road, Northmead
‘Pye’s Cottage’, Lot 101, DP 610717, No 11 Pye Road, Northmead
River Road
‘Dargle’, Lots 1–4, DP 109718, River Road, Lower Portland
‘Uniting Church’, Part Portion 56 and Part Portion 57, Parish of Cornelia, (Real Property Appn 9385), River Road, Lower Portland
‘Peacocks’, Lot 3, DP 556756, River Road, Lower Portland
‘Browns Cemetery’, Lot 2, DP 34182, River Road, Lower Portland
Cable Ferry—Webbs Creek, River Road, Wisemans Ferry
‘St Mary Magdalene Anglican Church’, Part Portion 37, Parish of Cornelia, River Road, Wisemans Ferry
‘Dargle’, Lots 1–4, DP 109718, River Road, Lower Portland
‘Uniting Church’, Part Portion 56 and Part Portion 57, Parish of Cornelia, (Real Property Appn 9385), River Road, Lower Portland
‘Peacocks’, Lot 3, DP 556756, River Road, Lower Portland
‘Browns Cemetery’, Lot 2, DP 34182, River Road, Lower Portland
Cable Ferry—Webbs Creek, River Road, Wisemans Ferry
‘St Mary Magdalene Anglican Church’, Part Portion 37, Parish of Cornelia, River Road, Wisemans Ferry
Robbins Road
‘Markyle’, Lot 2, DP 712726, Robbins Road, Box Hill
‘Markyle’, Lot 2, DP 712726, Robbins Road, Box Hill
Russell Street
Baulkham Hills Public School, Lots 1–5 and 17–22, DP 8214, Lot 27, DP 201089, Nos 5–13 Russell Street, Baulkham Hills
Baulkham Hills Public School, Lots 1–5 and 17–22, DP 8214, Lot 27, DP 201089, Nos 5–13 Russell Street, Baulkham Hills
Sackville Maroota Road
Cable Ferry—Sackville, Sackville–Maroota Road, Sackville
‘Brewongle Field Studies Centre’, Portion 62, Parish of Cornelia, Sackville–Maroota Road, Sackville North
Cable Ferry—Sackville, Sackville–Maroota Road, Sackville
‘Brewongle Field Studies Centre’, Portion 62, Parish of Cornelia, Sackville–Maroota Road, Sackville North
Seven Hills Road
‘Thornbury Lodge’, Lot 15, DP 23735, Lots A–E DP 27708, No 38 Seven Hills Road, Baulkham Hills
Balcombe Heights Community Buildings, Lot 94, DP 590170, Lot 3, DP 594078, Seven Hills Road, Baulkham Hills
Pearce Cemetery, Lot 100, DP 707538, Seven Hills Road, Baulkham Hills
‘Thornbury Lodge’, Lot 15, DP 23735, Lots A–E DP 27708, No 38 Seven Hills Road, Baulkham Hills
Balcombe Heights Community Buildings, Lot 94, DP 590170, Lot 3, DP 594078, Seven Hills Road, Baulkham Hills
Pearce Cemetery, Lot 100, DP 707538, Seven Hills Road, Baulkham Hills
Showground Road
House, Lot 202, DP 551843, No 74 Showground Road, Castle Hill
House, Lot 202, DP 551843, No 74 Showground Road, Castle Hill
Terry Road
McCall Garden Colony, Lot 1, DP 27502 Terry Road, Box Hill
McCall Garden Colony, Lot 1, DP 27502 Terry Road, Box Hill
The Water Lane
‘Former Hunting Lodge’, Lot 174, DP 10157, The Water Lane, Box Hill
‘Former Hunting Lodge’, Lot 174, DP 10157, The Water Lane, Box Hill
Valerie Avenue
‘Joyce Farmhouse’, Lots 36 and 46, DP 238502, No 15 Valerie Avenue, Baulkham Hills
‘Joyce Farmhouse’, Lots 36 and 46, DP 238502, No 15 Valerie Avenue, Baulkham Hills
Victoria Road
Maryland Stud Gates, Lot 11, DP 30803, Victoria Road, Kellyville
Maryland Stud Gates, Lot 11, DP 30803, Victoria Road, Kellyville
View Street
