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

Part 1 Introduction

1 Name of plan

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

2 Land to which this plan applies

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

3 Aims and objectives

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

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

Development Opportunity Objectives

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

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

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

Tourism
To encourage an expanded tourism industry in Dubbo.

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

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

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

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

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

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

Environmental Management Objectives

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

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

Salinity
To reduce the spread of urban salinity.

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

Waterways
To ensure safe, sustainable and multifunctional riverine environments.

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

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

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

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

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

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

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

4 Relationship to other environmental planning instruments

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

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

5 Definitions

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

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

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

6 Consent authority

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

Part 2 Provisions applicable to all zones

7 Environmental management

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

8 Flood prone land

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

(2)  Consent must not be granted for development on land that is below the Flood Planning Level, unless the consent authority is satisfied that the carrying out of the development is unlikely to significantly:

(a)  impede the flow of floodwater, or

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

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

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

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

(f)  increase dependency on emergency services,

and the consent authority has considered the consequences of all floods up to the magnitude of the Probable Maximum Flood on access and evacuation routes servicing the land, particularly from the perspective of the risk of entrapment and the danger to life of the entrapped and their rescuers.

(3)  Consent must not be granted to the development of land below the Flood Planning Level unless the consent authority has taken into consideration:

(a)  the provisions of any manual for the management of flood liable land, the publication of which has been notified in the Gazette under section 733 (5) of the Local Government Act 1993, and

(b)  the relevant characteristics of flooding known to the consent authority, and

(c)  the requirements of the Council’s floodplain management plan.

cl 8: Subst 3.5.2002.

9 Development along Transport Corridors

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

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

(b)  identified on Sheet 2,

of the Zoning Map.

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

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

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

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

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

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

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

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

(a)  the efficiency of the Transport Corridor,

(b)  the visual quality of the locality,

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

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

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

10 Development near Dubbo Airport

(1)  The consent authority must not grant consent for the carrying out of development on land shown as subject to obstacle limitations on the map entitled “Dubbo Airport—Obstacle Limitation Surfaces” dated 26 August 1997, unless it has made an assessment of:

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

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

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

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

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

(a)  erect a structure to a height that exceeds the Obstacle Limitation Surface as available from the Council, or

(b)  carry out development for the purpose of:

(i)  a dam or reservoir, or

(ii)  the handling or storage of grain, or

(iii)  the disposal of refuse, or

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

(v)  an abattoir, or

(vi)  a stock yard complex, or

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

(viii)  any other land use which as a result of the creation or disposal of waste foodstuffs could, in the opinion of the consent authority, constitute an attraction to birds,

except with the consent of the consent authority.

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

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

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

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

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

11 Character conservation area

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

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

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

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

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

(d)  erecting a building.

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

cl 11: Am 13.10.2000.

12 Exhibition homes

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

13 Subdivision of land generally

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

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

(a)  widening or opening a public road,

(b)  rectifying an encroachment on an allotment,

(c)  creating a public reserve,

(d)  consolidating allotments,

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

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

but only if (except in the case of a lot created by consolidating former lots) the subdivision does not result in the creation of an additional dwelling house entitlement or the loss of an existing dwelling entitlement.

(3) Boundary changes in Zones 1 (b) and 1 (e) Despite subclause (2), consent may be granted to a subdivision making boundary changes between allotments within Zone 1 (b) or 1 (e) that results in the creation of an additional dwelling house entitlement, but only where all lots created (including residue lots) that contain dwellings, or are created for the purpose of dwellings, satisfy the minimum lot size for dwellings in the zone.

(4) Subdivision for an approved purpose Nothing in this plan prevents consent being granted to a subdivision for a land use permitted in the zone, but only where development for that land use has been consented to and where the subdivision satisfies the other applicable provisions of this plan.

(5) Subdivision along zone boundaries Nothing in this plan prevents consent being granted to a subdivision along a zone boundary, but only where each lot created meets the minimum lot size for the relevant zone and the consent authority is satisfied that there are no constraints (such as flooding) preventing the subsequent independent development of each such lot created for the purpose of the land use for which it is zoned.

cl 13: Am 3.5.2002.

