Queanbeyan Local Environmental Plan 1998

Part 1 General provisions

1 Name of plan

This plan is called Queanbeyan Local Environmental Plan 1998.

2 Aims and general objectives of plan

The aims and general objectives of this plan are:

(a)  to consolidate and update former planning instruments that applied to the City of Queanbeyan, and

(b)  to recognise and protect Queanbeyan’s cultural, archaeological and natural heritage, including environmentally sensitive areas such as Queanbeyan’s native grasslands, the Queanbeyan fault escarpment, the Queanbeyan River and Jerrabomberra Creek, and

(c)  to ensure that development occurs in locations and at scales that are sensitive to heritage, and to other environmental and planning constraints, and

(d)  to ensure that development is well designed and has minimal adverse impact on adjoining development and natural areas, and

(e)  to provide for a diversity of housing throughout the City, and

(f)  to recognise the main shopping centres of the City as the Queanbeyan City central business district and the proposed Jerrabomberra shopping centre as well as the importance of the Karabar shopping centre, and

(g)  to encourage additional employment opportunities for the City, and

(h)  to encourage functional and economically viable industrial development which does not pollute or adversely affect the adjoining land or water or the amenity of nearby residents, and

(i)  to enable provision of a range of community and social facilities to serve the population, and

(j)  to provide natural areas, open space and a range of recreational facilities to meet the needs of current and future generations, and

(k)  to encourage and promote ecologically sustainable development strategies in the development and redevelopment of the City, and

(l)  to recognise the proximity of the City of Queanbeyan to the Australian Capital Territory and Yarralumla local government area and the relationships between them, and

(m)  to provide specific objectives for each zone created by this plan.

cl 2: Am 6.6.2003.

3 Application of plan

(1)  This plan applies to the land in the local government area of City of Queanbeyan.

(2)  However, this plan does not apply to any land shown edged heavy black and marked “excluded land” on the map, which has been deferred under section 68 (5) of the Environmental Planning and Assessment Act 1979.

4 Relationship to other environmental planning instruments

(1)  All local environmental plans that applied to the land to which this plan applies and that were in force immediately before the appointed day are repealed.

(2)  However, this plan does not affect the application of Queanbeyan Local Environmental Plan 1991 (and of any other environmental planning instrument amending that plan) to any land shown edged heavy black and marked “excluded land” on the map.

(3)  Clause 6 of State Environmental Planning Policy No 22—Shops and Commercial Premises does not apply to allow brothels or restricted premises on land within Zone 3 (a), 3 (b) or 3 (c).

(4)  Queanbeyan Local Environmental Plan 1991 is amended by omitting clause 3 and by inserting instead the following clause:

  

3 Land to which this plan applies

This plan applies to any land within the local government area of City of Queanbeyan that is shown edged heavy black and marked “excluded land” on the map marked “Queanbeyan Local Environmental Plan 1998” and that is not land to which that plan applies.

5 Dictionary

(1)  In this plan, terms defined in the Dictionary in Schedule 1 have the same meaning as set out in the Dictionary.

(2)  A reference in this plan:

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

(b)  to a map is a reference to a map deposited in the office of the Council or set out in a Schedule to this plan.

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

(4)  Clause 29 of the Environmental Planning and Assessment (Savings and Transitional) Regulation 1998 applies to this plan as if this plan had commenced before 1 July 1998, despite any other provision of this plan.

6 Model Provisions

This plan adopts clauses 5 (4), 7, 8, 10 (2), 11, 12, 13, 22, 23, 24, 29, 31 and 35 (paragraph (c) excepted) of, and Schedule 1 to, the Environmental Planning and Assessment Model Provisions 1980.

6A Development that does not require development consent

(1)  A person may carry out the following development on any land to which this plan applies without development consent:

(a)  exempt development,

(b)  development of any description specified in Schedule 1 to the Environmental Planning and Assessment Model Provisions 1980,

(c)  use of existing buildings of the Crown by the Crown.

(2)  Nothing in this plan affects the requirement for determining authorities to consider the impact on the environment of an activity in accordance with Part 5 of the Environmental Planning and Assessment Act 1979.

cl 6A: Ins 28.3.2002.

7 Consent authority

Unless otherwise specified, the Council is the consent authority for development applications relating to land to which this plan applies.

7A Exempt development

Development of minimal environmental impact listed in Tables 1 to 6 of Development Control Plan No 49 Exempt and Complying Development as adopted by the Council on 19 September 2001 is exempt development provided that it satisfies the applicable requirements listed in those Tables, meets the deemed-to-satisfy provisions of the Building Code of Australia and is not development which, if carried out:

(a)  will result in more than one structure or work of the same type being on the site, or

(b)  will be carried out on a site subject to an order under the Heritage Act 1977, or

(c)  will be carried out on a site identified as an Aboriginal place under the National Parks and Wildlife Act 1974, or

(d)  will be carried out on a site reserved or dedicated under the Crown Lands Act 1989 for the preservation of flora, fauna or geological formations or for other environmental protection purposes, or

(e)  conflicts with the provisions in favour of the Council of any section 88B instrument or covenant registered pursuant to the Conveyancing Act 1919 in favour of the Council and applying to the site, or

(f)  would contravene a current condition of a development consent applying to the site, or

(g)  would require the removal of a tree for which consent is required and the consent of the Council for the removal of the tree has not been obtained, or

(h)  would affect any one or more of the following matters in regard to an existing building:

(i)  the structural sufficiency, soundness, or stability, or

(ii)  a fire rated wall, ceiling or floor, or

(iii)  a statutory fire safety measure, or

(i)  would adversely affect:

(i)  solar access to or ventilation of any existing habitable building, or

(ii)  the drainage of the site or an adjoining site, or

(iii)  any vehicular or pedestrian access to and from the site, or

(j)  would alter the configuration of any floor used for the preparation of food for sale, trade or consumption.

cll 7A: Ins 24.12.1999. Am 28.3.2002.

7B Complying development

(1)  The following development is complying development if it can be carried out with the Council’s consent on the land on which it is proposed, by virtue of the general development control clauses in Parts 2–10:

(a)  the erection of single storey dwelling-houses and dwelling-house alterations and additions which occur at ground level on land in Zone 2 (a), 2 (b), 2 (c) or 2 (d), and

(b)  the erection or construction and use of barbecues and associated works (unroofed), cabanas, cubby houses, decks, fern houses, garages, gazebos, greenhouses, patios, pergolas, private playground equipment, swimming pools and workshops ancillary to dwelling-houses in Zones Nos 2 (a), 2 (b), 2 (c) and 2 (d), and

(c)  alterations to shops and commercial buildings on land in Zone 3 (a) or 3 (c), and

(d)  alterations and additions to industrial and warehouse buildings on land in Zone 4 (a) or 4 (b), and

(e)  use of land for the purpose of commercial premises or shops resulting from a change of use from another kind of commercial premises or shop in Zone 3 (a) or 3 (b), use for the purpose of light industry in Zone 4 (a) or 4 (b) resulting from a change of use from another kind of industry and use for the purpose of restaurants or shops resulting from a change of use as another kind of restaurant or shop in Zone 3 (a) or 3 (b), and

(f)  use of an existing dwelling-house for which consent or building approval was granted for a bed and breakfast establishment.

(2)  Development referred to in subclause (1) is complying development only if:

(a)  it meets the requirements specified in Tables 7 to 9 of Development Control Plan No 49 Exempt and Complying Development as adopted by the Council on 19 September 2001, applying to the development, and

(b)  it complies with the deemed-to-satisfy provisions of the Building Code of Australia, and

(c)  it does not include the exhibition or sale of material (whether literature, video, film, goods or articles) used or intended for use in connection with sexual behaviour and classified or refused classification under the Classification (Publications, Films and Computer Games) Act 1995 of the Commonwealth, or the exhibition of objects primarily concerned with sexual behaviour, and

(d)  it is not development which:

(i)  is carried out on a site that is a heritage item or is within a heritage conservation area, or within a scenic protection area or the 20–25 ANEF contour and is habitable or capable of habitation for residential purposes, or is on flood prone land or is on a site within 2 kilometres of Bonshaw Radio Station and subject to clause 70 (except subdivision and residential development), or

(ii)  is carried out on a site previously used for intensive agriculture, mining or extractive industry or as a sheep or cattle dip or for the manufacture of chemicals or which is contaminated, or

(iii)  is carried out on a site identified as an Aboriginal place under the National Parks and Wildlife Act 1974, or

(iv)  is carried out on a site reserved or dedicated under the Crown Lands Act 1989 for the preservation of flora, fauna or geological formations or for other environmental protection purposes, or

(v)  is carried out on a site which is critical habitat, or contains threatened species, populations, endangered ecological communities or their habitats within the meaning of the Threatened Species Conservation Act 1995, or

(vi)  is carried out on a site which immediately adjoins and will drain into land which is critical habitat, or contains threatened species, populations, endangered ecological communities or their habitats within the meaning of the Threatened Species Conservation Act 1995, or

(vii)  is inconsistent with any recovery plan or threat abatement plan in force under the Threatened Species Conservation Act 1995 that applies to the site, or

(viii)  is carried out on a site in Zone 7 (a) or 7 (b) or which immediately adjoins and will drain into land in Zone 7 (a) or 7 (b), or

(ix)  is an existing use, as defined in section 106 of the Environmental Planning and Assessment Act 1979, or

(x)  conflicts with the provisions in favour of the Council of any section 88B instrument or covenant registered pursuant to the Conveyancing Act 1919 and applying to the site, or

(xi)  contravenes a condition of a current development consent applying to the site, or

(xii)  involves a change of classification under the Building Code of Australia of any building or part of any building on the site, or

(xiii)  adversely affects:

(A)  solar access to ventilation of any existing habitable building, or

(B)  the drainage of the site or an adjoining site, or

(C)  vehicular or pedestrian access to or from the site, or

(e)  in the case where carrying out the development involves the doing of anything referred to in Section 78A (3) of the Environmental Planning and Assessment Act 1979 for which approval is required or in the removal of a tree or native vegetation for which an approval or consent is required, that approval or consent has been obtained.

(3)  A complying development certificate must include those conditions specified in Development Control Plan No 49 Exempt and Complying Development, as in force when the certificate is issued, that are applicable to the particular type of development for which the certificate is sought.

cll 7B: Ins 24.12.1999. Am 28.3.2002.

8 Tree preservation order

Any tree preservation order applying to land to which this plan applied at the time of gazettal of this plan is taken to be a tree preservation order made pursuant to this plan.

9 (Repealed)

cl 9: Rep 28.3.2002.

10 Availability of services

The Council must not grant development consent to any development likely to result in human habitation of land or the erection of a habitable building unless arrangements satisfactory to the relevant authority have been made for the provision of water, sewerage, drainage and electricity services to the land and for the disposal of sewage and stormwater from it.

11 Exceptions to the general development control clauses

Regardless of Parts 2–10, development for the purpose of the following is allowed with consent of the Council on the following land:

(a)  Lots 1 and 3, DP 811433 or 57–73 Yass Road

•  a motel,

(b)  Lots 1 and 2, DP 835570 and Lot 2, DP 229837 or 2–4 Yass Road

•  fast food take-away restaurants and motor showrooms,

(c)  Lot 2, DP 739287 or 50 Canberra Avenue

•  commercial premises,

(d)  SP 33253 or 50–54 Yass Road

•  a bottle shop,

(e)  Lot 441, DP 623510 or 53 Tharwa Road

•  a motel,

(f)  Lot 2, DP 40101 or 34–36 Erin Street

•  a scout hall,

(g)  Lots 1 and 2, DP 815925 or 84–88 Macquoid Street

•  a service station,

(h)  Lots 1 and 2, DP 810937 or 2–8 Morisset Street

•  commercial premises or a medical centre,

(i)  Lot 2, DP 827417 or Bayside Court, Jerrabomberra

•  a club,

(j)  Lot 270, DP 550830 or 49–51 Uriarra Road

•  a glassworks,

(k)  Pt Lot 2, DP 828793 or 43 Henderson Street

•  a scout hall,

(l)  Crown land reserved for Cemetery or 250 Lanyon Drive

•  sale of flowers,

(m)  Lot 1, DP 714829 or 34 Queenbar Road

•  amusement centre and veterinary hospital, and

•  a building with a floor space ratio of no more than 2:1,

(n)  Lot 24, DP 568688 or 3 Young Street

•  multi-dwelling housing to a height of no more than 7 storeys,

(o)  Lot 771, DP 838886 or 1 Firethorn Place, Jerrabomberra

•  shops and restaurants with maximum floor space areas of 316 square metres, and

•  arts and crafts gallery,

(p)  Lot 2, SP 30211 or Unit 2, 5–9 High Street

•  recreation facility,

(q)  Lot 118, DP 710557 or 5 Cantle Place

•  home printing business in association with the residential use of the land,

(r)  Lot 2, DP 860213 or 30A Queenbar Road

•  amusement centre and veterinary hospital, and

•  a building with a floor space ratio of no more than 2:1,

(s)  Lot D, DP 154554 or 64 Morisset Street

•  office, shop or restaurant,

(t)  Lot 4, DP 8396 or 77 Uriarra Road

•  general garden maintenance equipment—sales, hire and repairs,

(u)  Lot 2, DP 828685 or 135 Uriarra Road

•  commercial premises/shop,

(v)  Lots 1–6, SP 40615 or 1 Buttle Street

•  commercial premises.

cl 11: Am 7.5.1999; 22.11.2002; 6.6.2003; 12.9.2003.

12 Zones indicated on the map

The following zones apply as shown on the map:

1 (a) Rural A—edged heavy black and lettered 1 (a)

1 (b) Rural B—edged heavy black and lettered 1 (b)

1 (c) Rural C—edged heavy black and lettered 1 (c)

2 (a) Residential A—edged heavy black and lettered 2 (a)

2 (b) Residential B—edged heavy black and lettered 2 (b)

2 (c) Residential C—edged heavy black and lettered 2 (c)

2 (d) Residential D—edged heavy black and lettered 2 (d)

2 (e) Residential E—edged heavy black and lettered 2 (e)

3 (a) Business A—edged heavy black and lettered 3 (a)

3 (b) Business B—edged heavy black and lettered 3 (b)

3 (c) Business C—edged heavy black and lettered 3 (c)

4 (a) Industrial A—edged heavy black and lettered 4 (a)

4 (b) Industrial B—edged heavy black and lettered 4 (b)

5 (a) Special Uses A—edged heavy black and lettered 5 (a)

6 (a) Open Space A—edged heavy black and lettered 6 (a)

6 (b) Open Space B—edged heavy black and lettered 6 (b)

6 (c) Open Space C—edged heavy black and lettered 6 (c)

7 (a) Environmental Protection A—edged heavy black and lettered 7 (a)

7 (b) Environmental Protection B—edged heavy black and lettered 7 (b)

8 (a) National Park A—edged heavy black and lettered 8 (a)

9 (a) Road A—edged heavy black and lettered 9 (a)

9 (b) Road B—edged heavy black and lettered 9 (b)

cl 12: Am 1.2.2002.