‘Eurambie Park, Lot 102, DP 803942, View Street, West Pennant Hills
‘Eurambie Park, Lot 102, DP 803942, View Street, West Pennant Hills
Windermere Avenue
House, Lot 15, DP 8884, No 3 Windermere Avenue, Northmead
House, Lot 16, DP 8884, No 5 Windermere Avenue, Northmead
House, Lot 2, DP 597384, No 7 Windermere Avenue, Northmead
House, Lot 15, DP 8884, No 3 Windermere Avenue, Northmead
House, Lot 16, DP 8884, No 5 Windermere Avenue, Northmead
House, Lot 2, DP 597384, No 7 Windermere Avenue, Northmead
Windsor Road
House, Lot AY, DP 402414, No 145 Windsor Road, Baulkham Hills
‘The Pines’, Lots A and B, DP 338168, No 153 Windsor Road, Northmead
House, Lot 3, DP 14725, No 175 Windsor Road, Northmead
House, Lot 6, DP 8884, No 181 Windsor Road, Northmead
House, Lots 7–8, DP 8884, Nos 183–185 Windsor Road, Northmead
House, Lot 9, DP 8884, No 187 Windsor Road, Northmead
House, Lot 10, DP 8884, No 189 Windsor Road, Northmead
House, Lot C, DP 156902, No 227 Windsor Road, Northmead
House, Lot 1 DP 26848, No 243 Windsor Road, Baulkham Hills
House, Pt Portion 13, Parish of Field of Mars, No 245 Windsor Road, Baulkham Hills
‘St Michaels Church’, Lot 100, DP 711470, Windsor Road, Baulkham Hills
Alliance Church, Lots 7–9, DP 249689, Lot 20, DP 711101, Windsor Road, Baulkham Hills
House, Lot 1, DP 534669, No 41 Windsor Road, Kellyville
‘Mount St. Francis’, House, Lot 4, DP 402692, Windsor Road, Kellyville
Former Divine Word Missionaries, Part Portion 93, Parish of Castle Hill (Pt 79832) Windsor Road, Kellyville
‘Mungerie’, Lot 2, DP 702137 Windsor Road, Rouse Hill
‘Royal Oak Inn’, Lot 1, DP 747364, Windsor Road, Rouse Hill
‘Christchurch’, Part Portion 79, Parish of Castle Hill, Windsor Road, Rouse Hill
Rouse Hill Public School, Lot 2, DP 241463, Lot 1, DP 521503, Part Portion 124, Parish of Nelson (Conv No 62, Bk 224) Windsor Road, Rouse Hill
Former Box Hill Inn, Part Portion 95, Parish of Nelson, Windsor Road, Rouse Hill
House, Lot AY, DP 402414, No 145 Windsor Road, Baulkham Hills
‘The Pines’, Lots A and B, DP 338168, No 153 Windsor Road, Northmead
House, Lot 3, DP 14725, No 175 Windsor Road, Northmead
House, Lot 6, DP 8884, No 181 Windsor Road, Northmead
House, Lots 7–8, DP 8884, Nos 183–185 Windsor Road, Northmead
House, Lot 9, DP 8884, No 187 Windsor Road, Northmead
House, Lot 10, DP 8884, No 189 Windsor Road, Northmead
House, Lot C, DP 156902, No 227 Windsor Road, Northmead
House, Lot 1 DP 26848, No 243 Windsor Road, Baulkham Hills
House, Pt Portion 13, Parish of Field of Mars, No 245 Windsor Road, Baulkham Hills
‘St Michaels Church’, Lot 100, DP 711470, Windsor Road, Baulkham Hills
Alliance Church, Lots 7–9, DP 249689, Lot 20, DP 711101, Windsor Road, Baulkham Hills
House, Lot 1, DP 534669, No 41 Windsor Road, Kellyville
‘Mount St. Francis’, House, Lot 4, DP 402692, Windsor Road, Kellyville
Former Divine Word Missionaries, Part Portion 93, Parish of Castle Hill (Pt 79832) Windsor Road, Kellyville
‘Mungerie’, Lot 2, DP 702137 Windsor Road, Rouse Hill
‘Royal Oak Inn’, Lot 1, DP 747364, Windsor Road, Rouse Hill