14 Savings provisions applicable to activities of government instrumentalities

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

15 Temporary use of land

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

16 Additional uses of land

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

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

17 Covenants, agreements etc

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

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

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

17A Classification and reclassification of public land as operational land

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

(2)  Land described in Part 1 of Schedule 8:

(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.

(3)  Land described in Columns 1 and 2 of Part 2 of Schedule 8, to the extent (if any) that it is a public reserve, ceases to be a public reserve on the commencement of the relevant amending plan and, by the operation of that plan, is discharged from all trusts, estates, interests, dedications, conditions, restrictions and covenants affecting the land or any part of the land, except for:

(a)  those (if any) specified for the land in Column 3 of Part 2 of Schedule 8, and

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

(c)  reservation of minerals (within the meaning of the Crown Lands Act 1989).

(4)  In this clause, the relevant amending plan, in relation to land described in Part 2 of Schedule 8, means the local environmental plan that inserted the description of land in that Part.

(5)  Before the relevant amending plan inserted the description of land into Part 2 of Schedule 8, the Governor approved of subclause (3) applying to the land.

cl 17A: Ins 13.10.2000. Subst 24.12.2004.

18 Advertisements

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

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

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

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

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

(a)  a shop window display, or

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

on land to which the display or sign relates.

19 Community use of schools

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

19A What is exempt development?

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

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

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

cll 19A: Ins 31.3.2000.

19B What is complying development?

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

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

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

subject to subclauses (2) and (3).

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

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

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

cll 19B: Ins 31.3.2000.

19C Saving provision—development applications lodged before commencement of amendments

A development application lodged, but not finally determined, before the commencement of an amendment to this plan made by a local environmental plan is to be determined as if the amending plan had been exhibited but the amendment had not commenced.

cl 19C: Ins 3.5.2002.

Part 3 Zoning controls

Division 1 General effect of zoning

20 General zoning controls

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

1 (b) Urban/Rural Buffer Zone

1 (e) Urban Expansion Zone

2 (a) Residential Suburban Zone

2 (b) Residential Medium Density Zone

2 (c) Residential Fringe Zone

2 (d) Residential Cluster Zone

2 (e) Residential Country Zone

3 (a) Regional Business Zone

3 (b) Sub-regional Business Zone

3 (c) Neighbourhood Business Zone

3 (d) Tourism and Leisure Zone

3 (e) Special Business Zone

4 (a) Light Industrial Zone

4 (b) General Industrial Zone

4 (c) Special Industrial Zone

5 (a) Institutional Zone

5 (b) Utilities Zone

6 (a) Public Open Space Zone

6 (b) Private Open Space Zone

6 (c) Commercial Recreation Zone

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

These other Divisions also specify development which may be carried out with development consent but which must be advertised. The consent authority must give public notice of proposed development required to be advertised under this subclause:

(a)  by written notices to such landowners in the vicinity of the proposed development as the consent authority considers appropriate, and

(b)  by a notice published in a newspaper circulating generally in the Dubbo City area (unless the consent authority considers the likely impact of the proposed development on the immediate locality to be minimal), and

(c)  if the consent authority so wishes, additionally by any other appropriate means.

The notices must state that any person may make a written submission to the consent authority in relation to the proposed development during the period specified in the notice (which must be a period of at least 14 days after the issue of the notice). The consent authority must have regard to any submissions received within the specified period when determining the relevant development application.

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

cl 20: Am 3.5.2002.

Division 2 Rural zones

21 Rural zonings

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

1 (b) Urban/Rural Buffer Zone

1 (e) Urban Expansion Zone

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

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

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

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

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

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

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

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

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

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

agriculture; environmental conservation.

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

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

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

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

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

cl 22: Am 13.10.2000; 3.5.2002.

23 Subdivision of land within Zone 1 (b)

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

cl 23: Am 3.5.2002.

24 Dwelling houses on land within Zone 1 (b)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

agriculture; environmental conservation.

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

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

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

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

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

cl 26: Am 13.10.2000; 3.5.2002.

27 Subdivision of land within Zone 1 (e)

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

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

cll 27: Am 3.5.2002.

