Blacktown Local Environmental Plan 1988

Part 1 Preliminary

1 Name of plan

This plan may be cited as Blacktown Local Environmental Plan 1988.

2 Aims, objectives etc

(1)  The aims of this plan are:

(a)  to repeal all local planning controls applying to Blacktown and replace them with a single local environmental plan,

(b)  to simplify and modernise the development controls applying to Blacktown,

(c)  to speed up the planning process in Blacktown by placing in the Council’s hands broader responsibility for environmental planning of local significance, and

(d)  to maintain the opportunity for public involvement and participation in environmental planning and assessment by using development control plans to supplement the broad controls in the plan.

(2)  The objectives of this plan are:

(a)  to allow for a variety of rural based activities while maintaining the urban potential of relevant rural land,

(b)  to allow for a variety of residential lifestyles,

(c)  to allow for a variety of business uses while consolidating existing commercial centres,

(d)  to enable a variety of uses in industrial areas while protecting the viability of existing retail centres,

(e)  to prohibit offensive or hazardous industries,

(f)  to ensure space is provided for community services and facilities,

(g)  to ensure space is provided for recreational activities and facilities,

(h)  to ensure land is available to accommodate all required special land uses in the most effective manner, and

(i)  to protect Blacktown’s environmental heritage.

(3)  The strategy by which the aims referred to in subclause (1) and the objectives referred to in subclause (2) are to be achieved is the controlling of the development of land to which this plan applies by reference to land-use zones and the controlling of particular types of development in those zones by reference to controls specified as applying only to those types of development or to a development of a certain type being carried out in those zones.

3 Land to which plan applies

(1)  This plan applies to the whole of the land within the City of Blacktown, as shown edged heavy black on the map.

(2)  This plan does not apply to the land to which State Environmental Planning Policy No 29—Western Sydney Recreation Area or Sydney Regional Environmental Plan No 31—Regional Parklands apply, or to land within the Lot 11 Precinct under State Environmental Planning Policy No 59—Central Western Sydney Economic and Employment Area.

cl 3: Am 20.10.1989; 19.4.1991; 8.6.2001; 2.7.2004.

4 Relationship to other environmental planning instruments

(1)  This plan repeals all environmental planning instruments, other than State environmental planning policies and regional environmental plans, that immediately before the appointed day applied to the land to which this plan applies, but only to the extent to which those instruments applied to the land.

(2)  The provisions of State Environmental Planning Policy No 4—Development Without Consent do not remove the requirement for development consent for dwelling-houses on land within Zone No 2 (b).

5 Model Provisions

The Environmental Planning and Assessment Model Provisions 1980, except for the definitions of advertising structure, advertisement, agriculture, airline terminal, arterial road, bus depot, bus station, car repair station, commercial premises, general store, home industry, home occupation, light industry, major road frontage, map, offensive or hazardous industry, recreation facility, residential flat building, retail plant nursery, road transport terminal, service station, shop, tourist facilities and units for aged persons in clause 4 (1) and clauses 5 (2) and (3), 6–8, 10 (2), 12, 13, 15–23, 26, 28, 30, 31, 32, 33, 34 and 35 (c), are adopted for the purposes of this plan.

cl 5: Am 15.7.1994; 11.4.1997.

6 Interpretation

(1)  In this plan:

advertisement means the use of any space, either of 2 or 3 dimensions, for the display of any symbol, message or other device for promotional purposes or for conveying information, instructions or directions or for like purposes, including any structure supporting the display, or the undertaking, of any work.

agriculture includes the growing of vegetables, flowers and ornamental plants, orcharding and the like or the use of land for any purpose of husbandry (including the keeping and breeding of livestock, poultry or bees).

amusement centre means a building or place in or at which:

(a)  four or more tables are used for playing pool, snooker, billiards or other like games, or

(b)  four or more electrically or mechanically operated amusement devices, such as pinball machines, are played.

animal boarding establishment means a building or place where cats, dogs, horses or other animals are bred, trained, accommodated or nurtured for gain or reward.