13 Zone objectives and general development controls

(1)  The objectives of each zone are set out in Parts 2–10 in the clause headed “General Development Controls” for the zone under the heading “Objectives of the Zone”.

(2)  Except as otherwise provided by this plan, for each zone specified in a general development controls clause, the development that:

(a)  may be carried out without development consent is indicated in that clause by the words “Development allowed without development consent”, or

(b)  may be carried out only with development consent is indicated in that clause by the words “Development allowed only with development consent”, or

(c)  is prohibited is indicated in that clause by the words “Development which is prohibited”.

(3)  Except as otherwise provided by this plan, the Council must not consent to development on land within a zone unless it has taken into account the general aims and objectives of this plan and the Council is of the opinion that the development is consistent with one or more of the objectives of the zone.

cl 13: Am 6.6.2003.

Part 2 Rural zones

14 General Development Controls—Zone 1 (a) Rural A

(1) Objectives of the zone The objectives of Zone 1 (a) (the Rural A zone) are:

(a)  to enable the continuation of restricted forms of agricultural land use and occupancy, and

(b)  to ensure that the type and intensity of development will not prejudice the likely future uses of the land for either environmental protection, open space or urban purposes.

(2) Development allowed without development consent Exempt development.

(3) Development allowed only with development consent Development for the purpose of:

Agriculture

Caravan Parks

Community Facilities

Dams

Dwelling-houses

Home Activities

Home Based Child Minding Services

Helipads

Recreation Facilities

Retail Plant Nurseries

Roads

Roadside Stalls

Rural Industries

Stock and Sale Yards

Utility Installations

Utility Undertakings

Veterinary Hospitals

Demolition

Subdivision

(4) Development which is prohibited Any development not included in subclause (2) or (3).

cll 14–16: Am 28.3.2002; 6.6.2003.

15 General Development Controls—Zone 1 (b) Rural B

(1) Objectives of the zone The objectives of Zone 1 (b) (the Rural B zone) are:

(a)  to protect land which is steeply sloping, in a pristine state and highly visible from the City of Queanbeyan and the Australian Capital Territory, and

(b)  to allow suitably controlled development which allows this land to predominantly retain its natural character.

(2) Development allowed without development consent Exempt development.

(3) Development allowed only with development consent Development for the purpose of:

Dams

Dwelling-houses

Home Activities

Home based Child Minding Services

Recreation Facilities

Roads

Utility Installations

Utility Undertakings

Demolition

Subdivision

(4) Development which is prohibited Any development not included in subclause (2) or (3).

cll 14–16: Am 28.3.2002; 6.6.2003.

16 General Development Controls—Zone 1 (c) Rural C

(1) Objectives of the zone The objectives of Zone 1 (c) (the Rural C zone) are:

(a)  to recognise that these areas are on higher elevations and act as a transition between fully urbanised areas and bushland and so should be developed in a sensitive and limited manner, and

(b)  to allow development consisting mainly of dwelling-houses or single buildings which as far as possible is designed to recognise the bushland character of these areas and minimise the impact of urban development, and

(c)  to allow suitably controlled subdivision which as far as possible maintains existing bushland and has regard to urban capability, the impact of urban development and microclimatic conditions in the design of allotments and the provision of roads and services, and

(d)  to detail by means of a development control plan provisions relevant to:

•  the location of dwelling-houses and ancillary buildings, and

•  height, scale, bulk and construction materials, and

•  the colours of external surfaces of buildings, and

•  appropriate ecologically sustainable development principles.

(2) Development allowed without development consent Exempt development.

(3) Development allowed only with development consent Development for the purpose of:

Attached Dual Occupancy Housing

Boarding Houses

Community Facilities

Dams

Dwelling-houses

Health Consulting Rooms

Home Activities

Roads

Utility Installations

Utility Undertakings

Demolition

Subdivision

(4) Development which is prohibited Any development not included in subclause (2) or (3).

cll 14–16: Am 28.3.2002; 6.6.2003.

17 Dual occupancy housing in rural zones

(1)  On land within Zone 1 (a) that is shown edged heavy black on sheet 1 of the Special Sites Map in Schedule 2 and commonly known as “The Ridgeway”, as well as on land within Zone 1 (c), a person may carry out development for the purpose of dual occupancy housing with the consent of the Council, but only if it consists of two attached dwellings.

(2)  The Council must not consent to development referred to in subclause (1) unless it is satisfied that:

(a)  the minimum area requirements of clause 18 can be met should the site area be subdivided, and

(b)  the floor space ratio will not exceed 0.5:1, and

(c)  arrangements can be made for the provision of water supply and for the disposal of sewage and stormwater.

18 Subdivision of rural land—minimum and average area requirements

The Council may grant development consent for subdivision of land within a rural zone only when each allotment created by the subdivision meets the minimum and average area requirements of the following table:

Table

Zone	Minimum area	Average area
Zone 1 (a) (within a scenic protection area)	40 hectares	—
Zone 1 (a) (not within a scenic protection area)	80 hectares	—
Zone 1 (c) (not shown on the subdivision control map in Schedule 3)	0.8 hectare	—
Zone 1 (c) (shown edged heavy black on sheet 1 of the subdivision control map in Schedule 3)	—	2 hectares

cl 18: Am 1.2.2002.

Part 3 Residential zones

19 General Development Controls—Zone 2 (a) Residential A

(1) Objectives of the zone The objectives of Zone 2 (a) (the Residential A zone) are:

(a)  to encourage small scale residential development, and

(b)  to encourage alterations, additions or redevelopment which maintains or improves the amenity of existing residents and which provides good amenity for future residents, and

(c)  to encourage alterations, additions or redevelopment within the heritage conservation areas in this zone which have regard to and complement the scale, fabric and character of the older and traditional housing of such areas, and

(d)  to allow subdivision within a heritage conservation area in this zone which is consistent with the subdivision patterns of adjoining land, and

(e)  to provide opportunities for small scale non-residential uses usually within a dwelling-house or building ancillary to a dwelling-house and which operate so that they do not adversely affect adjoining neighbours, and

(f)  to provide opportunities for community and educational facilities.

(2) Development allowed without development consent Exempt development.

(3) Development allowed only with development consent Development for the purpose of:

Bed and Breakfast

Boarding Houses

Buildings on sites in the vicinity of a Heritage Item

Buildings within Heritage Conservation Areas

Caravan Parks

Child Care Centres

Community Facilities

Dual Occupancy Housing

Dwelling-houses

Educational Establishments

Exhibition Homes

Group Homes

Health Consulting Rooms

Heritage Items

Home Activities

Home Based Child Minding Services

Hostels

Housing for Aged or Disabled Persons

Manufactured Home Estates outside floodways and heritage conservation areas

Parking Spaces

Roads

Utility Undertakings

Demolition

Subdivision

(4) Development which is prohibited Any development not included in subclause (2) or (3).

cll 19–22: Am 24.12.1999; 28.3.2002; 6.6.2003.

20 General Development Controls—Zone 2 (b) Residential B

(1) Objectives of the zone The objectives of Zone 2 (b) (the Residential B zone) are:

(a)  to encourage alterations, additions or redevelopment that result in well designed dual occupancy housing, townhouses and villas, and

(b)  to encourage alterations, additions or redevelopment which maintains or improves the amenity of existing residents and which provides good amenity for future residents, and

(c)  to provide opportunities for small scale non-residential uses usually within a dwelling-house or building ancillary to a dwelling-house and which operate so that they do not adversely affect adjoining neighbours, and

(d)  to provide opportunities for community and educational facilities.

(2) Development allowed without development consent Exempt development.

(3) Development allowed only with development consent Any development not included in subclause (2) or (4).

(4) Development which is prohibited Development for the purpose of:

Agriculture

Amusement Centres

Animal Establishments

Arts and Crafts Galleries

Automotive Uses

Brothels

Bulky Goods Salesrooms or Showrooms

Bus Depots

Bus Stations

Car Parks

Cemeteries

Commercial Premises

Depots

Entertainment Facilities

Extractive Industries

Fast Food Take-away Restaurants

Hazardous Industries

Helipads

High Technology Industries

Hospitals

Hotels

Industries

Institutions

Light Industries

Materials Recycling Yards

Medical Centres

Mines

Mixed Use Buildings

Motor Showrooms

Offensive Industries

Offensive Storage Establishments

Paintball Establishments

Panel Beating Workshops

Plant and Equipment Hire Establishments

Potentially Hazardous Industries

Potentially Offensive Industries

Public Buildings

Reception Centres

Recycling Yards

Residential Flat Buildings (other than townhouses or villas)

Restaurants

Restricted Premises

Retail Plant Industries

Roadside Stalls

Rural Industries

Service Stations

Stock and Sale Yards

Taverns

Transport Depots

Veterinary Hospitals

Warehouse or Distribution Centres

cll 19–22: Am 24.12.1999; 28.3.2002; 6.6.2003.

21 General Development Controls—Zone 2 (c) Residential C

(1) Objectives of the zone The objectives of Zone 2 (c) (the Residential C zone) are:

(a)  to encourage alterations, additions and redevelopment that result in well designed dual occupancy housing, villas, townhouses and low rise residential flat buildings, and

(b)  to encourage development or redevelopment which maintains or improves the amenity of existing residents and which provides good amenity for future residents, and

(c)  to provide opportunities for restricted and small scale non-residential uses usually within a dwelling-house or ancillary to a dwelling-house and which operate so that they do not adversely affect adjoining neighbours, and

(d)  to provide opportunities for community and educational facilities.

(2) Development allowed without development consent Exempt development.

(3) Development allowed only with development consent Any development not included in subclause (2) or (4).

(4) Development which is prohibited Development for the purpose of:

Agriculture

Amusement Centres

Animal Establishments

Automotive Uses

Brothels

Bulky Goods Salesrooms or Showrooms

Bus Depots

Bus Stations

Car Parks

Cemeteries

Clubs

Commercial Premises

Depots

Entertainment Facilities

Extractive Industries

Fast Food Take-away Restaurants

Hazardous Industries

Hazardous Storage Establishments

Helipads

High Technology Industries

Hospitals

Hotels

Industries

Institutions

Light Industries

Manufactured Home Estates in a floodway

Materials Recycling Yards

Medical Centres

Mines

Mixed Use Buildings

Motor Showrooms

Offensive Industries

Offensive Storage Establishments

Paintball Establishments

Panel Beating Workshops

Plant and Equipment Hire Establishments

Potentially Hazardous Industries

Potentially Offensive Industries

Public Buildings

Restaurants

Restricted Premises

Roadside Stalls

Rural Industries

Service Stations

Shops

Stock and Sale Yards

Taverns

Transport Depots

Veterinary Hospitals

Warehouse or Distribution Centres

cll 19–22: Am 24.12.1999; 28.3.2002; 6.6.2003.

22 General Development Controls—Zone 2 (d) Residential D

(1) Objectives of the zone The objectives of Zone 2 (d) (the Residential D zone) are:

(a)  to provide a multi-purpose residential zoning with a range of development opportunities, suitable for urban release areas, and

(b)  to encourage the pre-planning of urban release areas in regard to cluster housing, dual occupancy housing, integrated housing, residential flat buildings and compatible non-residential development, and

(c)  to encourage subdivision which as far as possible maintains existing bushland and has regard to urban capability, the impact of urban development and microclimatic conditions in the design of allotments and the provision of roads and services, and

(d)  to guide development in visually more prominent areas by the provisions in a development control plan which address such matters as:

•  site coverage, and

•  impact of development, and

•  retention of vegetation and landscaping, and

•  any physical characteristic of the land, and

•  appropriate ecologically sustainable development principles.

(2) Development allowed without development consent Exempt development.

(3) Development allowed only with development consent Any development not included in subclause (2) or (4).

(4) Development which is prohibited Development for the purpose of:

Agriculture

Amusement Centres

Arts and Crafts Galleries

Automotive Uses

Brothels

Bus Depots

Bus Stations

Cemeteries

Depots

Entertainment Facilities

Extractive Industries

Fast Food Take-away Restaurants

Hazardous Industries

Hazardous Storage Establishments

Helipads

High Technology Industries

Hotels

Industries

Institutions

Light Industries

Manufactured Home Estates

Materials Recycling Yards

Mines

Mixed Use Buildings

Motor Showrooms

Offensive Industries

Offensive Storage Establishments

Panel Beating Workshops

Plant and Equipment Hire Establishments

Potentially Hazardous Industries

Potentially Offensive Industries

Restaurants

Restricted Premises

Roadside Stalls

Road Transport Terminals

Rural Industries

Service Stations

Shops

Stock and Sale Yards

Taverns

Transport Depots

Warehouse or Distribution Centres

cll 19–22: Am 24.12.1999; 28.3.2002; 6.6.2003.

22A General Development Controls—Zone 2 (e) Residential E

(1) Objectives of the zone The objectives of Zone 2 (e) (the Residential E zone) are:

(a)  to allow development consisting only of single dwelling-houses and ancillary buildings that as far as possible are designed to recognise the bushland character of the locality and to minimise the impact of urban development, and

(b)  to allow suitably controlled subdivision that as far as possible maintains existing bushland and has regard to urban capability, the impact of urban development and microclimatic conditions in the design of allotments and the provision of roads and services, and

(c)  to recognise that the land within the zone should act as a transition between fully urbanised areas and bushland and so should be developed in a sensitive and limited manner.

(2) Development allowed without development consent Exempt development.

(3) Development allowed only with development consent Development for the purpose of:

Dwelling-houses

Home Activities

Roads

Utility Installations

Utility Undertakings

(4) Development which is prohibited Any development not included in subclause (3).

cl 22A: Ins 1.2.2002.

23 Convenience stores in Zones 2 (b), 2 (c) and 2 (d)

The Council may grant development consent for a convenience store within Zone 2 (b), 2 (c) or 2 (d) only where it is satisfied that the site is at least 400 metres from any other convenience store or similar type of building or a site for which the Council has granted development consent for a convenience store or similar type of building, being a development consent that is still valid.