28 Dwelling houses on land within Zone 1 (e)

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

(a)  the land:

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

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

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

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

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

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

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

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

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

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

Division 3 Residential zones

30 Residential zonings

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

2 (a) Residential Suburban Zone

2 (b) Residential Medium Density Zone

2 (c) Residential Fringe Zone

2 (d) Residential Cluster Zone

2 (e) Residential Country Zone

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

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

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

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

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

(b)  to encourage innovative and environmentally sustainable design,

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

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

(e)  to enable the development of land for certain non-residential purposes specified in subclauses (4), (5) and (7), where the scale, character and impacts maintain an acceptable level of residential amenity,

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

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

environmental conservation.

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

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

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

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

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

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

(7) Medical consulting rooms Despite subclause (6), consent may be granted for development of land within Zone 2 (a) for the purpose of medical consulting rooms if the proposed development meets the objectives of the zone and satisfies the requirements of clause 33 (2) and the site is:

(a)  wholly or partially within 200 metres of land within Zone 3 (a), 3 (b) or 3 (c), or

(b)  within the residential precinct bounded by Barden Avenue, Myall Street, Dubbo Base Hospital, River Street, Lourdes Hospital and Cobborah Road.

cll 31: Am 3.5.2002.

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

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

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

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

33 Non-residential uses within Zone 2 (a)

(1)  The purpose of this clause is to encourage non-residential development to cluster around existing neighbourhood focal points rather than intrude further into established residential areas, and to preserve the amenity of residential areas.

(2) Non-residential uses generally Consent may be granted to the carrying out of development on land within Zone 2 (a) that is within 200 metres of land within Zone 3 (a), 3 (b) or 3 (c) for the purpose of child care centres, educational establishments, medical consulting rooms, places of worship, recreation areas or veterinary hospitals if the impact on residential amenity (having regard to likely traffic, parking, noise, odour, signage, streetscape and safety) is acceptable to the consent authority.

(3) Non-residential uses on sites more than 200 metres away from land within Zone 3 (a), 3 (b) or 3 (c) Consent may be granted to the carrying out of development on land within Zone 2 (a) that is more than 200 metres from land within Zone 3 (a), 3 (b) or 3 (c) for a non-residential purpose specified in subclause (2) only if there are no suitable sites for the proposed development within 200 metres of land within Zone 3 (a), 3 (b) or 3 (c).

cl 33: Subst 3.5.2002.

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

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

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

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

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

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

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

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

environmental conservation.

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

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

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

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

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

cll 34: Am 3.5.2002.

35 Subdivision of land within Zone 2 (b)

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

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

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

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

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

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

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

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

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

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

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

environmental conservation.

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

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

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

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

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

cll 36: Am 3.5.2002.

37 Subdivision of land within Zone 2 (c)

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

(a)  each lot to be created that is intended to have a dwelling situated on it has an area of not less than 6,000 square metres and a road frontage of not less than 50 metres or, in the case of irregular shaped lots at the heads of cul-de-sacs, a minimum width of 50 metres at a point no more than half-way down the depth of the block, or

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

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

(ii)  where the land is at least 240 metres from the Outer Boundary of the zone, each lot to be created that is intended to have a dwelling situated on it has an area of no less than 2,000 square metres and is in a neighbourhood that, in the opinion of the consent authority, is not yet developed for residential fringe purposes.

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

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

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

cll 37: Am 3.5.2002.

38 Dwelling houses on land within Zone 2 (c)

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

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

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

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

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

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

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

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

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

environmental conservation.

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

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

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

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

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

40 Subdivision of land within Zone 2 (d)

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

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

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

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

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

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

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

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

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

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

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

agriculture; environmental conservation.

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

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

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

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

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

cll 41: Am 3.5.2002.

42 Subdivision of land within Zone 2 (e)

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

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

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

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

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

43 Dwelling houses on land within Zone 2 (e)

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

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

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

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

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

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

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

Division 4 Business zones

45 Business zonings

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

3 (a) Regional Business Zone

3 (b) Sub-regional Business Zone

3 (c) Neighbourhood Business Zone

3 (d) Tourism and Leisure Zone

3 (e) Special Business Zone

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

environmental conservation; home based child care establishments.