‘Christchurch’, Part Portion 79, Parish of Castle Hill, Windsor Road, Rouse Hill
Rouse Hill Public School, Lot 2, DP 241463, Lot 1, DP 521503, Part Portion 124, Parish of Nelson (Conv No 62, Bk 224) Windsor Road, Rouse Hill
Former Box Hill Inn, Part Portion 95, Parish of Nelson, Windsor Road, Rouse Hill
Wisemans Ferry Road
‘Caddie House’, (Cattai State Recreation Area), Lots 1–2, DP 605329, Wisemans Ferry Road, Cattai
‘Hope Farm’ and Mill Ruins, Portion 4, Parish of Maroota, Wisemans Ferry Road, Cattai
‘Montrose’, Lot 2, DP 622865, Wisemans Ferry Road, Cattai
‘Johnstons’, Portion 37/38, Parish of Maroota, Wisemans Ferry Road, Cattai
‘Terry Mount’, Portion 31, Parish of Maroota, Wisemans Ferry Road, Cattai
‘Merrymount’, Lot 1, DP 571759, Wisemans Ferry Road, Cattai
‘Bungool’, Lot 11, DP 605831, Wisemans Ferry Road, Cattai
‘Stonehouse Grove’, Lot 4, DP 748889, Wisemans Ferry Road, Cattai
‘Caddie House’, (Cattai State Recreation Area), Lots 1–2, DP 605329, Wisemans Ferry Road, Cattai
‘Hope Farm’ and Mill Ruins, Portion 4, Parish of Maroota, Wisemans Ferry Road, Cattai
‘Montrose’, Lot 2, DP 622865, Wisemans Ferry Road, Cattai
‘Johnstons’, Portion 37/38, Parish of Maroota, Wisemans Ferry Road, Cattai
‘Terry Mount’, Portion 31, Parish of Maroota, Wisemans Ferry Road, Cattai
‘Merrymount’, Lot 1, DP 571759, Wisemans Ferry Road, Cattai
‘Bungool’, Lot 11, DP 605831, Wisemans Ferry Road, Cattai
‘Stonehouse Grove’, Lot 4, DP 748889, Wisemans Ferry Road, Cattai
Withers Road
‘Wellgate’, Lot 1, DP 540785, Withers Road, Kellyville
Private Burial Ground and Ruins, Lot 2, DP 564652, Withers Road, Kellyville
‘Wellgate’, Lot 1, DP 540785, Withers Road, Kellyville
Private Burial Ground and Ruins, Lot 2, DP 564652, Withers Road, Kellyville
Wrights Road
House, Lot 115, DP 2123, Wrights Road, Kellyville
‘Winslow’, House, Lot 1, DP 513521, Wrights Road, Kellyville
House, Lot 115, DP 2123, Wrights Road, Kellyville
‘Winslow’, House, Lot 1, DP 513521, Wrights Road, Kellyville
sch 1: Subst 12.6.1992. Am 26.9.1997; 30.4.1999; 25.1.2001.
Schedule 2
(Clause 9)
Airline terminalsAmusement parks
Animal boarding, breeding and training establishments
Bulky goods retailing
Bus depots
Bus stations
Car repair stations
Caravan parks
Clubs
Commercial premises
Extractive industries
Generating works
Guest houses
Helipads
Heliports
Hospitals
Hotels
Industries (other than home activities)
Institutions
Intensive lot feeding of livestock
Junk yards
Landscape supply establishments
Light industries
Liquid fuel depots
Mines
Motels
Motor showrooms
Motor vehicle servicing
Offensive or hazardous industries
Pig keeping
Poultry farming
Reception establishments
Recreation facilities
Research establishments
Restaurants
Retail plant nurseries
Roadside stalls
Road transport terminals
Rural industries
Rural workers’ dwellings
Sawmills
Service stations
Shop top housing
Shops
Stock and sale yards
Taverns
Tourist facilities
Transport terminals
Veterinary establishments
Warehouses
Waste disposal
Wholesale plant nurseries
sch 2: Am 7.12.2001.