24 Development control plans for multi-dwelling housing

A development control plan relating to development for the purpose of multi-dwelling housing may provide detailed provisions for the following:

(a)  design elements of multi-dwelling housing, and

(b)  areas within a zone for specific types of multi-dwelling housing, and

(c)  localities where only single dwelling-houses and dual occupancy housing are suitable, and

(d)  the most desirable location for dwelling-houses and associated structures, and

(e)  recommended layouts for allotments and building setbacks to ensure the satisfactory retention of trees and other vegetation, and

(f)  localities where specific allotment sizes and shapes should be maintained to minimise adverse environmental impact, and

(g)  specific locations where site coverage should be limited to minimise adverse environmental impact, and

(h)  appropriate bushfire hazard reduction works for open space and remnant bushland areas.

25 Multi dwelling housing—matters for consideration

The Council may grant development consent for multi-dwelling housing within a residential zone only when it is satisfied that:

(a)  the minimum area requirements of clause 26 can be met should the site be subdivided, in the case of dual occupancy housing or integrated housing, and

(b)  the floor space ratio will not exceed 0.5:1, in the case of dual occupancy housing or integrated housing, and

(c)  the number of storeys will not exceed two if the proposed development will be carried out within Zone 2 (a) or 2 (b), and, and

(ca)  in the case of dual occupancy housing and despite paragraph (c), the number of storeys does not exceed one, or if the existing dwelling on the same allotment and any existing dwellings on adjoining allotments are each two storeys or greater, the number of storeys of the proposed development does not exceed two,

(d)  adequate provision is made in respect of:

(i)  the privacy of each dwelling included in the proposed development and of any dwelling on adjoining land, and its curtilage, and

(ii)  access to natural light for each such dwelling and its curtilage, and

(iii)  the servicing of each proposed dwelling, including the supply of water and the disposal of sewage and stormwater, and

(iv)  landscaping and landscaped areas, and

(v)  parking spaces and associated access and manoeuvring, and

(e)  an adequate assessment has been made of the relationship of the proposed building to the scale and character of the streetscape and of buildings on adjoining land and that the design of the development reflects this assessment, and

(f)  access from the development to the road giving access to the site is designed to minimise conflicts between vehicles and pedestrians, and

(g)  the development is designed to minimise any impact on the traffic flows along the road giving access to the site.

cl 25: Am 12.9.2003.

26 Subdivision of residential land—minimum area requirements

(1)  The Council may grant development consent for the subdivision of land within a residential zone only if each allotment on which a dwelling-house, dual occupancy housing or integrated housing will be situated after the subdivision meets the following minimum area requirements:

Minimum Area for each Allotment (in square metres):

600 square metres for each dwelling-house on land within Zone 2 (a), 2 (b), 2 (c) or 2 (d)

1000 square metres for each dwelling-house on land within Zone 2 (e)

450 square metres for each dwelling in integrated housing

600 square metres for each dwelling in dual occupancy housing on land within Zone 2 (a)

300 square metres for each dwelling in dual occupancy housing on land within Zone 2 (b), 2 (c) or 2 (d).

(2)  Regardless of subclause (1), the Council must not grant development consent for the subdivision of land edged in heavy black on sheet 2 of the special sites map in Schedule 2 unless it is satisfied that the minimum area of each allotment created pursuant to this clause will be 4000 square metres for each dwelling-house or for each dwelling in the case of multi-dwelling housing.

(3)  Where dual occupancy housing has been created or erected, or is proposed to be created or erected, on land within Zone 2 (a), the creation of separate lots illustrated by a proposed strata plan relating to the building is prohibited.

(4)  Regardless of subclause (1), the Council must not grant development consent for the subdivision of land within Zone 2 (e) that is shown cross hatched on the map marked “Queanbeyan Local Environmental Plan 1998 (Amendment No 23)” unless the Council is satisfied that the minimum area of each allotment will be 3000 square metres for each dwelling-house.

cl 26: Am 1.2.2002.

Part 4 Business zones

27 General Development Controls—Zone 3 (a) Business A

(1) Objectives of the zone The objectives of Zone 3 (a) (the Business A zone) are:

(a)  to recognise the Queanbeyan City central business district as the main commercial/retail centre of the City, and

(b)  to recognise the Jerrabomberra shopping centre as a future important commercial/retail centre, and

(c)  to provide for a wide range of retail, commercial and tourist uses as well as residential development opportunities in the zone, and

(d)  to encourage alterations, additions or redevelopment within the central business district which acknowledges the scale, form and character of existing development, and

(e)  to encourage alterations, additions or redevelopment which provides sufficient on-site carparking and loading/unloading facilities and meets the Council’s urban design requirements as outlined in a development control plan.

(2) Development allowed without development consent Exempt development.

(3) Development allowed only with development consent Development for the purpose of:

Advertisements

Advertising Structures

Amusement Centres

Arts and Crafts Galleries

Automotive Uses

Buildings which adjoin Heritage Items

Bulky Goods Salesrooms or Showrooms

Bus Stations

Car Parks

Child Care Centres

Clubs

Commercial Premises

Community Facilities

Convenience Stores

Educational Establishments

Entertainment Facilities

Fast Food Take-away Restaurants

Hospitals

Hotels

Laundromats

Light Industries

Medical Centres

Mixed Use Buildings

Motels

Motor Showrooms

Places of Worship

Plant and Equipment Hire Establishments

Public Buildings

Reception Centres

Recreation Facilities

Restaurants

Retail Plant Nurseries

Roads

Service Stations

Shops

Taverns

Tourist Facilities

Utility Undertakings

Veterinary Hospitals

Demolition

Subdivision

Any other development not included in subclause (2) or (4), subject to clause 13 (3)

(4) Development which is prohibited Development for the purpose of:

Brothels

Restricted premises

cll 27–29: Am 28.3.2002; 6.6.2003.

28 General Development Controls—Zone 3 (b) Business B

(1) Objectives of the zone The objectives of Zone 3 (b) (the Business B zone) are:

(a)  to identify land suitable for small scale retail, commercial, mixed retail/commercial and residential development which does not adversely affect neighbours, particularly when they are residents, and

(b)  to encourage the provision of a wide range of retail and commercial activities which serve the surrounding neighbourhood, and

(c)  to encourage alterations, additions or redevelopment which acknowledges the scale, form and character of existing development, and

(d)  to encourage alterations, additions or redevelopment which meets the Council’s carparking, car loading and unloading, landscaping and urban design requirements as outlined in a development control plan, and

(e)  to recognise the importance of the Karabar shopping centre.

(2) Development allowed without development consent Exempt development.

(3) Development allowed only with development consent Development for the purpose of:

Advertisements

Advertising Structures

Arts and Crafts Galleries

Buildings which adjoin Heritage Items

Car Parks

Child Care Centres

Commercial Premises

Community Facilities

Convenience Stores

Fast Food Take-away Restaurants

Laundromats

Light Industries

Medical Centres

Mixed Use Buildings

Public Buildings

Reception Centres

Restaurants

Retail Plant Nurseries

Roads

Service Stations

Shops

Utility Undertakings

Demolition

Subdivision

Any other development not included in subclause (2) or (4), subject to clause 13 (3)

(4) Development which is prohibited Development for the purpose of:

Brothels

Restricted premises

cll 27–29: Am 28.3.2002; 6.6.2003.

29 General Development Controls—Zone 3 (c) Business C

(1) Objectives of the zone The objectives of Zone 3 (c) (the Business C zone) are:

(a)  to identify land suitable for restricted forms of small scale retail and commercial development which does not adversely affect adjoining neighbours, particularly when they are residents, and

(b)  to encourage alterations, additions or redevelopment which acknowledges the scale, form and character of existing development, and

(c)  to encourage alterations, additions or redevelopment which maintains or improves the amenity of adjoining neighbours, particularly when they are residents, and

(d)  to encourage alterations, additions or redevelopment which meets the Council’s carparking, car loading and unloading, landscaping and urban design requirements as outlined in a development control plan.

(2) Development allowed without development consent Exempt development.

(3) Development allowed only with development consent Development for the purpose of:

Advertisements

Advertising Structures

Arts and Crafts Galleries

Bed and Breakfast

Buildings which adjoin Heritage Items

Child Care Centres

Commercial Premises

Community Facilities

Convenience Stores

Fast Food Take-away Restaurants (other than drive-in)

Fast Food Take-away Restaurants (with vehicular access from a road other than Bungendore Road or Crawford Street)

Group Homes

Health Consulting Rooms

High Technology Industries

Home Activities

Home Based Child Minding Services

Hostels

Housing for Aged or Disabled Persons

Laundromats

Light Industries

Medical Centres

Mixed Use Buildings

Motels

Motor Showrooms

Parking Spaces

Public Buildings

Residential Flat Buildings

Restaurants

Roads

Serviced Apartments

Tourist Facilities

Utility Undertakings

Demolition

Subdivision

Any other development not included in subclause (2) or (4), subject to clause 13 (3)

(4) Development which is prohibited Development for the purpose of:

Brothels

Restricted premises

cll 27–29: Am 28.3.2002; 6.6.2003.

30 Amusement centres—special requirements in Zone 3 (a)

The Council may grant development consent for an amusement centre in Zone 3 (a), but only if it is satisfied that:

(a)  an area has been set aside by the applicant for the parking of bicycles by those using the centre and this is sufficient and adequate to reduce the likelihood of bicycles being left on any footpath to interfere with the use of the footpath by the general public, and

(b)  the proposed development meets the requirements of any relevant development control plan.

31 Design criteria for alterations, extensions and new buildings in Monaro and Crawford Streets in Zone 3 (a) and bounded by Rutledge and Morisset Streets and Collett and Lowe Streets

The Council may grant development consent for the erection of a building, or for the alteration or extension of an existing building, on land within Zone 3 (a) in Monaro or Crawford Streets and bounded by Rutledge and Morisset Streets and Collett and Lowe Streets only if it is satisfied that:

(a)  the proposed development is designed to complement the scale and impact of existing development on the site which is the subject of the application as well as that on adjoining land, when viewed at the pedestrian level from the relevant street, and

(b)  the proposed development meets the requirements of any relevant development control plan.

32 Maximum floor space ratios in Zone 3 (a), 3 (b) or 3 (c)

(1)  Buildings must not exceed a floor space ratio of:

(a)  3:1 in Zone 3 (a),

(b)  1:1 in Zone 3 (b),

(c)  1.5:1 in Zone 3 (c).

(2)  The Council must consider floor space ratios specified in any development control plan applying to the land.

(3)  So much of the floor space ratio of buildings within Zone 3 (c) as is attributable to floor space used for commercial purposes must not be greater than 0.75:1.

33 Fast food take-away restaurants with drive-in take-away facilities—minimum site area and landscaping requirements

The Council may grant development consent for fast food take-away restaurants with drive-in take-away facilities only when it is satisfied that:

(a)  the site area is not less than 1000 square metres, and

(b)  the site has sufficient width and depth to enable safe access and egress to and from it by motor vehicles as well as to accommodate any carparking required by the Council, and

(c)  the building and ancillary carparking is set back sufficiently from boundaries adjoining a road or any adjoining site used for residential purposes to allow for any landscaping required by the Council.

cl 33: Am 6.6.2003.

Part 5 Industrial zones

34 General Development Controls—Zone 4 (a) Industrial A

(1) Objectives of the zone The objectives of Zone 4 (a) (the Industrial A zone) are:

(a)  to encourage industrial development which will generate employment opportunities, and

(b)  to provide opportunities for non-industrial development that may reasonably be located in an industrial zone, and

(c)  to ensure that industrial and other permitted buildings which adjoin or are adjacent to residential buildings are designed and used so as to minimise any adverse impact on the use of the residential buildings, and

(d)  to ensure adequate access to all properties and that proper provision is made for landscaping, off-street loading and unloading and carparking, and

(e)  to encourage alterations, additions or redevelopment that improves the existing appearance of a site within the zone, particularly when it is located on or is visible from an arterial road or visible from any adjoining or adjacent residential properties.

(2) Development allowed without development consent Exempt development.

(3) Development allowed only with development consent Development for the purpose of:

Advertisements

Advertising Structures

Arts and Crafts Galleries

Automotive Uses

Brothels

Bulky Goods Salesrooms or Showrooms

Bus Depots

Bus Stations

Car Parks

Clubs

Convenience Stores

Depots

Dwelling-houses used in connection with other development permitted in this zone

Helipads

High Technology Industries

Industries

Laundromats

Materials Recycling Yards (not adjoining or adjacent to land in a residential zone)

Medical Centres

Motor Showrooms

Offices used in connection with other development permitted in this zone

Panel Beating Workshops (not adjoining or adjacent to land in a residential area)

Parking Spaces

Plant and Equipment Hire Establishments

Public Buildings

Reception Centres

Recreation Facilities

Restricted Premises

Retail Plant Nurseries

Roads

Road Transport Terminals

Service Stations

Stock and Sale Yards

Taverns

Transport Depots

Utility Installations

Utility Undertakings

Veterinary Hospitals

Warehouse or Distribution Centres

Demolition

Subdivision

Any other development not included in subclause (2), subject to clause 13 (3)

cll 34: Am 28.3.2002; 6.6.2003.

35 General Development Controls—Zone 4 (b) Industrial B

(1) Objectives of the zone The objectives of Zone 4 (b) (the Industrial B zone) are:

(a)  to enable the development of a business park consisting of high technology industrial premises, bulky goods retailing premises and associated facilities, and

(b)  to encourage well designed, low-scale industrial development which provides large areas of landscaping and meets the Council’s carparking, loading and unloading requirements on site.

(2) Development allowed without development consent Exempt development.

(3) Development allowed only with development consent Development for the purpose of:

Advertisements

Advertising Structures

Arts and Crafts Galleries

Automotive Uses

Bulky Goods Salesrooms and Showrooms

Bus Stations

Car Parks

Child Care Centres

Community Facilities

Convenience Stores

Depots

Dwelling-houses used in connection with other development permitted in this zone

Educational Establishments

Helipads

High Technology Industries

Laundromats

Light Industries

Medical Centres

Motor Showrooms

Offices used in connection with other development permitted in this zone

Plant and Equipment Hire Establishments

Reception Centres

Recreation Facilities

Roads

Utility Installations

Utility Undertakings

Warehouse or Distribution Centres

Demolition

Subdivision

Any other development not included in subclause (2) or (4), subject to clause 13 (3)

(4) Development which is prohibited Development for the purpose of:

Brothels

Restricted premises

cll 35: Am 28.3.2002; 6.6.2003.