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

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

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

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

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

cl 46: Am 13.10.2000; 3.5.2002.

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

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

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

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

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

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

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

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

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

environmental conservation; home based child care establishments.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

environmental conservation.

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

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

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

cultural centres; veterinary hospitals.

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

cl 48: Am 3.5.2002.

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

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

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

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

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

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

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

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

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

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

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

(i)  to facilitate the development of tourist resort complexes (including ancillary short-term or permanent residential components) on specified sites where such facilities and the density of residential development are considered sympathetic and compatible with the adjoining land uses and character and amenity of the locality.

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

environmental conservation.

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

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

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

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

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

(7) Other uses within Zone 3 (d) Despite subclause (6), the consent authority may grant consent to the carrying out of development on land within Zone 3 (d) as shown on the Zoning Map if:

(a)  the land has frontage to Whylandra Street or Cobra Street, the development is for the purpose of hotels, service stations or convenience service stations, and the proposal is advertised in accordance with clause 20 (2), or

(b)  the land was known on the appointed day by the following description, the development is for a tourist resort complex and the proposal is advertised in accordance with clause 20 (2):

(i)  part of Lot 91 DP 1009855 (Grangewood Resort site),

(ii)  part of Lots 61 and 62 DP 585642 (Pioneer Spirit Resort site).

cl 49: Am 2.11.2001; 3.5.2002.

49A Subdivision of land within Zone 3 (d)

(1)  Except as allowed by clause 13 and subclause (2), subdivision of land within Zone 3 (d) is prohibited.

(2)  Subdivision of land for the purpose of tourism or a related purpose is allowed, but only with development consent and only if, in the opinion of the consent authority, it is consistent with the objectives of the zone in which the land is situated.

cl 49A: Ins 3.5.2002.

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

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

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

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

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

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

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

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

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

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

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

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

environmental conservation.

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

bulky goods sales rooms or showrooms; business premises; car parks; child care centres; communications facilities; convenience service stations; corner stores; depots; drainage; dwellings (but only if ancillary to another lawful use of the land); machinery dealerships (not within the locality known as Industrial Candidate Area No 1 Mitchell/Eulomogo); motor and recreational vehicle dealerships (not within the locality known as Industrial Candidate Area No 1 Mitchell/Eulomogo); office premises; passenger transport terminals; plant nurseries; roads; service stations; utility undertakings; warehouses or distribution centres.

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

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

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

cll 50: Am 3.5.2002.

51 Floor space limits

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

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

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

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

The consent authority must not consent to development (including any extension of an existing building or complex) on land within Zone 3 (b), 3 (c) or 3 (e) that would result in the retail floor space of the building or complex exceeding 1,000 square metres unless the consent authority has taken into consideration an economic impact assessment which:

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

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

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

cll 52: Am 3.5.2002.

Division 5 Industrial zones

53 Industrial zonings

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

4 (a) Light Industrial Zone

4 (b) General Industrial Zone

4 (c) Special Industrial Zone

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

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

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

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

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

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

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

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

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

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

environmental conservation.

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

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

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

brothels; cultural centres; materials recycling depots; restricted premises.

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

cll 54: Am 3.5.2002.

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

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

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

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

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

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

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

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

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

environmental conservation.

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

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

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

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

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

cl 55: Am 13.10.2000; 3.5.2002.

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

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

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

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

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

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

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

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

environmental conservation.

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

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

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

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

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

cll 56: Am 3.5.2002.

57 Specific controls for brothels and restricted premises

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

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

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

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

(d)  if the building is to be used for the purpose of a brothel, the building is at least 50 metres from any dwelling house existing at the time that the relevant development application is made.

cll 57: Am 3.5.2002.

Division 6 Special use zones

58 Special use zonings

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

5 (a) Institutional Zone

5 (b) Utilities Zone

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

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

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

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

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

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

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

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

environmental conservation.

(4) Development only with development consent Development for the purpose of the following may be carried out on land within Zone 5 (a) (except the land known on the appointed day as Lot 1 DP 548568 (the RAAF site in Cobra Street, Dubbo)) only with development consent:

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

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

cultural centres.