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

auction rooms means premises used for the storage and display of goods which are then sold at a public sale by way of competitive bidding.

awning sign means an advertisement attached to the upperside of an awning (other than the fascia or return end).

bed and breakfast establishment means a dwelling-house used by the permanent residents to provide temporary accommodation, which includes breakfast and which may include other meals.

brothel means premises used for the purposes of prostitution by one or more prostitutes.

building line means that part of land adjoining a public road within which a building must not be constructed.

bulky goods retail establishment means a building or place used for the sale by retail or auction, or the hire or display, of any of the following:

(a)  furniture, or

(b)  electrical goods, or

(c)  outdoor products, or

(d)  office supplies, or

(e)  kit homes, or

(f)  floor coverings, or

(g)  automotive parts and accessories, or

(h)  lighting, or

(i)  antiques and second hand goods, or

(j)  kitchen and bathroom showrooms, or

(k)  tiles (floor, ceiling or walls).

business identification sign means an advertisement which, in respect of any place or premises, contains all or any of the following:

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

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

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

(d)  such directions or cautions as are required that relate to the place or premises or any occupation carried on there,

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

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

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

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

caravan park means land used for the purpose of:

(a)  placing moveable dwellings, including tents, caravans, other vans or other portable devices (whether on wheels or not) used for human habitation, for permanent accommodation or for temporary accommodation by tourists and includes a place commonly known as a mobile home park, but does not include a manufactured home estate as defined elsewhere for the purpose of this plan, or

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

Class (followed by numeral/s) means a building classification having the same meaning as that expressed in Part A3 of the Building Code of Australia.

commercial premises means a building or place used as an office, or for other business or commercial purposes, but does not include a building or place used for a purpose elsewhere specifically referred to in this plan.

community facility means a building or place owned by the council and used to provide facilities comprising or relating to any one or more of the following:

(a)  a public library,

(b)  public health and welfare services,

(c)  rest rooms,

(d)  meeting rooms,

(e)  indoor recreation,

(f)  child minding,

(g)  baby health centres,

(h)  public halls,

(i)  exhibition spaces,

(j)  public buildings,

(k)  club rooms,

(l)  refreshment rooms,

(m)  any like land uses,

and includes shops and commercial premises ancillary to, and used in conjunction with, those facilities.

council means the Council of the City of Blacktown.

day care centre means a room or a number of rooms forming part of, attached to or within the curtilage of a dwelling where a caregiving service is provided which caters for up to 7 children under 12 years of age (including the caregiver’s own children), but with a maximum of 5 children under 6 years of age, whether or not the service is arranged through a sponsoring organisation.

detached dual occupancy means a dual occupancy consisting of 2 dwellings that are not attached to each other by a common wall, ceiling, floor, breezeway, carport or any other structure.

detached dwelling-house means a dwelling-house that is not attached to another dwelling-house by a common wall, ceiling, floor, breezeway, carport or any other structure.

drain means any drain used for the carrying off of waters other than sewage.

dual occupancy means 2 dwellings on a single allotment of land, whether or not the dwellings are attached, where:

(a)  the dwellings have the general external appearance, character and scale of a dwelling-house or dwelling-houses, and

(b)  the part of the allotment on which the dwellings are not situated is available for use by the residents of the dwellings.

exhibition home means a dwelling constructed for display purposes to demonstrate aspects of housing form, design, construction, materials and the like, and which may or may not contain ancillary uses such as a site office for use related to house sales.

exhibition village means a group of exhibition homes and other buildings or works for the purpose of promoting house sales, such as sales offices, materials display, home financing, and the like.

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

fin sign means an advertisement erected on or above the canopy of a building.

flood liable land means land which would be inundated as a result of a flood having an annual exceedence probability of 1% as determined in any study adopted by the council.

flush wall sign means an advertisement attached to the wall of a building (other than the transom of a doorway or display window) and projecting no more than 300mm from the wall.

footway means the portion of a road reserve that does not include the part over which a motor vehicle may travel.

garage sale means the sale of personal or household items from residential premises, but only where such items have been used on the subject premises.

group home has the same meaning as in State Environmental Planning Policy No 9—Group Homes.

hardware store means premises used for the warehousing and retailing of materials or equipment used in the building, construction and improvement of buildings or structures and equipment used in property maintenance.