36 Industrial development—matters for consideration

The Council may grant development consent for the erection of a building or the use of a building in an industrial zone only if it is satisfied that:

(a)  any adverse visual impact that may arise from the proposed use of the land can be screened from public view by the use of landscaping, particularly when the site is opposite land in a residential zone, and

(b)  access to the site, loading and unloading facilities as well as on-site carparking can be provided to meet the Council’s requirements, and

(c)  any waste arising from the use of the building can be disposed of to meet the Council’s requirements, and

(d)  the use of the building will have a minimal impact on any residential development which the Council anticipates will be affected, and

(e)  the building is set back from its front boundary a sufficient distance to allow for the implementation of any landscaping or carparking requirements of the Council, and

(f)  the size of the building and the scale of the proposed use of the building are unlikely to result in any associated operations being conducted on land other than that to which the development application relates.

37 Bulky goods salesrooms or showrooms—matters for consideration

The Council may grant development consent for a bulky goods salesroom or showroom within Zone 4 (a) or 4 (b) only if it is satisfied that:

(a)  suitable land for the proposed development is not available in Zone 3 (a), and

(b)  the proposed development would not, by reason of the number of retail outlets which exist or are proposed on nearby land within Zone 4 (a) or 4 (b), defeat the predominantly industrial nature of that zone, and

(c)  the proposed development will not detrimentally affect the economic viability of uses of land within Zone 3 (a), and

(d)  the proposed bulky goods salesroom or showroom is to have a gross floor area of not less than 1,000 square metres.

cl 37: Am 6.6.2003.

38 Location of brothels and restricted premises

The Council may grant development consent for the erection of a building to be used as, or for the use of a building as, a brothel or restricted premises on land within an industrial zone, but only if it is satisfied that the site is not less than 200 metres from the nearest boundary of any allotment developed or proposed to be developed for a place of worship, school, dwelling or a place frequented by children or from the nearest boundary of Yass Road or Canberra Avenue.

39 Subdivision of industrial land—minimum area requirements

The Council may grant development consent for the subdivision of land within an industrial zone only if each allotment to be created has an area of not less than 1500 square metres.

Part 6 Special use zone

40 General Development Controls—Zone 5 (a) Special Uses A

(1) Objective of the zone The objective of Zone 5 (a) (the Special Uses A zone) is to make provision for the nominated use of this land as shown on the map.

(2) Development allowed without development consent Exempt development.

(3) Development allowed only with development consent Development for the purpose of:

Buildings adjoining Heritage Items

Car Parks

Roads

The particular use indicated on the map

Utility Installations

Utility Undertakings

Demolition

Subdivision

(4) Development which is prohibited Any development not included in subclause (2) or (3).

cl 40: Am 28.3.2002; 6.6.2003.

40A Development of car parks

(1)  In addition to development that is allowed under clause 40, development for the purpose of the following is allowed, with the consent of the Council, on land within Zone 5 (a) where the nominated use of the land, as indicated on the map, is parking:

(a)  bus stations,

(b)  clubs,

(c)  commercial premises,

(d)  community facilities,

(e)  convenience stores,

(f)  drive-in take-away food shops,

(g)  entertainment facilities,

(h)  laundromats,

(i)  medical centres,

(j)  public buildings,

(k)  recreation facilities,

(l)  restaurants,

(m)  shops,

(n)  take-away food shops.

(2)  The Council may grant development consent to the carrying out of development referred to in subclause (1) only if it is satisfied that:

(a)  there will be no reduction in the number of existing parking spaces provided on the land, and

(b)  a traffic study has been prepared to assess the impact of the proposed development on the local road network, and

(c)  any additional car parking as required by the development is to be provided on the land, and

(d)  the development complies with any design criteria or floor space ratio contained in this plan, and

(e)  the development complies with any urban design guidelines, car parking strategy or development control plan adopted by the Council, and

(f)  the development will maintain any existing easements and rights of way for vehicular and pedestrian access, and

(g)  the use of the site does not prevent or inhibit the site from being used for the special use identified for the land on the map.

cl 40A: Ins 12.10.2001.

41 (Repealed)

cl 41: Rep 28.3.2002.

Part 7 Open space zones

42 General Development Controls—Zone 6 (a) Open Space A

(1) Objective of the zone The objective of Zone 6 (a) (the Open Space A zone) is to identify land predominantly in public ownership which is capable of offering a range of recreational opportunities for all members of the community.

(2) Development allowed without development consent Exempt development.

(3) Development allowed only with development consent Development for the purpose of:

Caravan Parks

Car Parks

Clubs

Community Facilities

Entertainment Facilities

Fast Food Take-away Restaurants (other than drive-in)

Recreation Facilities

Roads

Tourist Facilities

Utility Undertakings

Demolition

Subdivision

(4) Development which is prohibited Any development not included in subclause (2) or (3).

cll 42–45: Am 28.3.2002; 6.6.2003.

43 General Development Controls—Zone 6 (b) Open Space B

(1) Objective of the zone The objective of Zone 6 (b) (the Open Space B zone) is to identify land in private ownership which is capable of offering a range of future recreational opportunities for all members of the community once it is acquired by the Council.

(2) Development allowed without development consent Exempt development.

(3) Development allowed only with development consent Development for the purpose of:

Caravan Parks

Car Parks

Community Facilities

Entertainment Facilities

Maintenance work associated with any other lawful use of the land

Recreation Facilities

Utility Undertakings

Demolition

Subdivision

(4) Development which is prohibited Any development not included in subclause (2) or (3).

cll 42–45: Am 28.3.2002; 6.6.2003.

44 General Development Controls—Zone 6 (c) Open Space C

(1) Objective of the zone The objective of Zone 6 (c) (the Open Space C zone) is to recognise and to enable the continuation of recreational activities conducted on privately owned land.

(2) Development allowed without development consent Exempt development.

(3) Development allowed only with development consent Development for the purpose of:

Caravan Parks

Car Parks

Clubs

Entertainment Facilities

Recreation Facilities

Roads

Utility Undertakings

Demolition

Subdivision

(4) Development which is prohibited Any development not included in subclause (2) or (3).

cll 42–45: Am 28.3.2002; 6.6.2003.

Part 8 Environmental protection zones

45 General Development Controls—Zone 7 (a) Environmental Protection A

(1) Objectives of the zone The objectives of Zone 7 (a) (the Environmental Protection A zone) are:

(a)  to identify and provide for the protection of publicly owned land which is environmentally sensitive and of visual significance, and

(b)  to maintain the intrinsic scientific, scenic, habitat and educational values of natural and semi-natural environments, and

(c)  to protect rivers, creeks and gully ecosystems, and

(d)  to protect threatened species.

(2) Development allowed without development consent Exempt development.

(3) Development allowed only with development consent Development for the purpose of:

Recreation Facilities

Roads

Utility Installations

Utility Undertakings

Demolition

Subdivision

(4) Development which is prohibited Any development not included in subclause (2) or (3).

cll 42–45: Am 28.3.2002; 6.6.2003.

46 General Development Controls—Zone 7 (b) Environmental Protection B

(1) Objectives of the zone The objectives of Zone 7 (b) (the Environmental Protection B zone) are:

(a)  to identify and provide for the protection of privately owned land which is environmentally sensitive and of visual significance, and

(b)  to maintain the intrinsic scientific, scenic, habitat and educational values of natural and semi-natural environments, and

(c)  to protect river, creek and gully ecosystems, and

(d)  to protect threatened species.

(2) Development allowed without development consent Development for the purpose of:

Bushfire Hazard Reduction

Maintenance associated with the protection of known endangered flora and fauna and their habitat.

(3) Development allowed only with development consent Development for the purpose of:

Recreation Facilities

Utility Installations

Utility Undertakings

Demolition

Subdivision

(4) Development which is prohibited Any development not included in subclause (2) or (3).

cl 46: Am 6.6.2003.

Part 9 National park zone

47 General Development Controls—Zone 8 (a) National Park A

(1) Objectives of the zone The objectives of Zone 8 (a) (the National Parks A zone) are:

(a)  to identify land which is reserved or dedicated under the National Parks and Wildlife Act 1974, and

(b)  to allow for the management and appropriate use of that land as provided for in the National Parks and Wildlife Act 1974.

(2) Development allowed without development consent Any development authorised by the National Parks and Wildlife Act 1974 and any development ordinarily incidental or ancillary to such development.

(3) Development allowed only with development consent Nil.

(4) Development which is prohibited Any development not included in subclause (2).

Part 10 Road zones

48 General Development Controls—Zone 9 (a) Road A

(1) Objectives of the zone The objectives of Zone 9 (a) (the Road A zone) are:

(a)  to enable a future arterial or major local road which provides an alternative road for traffic not wanting to go through the central business district, and

(b)  to enable a future arterial or major local road which links the Monaro Highway to the Kings Highway, and

(c)  to enable the widening of Lanyon Drive.

(2) Development allowed without development consent Exempt development.

(3) Development allowed only with development consent Development for the purpose of:

Road Works not included in subclause (2)

Utility undertakings

Demolition

Subdivision

(4) Development which is prohibited Any development not included in subclause (2) or (3).

cll 48: Am 28.3.2002; 6.6.2003.

49 General Development Controls—Zone 9 (b) Road B

(1) Objectives of the zone The objective of Zone 9 (b) (the Road B zone) is to enable the establishment of local roads or laneways identified on the map.

(2) Development allowed without development consent Exempt development.

(3) Development allowed only with development consent Development for the purpose of:

Road Works

Utility undertakings

Demolition

Subdivision

(4) Development which is prohibited Any development not included in subclause (2) or (3).

cll 49: Am 28.3.2002; 6.6.2003.

Part 11 Advertising structures and displays

pt 11: Subst 24.12.1999.

50 (Repealed)

cl 50: Subst 24.12.1999. Am 1.2.2002. Rep 28.3.2002.

51 Advertising structures and displays requiring development consent

(1)  Regardless of any other clause in this plan, development consent is required for the erection of any advertising structure and the display of an advertisement on it, and for the display of an advertisement that is not on an advertising structure, which:

(a)  covers any mechanical ventilation inlet or outlet, or

(b)  is less than 600 millimetres from the kerb or edge of the carriageway of any road.

(2)  Nothing in this plan affects State Environmental Planning Policy No 64—Advertising and Signage.

cl 51: Subst 24.12.1999; 28.3.2002.

52 General restrictions on granting development consent for advertising structures and displays

The Council may grant development consent for the erection of an advertising structure and display of an advertisement on it, or the display of an advertisement that is not an advertising structure, only if it is satisfied that:

(a)  the structure and the advertisement or the advertisement will not detract from any scenic quality of the locality, and

(b)  the advertisement does not significantly add or contribute to any signage clutter in the locality, and

(c)  where the advertisement or the structure is to be attached to a building, the advertisement or the structure has been designed to be an integral part of the building, both structurally and aesthetically, and

(d)  the provisions of clause 53, where applicable, have been met, and

(e)  the advertisement will not distract motorists using an intersection or interfere with the efficient operation of any traffic control device.

cll 52–55: Subst 24.12.1999.

53 Advertising structures and displays for restricted premises

The Council may grant development consent for an advertising structure and display of an advertisement on it, or for the display of an advertisement that is not on an advertising structure, advertising restricted premises, only if:

(a)  it is satisfied that the advertisement is not likely to interfere with the amenity of the locality, and

(b)  the advertisement and structure has an area of not more than 3 square metres and includes:

(i)  the words “RESTRICTED PREMISES” in capital letters being not less than 100 millimetres and not more than 150 millimetres in height, and

(ii)  the name of the person who conducts the business at those restricted premises or the registered name of the business carried out on those restricted premises, and

(c)  not more than one such advertisement and structure is erected, displayed or exhibited to public view in a window or an entrance of the restricted premises or on, outside or directly above the door to the premises, and

(d)  the advertisement or structure will not be illuminated by flashing lights and does not include changing images or similar effect.

cll 52–55: Subst 24.12.1999.

54 Advertising structures and displays for tourist facilities and places of scientific, historic or scenic interest

Regardless of any other clause in this plan, the Council may grant development consent for the erection of an advertising structure and display of an advertisement on it, or the display of an advertisement that is not an advertising structure, on any land for the specific purpose of directing the travelling public to tourist facilities or places of scientific, historic or scenic interest, where it is satisfied that:

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

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

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

cll 52–55: Subst 24.12.1999.

55 Restrictions applying to advertising structures and displays in Zone 3 (a)

The Council may grant development consent for the erection of an advertising structure and display of an advertisement on it, or for the display of an advertisement that is not on an advertising structure, in Zone 3 (a) only if the advertisements or structures are:

(a)  painted signs on fascias, or

(b)  wall signs on upper facades, whether or not illuminated, that project less than 1 metre from the building face and, in the opinion of the Council, are well designed.

cll 52–55: Subst 24.12.1999.