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

cll 59: Am 3.5.2002.

59A Special provision concerning RAAF site

Development specified in clause 59 (4) may be carried out on the land known on the appointed day as Lot 1 DP 548568 (the RAAF site in Cobra Street, Dubbo), but only with development consent and only if it is advertised in accordance with clause 20 (2).

cl 59A: Ins 3.5.2002.

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

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

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

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

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

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

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

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

environmental conservation.

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

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

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

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

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

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

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

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

(c)  the proposed use is consistent with, and will not obstruct the use of the land for, the purpose identified for the land in the Urban Development Strategy (dated December 1996) or is in accordance with a subsequent development strategy for the land adopted or approved by the Council.

cll 60: Am 3.5.2002.

Division 7 Recreational zones

61 Recreational zonings

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

6 (a) Public Open Space Zone

6 (b) Private Open Space Zone

6 (c) Commercial Recreation Zone

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

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

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

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

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

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

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

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

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

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

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

environmental conservation; recreation areas.

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

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

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

cultural centres; treated waste application.

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

cll 62: Am 3.5.2002.

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

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

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

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

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

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

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

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

(f)  to protect natural wetlands.

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

agriculture; environmental conservation.

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

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

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

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

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

(7) Other uses for land fronting the Newell Highway, North Dubbo Despite subclause (6), consent may be granted for development for the purpose of the display of agricultural machinery, trucks, caravans or camping equipment, or other similarly bulky but readily transportable equipment, on land fronting Brisbane Street and the Newell Highway between Myall and Talbragar Streets, but only if:

(a)  the development does not involve use of permanent structures (so as to permit the site to be vacated in time to avoid an impending flood), and

(b)  there are no changes to the natural ground surface, and

(c)  in the opinion of the consent authority:

(i)  the development has little significant effect on the visual quality of the corridor, having regard to the scenic role of the corridor as one of the city’s main entries, the opportunities for views and the established character of the neighbourhood, and

(ii)  there is no suitable site for the development in any other zone, and

(iii)  the development has no substantial negative impact on the role of Zones 3 (e), 4 (a), 4 (b) and 4 (c).

cl 63: Am 13.10.2000; 3.5.2002.

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

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

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

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

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

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

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

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

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

environmental conservation.

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

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

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

animal establishments; cultural centres; veterinary hospitals.

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

Part 4 Conservation of heritage items

65 Protection of heritage items and relics

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

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

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

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

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

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

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

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

66 Application for demolition

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

67 Conservation incentives relating to heritage items

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

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

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

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

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

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

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

68 Heritage advertisements and notifications

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

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

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

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

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

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

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

(a)  will be of a minor nature, and

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

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

69 Development in the vicinity of a heritage item

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

70 Archaeology

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

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

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

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

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

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

Part 5 Miscellaneous

pt 5 (cll 71, 72): Ins 3.5.2002.

71 Land shown uncoloured

(1)  A person must not carry out development on land shown uncoloured on the Zoning Map (unzoned land), except with development consent.

(2)  Consent may be granted to the carrying out of development on unzoned land only if:

(a)  development of the kind proposed may be carried out (with or without consent) on land within a zone adjoining the unzoned land, and

(b)  the consent authority is satisfied that the proposed development is compatible with development in each adjoining zone and with the character and use of existing land and buildings in the vicinity, and

(c)  in the case of unzoned land that is below the highbank of a river or stream, the consent authority has had regard to the following:

(i)  whether or not the proposed development would prevent use of the waters of the river or stream for recreational purposes and, if so, whether there are sufficient other waters in the locality for use for recreational purposes to mitigate the adverse effect of the proposed development,

(ii)  the provisions of any plan of management in force from time to time that applies to the unzoned land or land in its vicinity,

(iii)  any impact the proposed development may have on the natural environment, and

(d)  in the case of unzoned land that is a public road, the consent authority has had regard to the following:

(i)  whether the proposed development involves the placement of a vehicle, structure or article (other than a sign post erected by a road authority for the purpose of directing the travelling public) on the road reserve or carriageway for the sole or principal purpose of displaying an advertisement or directional sign to premises at which a business or commercial activity is carried on,

(ii)  any likely impact of the proposed development on the safety and movement of the travelling public,

(iii)  the availability of parking.

pt 5 (cll 71, 72): Ins 3.5.2002.

sch 1: Am 13.10.2000; 2.11.2001; 3.5.2002; 2004 No 91, Sch 2.22 [1] [2].