Schedule 3
(Clause 9)
Chemist’s shopsConfectionary shops or milk bars
Hairdressing salons
Industrial real estate brokerages
Liquor stores
Medical practitioners’ surgeries
Newsagencies
Refreshment rooms
Smallgoods and sandwich shops
Schedule 3A Exempt development
(Clause 9A)
Development consisting of erection and use or carrying out of the following: | Exemption requirements |
ACCESS RAMPS FOR THE DISABLED | • Maximum height 1m (above ground level). • Maximum grade 1:20. • Structurally adequate construction. • Compliance with any relevant provisions of the Building Code of Australia. |
ADVERTISING (including the erection of a structure or the carrying out of a work)—a display of symbols, messages or other devices for promotion or for conveying information, instructions, directions of the like, whether or not the display includes the erection of a structure, or the carrying out of a work, which relates to the use of the building | The following requirements apply, subject to any specific requirements below: • No moving or flashing sign or other device. • No roof-top signs. • No airborne signs or blimps. • No A-frame boards or signs. • Advertising structures over public roads to be set back at least 600mm from carriageway edge. • The advertising must relate to the use of the building on (or on the land on) which it is displayed. • Compliance with any relevant provisions of the Building Code of Australia, including Section B1 (“Structural Provisions”). |
1 Business identification signs where home occupations are allowed | • One per premises. • Signs not exceeding 0.75m2 in area. • Located wholly within the property boundaries. • Shall not be illuminated. • Maximum height of a freestanding sign above ground level is 1.2m. • Compliance with any relevant requirements of the Building Code of Australia. |
2 Business Real estate signs (advertising premises / land for sale or rent) in areas zoned RESIDENTIAL or RURAL | • One sign per premises or street frontage, whichever is the greater. • Only until sale or leasing of the dwelling. • Each sign not exceeding 2.5m2 in area. • Located wholly within the property boundary or attached to the existing boundary fence and not projecting more than 100mm from the fence. • Compliance with any relevant requirements of the Building Code of Australia. |
3 Advertisements within a site but not visible from a public place | • Compliance with any relevant requirements of the Building Code of Australia. |
4 A public notice displayed by a public body giving information or directions about the services provided | • One sign per 20m of street frontage, per premises. • Signs not exceeding 3.5m2 in area. • Located wholly within the property boundary or attached to the existing boundary fence and not projecting more than 100mm from the fence. • Compliance with any relevant requirements of the Building Code of Australia. |
5 Temporary signs for religious, cultural, political, social or recreational events | • One per street frontage. • Not exceeding 1.5m2 in residential areas and 3.5m2 in commercial and industrial areas. • Located wholly within the property boundary. • Does not include commercial advertising apart from name of event sponsor(s). • Not displayed earlier than 28 days before event and must be removed within 14 days after the event. • Construction by or for the Council. • Compliance with any relevant requirements of the Building Code of Australia. |
6 Street signs comprising name plates, directional signs and advance traffic warning signs | • Compliance with any relevant requirements of the Building Code of Australia. |
AERIALS / ANTENNAE / MICROWAVE ANTENNAE (not including satellite dishes—dealt with as separate provision) | • For domestic use only. • Structurally adequate construction. • Maximum number of 3 aerials. • Maximum height 6m. • Compliance with any relevant requirements of the Building Code of Australia. |
AIR CONDITIONING UNITS FOR DWELLINGS (attached to external wall or ground mounted) | • Noise level not to exceed 5dBA above ambient background noise level measured at the property boundary. • Building work must not reduce the structural integrity of the building. • Any opening created is to be adequately weatherproofed. • Compliance with any relevant requirements of the Building Code of Australia. |
AWNINGS, CANOPIES AND STORM BLINDS ON DWELLINGS | • Maximum area 20m2. • Located wholly within property boundaries. • Structurally adequate construction. • Compliance with any relevant requirements of the Building Code of Australia. |
BARBECUES | • Maximum area of 2m2. • Maximum chimney height of 2m above natural ground level. • Located in rear yard area or, if behind a courtyard wall, with no greater than 200mm of the chimney above the wall. • Structurally adequate construction. • Not located adjoining a property boundary. • Compliance with any relevant requirements of the Building Code of Australia. |
BIRD AVIARIES—an enclosure in which birds are kept for domestic purposes only | • Maximum area 10m2 total cumulative area. • Maximum height 2.1m above natural ground level. • Non reflective materials. • Located in rear yard and not closer than 500mm from an adjoining property boundary. • Located a minimum 9m from any dwelling on an adjoining property. • Structurally adequate construction. • Compliance with any relevant requirements of the Building Code of Australia. |
CABANAS / GAZEBOS AND GREEN HOUSES | • Maximum area 10m2. • Maximum height 2.4m. • Not to be used for habitable purposes. • Stormwater to be connected to existing stormwater system. • Structurally adequate construction. • Non reflective surface finishes. • Compliance with any relevant requirements of the Building Code of Australia. |