Part 12 Heritage provisions

56 Identification of heritage items

Heritage items are classified as Built Items, Archaeological Sites or Potential Archaeological Sites in the following Table and are shown on sheets 3 and 4 of the heritage items and heritage conservation area map in Schedule 4:

Table

A Built Items:
Item/Site:		Location:
1	Dwelling “Glenrock”	26 Malcolm Road
2	School of Arts Building (Council Chambers)	251 Crawford Street
3	Mill and Millhouse	49–55 Collett Street
4	“Hibernia Lodge” Craft Shop	69 Collett Street
5	Old Hospital (Rusten House)	87–105 Collett Street
6	Dwelling “Bulls Cottage”	24 Henderson Street
7	Railway Worker’s Cottage	35 Henderson Street
8	Railway Station	43 Henderson Street
8A	Railway Station Master’s Cottage	47 Henderson Street
9	Dwelling “Kawaree” (Aged Persons Home)	50 Canberra Avenue
10	Old Police residence	8 Farrer Place
11	St. Benedict’s Convent	39 Isabella Street
12	Public School House	35 Isabella Street
13	Roman Catholic Church	15–21 Macquoid Street
14	Dwelling “Coroda”	58 Atkinson Street
15	St. Stephen’s Presbyterian Church	2 Morisset Street
16	Dwelling “Furlong”	15 Morisset Street
17	Suspension Bridge	Isabella Street
18	Christ Church Anglican Church	39 Rutledge Street
19	Ye Olde Kent House	2 Macquoid Street
20	Queanbeyan Showground	19–41 Farrer Place
21	Queanbeyan Recreational and Leisure Centre	121–147 Crawford Street
B Archaeological Sites:
1	Limestone Kilns (referred to as HS3 in David Hogg Pty Ltd’s Environmental Investigation of Gale Precinct)	Gale Precinct (bounded by Cooma Street and Wickerslack Lane)
2	Scarred Tree—Sites (referred to as GP8 in David Hogg Pty Ltd’s Environmental Investigation of Gale Precinct)	Gale Precinct (bounded by Cooma Street and Wickerslack Lane)
3	Site GP8 (referred to in David Hogg Pty Ltd’s Environmental Investigation of Gale Precinct)	Gale Precinct (bounded by Cooma Street and Wickerslack Lane)
C Potential Archaeological Sites:
1	Site GP2 (referred to in David Hogg Pty Ltd’s Environmental Investigation of Gale Precinct)	Gale Precinct (bounded by Cooma Street and Wickerslack Lane)
2	Sites GP3 and GP5 (referred to in David Hogg Pty Ltd’s Environmental Investigation of Gale Precinct)	Gale Precinct (bounded by Cooma Street and Wickerslack Lane)
3	HS4 (referred to in David Hogg Pty Ltd’s Environmental Investigation of Gale Precinct)	Gale Precinct (bounded by Cooma Street and Wickerslack Lane)

cl 56: Am 6.6.2003.

57 Development of heritage items or development within a heritage conservation area requiring development consent

Regardless of any other clause in this plan, development consent is required for the following:

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

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

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

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

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

cl 57: Am 28.3.2002.

58 Development of known archaeological or potential archaeological sites

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

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

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

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

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

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

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

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

59 (Repealed)

cl 59: Rep 28.3.2002.

60 Development of a heritage item or development within a heritage conservation area requiring development consent—matters for consideration

(1)  When development consent is required, the Council may grant development consent for any development involving a heritage item or a site within a heritage conservation area, such as demolition, excavation or filling, or subdivision of land, only if it has made an assessment of:

(a)  the heritage significance of the site including its title and any building or work on it, and

(b)  the impact of carrying out the proposed development on the heritage significance of the site, any building or work on it or on the heritage conservation area, if the site is located within one, and

(c)  any conditions that should be attached to the development consent to mitigate any adverse impacts that may arise from carrying out the proposed development, and

(d)  the setting of the proposed development and whether any features of this setting should be retained, including the size and shape of the allotment intended to be developed when the development consent is being sought, and

(e)  the desirability of conserving the site and any building or work on it, and

(f)  whether the site or any building or work on it constitutes a danger to any person.

(2)  The Council may grant development consent for the erection of a building on the site of a heritage item or on a site within a heritage conservation area (or for alterations or additions to any existing building that is a heritage item or within a heritage conservation area) only if it has made an assessment of:

(a)  the matters identified in subclause (1),

(b)  the compatibility of the pitch and form of the roof and the size, shape and proportion of openings for windows and doors resulting from the proposed development with any buildings on the site or on adjoining land,

(c)  the compatibility of the colour, texture, style and the type of finish of exterior materials to be used in the building with those of any building on the site or on adjoining land,

(d)  the height, bulk and massing of the buildings that will result from carrying out the development in relation to the scale of any existing buildings on adjoining land used for similar purposes,

(e)  the location of the site of the building that will result from carrying out the development in relation to:

(i)  any trees and other buildings on the site, and

(ii)  the setback of the building from both the road alignment and the side boundaries of the site, taking into account the setback of buildings on adjoining land,

(f)  the compatibility of any proposed fencing or driveway treatments with any existing fencing or driveway treatments on the site and on adjoining land, and

(g)  in the case of commercial development, a statement of environmental effects at least which considers all of the matters identified in this clause.

61 Development on a site in the vicinity of a heritage item

The Council may grant development consent for any development on a site in the vicinity of a heritage item only if it has made an assessment of:

(a)  the effect that the development will have on the historic, scientific, cultural, social, archaeological, architectural, natural or aesthetic significance of the heritage item and its site, and

(b)  the compatibility of the development with the heritage item.

62 Advertised development involving heritage items or heritage conservation areas

(1)  The following development is identified as advertised development:

(a)  the demolition of a heritage item or a building, work, relic or place in a heritage conservation area,

(b)  the carrying out any development allowed with consent by clause 63.

(2)  Subclause (1) (a) does not apply to the partial demolition of a heritage item or a building within a heritage conservation area when, in the opinion of the Council, the partial demolition will be of a minor nature and will not adversely affect the heritage significance of the heritage item or building in relation to the heritage significance of the land to which this plan applies.

(3)  Subclause (1) (a) does not apply in the case of a building destroyed or partially destroyed by storm, flood, fire or any similar event where the remaining part of the building, in the opinion of the Council, constitutes a danger to the public.

cl 62: Subst 24.12.1999.

62A Notification of demolition to the Heritage Council

Before granting consent for the demolition of a heritage item identified by this plan as being of State significance, the consent authority must notify the Heritage Council about the application and take into consideration any comments received in response within 28 days after the notice is sent.

cl 62A: Ins 24.12.1999.

63 Heritage conservation incentives

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

(a)  the proposed use would not adversely affect the heritage of the item or of any heritage conservation area in which it is located, and

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

Part 13 Special provisions

64 Acquisition of land in Zone 6 (b), 9 (a) or 9 (b)

(1)  The owner of any land in Zone No 6 (b), 9 (a) or 9 (b) may, by notice in writing, require the Council to acquire the land.

(2)  On the receipt of such a notice the Council must acquire the land.

(3)  This clause does not apply when the land is required to be dedicated to the Council as a condition of development consent.

65 Interim development of land within Zone 6 (b), 9 (a) or 9 (b)

(1)  The Council may grant consent for any development on land in Zone 6 (b), 9 (a) or 9 (b) that:

(a)  may be carried out on land in an adjoining zone, and

(b)  is compatible with development which may be carried out on land in an adjoining zone.

(2)  The Council must not grant development consent referred to in subclause (1) unless it has made an assessment of:

(a)  the effect of the proposed development on the costs of acquisition, and

(b)  the imminence of acquisition, and

(c)  the costs of reinstatement of the land for the development for which the land is to be acquired.

66 Development along arterial and other specified roads—matters for consideration

(1)  The Council may grant development consent for development on land with direct vehicular access to an arterial road or on land which has a vehicular access point within 90 metres of an intersection with an arterial road only if it is satisfied that:

(a)  vehicular access from a road other than an arterial road is not practicable, and

(b)  the nature of the development justifies a location on an arterial road or near one, and

(c)  vehicular access to the development and the road giving access to the site are designed to minimise conflict between vehicles and pedestrians, and

(d)  through traffic on the arterial road will not be impeded by the design of access points from the site of the proposed development or by the internal traffic arrangements for the proposed development, and

(e)  future through traffic on the arterial road following its realignment or widening will not be impeded by the design of those access points or by those internal traffic arrangements.

(2)  The proposed Edwin Land Parkway is taken to be an arterial road for the purposes of subclause (1).

(3)  The Council may grant development consent for development which provides direct vehicular access to Southbar Road between Donald Road and Lanyon Drive, or to Thompsitt Drive, or to the proposed Edwin Land Parkway, only when such vehicular access is gained from a road.

(4)  The Council may grant development consent for a road intersecting with Southbar Road between Donald Road and Lanyon Drive, Thompsitt Drive or the proposed Edwin Land Parkway, only if it is satisfied that the location of the road and design of its intersection is in accordance with any requirements of the Council or the Roads and Traffic Authority of New South Wales, as applicable.

(5)  The Council may grant development consent for the subdivision of the following land, or the erection of a dwelling requiring development consent on that land, only if it is satisfied that the development incorporates noise mitigation measures that are in accordance with the Environment Protection Authority's Environmental Criteria for Road Traffic Noise (published in June 1999):

(a)  land adjoining Bungendore Road, Crawford Street, Edwin Land Parkway, Ellerton Drive, Lanyon Drive, Monaro Street, Southbar Road, Thompsitt Drive,

(b)  land adjoining land within Zone 9 (a),

(c)  land adjoining the proposed Edwin Land Parkway.

(6)  Subclause (5) does not apply where, in the Council's opinion, the proposed development involves the reasonable repair, renovation, alteration, extension of, or addition to, an existing building.

cl 66: Am 6.6.2003.

67 Development near zone boundaries

(1)  This clause applies to land within 20 metres of a boundary between any two zones except land within Zone 7 (a), 7 (b) or 8 (a) or land proposed to be developed for the purpose of a brothel or restricted premises.

(2)  Regardless of any other clause in this plan, the Council may grant consent for development of land to which this clause applies if the development may be carried out in the adjoining zone, but only if it is satisfied that:

(a)  the development is not inconsistent with the aims and objectives of this plan and the objectives of both zones, and

(b)  the carrying out of the development is desirable due to planning, servicing or similar requirements relating to the optimum development of the land.

68 Development of land shown as unzoned on the map

(1)  Development consent is required for development of unzoned land.

(2)  Subclause (1) does not apply to the development of any land by a public authority or its agent for the purpose of roads or utility installations (other than railways, water or air transport, wharf or river undertakings, gas holders or generating works) on which development may be carried out without the development consent of the Council.

68A Development of certain land off Ellerton Drive

(1)  The Council must not grant consent to the development of land identified by black hatching on the map marked “Queanbeyan Local Environmental Plan 1998 (Amendment No 5)” unless both an archaeological study, and a flora and fauna study, of the land have been undertaken.

(2)  Before undertaking either the archaeological study or the flora and fauna study referred to in subclause (1), the Council must consult with the Director-General of National Parks and Wildlife on the briefs for those studies and as far as reasonable incorporate the Director-General’s requirements into those briefs.

cl 68A: Ins 23.8.2002.

69 Development exceeding the obstacle height limitation or on land within the 20–25 ANEF contour

(1)  Regardless of any other provision of this plan, development consent is required for a building with a height which exceeds the obstacle height limitation surface and for residential development under a flightpath and within the 20–25 ANEF contour.

(2)  The Council may grant development consent for the erection of a building on land with a height which exceeds the obstacle height limitation surface for Canberra (Fairbairn) Airport as determined by the Commonwealth Department of Defence from time to time only if it is satisfied that the building will not constitute an obstruction, hazard or potential hazard to aircraft flying in the vicinity. Before granting such a consent, the Council must notify that Department of its intention to do so and take into consideration any comments made by that Department and received within 28 days after the notice was sent.

(3)  Where the proposed development is located under a flight path and is within the 20–25 ANEF contour and is for residential purposes or for the purposes of hospitals, schools, churches and public buildings, the Council may grant development consent only if it is satisfied that any building to be constructed will satisfy the provisions of AS 2021–1994 (Acoustics—Aircraft Noise Intrusion—Building Siting and Construction).

(4)  In granting consent referred to in subclause (1), the Council must consider any noise exposure forecast prepared for the land concerned by the Commonwealth Department of Defence, Federal Airports Corporation, Air Services Australia or a private lessor of the Airport and assess whether the proposed use of the building will be adversely affected by exposure to aircraft noise.

(5)  For the purposes of this clause, the flightpath of aircraft includes such land as is determined by either Air Services Australia or the Department of Defence and communicated to the Council.

70 Development within two kilometres of the Bonshaw Radio Station

The Council may grant development consent for the erection of a building on land within 2 kilometres of the Bonshaw Radio Station only after it has referred the application to the Commonwealth Department of Defence and has considered any comments received from the Department of Defence within 28 days after the notice was sent.

71 Development near Jerrabomberra Creek or Queanbeyan River or within floodprone land

(1)  The Council must not grant development consent for the erection of a building or a work on land within 40 metres of the top of the bank of either Queanbeyan River or Jerrabomberra Creek unless it is satisfied that it will have no adverse impact on the riverine environment.

(2)  The Council must not grant development consent for the erection of a building or the carrying out of a work on land that is, in the opinion of the Council, liable to flooding unless it is satisfied that:

(a)  the impact of the proposed development on water quality or the erosion of banks will be minimal, or appropriate steps can be taken to minimise any adverse impact of the development on water quality or the erosion of the banks, and

(b)  adequate measures can be taken to:

(i)  reduce the impact of flooding on the subject land as well as on adjoining land, and

(ii)  prevent the incidence of structural damage likely to be caused to any buildings to be located on the land, and

(iii)  enable the evacuation of people and limit any cost to the community of evacuation.

72 Land subject to bushfire hazard—matters for consideration

The Council may grant development consent for the subdivision of land or to the erection of a building on land which, in the Council’s opinion, is subject to bushfire hazard only if it is satisfied that:

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

(b)  adequate safeguards will be adopted in the form of fire breaks, reserves and fire radiation zones, and

(c)  adequate water supplies will be available for fire fighting purposes, and

(d)  appropriate measures can be taken to reduce the hazard, after having regard to any guidelines, development control plan or the like adopted from time to time by the Council.

73 Development within scenic protection areas or Residential E Zone—matters for consideration

The Council may grant development consent for a building within a scenic protection area or within Zone 2 (e) only if it is satisfied that:

(a)  the height, scale and bulk of the building as well as the construction materials used in, and the colours of external surfaces of, the building will accord with the visual character of the locality, and

(b)  any landscaping, particularly around buildings for screening purposes, will enhance the visual character of the locality, and

(c)  the building will be located so as to be unobtrusive, and

(d)  the part of the site to be used for the building is stable or can be stabilised in accordance with the requirements of the Council and has a slope of less than 20%, and

(e)  the effect of the proposed development on the erosion of any land or the siltation of any waterway will be minimal, or appropriate measures can be taken to control erosion or siltation during construction, and

(f)  adequate measures can be taken during and after construction to protect endangered flora and fauna where these are known to occur on the subject site or on immediately adjoining land, and

(g)  where required, a tree survey of significant trees showing the likely impact on significant trees of the proposed development has been taken into account and adequate measures are proposed to be taken to retain significant trees.

cl 73: Am 1.2.2002.