72 Redevelopment of certain corner shops

(1)  Development for the purpose of a corner shop may be carried out with development consent on a parcel of land identified in the Table to this clause.

(2)  However, consent must not be granted to the use of more floor area for the purpose of a corner shop on any such parcel of land than the floor area of the premises erected on the parcel of land on the day this clause took effect.

(3)  In this clause, corner shop means a shop that sells a variety of merchandise generally of a convenience type and includes a chemist’s shop, newsagency, milk bar, take-away food shop, general store, video shop, butcher’s shop, baker’s shop, fishmonger’s shop, hairdresser’s or barber’s shop, pet supplies shop, sandwich shop or any combination of them.

Table

35 East Street	lot 13 DP 24578 (The Scot’s corner store)
115 Thompson Street	lot 142 DP 534280 (West End store)
3–7A Wattle Street	lots 9–13 DP 207464 (Wattle Street shops)
77 Myall Street	lot 1 DP 43489 (Manera Mini Mart)
1 Bishop Street	lot A DP 337776 (Ex corner store/residence)
251 Brisbane Street	lot 16 Sec D DP 33637 (Marshall’s convenience store)
6 Dalton Street	pt lot 5 DP 16093 (Ex corner store/residence)
51–53 Dalton Street	pt lot A and pt lot B DP 391802 (South Dubbo Butchery)
249 Darling Street	pt cnr lot 11 DP 193007 (Joe’s Fish Shop)
174 Darling Street	lot B DP 402503 (Wallys Corner Store)
267 Darling Street	cnr Lot 11 DP 975591 (Zannes Hair)
269 Darling Street	lot C DP 162326 (Johnson’s Butchery)
271–275 Darling Street	pt lot A and pt lot B DP 162326 (Dwelling/ex takeaway-hairdresser)
198 Darling Street	lot 1 DP 518204 (Bob’s Pet Supplies)
293 Darling Street	pt lot 51 DP 564089 (Dwelling)
327 Darling Street	lot 1 DP 455311 and lot 1 DP 318651 (Anna’s General Store/hairdresser)
343A Darling Street	lot 111 DP 209367 (Dubbo Podiatry/ex ham curers)
225–227 Fitzroy Street	lot 3 DP 11646 (Kerry’s corner store/barber’s shop)
247–251 Fitzroy Street	lots 5 and 6 Sec A DP 2860 (Granny’s House/ex take-away)
79–85 Jubilee Street	lots 1–4 DP 703574 (Jubilee Shopping Centre)
64 Palmer Street	lot A DP 372489 (Buckley’s corner store)
36 Nancarrow Street	lot 1 DP 577328 (ex shop/residence)
102 Gipps Street	lot 3 DP 14847 (Karam corner store)
11 Short Street	lot D DP 389765 (Short Street Store)
82–82A Wingewarra Street	lots 1 and 2 DP 200898 (Renatta’s Hairdresser/take-away)
112 Erskine Street	lot 5 DP 12919 (Northside Sandwich Shop)
34 Bourke Street	lot 1 DP 195957 (Printorama Take-away Food)
142 Erskine Street	cnr lot B DP 346811 (Crossroads)
2/102 Fitzroy Street	cnr lots 4 and 5 DP 460 and DP 346811 (Roundabout lunch)
136–138 Myall Street	lot 4 DP 398 (Myall St Mini Mart)

pt 5 (cll 71, 72): Ins 3.5.2002.

Dictionary

(Clause 5 (1))

Schedule 2 Development by public authorities

(Clause 14)

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

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

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

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

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

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

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

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

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

(10) The carrying out by a rural lands protection board of any development required for the improvement and maintenance of travelling stock and water reserves, except: (a) the erection of buildings and the reconstruction or alteration of buildings so as materially to affect their design or purpose, or (b) any development designed to change the use or purpose of any such reserve.