CLASSROOMS—PORTABLE | • On land (other than land within Zone No 2 (e)) on which a government or non-government school is situated.. • Height of portable classroom not exceeding 1 storey. • Use of portable classroom for not more than 5 years after the date of its erection. • Must comply with the minimum road frontage setbacks as required by any locality DCP applying to the subject land. • Must be set back a minimum of 3 metres from a side or rear boundary, and 3 metres from any other building on the site. • Compliance with any relevant requirements of the Building Code of Australia. |
CLOTHES HOISTS / LINES | • Installed to manufacturer’s specifications. |
DECKS (unroofed and attached to dwellings that are not located in areas identified by Council as bushfire prone) | • Maximum area 10m2. • Finished surface level to be not greater than 1m above existing ground level. • Boundary setbacks for existing dwelling to be maintained. • Structurally adequate construction. • Compliance with any relevant requirements of the Building Code of Australia. |
DEMOLITION | • Where erection of the structure is exempt development under the provisions of this plan. • Demolition must be carried out in accordance with Australian Standard AS 2601–1991—The demolition of structures. • Compliance with any relevant requirements of the Building Code of Australia. |
FENCES (other than fences covered by the Swimming Pools Act 1992) | • All fences are to be constructed so that they do not prevent the natural flow of stormwater drainage/run off. • Compliance with any relevant requirements of the Building Code of Australia. |
1 Boundary | |
| • Maximum height 1m if constructed of timber, metal or lightweight materials. |
| • Maximum height 1.8m if constructed of timber, metal or lightweight materials. |
2 Masonry or Brick fences | • Maximum height of 1m. |
3 Security fences | • Chain wire type fences around Council owned compounds and depots. |
4 Rural zones—Electric fences, in areas zoned RURAL only | • To be erected in accordance with AS 3014–1991—Electrical installations—Electric fences. |
FLAGPOLES in residential zones | • Maximum height 6m above ground level. • Must be structurally adequate. • Installed to manufacturer’s specifications. • If flagpoles are to project over a public road they must comply with the Local Government (Approvals) Regulation 1999. • Compliance with any relevant requirements of the Building Code of Australia. |
FLAGPOLES in commercial or industrial zones | • Maximum height 9m above natural ground level. • Approval needed for any corporate flags. • Must be structurally adequate. • Installed to manufacturer’s specifications. • If flagpoles are to project over a public road they must comply with the Local Government (Approvals) Regulation 1999. • Compliance with any relevant requirements of the Building Code of Australia. |
FOWL HOUSE (for the keeping of chickens, hens and roosters), in areas zoned RURAL only | • Must comply with the standards contained in the Local Government (Orders) Regulation 1999. • Maximum area of 50m2. • Must be structurally adequate. • Maximum height of 3m. • Not more than one per property. • Materials used must be non reflective. • Adequate drainage must be provided. |
FUEL TANKS used in conjunction with agricultural activities on properties in excess of 2 hectares in areas zoned RURAL | • Maximum size 5,000 litres. • Constructed of prefabricated metal, freestanding and not relying on other structures for support. • Erected in accordance with manufacturer’s specification. • Kept in accordance with AS 1940–1993—The storage and handling of flammable and combustible liquids, including requirements for bunding. • Not to be erected within 20m of the street boundary or within 4m of the side or rear boundary. • Wholly within the boundaries of the property and not to encroach on any registered easements. • Clearance from power lines to be in accordance with relevant electricity authority requirements. • Compliance with any relevant requirements of the Building Code of Australia. |
GARDEN SHEDS | • Free standing and prefabricated. • Maximum floor area 10m2 cumulative. • Maximum height 2.1m. • Must be located in the rear yard of premises. • Non reflective materials. • Installed to manufacturer’s specifications. • Structurally adequate construction. • Compliance with any relevant requirements of the Building Code of Australia. |
HORSE STABLES (keeping up to 4 horses), and ANIMAL SHELTERS in areas zoned RURAL only) | • Must comply with the Local Government (Orders) Regulation 1999. • Maximum size 50m2 and maximum height 3.0m. • Constructed of timber (cut or round) or metal. • Any cladding to have a low reflective finish and be fixed in accordance with manufacturer’s specification. • Erected within the boundaries of the property and not within 20m of a road boundary or 4m from the side or rear boundaries. • Not to encroach on any registered easement. • Structurally adequate construction. • Compliance with any relevant requirements of the Building Code of Australia. |
LANDSCAPING | • Landscaping works carried out in conjunction with other exempt development. |
LETTER BOX (free standing or in “banks”) | • Maximum height of 1.2m above ground level. • Sufficient boxes to provide one for each occupancy. • Appropriate numbering for each box. • Structurally stable with adequate footings. • Located within property. |
MINOR ALTERATIONS | |
1 Residential premises | |