74 Subdivision of land—matters for consideration

(1)  The Council may grant development consent for a subdivision of land within a rural zone only if it is satisfied that:

(a)  access roads are located to minimise the risk of soil erosion, and

(b)  each allotment to be created by the subdivision of land provides potential development sites with minimum risk of damage by bushfires or soil instability, and

(c)  adequate provision is made for soil erosion control measures to be carried out, including measures to be carried out prior to and during the construction phase of the subdivision taking place, and

(d)  adequate provision is made for drainage and stormwater control, and

(e)  each new allotment has sufficient building area on it, being land with a natural slope of less than 20%, and

(f)  the size of allotments to be created meets any minimum or average area requirements of this plan for the land and the ratio of depth to frontage of each new allotment is adequate in terms of its likely intended use, and

(g)  where the land in the opinion of the Council is unstable, a geophysical report on the stability of land has been prepared by consultants acceptable to the Council and the report indicates which part of the land is suitable for development or the appropriate measures that need to be taken to stabilise the area proposed for development, and

(h)  adequate measures will be taken during construction to protect endangered flora and fauna as well as other native vegetation, when these are known to occur on the subject site or adjoining land, and

(i)  adequate measures will be taken to retain heritage items, significant trees and other significant native vegetation or natural features of significance, and

(j)  those parts of a site to be developed for the purpose of a building will not intrude on visibly prominent or significant landscaping qualities when viewed from outside the area being developed.

(2)  The Council may grant development consent for a subdivision of land within a residential zone only if it is satisfied that:

(a)  the matters referred to in subclause (1) (a)–(e) and (g)–(j) have been adequately dealt with, and

(b)  the size of allotments to be created meets any minimum area requirements of this plan for the land and the ratio of depth to frontage of each new allotment is adequate in terms of its likely intended use, and

(c)  adequate measures are made to retain significant trees and natural drainageways and significant trees and natural drainageways, where possible, are sited in areas accessible to the general public, and

(d)  allotments are orientated to acknowledge local microclimatic conditions and to enable future buildings to be designed to achieve maximum solar efficiency, and

(e)  greenfield or large residential subdivisions have been designed to encourage the use of alternative forms of transportation to the private motor car.

(3)  The Council may grant development consent for a subdivision of land within a business or industrial zone or for a subdivision of land likely to be used for retail or commercial purposes, only if it is satisfied that:

(a)  the matters referred to in subclause (1) (a)–(e), (g) and (i) have been adequately dealt with, and

(b)  any subdivision of land on a main or proposed main road will not increase the potential for ribbon development along that road, and

(c)  the size of allotments to be created meets any minimum area requirements of this plan for the land.

(4)  The Council may grant development consent for a subdivision of land within Zone 7 (a) or 7 (b) only after it has notified the National Parks and Wildlife Service of its intention to do so and has considered any representations made by the Director-General of National Parks and Wildlife within 28 days after the notice was sent.

75 (Repealed)

cl 75: Rep 28.3.2002.

76 Air, water and noise pollution and disposal of stormwater and other liquid discharges

(1)  The Council may grant consent for the development of land that is not exclusively for the purpose of residential use only if:

(a)  it has considered whether conditions should be imposed on the consent for the purpose of:

(i)  reducing, improving the quality of, or controlling, all emissions to air (such as conditions concerning the use of pollution control equipment), or

(ii)  reducing or minimising noise impacts, or

(iii)  reducing or improving the quality of stormwater disposal from the site as well as any pollution arising as a result of stormwater disposal, or

(iv)  reducing, improving the quality of, or controlling, liquid discharges to the sewer, and

(b)  it is satisfied that:

(i)  the development is not likely to give rise to significant air, water or noise pollution, and

(ii)  stormwater and other liquid discharges will be properly discharged.

(2)  Despite subclause (1), the Council may grant consent for the development of land if it has had regard to information that addresses the following matters:

(a)  the composition and quantity of all emissions to air likely to result from the development of the site (including emissions to air from any building, plant, activity or equipment on the site),

(b)  the noise impacts likely to result from the development of the site (including noise emissions arising during construction and from any building, plant, equipment or activity on the site),

(c)  the measures proposed to dispose of stormwater and any liquid discharges from the site,

(d)  the measures proposed to minimise the occurrence of polluting incidents arising from emissions to air or from discharge of stormwater or any liquid discharges to sewer as well as the measures proposed to attenuate noise emissions.

cll 76–79: Subst 6.6.2003.

77 Land which may be contaminated by virtue of previous development

The Council may grant consent for the development of land only if it is satisfied that clause 7 of State Environmental Planning Policy No 55—Remediation of Land has been complied with.

cll 76–79: Subst 6.6.2003.

78 Greenhouse emissions and global warming

The Council may grant development consent for development that has an estimated value in excess of $500,000 and that will result in the consumption of non-renewable energy and the production of greenhouse gases only if it has made an assessment of:

(a)  details of the possible measures that could be incorporated in the development to reduce the consumption of non-renewable energy and the production of greenhouse gases, and

(b)  any measures incorporated in the proposed development to minimise the energy requirements of the proposed development, including building design, construction methods, materials, solar orientation, plant and equipment technology, space heating, cooling and lighting systems, and landscaping, and

(c)  whether conditions should be imposed on the consent aimed at reducing the consumption of non-renewable energy or the production of greenhouse gases.

cll 76–79: Subst 6.6.2003.

79 Waste minimisation and disposal

(1)  The Council may grant consent for development only if it is satisfied that the person proposing to carry out the development:

(a)  has, in the Council's opinion, taken all reasonable measures to minimise the quantities of waste likely to be generated by the development through waste avoidance, recycling or reuse, and

(b)  has made or intends to make arrangements for the proper collection and disposal of wastes to an appropriate landfill site or reprocessing facility, and

(c)  has made adequate provision on site for the storage of waste materials prior to their collection and removal.

(2)  However, if the Council cannot satisfy itself of the matters referred to in subclause (1) or the development has an estimated value in excess of $500,000, the Council may grant consent for development only if:

(a)  it has taken into account a statement of environmental effects that details:

(i)  the types of wastes likely to be generated by the construction and future users of the proposed development, and

(ii)  the likely waste disposal methods, including any measures that might be taken to recycle materials or by-products or to minimise pollution, and

(b)  it has considered whether conditions should be imposed on the consent aimed at waste minimisation, or the collection, disposal or minimising of pollution.

cll 76–79: Subst 6.6.2003.

80 Covenants and agreements—suspension in Zones 3 (a), 3 (b), 3 (c), 4 (a) and 4 (b)

(1)  This clause applies to land within Zone 3 (a), 3 (b), 3 (c), 4 (a) or 4 (b).

(2)  If any covenant, agreement or other similar instrument prohibits development allowed by this plan, then it shall not apply to that development, to the extent necessary to allow that development.

(3)  In accordance with section 28 of the Environmental Planning and Assessment Act 1979, the Governor approved of subclauses (1) and (2) before this plan was made.

81 Advertised development

Development for the purpose of brothels, hospitals, housing for aged or disabled persons, places of worship, residential flat buildings or restricted premises on any land, or for the purpose of utility installations or utility undertakings on land within Zone 7 (a) or 7 (b), is identified as advertised development.

cl 81: Subst 24.12.1999.

81A Land transferred from Yarrowlumla

(1)  This clause applies to land shown edged heavy black on the map marked “Queanbeyan Local Environmental Plan 1998 Amendment No 28” deposited in the office of Queanbeyan City Council, which is referred to in this clause as transferred land.

(2)  Any transferred land that was, immediately before 1 January 1995, within a zone under Yarrowlumla Local Environmental Plan 1993 specified in Column 1 of the following Table is taken to be within the corresponding zone under this plan specified in Column 2 of that Table.

Table of equivalent zones

Column 1	Column 2
1 (a)	1 (a)
1 (d)	1 (c)
7 (e)	7 (a), in the case of publicly owned land 7 (b), in the case of privately owned land

(3)  Despite any other provision of this plan if, immediately before 1 January 1995:

(a)  development could have been carried out without consent under Yarrowlumla Local Environmental Plan 1993 on or with respect to any transferred land but may only be carried out with consent or is prohibited by, or could not be carried out without contravening a development standard imposed by, any other provision of this plan, it may be carried out on that land without development consent, or

(b)  development could have been carried out with consent under Yarrowlumla Local Environmental Plan 1993 on or with respect to any transferred land but is prohibited by, or could not be carried out without contravening a development standard imposed by, any other provision of this plan, it may be carried out on or with respect to that land with development consent.

cl 81A: Ins 6.12.2002.

Part 14 Public land

82 Classification and reclassification of public land as community land

The public land described in Schedule 5 is classified, or reclassified, as community land for the purposes of the Local Government Act 1993.

cl 82: Subst 8.6.2001.

cl 82, table: Am 7.5.1999. Rep 8.6.2001.

83 Classification and reclassification of public land as operational land

(1)  The public land described in Schedule 6 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 6 is land that was classified, or reclassified, as operational land before the application of the amendments made by the Local Government Amendment (Community Land Management) Act 1998 to section 30 of the Local Government Act 1993.

(3)  Land described in Part 2 of Schedule 6:

(a)  to the extent (if any) that the land is a public reserve, does not cease to be a public reserve, and

(b)  continues to be affected by any trusts, estates, interests, dedications, conditions, restrictions or covenants by which it was affected before its classification, or reclassification, as the case requires, as operational land.

(4)  Land described in Columns 1 and 2 of Part 3 of Schedule 6, to the extent (if any) that it is a public reserve, ceases to be a public reserve on the commencement of the relevant amending plan and, by the operation of that plan, is discharged from all trusts, estates, interests, dedications, conditions, restrictions and covenants affecting the land or any part of the land except those specified opposite the land in Column 3 of Part 3 of Schedule 6.

(5)  In this clause, the relevant amending plan, in relation to land described in Part 3 of Schedule 6, means the local environmental plan cited at the end of the description of the land.

(6)  Before the relevant amending plan inserted the description of land into Part 3 of Schedule 6, the Governor approved of subclause (4) applying to the land.

cl 83: Ins 8.6.2001.

sch 1: Am 24.12.1998; 22.1.1999; 7.5.1999; 24.9.1999; 10.12.1999; 24.12.1999; 23.6.2000; 16.3.2001; 12.4.2001; 27.7.2001; 12.10.2001; 1.2.2002; 28.3.2002; 23.8.2002; 22.11.2002; 6.6.2003; 5.9.2003; 12.9.2003; 2005 (257), cl 4.

Dictionary

(Clause 5 (1))

A frame sign means a moveable stand that displays an advertisement in front of a site on a public footway which:

(a)  is not more than 1.2 metres in height or 750 millimetres in width, and

(b)  displays an advertisement with wording that does no more than describe the place or premises comprising or situated on the site or a person residing or carrying out an occupation there or describe or depict an occupation being carried out there or give directions, cautions or notifications, or particulars relating to goods, commodities, services, activities, trades, professions or other businesses dealt with or provided at the place or premises.

adjoining land means land which abuts other land or is separated from it only by a pathway, driveway or similar thoroughfare.

advertised development has the same meaning as it has in the Environmental Planning and Assessment Act 1979.

advertisement has the same meaning as it has in the Environmental Planning and Assessment Act 1979.

advertising structure has the same meaning as it has in the Environmental Planning and Assessment Act 1979.

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

amusement centre means a building or place used mainly for the purpose of playing:

(a)  billiards, pool or similar games, or

(b)  electrically or mechanically operated amusement devices such as pinball machines and the like, but only if more than 3 such machines are installed in the building or place.

ANEF contour means the noise exposure contour shown as an ANEF contour on a plan of Canberra (Fairbairn) Airport or surrounding land prepared by an appropriate Commonwealth public authority or private lessor of the Airport.

animal establishment means a building or place used intensively for the purpose of animal husbandry or the boarding, training or keeping of animals, birds, fish, crustaceans, insects, reptiles or the like.

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

archaeological site means an archaeological site identified in the Table to clause 56.

area of an advertisement in the form of a sign means:

(a)  for a sign with only one side occupied by the matter displayed, the area within the outline of that sign, or

(b)  for a sign with two sides occupied by the matter displayed, the area within the outline of that sign or, where one side is larger than the other, the area within the outline of the larger side, or

(c)  for any other sign, one-third of the total surface area of the sign.

arterial road means:

(a)  a road shown on the map as such, or

(b)  a classified road within the meaning of the Roads Act 1993.

arts and crafts gallery means a building used for the creation, display or sale of arts and crafts, or materials of an artistic or historical nature.

Australian noise exposure forecast (ANEF) for land means a value allocated to the land on an index used for predicting the cumulative exposure to aircraft noise in communities near airports during a specified time period.

automotive use means the use of a building or work or land for the purpose of fuelling, lubricating, cleaning, caring for, maintaining or repairing motor vehicles or of offering for sale and installing automotive accessories or parts and includes the use of an automotive workshop, a shop selling automotive spare parts, tyres or car batteries, a tyre retreading workshop and any other establishment performing similar functions including a car repair station, but does not include the use of a panel beating workshop (other than a place used for minor panel beating ancillary to a motor showroom) or a service station.

awning means a fixed or retractable canvas or metal roof-like covering to shelter persons or protect parts of a building from the effects of sun or rain, usually erected in front of a window or door, or over a balcony or deck.

balcony means an open or covered elevated horizontal platform attached to the upper floor of a building, projecting or recessed into the face of the wall, accessible from an adjacent room, and protected by a railing or balustrade.

barbecue means an outdoor facility, located in a backyard or courtyard, for domestic cooking.

bed and breakfast means the provision of accommodation and meals for commercial purposes within a dwelling-house:

(a)  by the permanent residents of the dwelling-house, and

(b)  on a short term basis,

where not more than 10 people occupy the dwelling-house, including the permanent residents.

boarding house means a building or place:

(a)  where accommodation and meals are provided, for payment, to the residents of the building or place, and

(b)  which is not licensed to sell liquor within the meaning of the Liquor Act 1982,

but does not include a dwelling-house used to provide bed and breakfast, a motel or a serviced apartment.

brothel means premises habitually used for the purpose of prostitution. Premises may constitute a brothel even though used by only one prostitute for the purposes of prostitution.

Building Code of Australia has the same meaning as it has in the Environmental Planning and Assessment Act 1979.

building envelope means the part of a site either occupied or proposed to be occupied by a dwelling.

building line or boundary setback means a line drawn parallel to any property boundary of an allotment.