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

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

Schedule 3 Additional uses of land

(Clause 16)

Land known before the appointed day as:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(b)    (Repealed)

(c)  no development other than uses ancillary to the development, such as car parking or landscaping or both) is proposed on or over lot 101 or lot 102 DP 546974, and

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

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

(f)  traffic impacts will be minimised, and

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Lots A and B DP 346429, 100–102 Bultje Street—medical consulting rooms

The land at Wheelers Lane within Zone 3 (b) designated as “Orana Mall” on the Zoning Map—a 200 square metre fast food outlet that exceeds the maximum floorspace ratio allowed by clause 51

sch 3: Am 13.10.2000; 3.5.2002.

Schedule 4 (Repealed)

sch 4: Rep 3.5.2002.

Schedule 5 Heritage items

(Schedule 1)

Belmore Street
	No 7
Bishop Street
	No 1	(cnr James Street)
	No 19	(cnr Gipps Street)
Bourke Street
	—	Ranelagh (lot 518 DP 603598)
	—	Tantallon (lot 21 DP 715331)
	No 106
	No 108
	No 110
	No 122	(cnr Furney Street)
	No 135
	No 137
Brisbane Street
	No 72	Old Macquarie Brewery
	No 79
	No 81
	Nos 101–105	Ben Furney Flour Mills
	No 137	Court House
	No 142	Dubbo Lands Office
	No 144
	No 156	Holy Trinity Anglican Church
	No 161	Commercial Hotel
	No 162	Brotherhood House (No 51 Carrington Avenue)
	No 169
	Nos 196–198	St Brigid’s Catholic Church (cnr Bultje Street)
	No 200	Catholic Presbytery
	No 201
	No 203	Aberdour
	No 234	Araluen (cnr Mitchell Street)
	No 236	Moira
	No 270	(cnr Charlotte Street)
Bultje Street
	No 45	Convent of Mercy
	No 52	Iownit
	No 104	(cnr Bourke Street)
	No 105	(cnr Gipps Street)
	No 108
	No 114	Dalkeith
	No 117	Pretoria
	No 122	Hazeldene (cnr Gipps Street)
Bunglegumbie Road
	6R	Mount Olive (lot 3 DP 250606)
Cadell Street
	No 6
Carrington Avenue	No 40	Mayville
	—	Infants School (see Nos 181–195 Darling Street)
	No 51	(See No 162 Brisbane Street)
Church Street	No 33	Former Masonic Hall
	No 36	Salvation Army Citadel
	Nos 62–66	The Drop Inn and Wesley Centre Uniting Church
Cobra Street	Nos 44–46	The Sheiling
	No 69	(cnr Darling Street)
	No 121
Crum Avenue
	No 7
Dalton Street
	No 18
Darling Street
	No 54
	No 75	(cnr Macleay Street)
	Nos 82–86
	—	Railway Cottage (between the Main Western railway line and Erskine Street)
	No 111
	No 116	Fire Station
	No 179
	Nos 181–195	Dubbo Public School (cnr Wingewarra Street)
	No 207
	Nos 209–215
	No 212
	No 224	(cnr Tamworth Street)
	No 331	(cnr Tamworth Street)
Dulhunty Avenue
	No 12
Erskine Lane
	Nos 7–9
Erskine Street
	No 21
	Nos 28–30	(cnr Park Street)
	No 45
	Nos 62–64
	Nos 66–68
Fitzroy Street
	No 68
	No 120
	No 146
	—	Old Grandstand, Dubbo Showground (lots 206, 333, pt lots 306 and 308 and lot 310 DP 754308)
	No 169
	No 225	Shopfront only
	No 253
	No 261	Tutuila (cnr Denison Street)
Gipps Street
	No 63
	No 123
	Nos 125–125A
	No 127
	No 131
	No 148
	No 155	(cnr Bishop Street)
	No 178	(cnr Belmore Street)
	No 188	(cnr Tamworth Street)
Jubilee Street
	No 34
Macleay Street
	No 37
	Nos 68–70
	No 72
Macquarie Street
	Nos 69–79	Macquarie Chambers
	Nos 87–89	Westpac (cnr Church Street)
	No 98	Old Post Office
	Nos 110–114	National Australia Bank
	Nos 116–120	Colonial Mutual (cnr Church Street)
	Nos 131–135	Commercial Union
	Nos 157–162	The Western Stores
	No 193	The Old Shire (cnr Bultje Street)
	Nos 195–197	Kemwah (cnr Bultje Street)
	No 215
	—	Old Dubbo Gaol and Residence
	Nos 228–234	Dubbo Museum
	No 302	(cnr Mitchell Street)
	No 342
	No 380	Cardiff
	No 385	Regand Park (lot 1 DP 910902)
Mitchell Street
	No 4
	No 6
Myall Street
	No 29
	No 34
	No 160
	—	Dubbo Base Hospital (lot 32 DP 747737)
Nancarrow Street
	No 8	Bonnie-Rigg
Obley Road
	21L	Cootha (lot 9 DP 753233)
	23	Dundullimal (lot 1 DP 800756)
	23L	Dundullimal—shed and stables (lot 1 DP 800756)
	—	Old Dubbo—site of old homestead (lot 31 DP 738069)
Old Dubbo Road
	—	Holmwood (lot 1342 DP 787623)
	—	Miriam (lot 2 DP 807767)
Quinn Street
	No 7
	No 11	(cnr Bourke Street)
	No 14	(cnr Bourke Street)
	No 15
	No 16	(cnr Bourke Street)
	No 19
	No 20
	No 23	Westcliff
	No 31
Short Street
	No 12	(cnr Hopetoun Street)
Smith Street
	No 13	(cnr Mitchell Street)
	No 16	(cnr Mitchell Street)
Talbragar Street
	Nos 89–91	Castlereagh Hotel (cnr Brisbane Street)
	Nos 112–120	Pastoral Hotel
	—	Old Station Master’s Residence (adjacent to Dubbo Railway Station)
	—	Dubbo Railway Station (opposite Victoria Park)
Tamworth Street
	No 27
	No 39
	No 44
	No 45
	No 47	Chesney
	No 63	Waratah (formerly Baringa)
	No 69
Taylor Street
	No 62	(cnr Tamworth Street)
Thorby Avenue
	No 8
Wingewarra Street
	No 83	CWA
	Nos 93–95	St Andrews Uniting Church (pt lot 19 DP 758361, cnr Carrington Avenue)
	—	St Andrews Church Hall (pt lot 19 DP 758361)
	No 133
	No 149	(cnr Bourke Street)
	No 173	Weeroona (cnr Gipps Street)
Other	—	Macquarie River Rail Bridge (west of railway station)