| • Applies only to replacement of doors, wall, ceiling or floor linings, or deteriorated frame members with equivalent or improved quality materials, and renovations of bathrooms, kitchens, inclusion of built-in fixtures such as vanities, cupboards and wardrobes. • Applies only to alterations or renovations to previously completed buildings. • Work not to cause reduced window arrangements for light and ventilation needs, reduced doorways for egress purposes or involve enclosure of open areas. • Compliance with any relevant requirements of the Building Code of Australia. |
| • Being changes that involve the repair or renovation, or the painting, plastering or other decoration, of the building or work, but does not include the enlargement or extension of the building or work. • Compliance with any relevant requirements of the Building Code of Australia. |
2 Commercial premises | |
| • Non structural work, such as shelving, displays, benches and partitions that do not provide structural support to any part of the building. • Floor area not to exceed 20m2. • Work must not compromise fire safety or affect accessibility to a fire exit. • Work must not include changes to the configuration of rooms whether by removal of walls or other means of structural support. • Food premises to comply with A Guide to Food Safety Standards (ANZFA 2001). • Compliance with any relevant requirements of the Building Code of Australia. |
| • Being changes that involve the repair or renovation, or the painting, plastering or other decoration, of the building or work, but does not include a reference to the enlargement or extension of the building or work. • Compliance with any relevant requirements of the Building Code of Australia. |
PATIO AT GROUND LEVEL abutting a dwelling | • Stormwater from patio surface not to be redirected into adjoining property. • Sufficient step down is to be provided to prevent the entry of water into the dwelling. • Structurally adequate construction. |
PERGOLA | • Maximum area 20m2 • Maximum height 2.4m. • Must maintain boundary setbacks required for the associated dwelling with a minimum of 900mm from a boundary. • Structurally adequate construction. • Compliance with any relevant requirements of the Building Code of Australia. |
PLAYGROUND EQUIPMENT (excluding Cubby Houses see below) | |
(a) Residential Use | • Maximum height of 2.1m • Maximum ground coverage of 10m2. • Structure must be at least 1.2m away from a pool safety fence measured in accordance with AS 1926.2–1995—Swimming pool safety—Location of fencing for private swimming pools. • Compliance with any relevant requirements of the Building Code of Australia. |
(b) Non Residential Use | • Maximum height of 2.1m. • Maximum ground coverage of 10m2. • Adequate safety arrangements, including soft landing surfaces to be provided. • Structure must be at least 1.2m away from a pool safety fence measured in accordance with AS 1926.1–1993—Swimming pool safety—Fencing for swimming pools. • Compliance with any relevant requirements of the Building Code of Australia. |
Cubby Houses | • Must be installed in accordance with manufacturer’s instructions and comply with any relevant Australian Standards (AS 1924.1–1981—Playground equipment for parks, schools and domestic use—General requirements, AS 1924.2–1981—Playground equipment for parks, schools and domestic use—Design and construction—Safety aspects (incorporating Amdt 1) and AS/NZS 4486:1:1997—Playgrounds and playground equipment—Development, installation, inspection, maintenance and operation). • Structure must be at least 1.2m away from a pool safety fence measured in accordance with AS 1926.2–1995—Swimming pool safety—Location of fencing for private swimming pools. • Maximum height of 2.1m. • Maximum area 10m2. • Installed to manufacturer’s specification. • Structurally adequate construction on a uniformly stable foundation. • Compliance with any relevant requirements of the Building Code of Australia. |
PRIVACY SCREENS | • Maximum height 2.4m. • Maximum length 10m. • Must be installed in rear yard. • Construction of translucent materials. • Structurally adequate construction. • Must be free standing and not attached to boundary fence without adjoining owner’s consent. • Compliance with any relevant requirements of the Building Code of Australia. |
RE-CLADDING OF ROOFS OR WALLS or repair/maintenance of damaged materials | • Must only involve replacing existing materials with similar materials which are compatible with the existing building and finish. • Re-cladding must not involve structural alterations or change to the external configuration of a building. • Must comply with requirements of the WorkCover Authority relating to removal of lead paint and asbestos cement. • Compliance with any relevant requirements of the Building Code of Australia. |
RETAINING WALLS | • Maximum height 0.6m for retaining filling and maximum 1m for excavation. • Masonry walls to comply with: • Timber walls to comply with: • All retaining walls are to be constructed so that they do not prevent the natural flow of stormwater drainage/run off. • Compliance with any relevant requirements of the Building Code of Australia. • Not on land within Zone No 2 (e). |
SATELLITE DISHES | |
1 Residential | • Mounted on the ground only. • Maximum height of 2.4m above natural ground level. • Maximum diameter 1m. • One installation per dwelling. • A minimum of 900mm from a property boundary. • Situated no closer to the street than the associated dwelling. • Building. • One installation per dwelling. • Located below the ridge of the dwelling. • Structurally stable. • Compliance with any relevant requirements of the Building Code of Australia. |
2 Commercial | |
| • Maximum height and diameter of 2.4m. • Situated a minimum of 900mm from the boundary of the adjoining property, if residential. • One installation per property. • Structurally stable. • Compliance with any relevant requirements of the Building Code of Australia. |