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 (including, for example, measures to isolate the development from existing or likely future development on other land in the locality), would pose a significant risk in relation to the locality:

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

(b)  to the biophysical environment.

hazardous 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 (including, for example, measures to isolate the establishment from existing or likely future development on the other land in the locality), would pose a significant risk in relation to the locality:

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

(b)  to the biophysical environment.

highway service centre means a development which has direct access to a freeway or toll work, or restricted access to a highway, and provides the following services:

(a)  emergency repair facilities of a limited nature (which may include towing facilities),

(b)  parking for motor vehicles,

(c)  restaurant facilities (which are to include fast-food services and may include sit-down facilities),

(d)  the sale of petrol, diesel fuel and other petroleum products,

(e)  toilets,

(f)  car wash facilities, and

(g)  convenience store involving a floor area (including staff amenities, storage, office, machinery rooms, cooler rooms, etc) of not greater than 250 m².

home activity means any activity or pursuit carried on for personal gain in a building or room or a number of rooms forming part of, attached to or within the curtilage of a dwelling where:

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

(b)  the primary use of the dwelling is for residential purposes, 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, grit or oil or otherwise,

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

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

(iv)  involve the employment of more than one non-resident of the dwelling,

(v)  involve the exhibition of any notice, advertisement or sign (other than a notice or sign which would fit within a rectangular figure 1.2 metres in length and 0.6 metres in height and exhibited on that dwelling to indicate the name and occupation of the resident), or

(vi)  generate traffic out of keeping with the surrounding area.

housing for aged or disabled persons has the same meaning as in State Environmental Planning Policy No 5—Housing for Aged or Disabled Persons.

illuminated street sign means an internally illuminated advertisement on a pole or pylon erected on a public road in a commercial area which:

(a)  clearly and prominently identifies the street or road, and

(b)  promotes a local business or activity within the commercial area, and

(c)  complies with the terms and conditions of a current agreement or deed between the Council and another party relating to the display of such signs.

integrated housing means development which consists of:

(a)  the subdivision of land into 5 or more allotments, and

(b)  the erection of a single dwelling-house on each of the allotments created by that subdivision.

integrated housing means development that consists of:

(a)  the subdivision of land into 5 or more allotments, and

(b)  the erection of a single detached dwelling-house on each of the allotments created by that subdivision,

where a single application for consent for the subdivision and other development is submitted.

landscape supply business means the use of a building or place for the storage and sale of a range of raw materials for landscaping purposes.

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

liquor outlet means any licensed premises at which alcoholic beverages are offered for sale by retail and for which the licensee holds an off-licence.

local overland flooding means inundation by local runoff rather than overbank discharge from a stream, river, estuary, lake or dam.

manufactured home means a self contained dwelling (that is, a dwelling that includes at least 1 kitchen, bathroom, bedroom and living area and that also includes toilet and laundry facilities), being a dwelling:

(a)  that comprises 1 or more major sections that are each constructed, and assembled, away from the manufactured home estate and transported to the estate for installation on the estate, 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, installed.

medium density housing means 3 or more dwellings on the same parcel of land where each dwelling has an individual entrance and direct private access to private open space at natural ground level for the exclusive use of the occupants of the dwelling but, in the Table to clause 9, does not include any other form of dwellings elsewhere specifically defined in this plan.

methadone dispensary means premises involved in the administration, storage and supply of methadone to persons registered on a methadone program, whether or not part of the premises is used for another purpose.

minor telecommunications facility means a telecommunications facility that is listed in the Schedule to the Telecommunications (Low-impact Facilities) Determination 1997 of the Commonwealth or a telecommunications facility used for an activity that a carrier may engage in, despite a law of the State, pursuant to the Telecommunications Act 1997 of the Commonwealth.

mixed business means a store trading principally in groceries, smallgoods and associated small items.

mortuary means premises that are used, or intended to be used, for the preparation and storage of bodies of deceased persons pending their interment or cremation and may contain rooms for the conducting of funeral services and includes a funeral parlour.

multi-tenanted industrial development means a building or buildings in which two or more industrial uses are carried on and situated on the same land.

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 (including, for example, measures to isolate the development from existing or likely future development on other land in the locality), would emit a polluting discharge (including, for example, noise) 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.

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 (including, for example, measures to isolate the establishment from existing or likely future development on the land in the locality), would emit a polluting discharge (including, for example, noise) 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.

painted wall sign means an advertisement painted on the external wall of a building.

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

plant nursery means a building or place used for the growing or selling of plants, whether or not landscape supplies are also sold on the premises.