sch 5: Am 13.10.2000; 3.5.2002.

Schedule 6 Waterways

(Schedule 1)

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

Schedule 7 Potential archaeological sites

(Schedule 1)

Editorial note—

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

Schedule 8 Classification and reclassification of public land as operational land

(Clause 17A)

Part 1 Interests not changed

Column 1	Column 2
Locality	Description
Dubbo
Wheelers Lane (near Birch Avenue) and Cobra Street (Mitchell Highway)	Land comprising driveways, as shown hatched on Drawing No 6817–L01 prepared by Barnson Engineers on 13 January 2004 and marked “Reclassification of Access Driveways Dubbo LEP 1998 Amendment No 5” deposited in the office of the Council.

Part 2 Interests changed

Column 1	Column 2	Column 3
Locality	Description	Trusts etc not discharged
Dubbo
Fitzroy Street	Lot 24, DP 715331, as shown edged heavy red and coloured light green or light purple on Sheet 2 of the map marked “Dubbo Local Environmental Plan 1998—Urban Areas (Amendment No 5)”.	Nil.
Fitzroy Street (near Johnson Street)	Lot 10, DP 258615, as shown edged heavy red and coloured light purple on Sheet 2 of the map marked “Dubbo Local Environmental Plan 1998—Urban Areas (Amendment No 5)”.	Nil.

sch 8: Ins 13.10.2000. Am 19.1.2001. Subst 24.12.2004.

Zoning Map: Am 3.5.2002.