| • Maximum diameter of 2.0m. • To be located a minimum of 900mm off all property boundaries. • One installation per building. • Structurally stable. • Freestanding 2.4m. • Compliance with any relevant requirements of the Building Code of Australia. |
SHEDS for or in conjunction with agricultural activities in areas zoned RURAL only | • Land must be in Zone No 1 (a), 1 (b), 1 (c) or 1 (d). • Maximum size 50m2 cumulative and maximum height 5m. • Structurally adequate construction. • Constructed of non reflective materials and prefabricated metal. • Roof water is not to discharge onto adjoining properties and is to be directed to a water tank or 3m clear of any structure. • To be erected within the boundaries of the allotment and not within 20m of a boundary adjoining a road or within 10m of rear and side boundaries. • Not to encroach into any registered easement. • To be located clear of septic disposal area or other services. • Not to be erected above the height of land ridge lines or within 20m of a dwelling on an adjoining property. • Not a machinery or hay shed unrelated to the normal agricultural activities on the property. • Compliance with any relevant requirements of the Building Code of Australia. |
SKYLIGHT / ROOF WINDOWS | • Maximum area of skylight not to exceed 2m2. • Located not less than 900mm from a property boundary and not less than 900mm from a wall separating attached dwellings. • The building work must not reduce the structural integrity of the building or involve structural alterations. • Any opening created by the installation must be adequately weatherproofed. • Installation must be to manufacturer’s instructions. • Compliance with any relevant provisions of the Building Code of Australia. |
SOLAR WATER HEATERS AND SOLAR PANELS | • Installed to manufacturer’s specifications and requirements. • Installed by a licensed tradesperson. • Associated building work must not reduce the structural integrity of the building or involve structural alterations. • Any openings created by an installation must be adequately weatherproofed. • Must not protrude above the ridge level. |
STOCKYARDS AND SHELTERS in conjunction with normal agricultural activities on the property excluding commercial or intensive uses only in areas zoned RURAL | • Maximum yard area of 0.5 hectare. • Maximum height of shelters 2.7m. • Structurally adequate construction. • Constructed of timber or metal. • Not to be erected within 20m of the street boundary or within 4m of the side or ear boundary. • Sited wholly within the boundaries of the property and not within 50m of a water course, a dwelling on an adjoining property or any registered easement. • Must be used in association with normal agricultural activities on the property. • Compliance with any relevant provisions of the Building Code of Australia. |
WATER HEATERS (excluding solar systems) | • Replacement or new installations. • The work must not reduce the structural integrity of the building or involve structural alterations. • Installation to be carried out by a licensed person. |
WATER TANKS at or above ground level | |
1 Rural areas (up to 2 tanks per dwelling and another 2 associated with farm buildings not near a dwelling) | • Maximum 17,000 litres capacity per above ground tank, 60,000 litres per inground tank. • Maximum height of 2.4m above natural ground level. • Situated no closer to a street than an associated dwelling. • Must be structurally adequate. • All tanks/tank stand installations to be structurally sound and comply with the manufacturers and/or designer’s instructions. • Compliance with any relevant requirements of the Building Code of Australia. |
2 Urban areas (One per dwelling or other premises) | • Maximum installed height above ground level of 2.0m including any stand (Maximum stand height 450mm). • Maximum storage capacity of 5,000 litres. • Located no closer to the street than the associated dwelling. • All tanks/tank stand installations to be structurally sound and comply with the manufacturers and/or designer’s instructions. • Pumps not to cause a noise nuisance. • Compliance with any relevant requirements of the Building Code of Australia. • Not on land within Zone No 2 (e). |
WINDMILLS in areas zoned RURAL only | • To be sited wholly within the boundaries of the property and not to encroach onto any registered easement. • Free-standing and not relying on other structures for support. • Clearance from power lines in accordance with any relevant electricity authority requirements. • Installed in accordance with the manufacturer’s specifications. • To be built in accordance with engineer’s certification for the structure and footings. • Not to encroach into any registered easement. • Compliance with any relevant requirements of the Building Code of Australia. |
WINDOWS, GLAZED AREAS AND EXTERNAL DOORS (excluding windows in buildings listed as items of environmental heritage or in a conservation area) | • Replacement in residential premises with materials that comply with: • No reduction in the area provided for light and ventilation is permitted and structural support members cannot be removed. • For commercial/industrial premises the reflectivity index not to exceed 20%. • Being changes to the external fabric or appearance of the building or work, being changes that involve the repair or renovation or decoration, but does not include a reference to the enlargement or extension of the building or work. • Compliance with any relevant requirements of the Building Code of Australia. |
sch 3A: Ins 22.6.2001. Am 1.2.2002.