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

potentially hazardous industry means a development for the purposes of an industry which, if the development were to operate without employing any measures (including, for example, isolation from existing or likely future development on other land) to reduce or minimise its impact in the locality or on the existing or likely future development on other land, would pose a significant risk in relation to the locality:

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

(b)  to the biophysical environment,

and includes a hazardous industry and a hazardous storage establishment.

potentially offensive industry means a development for the purposes of an industry which, if the development were to operate without employing any measures (including, for example, isolation from existing or likely future development on other land) 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 (including, for example, noise) 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.

pre-packaged food means food that is received and sold in the same condition without being directly handled or processed on the premises, and includes fruit and vegetables.

produce store means a building or place used for the sale of stockfeeds, grains, seeds, or other similar products used for agricultural or farming purposes.

professional office means a business or profession carried on in a building or room or a number of rooms forming part of, attached to or within the curtilage of a dwelling, involving the employment of a permanent resident of the dwelling and where:

(a)  not more than 4 persons practise or are employed on the premises at any one time, and

(b)  no goods are sold or displayed from the premises.

projecting wall sign means an advertisement attached to the wall of a building (other than the transom of a doorway or display window) and projecting horizontally more than 300mm.

real estate sign means an advertisement in respect of a place or premises to which it is attached which contains only a notice that the place or premises is for sale or letting and is not displayed for more than 14 days after letting or completion of the sale of the premises or place to which the sign relates.

recreation area means:

(a)  a children’s playground,

(b)  a building or place used for sporting activities or sporting facilities,

(c)  a building or place used by the council to provide recreational facilities for the physical, cultural or intellectual welfare of the community, or

(d)  a building or place used for the purposes of enhancing the physical, cultural or intellectual welfare of the community.

residential flat building means a building containing 2 or more dwellings, but does not include any other form of residential development elsewhere specifically defined in this plan.

road means a street, lane, highway, pathway or thoroughfare, including a bridge, culvert, causeway, road-ferry, ford, crossing and the like, on the line of a road through or over a watercourse.

school sign means an advertisement displayed on a school site for a purpose which is unrelated to the use of the site.

service centre means a building or place which adjoins land within the Special Uses (Arterial Road and Arterial Road Widening) Zone or the Special Uses (Local Road and Local Road Widening) Zone, at which the following are provided:

(a)  the sale of petrol, diesel and other petroleum products,

(b)  parking for motor vehicles,

(c)  restaurant facilities (which are to include fast-food services and may include sit-down facilities) involving a total floor area of not greater than 500sq.m,

(d)  toilets, and

(e)  a convenience store (including staff amenities, storage, office, machinery rooms, cooler rooms, etc) of not greater than 250sq.m,

and at which the following may be provided:

(f)  emergency repair facilities of a limited nature (which may include towing facilities and the sale by retail of spare parts and accessories for motor vehicles), and

(g)  car cleaning facilities.

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

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

(b)  washing and greasing of motor vehicles,

(c)  installation of motor vehicle accessories,

(d)  repairing and servicing of motor vehicles (other than repairing and servicing which involves top overhaul of motors, body building, panel beating, spray painting, or suspension, transmission or chassis restoration),

(e)  the sale by retail of grocery items and the like involving a floor area (including staff amenities, storage, office, machinery rooms, cooler rooms, etc) of not more than 250 square metres.

shop means a building or place used for the purposes of selling, hiring, displaying or offering for sale by retail goods, merchandise or materials, but does not include a building or place elsewhere specifically defined in this clause or a building or place used for a purpose elsewhere specifically defined in this clause.

storage yard means a building or place used for the storage of containers, equipment, machinery and the like but does not include a building or place elsewhere specifically defined in this plan.

telecommunications facility means:

(a)  any part of the infrastructure of a telecommunications network (such a network being a system, or series of systems, that carries or is capable of carrying, communications by means of unguided electromagnetic energy), or

(b)  any line, equipment, apparatus, tower, antenna, tunnel, duct, hole, pit or other structure or thing used, or intended for use, in or in connection with a telecommunications network,

but does not include:

(c)  facilities listed in the Schedule to the Telecommunications (Low-impact Facilities) Determination 1997 of the Commonwealth, or

(d)  facilities used for an activity that a carrier may engage in despite a law of a State or Territory pursuant to the Telecommunications Act 1997 of the Commonwealth.

temporary sign means an advertisement which announces a local event, provided that the sign is not displayed earlier than 14 days before the event is to take place, is removed within 7 days of the event and is displayed for an overall period not exceeding 60 days.

the map means the series of maps, certified for the purposes of this plan by the Town Clerk of the council, the title sheet of which is marked “Blacktown Local Environmental Plan 1988”, as amended by the maps 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.