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

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

(b)  direct vehicular access to the site of the building or place by members of the public for the purpose of loading items into their vehicles after purchase (for example a building or place used for the sale or display of automotive equipment and spares, floor coverings, tiles and paving, garden equipment and furniture, hardware, household fittings and furniture, plants, swimming pools and spas and whitegoods),

but does not include a building or place used for the sale of foodstuffs or clothing or, where the term is used in the general development controls, a building or place defined elsewhere in this Schedule.

bus depot means a building or place used for the servicing, repair and garaging of buses and other vehicles used for the purposes of a bus transport undertaking.

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

business identification sign means a sign:

(a)  that indicates:

(i)  the name of the person, and

(ii)  the business carried on by the person,

at the premises or place at which the sign is displayed, and

(b)  that may include the address of the premises or place and a logo or other symbol that identifies the business,

but that does not include any advertising relating to a person who does not carry on business at the premises or place.

bus station means a building or place used as a terminal for the assembly and dispersal of passengers travelling by bus.

cabana means a covered structure which is often but not always used as a pool side shelter or change room or both.

canopy means an ornamental roof-like covering or projection, which may be for the purpose of providing shade or shelter, either suspended or supported on brackets, corbels or columns, over a door, window, niche or balcony.

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

caravan park means land (such as a camping ground) on which caravans (or caravans and other moveable dwellings) are, or are to be, placed or erected.

carport means a roofed, open or semi-enclosed structure for the sheltering of motor vehicles, attached to, adjacent to, or near a dwelling-house.

cemetery means a building or place used for the disposal or processing of dead human beings or animals, and includes a crematorium and burial ground.

child care centre means a building or place which is used (whether or not for profit) for the purpose of educating, minding or caring for children (whether or not any of the children are related to the owner or operator), but only if the following conditions are satisfied:

(a)  the children number 6 or more, are under 6 years of age, and do not attend a government school, or a registered non-government school, within the meaning of the Education Reform Act 1990, and

(b)  the building or place does not provide residential care for any of the children (other than those related to the owner or operator).

cladding means the outer non-load bearing covering of external walls or roof of a framed building or structure, applied for weather-proofing or decorative purposes or both.

clearing means the removal of any vegetation.

club means a building used by persons associated, or by a body incorporated, for social, literary, political, sporting, athletic, recreational or other lawful purposes, whether or not the whole or part of such building is the premises of a club registered under the Registered Clubs Act 1976.

cluster housing means a group of buildings each containing no more than 2 dwellings.

commercial premises means a building or place used as an office or for other business or commercial purposes, but (in the general development controls) does not include a building or place elsewhere defined in this Schedule.

community facility means a building or place owned or controlled by a public authority, including the Council or a body of persons which may provide for the physical, social, cultural or intellectual development or welfare of the local community, but (in the general development controls) does not include a building or place elsewhere defined in this Schedule.

community land means public land classified or reclassified as community land within the meaning of the Local Government Act 1993.

complying development has the same meaning as it has in the Environmental Planning and Assessment Act 1979.

contaminate has the same meaning as it has in the Contaminated Land Management Act 1997.

contamination has the same meaning as it has in the Contaminated Land Management Act 1997.

convenience store means a shop with a gross floor area of not more than 240 square metres selling a variety of small consumer goods, whether or not other goods are available for sale or hire at the shop.

Council means the Council of the City of Queanbeyan.

cubby house means a small scale replica of a dwelling-house, usually of simple construction and located in the backyard or courtyard, which is used primarily by children for the purposes of play.

deck means a horizontal platform which may or may not be roofed and, usually at or slightly above ground level, attached to, or forming part of, a building.

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

depot means a building or place used for the storage or repair (but not sale) of plant, machinery, goods or materials used or intended to be used by the owner or occupier of the building or place, but (in the general development controls) does not include a building or place elsewhere defined in this Schedule.

development has the same meaning as it has in the Environmental Planning and Assessment Act 1979.

driveway means a defined area within a property used by vehicles travelling between a carriageway and a property adjacent to or near a road.

dual occupancy housing means housing consisting of 2 dwellings only (whether or not attached) on one allotment of land.

dwelling means a room or suite of rooms occupied or used or so constructed or adapted as to be capable of being occupied or used as a separate domicile.

dwelling-house means a dwelling which is the only dwelling erected on an allotment of land.

ecologically sustainable development means development which uses, conserves and enhances the community’s resources so that ecological processes, on which life depends, are maintained, and the total quality of life, now and in the future, can be increased.

educational establishment means a building or place used for education (including teaching) and includes:

(a)  a school, and

(b)  a tertiary institution, being a university, a TAFE college (within the meaning of the Technical and Further Education Commission Act 1990), teachers college, technical college or other tertiary college providing formal education which is constituted by or under an Act, and

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

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

environment has the same meaning as it has in the Environmental Planning and Assessment Act 1979.

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

(a)  a sports stadium, showgrounds, race courses and the like, and

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

excavation or filling means works which alter the ground level.

exempt development has the same meaning as it has in the Environmental Planning and Assessment Act 1979.

exhibition home means a dwelling-house or dwelling used temporarily for display purposes.

extractive industry means:

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

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

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

fast food take-away restaurantmeans a building or place (including a take-away restaurant, drive-in take-away restaurant or the like) where food or drink is prepared or offered for sale, whether or not the food or drink is consumed in that building or place or elsewhere, but, where the term is used in the general development controls, does not include a building or place specifically defined elsewhere in this Schedule.

flood prone land means land that would be inundated by the 1 in 100 year flood as shown on the map.

floodway means land, whether or not aligned with obvious naturally defined channels, over which there is a significant passage of water during flood events.

floor means the space within a building between one floor level and the floor level next above or, if there is no floor above, the ceiling or roof above.

floor space ratio of a site means the ratio of the gross floor area of any building or buildings on the site to the area of the site.

garden shed means a small building, usually of metal or timber construction, for the storage of garden implements and the like.

gazebo means a structure, usually roofed, and used for outdoor activities or entertaining, particularly during warm weather.

greenhouse means a building, usually constructed chiefly of glass or other transparent material, for the cultivation or protection of plants that will not survive in outdoor conditions.

greenhouse effect means the extra warming of the earth due to absorption of the earth’s emitted infra-red radiation by greenhouse gases.

greenhouse gases means the following gases: carbon dioxide, chlorofluorocarbons, methane, nitrous oxide, tropospheric ozone and any other compounds or component the breakdown of which could form any of those gases and lead to ozone depletion.

gross floor area means the sum of the areas of each floor of a building, where the area of each floor is taken to be the area within the outer face of the external enclosing walls as measured at a height of 1,400 millimetres above each floor level, excluding:

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

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

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

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

ground level means the level of a site prior to any development, including any excavation, filling or grading, that has taken place and, where the ground level has been altered after the appointed day, the ground level is taken to be that level of the site as determined by the Council.

group home means a permanent group home or a transitional group home.

hazardous industry means a development for the purposes of an industry which, when the development is in operation and when all measures proposed to reduce or minimise its impact on the locality have been employed, would pose a significant risk, in relation to the locality:

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

(b)  to the biophysical environment.

health consulting rooms means the use in a dwelling-house in a residential area of not more than 2 rooms as surgeries by members of a profession providing health care services.

height means the greatest distance measured vertically from any point of a building, including its roof, to the ground level below that point.

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

heritage conservation area means an area shown edged heavy black on sheet 1 or 2 of the heritage items and heritage conservation area map in Schedule 4.

heritage item means a building work, relic, tree or place that is on or within land identified or described in the Table to clause 56 and shown coloured black on the heritage items and heritage conservation area map in Schedule 4.

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

high technology industry means an enterprise which has as its primary function the manufacture, development, production, processing or assembly of, or research into, any of the following:

(a)  electronic and micro-electronic systems, goods and components,

(b)  computer software and hardware,

(c)  instrumentation and instruments,

(d)  biological, pharmaceutical, medical or paramedical systems, goods and components, and

(e)  other goods, systems and components intended for use in science, technology or industry.

home activity means any activity or pursuit carried out in a room or a number of rooms forming part of, or within the curtilage of, a dwelling-house on an allotment, or in another building for which consent has been granted situated on the allotment, where:

(a)  only goods made or produced, or services offered, as a result of the activity or pursuit are displayed, sold or provided, and

(b)  the primary use of the dwelling is residential, and

(c)  the activity or pursuit does not:

(i)  interfere with the amenity of the locality by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products or grit, oil or otherwise, or

(ii)  involve exposure to view from any public place of any matter, or

(iii)  require the provision of any essential service main of a greater capacity than that available in the locality, or

(iv)  generate traffic out of keeping with the surrounding area, or

(v)  involve the employment of more than 1 person other than the permanent residents of the dwelling-house, or

(vi)  involve the exhibition of any notice, advertisement or sign other than a notice or sign exhibited on the dwelling-house, or on land on which the dwelling-house is erected, to indicate the names and occupations of the permanent residents of the dwelling-house, or

(vii)  involve a change in the appearance of the dwelling-house, or the land on which the dwelling-house is erected, that is, in the opinion of the Council, out of character with the appearance of the adjoining area, or

(viii)  involve prostitution, and

(d)  provision is made for the parking of all visiting customers’ or clients’ vehicles to the Council’s requirements behind the building line or a suitably screened area within the allotment boundary, and

(e)  any retail sales are ancillary to the home activity.

home based child minding service means any service:

(a)  that is provided by a person for the purpose of educating, minding or caring for (but without providing residential care for) not more than 5 children under the age of 15 (excluding those children normally residing within the dwelling), and

(b)  that is provided with or without fee, gain or reward at the premises where the person providing the service resides, and

(c)  that is required to be licensed under the Children (Care and Protection) Act 1987.

home occupation means any occupation or pursuit carried out in a room or a number of rooms forming part of, or within the curtilage of, a dwelling-house on an allotment, or in another building for which consent has been granted situated on the same allotment as a dwelling-house, where:

(a)  only goods made or produced, or services offered, as a result of the occupation or pursuit are displayed, sold or provided, and

(b)  the primary use of the dwelling is residential, and

(c)  the gross floor area where the occupation or pursuit is carried out does not exceed 30 square metres, and

(d)  the occupation or pursuit does not:

(i)  interfere with the amenity of the locality by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, or otherwise, or

(ii)  involve exposure to view from any public place of any matter, or

(iii)  require the provision of any essential service main of a greater capacity than that available in the locality, or

(iv)  involve the exhibition of an advertising structure and the display of an advertisement on it or an advertisement that is not an advertising structure other than as exempt development, or

(v)  involve a change in the appearance of the dwelling-house, or the land on which the dwelling-house is erected, that is, in the opinion of the Council, out of character with the appearance of the adjoining area, or

(vi)  involve prostitution, and

(e)  any retail sales are ancillary to the occupation or pursuit.

hospital means a building or place used for the purpose of providing professional health services to people admitted as in-patients, whether or not out-patients are also cared for or treated at the building or place, and includes:

(a)  ancillary facilities for the accommodation of nurses or other health care workers, ancillary convenience shops and ancillary accommodation for persons receiving health care or their visitors, and

(b)  facilities situated in the building or at the place and used for educational or research purposes, whether or not they are used only by hospital staff or health care workers, and whether or not any such use is a commercial use.

hostel means a hostel housing aged persons or disabled persons where cooking and dining, laundering, cleaning and other facilities are provided on a shared basis and where a person having nursing or social work experience or other similar experience provides services for and maintains the residence on a full-time basis.

hotel means the premises to which a hotelier’s licence granted under the Liquor Act 1982 relates, but does not include a tavern.

housing for aged or disabled persons means residential accommodation which may take any building form, which is or is intended to be used permanently as housing for the accommodation of aged persons or disabled persons and which may consist of hostels or a grouping of 2 or more self-contained dwellings, or a combination of both, and which includes 1 or more of the following facilities provided for use in connection with that accommodation:

(a)  accommodation for staff employed in connection with that accommodation,

(b)  chapels,

(c)  medical consulting rooms,

(d)  meeting rooms,

(e)  recreational facilities,

(f)  shops,

(g)  therapy rooms,

(h)  any other facilities for the use or benefit of aged persons or disabled persons.

industry means:

(a)  any manufacturing process within the meaning of the Factories, Shops and Industries Act 1962, or

(b)  the breaking up or dismantling of any goods or any article for trade or sale or gain or as development ancillary to carrying on any business.

institution means a penal or reformative establishment.

integrated housing means:

(a)  the subdivision of land into 5 or more allotments, each with an area of not less than 450 square metres, and

(b)  the erection of a dwelling-house on each of the allotments created by that subdivision, each of which may have a “zero side boundary setback” nominated by the Council which allows an external wall to be built up to that boundary.

land has the same meaning as it has in the Environmental Planning and Assessment Act 1979.

landscaped area means the part of an allotment not occupied by a building or used or proposed to be used for driveways, parking areas or drying yards and which is predominantly planted with trees, shrubs, grasses and the like.

laundromat means a place or building containing coin operated washing machines, spin dryers and hot air dryers available for public use.

light industry means an industry in which the processes carried on, or the transportation involved or the machinery or materials used, does not interfere unreasonably with the amenity of the neighbourhood.

manufactured home means a self-contained dwelling (that is, a dwelling that includes at least one kitchen, bathroom, bedroom and living area and that also includes toilet and laundry facilities), being a dwelling:

(a)  that comprises one or more major sections, and

(b)  that is not capable of being registered under the Traffic Act 1909,

and includes any associated structures that form part of the dwelling.

manufactured home estate means land on which manufactured homes are, or are to be, erected.

materials recycling yard means a building or place used for collecting, dismantling, storing, abandoning or recycling of second-hand or scrap materials for the purpose of resale.

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

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

mixed use building means a building containing commercial or retail uses on the ground floor and which contains dwellings on the floor or floors above the ground floor.

motel means premises, not being a hotel, dwelling-house providing bed and breakfast, boarding house or serviced apartment, used for the temporary or short-term accommodation of travellers and which may include an ancillary restaurant.