Schedule 4 Classification and reclassification of public land as operational land
(Clause 37)
Part 1 Land classified, or reclassified, before the application of amendments made to s 30 of Local Government Act 1993
Part of Lot 84, DP 548303 and part of Lot 7021, DP 260448, Watkins Road, Baulkham Hills, as shown edged heavy black on the map marked “Baulkham Hills Local Environmental Plan 1991 (Amendment No 36)”.Part of Lot 14, DP 600786, Panaview Crescent, North Rocks, as shown edged heavy black on the map marked “Baulkham Hills Local Environmental Plan 1991 (Amendment No 63)”.
Lots 6, 7, 8 and 9, DP 27931 and Part Lot 1, DP 400907, 20–26 Terminus Street, Lots B and C, DP 405651, 28 Terminus Street, Lot 2, DP 20042, 265 Old Northern Road and Lot 6, DP 20042, 275 Old Northern Road, as shown edged heavy black on the map marked “Baulkham Hills Local Environmental Plan 1991 (Amendment No 69)”.
Part 2 Interests not changed
Part of Lot 102, DP 711320, Portsea Place, Castle Hill, as shown edged heavy black on the map marked “Baulkham Hills Local Environmental Plan 1991 (Amendment No 82)”.Lot 105, DP 261604, Barwell Avenue, Castle Hill.
Lot 51, DP 838509, Old Northern Road, Castle Hill.
Lot 13, DP 238708, Francis Street, Castle Hill.
Lot 2, DP 513693, Castle Street, Castle Hill.
Lot 4, DP 881999, Gay Street, Castle Hill.
Lot 1, DP 713190, 51a Old Castle Hill Road, Castle Hill.
Lot 1a, DP 373987 and Lot 1, DP 21002, 53 Old Castle Hill Road, Castle Hill.
Part Lot 102, DP 1010735, Diana Avenue, Kellyville.
Part 3 Interests changed
Column 1 | Column 2 | Column 3 |
Locality | Description | Trusts etc not discharged |
North Rocks | ||
Sophia Crescent | Lot 103, DP 244687—Baulkham Hills Local Environmental Plan 1991 (Amendment No 81) | Easement for the transmission of electricity. |
Oatlands | ||
Belmore Street East | Lot A, DP 36482—Baulkham Hills Local Environmental Plan 1991 (Amendment No 80) | Nil. |
sch 4: Ins 8.9.1995. Am 15.9.1995; 24.12.1998; 13.8.1999; 27.8.1999; 1.12.2000; 8.12.2000; 23.2.2001. Subst 11.5.2001. Am 11.5.2001; 5.4.2002; 23.8.2002; 27.9.2002.
Schedule 5 Development for certain additional purposes
(Clause 39)
Column 1 | Column 2 | Column 3 |
Lot 14, DP 21212 | Real estate office and garage/storage area and staff amenities | The floor area must not exceed the following:
|
Lot 16, DP 21212 | Kitchen showroom and garage/storage area | The floor area must not exceed the following:
|
Lot 17, DP 21212 | Real estate office and garage/storage area and staff amenities | The floor area must not exceed the following:
|
Lot 13, DP 135351, No 46 Windsor Road, Kellyville | Insurance and financial services office | The floor area of the insurance and financial services office must not exceed 85m2 |
Lot 13, DP 627190, Schwebel Lane and Lot A, DP 381392 and Lots 1 and 2, DP 605276, Old Northern Road, Glenorie | Concrete batching plant | The annual production of concrete or concrete products or both must not exceed 20,000 tonnes. |
Lot 15, DP 21212, 42 Windsor Road, Kellyville | Real estate office and garage area | The floor area must not exceed the following:
|
Lot 1, DP 135728, Windsor Road, Box Hill, and part of Lot 1, DP 784714, Windsor Road, Box Hill as shown edged heavy black on the map marked “Baulkham Hills Local Environmental Plan 1991 (Amendment No 76)”. | Service station and convenience store. | The area of the convenience store building containing the sales, office and amenities areas shall not exceed 200m2. The service station may have a maximum of six fuel bowsers. |
Part of Lot 4, DP 616348, Old Northern Road, Glenorie, as shown edged heavy black on the map marked “Baulkham Hills Local Environmental Plan 1991 (Amendment No 100)”. | Renovation and redevelopment of existing service station. |
sch 5: Ins 14.6.1996. Am 12.9.1997; 24.7.1998; 9.10.1998; 28.5.1999; 8.10.1999; 1.2.2002.