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

moveable dwelling means:

(a)  any tent, or any caravan or other van or other portable device (whether on wheels or not), used for human habitation, or

(b)  a manufactured home, or

(c)  any conveyance, structure or thing of a class or description prescribed by the regulations under the Local Government Act 1993 for the purposes of the definition of moveable dwelling in that Act.

multi-dwelling housing means residential housing which comprises more than one dwelling and includes integrated housing.

native vegetation has the same meaning as it has in the Native Vegetation Conservation Act 1997.

natural areas means those areas of the City of Queanbeyan retaining predominantly endemic native vegetation and providing habitat or corridor functions (or both) for native flora and fauna species.

natural heritage means natural values that are recognised or have the potential to be recognised at the local, regional, State or national level.

natural values means the individual endemic components or groups of endemic components that together make a natural area.

offensive industry means a development for the purposes of an industry which, when the development is in operation and when all measures proposed to reduce or minimise its impact on the locality have been employed, would emit a polluting discharge in a manner which would have a significant adverse impact in the locality or on the existing or likely future development of other land in the locality.

offensive storage establishment means any establishment where goods, materials or products are stored which, when in operation and when all measures proposed to reduce or minimise its impact on the locality have been employed, would emit a polluting discharge in a manner which would have a significant adverse impact in the locality or on the existing or likely future development on other land in the locality.

operational land means public land classified or reclassified as operational land within the meaning of the Local Government Act 1993.

paintball establishment means a building or place used for the purpose of providing facilities for recreational field games such as paintball, skirmish or the like.

panel beating workshop means a building or place used for the purpose of carrying out repairs to motor vehicles and agricultural machinery, where the work involved includes:

(a)  body building, and

(b)  panel beating (which may or may not involve dismantling), and

(c)  spray painting.

parking space means a defined and unobstructed area accessible to and, in the opinion of the Council, suitable for the parking of motor vehicles.

patio means a ground level, unroofed paved area, surrounded by portions of a dwelling or building, and forming part of the living area.

pergola means an open-roofed framework over a path, terrace or patio, supported on posts or columns, and sometimes covered with plants trained over members.

permanent group home means a dwelling:

(a)  used to provide a household environment for disabled persons or socially disadvantaged persons, whether those persons are related or not, and

(b)  occupied by the persons referred to in paragraph (a) as a single household, either with or without paid or unpaid supervision or care and with or without payment for board and lodging being required,

but does not include a building to which State Environmental Planning Policy No 5—Housing for Older People or People with a Disability applies or a transitional group home.

place of worship means a church, chapel or other place of public worship or religious instruction or place used for the purpose of religious training.

plant and equipment hire establishment means a building or place where plant and equipment are stored, displayed and hired or leased to persons for temporary use, but does not include premises used for the purpose of hiring home entertainment equipment, such as stereo sound systems, televisions, video cassette recorders, video tapes and the like.

playground equipment means equipment such as swings and slides, designed primarily for use by children for the purposes of play.

pollution means any one of the following:

(a)  air pollution,

(b)  pollution of waters within the meaning of the Clean Waters Act 1970,

(c)  the emission of offensive noise as defined in section 4 (1) of the Noise Control Act 1975,

(d)  pollution of any other kind, being pollution affecting any part of the environment and however caused.

potential archaeological site means a site identified as such in the Table to clause 56 and includes a site known to the consent authority to have archaeological potential even if it is not so identified.

potentially hazardous industry means a development for the purposes of an industry which, if the development were to operate without employing any measures to reduce or minimise its impact in the locality or on the existing or likely future development on other land, would emit a polluting discharge in a manner which would have a significant adverse impact in the locality or on the existing or likely future development on other land, and includes an offensive industry and an offensive storage establishment.

prostitution means sexual acts or sexual services engaged in for payment or other gain.

public building means a building or place used to carry on a business of, or as an office by, a public authority or an organisation established for public purposes.

real estate exhibition sign means a free standing advertising structure, and the display of an advertisement on it, on a public footway, where the structure or advertisement:

(a)  has dimensions of not more than 750 millimetres in height or 600 millimetres in width, and

(b)  only contains a direction to the location of a property for sale, auction or lease, or of an exhibition home.

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

(a)  in the case of a free standing advertising structure and the display on it in respect of residential or rural premises relating to letting, sale by private treaty or sale by auction:

(i)  does not exceed 2.5 square metres in area, and

(ii)  has returns not exceeding 180 millimetres, and

(b)  in the case of a free standing advertising structure and the display of an advertisement on it in respect of commercial and industrial premises, does not exceed 4.5 square metres in area, and

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

reception centre means a building or place used mainly for group functions such as weddings and the like and where meals are served for gain.

recreation facility means a building or place used for sporting activities, recreation or leisure activities, whether or not operated for the purpose of gain, but (in the general development controls) does not include a building or place elsewhere defined in this Schedule.

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

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

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

renovation in relation to a building or work, means:

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

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

residential flat building means a building containing 3 or more dwellings which does not include a lift, but which includes a townhouse or a villa.

restaurant means a building or place, the principal purpose of which is the provision of food to people for consumption on the premises and includes a cafe, bistro or tea-room but (in the general development controls) does not include a building or place elsewhere defined in this Schedule.

restricted premises means premises where:

(a)  publications classified as Category 1 restricted, Category 2 restricted or RC (Refused Classification) under the Classification (Publications, Films and Computer Games) Act 1995 of the Commonwealth are shown, exhibited, displayed, sold or otherwise rendered accessible to the public, or

(b)  a business to which section 578E of the Crimes Act 1900 applies is conducted,

but does not include a newsagency or pharmacy.

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

road includes:

(a)  highway, street, lane, pathway, footpath, cycleway, thoroughfare, bridge, culvert, causeway, road-ferry, ford, crossing, bypass and trackway, whether temporary or permanent, and

(b)  any part of any thing referred to in paragraph (a).

road reserve means the part of a road which is not used or only occasionally used by motor vehicles registered under the Traffic Act 1909.

roadside stall means a place or temporary structure used for selling of agricultural produce from the same or an adjacent allotment of land.

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

rural industry means the handling, treating, processing or packaging of primary products and includes the servicing in a workshop of plant or equipment used for rural purposes in the locality.

scenic protection area means land shown as such on the map.

serviced apartments means a building containing 2 or more dwellings which are cleaned and otherwise serviced or maintained by the owner or manager of the building or the owner’s or manager’s agent.

service station means a building or place primarily used for the fuelling of motor vehicles involving the sale by retail of petrol, oil or other petroleum products, and which may also be used for one or more of the following:

(a)  the hiring of trailers,

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

(c)  the washing and greasing of motor vehicles,

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

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

shop means a building or place used for the purpose of selling items (whether goods or materials) whether by retail or auction, for hiring items or for displaying items for the purpose of selling or hiring them, but, where the term is used in the general development controls, does not include a building or place specifically defined elsewhere in this Schedule.

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

site coverage means the part of the site on which buildings are situated. For the purpose of this definition, buildings include tennis courts, swimming pools, drying yards, hard surface recreation areas, garbage collection and handling spaces and paved areas, such as driveways.

soil means the loose material which forms the upper layer of the mantle of the earth.

statutory fire safety measure has the same meaning as it has in the Environmental Planning and Assessment Regulation 1994.

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

storey means:

(a)  the space between two floors, or

(b)  the space between any floor and its ceiling or roof above, or

(c)  building foundation areas, garages, workshops, storerooms and the like, where the height between ground level and the floor above is 1.5 metres or more.

A storey which exceeds 4.5 metres is counted as two storeys.

subdivision has the same meaning as it has in the Environmental Planning and Assessment Act 1979.

surgery means a room used by a member or members of a health care profession to practise that profession.

tavern means any premises specified in a hotelier’s licence endorsed as a tavern granted under the Liquor Act 1982, which do not provide accommodation.

temporary sign means an advertisement of a temporary nature which:

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

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

(c)  is displayed for a period of not more than 28 days.

the map means the sheets of the maps marked “Queanbeyan Local Environmental Plan 1998” kept in the offices of Queanbeyan City Council as amended by the maps (or by the specified sheets of the maps) so kept and marked as follows:

Editorial note—

The amending maps are not necessarily listed in the order of gazettal. Information about the order of gazettal can be determined by referring to the Historical notes at the end of the plan.

Queanbeyan Local Environmental Plan 1998 (Amendment No 1)

Queanbeyan Local Environmental Plan 1998 (Amendment No 2)

Queanbeyan Local Environmental Plan 1998 (Amendment No 3)

Queanbeyan Local Environmental Plan 1998 (Amendment No 4)

Queanbeyan Local Environmental Plan 1998 (Amendment No 5)

Queanbeyan Local Environmental Plan 1998 (Amendment No 7)

Queanbeyan Local Environmental Plan 1998 (Amendment No 8)

Queanbeyan Local Environmental Plan 1998 (Amendment No 10)

Queanbeyan Local Environmental Plan 1998 (Amendment No 11)

Queanbeyan Local Environmental Plan 1998 (Amendment No 14)

Queanbeyan Local Environmental Plan 1998 (Amendment No 18)

Queanbeyan Local Environmental Plan 1998 (Amendment No 19)

Queanbeyan Local Environmental Plan 1998 (Amendment No 21)

Queanbeyan Local Environmental Plan 1998 (Amendment No 22)

Queanbeyan Local Environmental Plan 1998 (Amendment No 23)

Queanbeyan Local Environmental Plan 1998 (Amendment No 30)

Queanbeyan Local Environmental Plan 1998 (Amendment No 31)

Queanbeyan Local Environmental Plan 1998 (Amendment No 35)

Queanbeyan Local Environmental Plan 1998 (Amendment No 42)

tourist facilities means an establishment providing short term holiday accommodation and recreation, and may include hotels, motels, bed and breakfasts, serviced apartments, holiday cabins, caravan parks, camping grounds or houseboats, and associated swimming pools, golf courses, tennis courts and ancillary restaurants and souvenir shops.

townhouse means a dwelling within a 2 storey building containing 2 or more dwellings, where each dwelling has, within its curtilage, pedestrian access and open space at ground level for the exclusive use of the occupants of the dwelling.

transitional group home means a dwelling:

(a)  used to provide temporary accommodation, for the purposes of relief or rehabilitation, for disabled persons or socially disadvantaged persons, whether those persons are related or not, and

(b)  occupied by the persons referred to in paragraph (a) as a single household, either with or without paid or unpaid supervision or care and with or without payment for board and lodging being required,

but does not include a building to which State Environmental Planning Policy No 5—Housing for Older People or People with a Disability applies.

transport depot means a building or place used for the parking or storage of motor powered or motor drawn vehicles used in connection with a passenger transport undertaking, business, industry or shop and includes a bus depot or a road transport terminal.

utility installation means a building or work used for a utility undertaking.

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

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

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

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

(d)  telecommunications facilities.

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

villa means a dwelling within a single storey building containing two or more dwellings, where each dwelling has, within the curtilage, pedestrian access and open space at ground level for the exclusive use of the occupants of the dwelling.

warehouse or distribution centre means a building or place primarily used for storing, handling or displaying items (whether goods or materials) which have been produced or manufactured for sale, other than retail sale to the public from the warehouse or distribution centre.

waste has the same meaning as it has in the Local Government Act 1993.

waters means the whole or any part of:

(a)  any river, stream, lake, lagoon, swamp, wetlands, unconfined surface water, natural or artificial watercourse, dam or tidal waters (including the sea), or

(b)  any water stored in artificial works, any water in water mains, water pipes or water channels, or any underground or artesian water.

zone means a classification of land shown on the map.

Schedule 2 Special Sites Map

(Clauses 17 and 26)

Sheet 1

Sheet 2

Schedule 3 Subdivision Control Map

(Clause 18)

Sheet 1

sch 3: Am 1.2.2002.

Schedule 4 Heritage Items and Heritage Conservation Area Map

(Schedule 1)

Sheet 1

Sheet 2

Sheet 3

Sheet 4

Schedule 5 Classification and reclassification of public land as community land

(Clause 82)

sch 5: Ins 8.6.2001.

Schedule 6 Classification and reclassification of public land as operational land

(Clause 83)

Part 1 Land classified, or reclassified, before the application of amendments made to s 30 of LGA 1993

Part of 1 Southbar Road, being part of Lot 548, DP 259942, as shown edged heavy black on the map marked “Queanbeyan Local Environmental Plan 1998 (Amendment No 3)”.

2 Southbar Road, being Lots 514–518, DP 244051.

Part 2 Interests not changed

5 Erin Street, Queanbeyan, being Lot 3, DP 717706, 155A Crawford Street, Queanbeyan, being Lot 1, DP 714419, 151A Crawford Street, Queanbeyan, being Lot 12, DP 715626, 151B Crawford Street, Queanbeyan, being Lot 2, DP 724766, 16 Morisset Street, Queanbeyan, being Lot 2, DP 702120, 26 Morisset Street, Queanbeyan, being Lot 3, DP 556476, Lot 22, DP 575063, Lot 62, DP 630941, Lot 52, DP 630944, Lot 22, DP 713562, Lot 12, DP 606914, Lot 201, DP 601279, 251 Crawford Street, Queanbeyan, being Lot 1, DP 873175, 50 Lowe Street, Queanbeyan, being Lot 22, DP 550226, Lots 1 & 2, DP 856523, Lot 1, DP 748338, Lots 1 & 2, DP 806157, 9G Morisset Street, Queanbeyan, being Lot 22, DP 544753, Lot 24, DP 545522, Lot A, DP 371908, Lot 2, DP 239955, Lot 142, DP 540498, Part Lot 13 & Part Lot 8 Sec 24, DP 758862, Lot 13, DP 544916, Lot 15, DP 543424, Lot 9, DP 530627, Lot 3, DP 239955, Lot 19, DP 544636, Lot 11, DP 543425, Lots 5 & 9, DP 239955, Lot 26, DP 544107, 24A Rutledge Street, Queanbeyan, being Part Lot 5 & Part Lot 1, DP 241551, Part Lot 51, DP 615125, Part Lot 2, DP 1007933, Lot 1, DP 1007933 and 24 Rutledge Street, Queanbeyan, being Lots 41 & 42, DP 615038, as shown edged heavy black on the map marked “Queanbeyan Local Environmental Plan 1998 (Amendment No 22)” deposited in the office of the Council.

Land bounded by Morisset, Collett, Antill and Carinya Streets, Queanbeyan, as shown edged heavy black and lettered “5 (a) Carpark” on the map marked “Queanbeyan Local Environmental Plan 1998 (Amendment No 30)”.

Part 3 Interests changed

Column 1	Column 2	Column 3
Locality	Description	Trusts etc not discharged
Queanbeyan
No 12 Cassia Crescent, and two laneways leading from the land to Grevillea Place and Cameron Road, respectively.	Lot 118, DP 239180, and two laneways, as shown edged heavy black on the map marked “Queanbeyan Local Environmental Plan 1998 (Amendment No 19”—Queanbeyan Local Environmental Plan 1998 (Amendment No 19).	Nil

sch 6: Ins 8.6.2001. Am 27.7.2001; 12.10.2001; 22.11.2002.