Blacktown Local Environmental Plan 1988 (Amendment No 2)

Blacktown Local Environmental Plan 1988 (Amendment No 4)

Blacktown Local Environmental Plan 1988 (Amendment No 5)

Blacktown Local Environmental Plan 1988 (Amendment No 6)

Blacktown Local Environmental Plan 1988 (Amendment No 7)

Blacktown Local Environmental Plan 1988 (Amendment No 8)

Blacktown Local Environmental Plan 1988 (Amendment No 11)

Blacktown Local Environmental Plan 1988 (Amendment No 12)

Blacktown Local Environmental Plan 1988 (Amendment No 13)

Blacktown Local Environmental Plan 1988 (Amendment No 15)

Blacktown Local Environmental Plan 1988 (Amendment No 16)

Blacktown Local Environmental Plan 1988 (Amendment No 18)

Blacktown Local Environmental Plan 1988 (Amendment No 19)

Blacktown Local Environmental Plan 1988 (Amendment No 21)

Blacktown Local Environmental Plan 1988 (Amendment No 22)

Blacktown Local Environmental Plan 1988 (Amendment No 23)

Blacktown Local Environmental Plan 1988 (Amendment No 24)

Blacktown Local Environmental Plan 1988 (Amendment No 25)

Blacktown Local Environmental Plan 1988 (Amendment No 26)

Blacktown Local Environmental Plan 1988 (Amendment No 30)

Blacktown Local Environmental Plan 1988 (Amendment No 32)

Blacktown Local Environmental Plan 1988 (Amendment No 33)

Blacktown Local Environmental Plan 1988 (Amendment No 35)

Blacktown Local Environmental Plan 1988 (Amendment No 36)

Blacktown Local Environmental Plan 1988 (Amendment No 39)

Blacktown Local Environmental Plan 1988 (Amendment No 40)

Blacktown Local Environmental Plan 1988 (Amendment No 41)

Blacktown Local Environmental Plan 1988 (Amendment No 44)

Blacktown Local Environmental Plan 1988 (Amendment No 45)

Blacktown Local Environmental Plan 1988 (Amendment No 46)

Blacktown Local Environmental Plan 1988 (Amendment No 47)

Blacktown Local Environmental Plan 1988 (Amendment No 51)

Blacktown Local Environmental Plan 1988 (Amendment No 53)

Blacktown Local Environmental Plan 1988 (Amendment No 54)

Blacktown Local Environmental Plan 1988 (Amendment No 55)

Blacktown Local Environmental Plan 1988 (Amendment No 56)

Blacktown Local Environmental Plan 1988 (Amendment No 58)

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Blacktown Local Environmental Plan 1988 (Amendment No 60)

Blacktown Local Environmental Plan 1988 (Amendment No 61)

Blacktown Local Environmental Plan 1988 (Amendment No 62)

Blacktown Local Environmental Plan 1988 (Amendment No 63)

Blacktown Local Environmental Plan 1988 (Amendment No 64)

Blacktown Local Environmental Plan 1988 (Amendment No 66)

Blacktown Local Environmental Plan 1988 (Amendment No 67)

Blacktown Local Environmental Plan 1988 (Amendment No 69)

Blacktown Local Environmental Plan 1988 (Amendment No 70)

Blacktown Local Environmental Plan 1988 (Amendment No 71)

Blacktown Local Environmental Plan 1988 (Amendment No 72)

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Blacktown Local Environmental Plan 1988 (Amendment No 88)

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Blacktown Local Environmental Plan 1988 (Amendment No 91)

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Blacktown Local Environmental Plan 1988 (Amendment No 93)

Blacktown Local Environmental Plan 1988 (Amendment No 94)

Blacktown Local Environmental Plan 1988 (Amendment No 96)

Blacktown Local Environmental Plan 1988 (Amendment No 97)

Blacktown Local Environmental Plan 1988 (Amendment No 99)

Blacktown Local Environmental Plan 1988 (Amendment No 100)

Blacktown Local Environmental Plan 1988 (Amendment No 102)

Blacktown Local Environmental Plan 1988 (Amendment No 108)

Blacktown Local Environmental Plan 1988 (Amendment No 109)

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Blacktown Local Environmental Plan 1988 (Amendment No 124)

Blacktown Local Environmental Plan 1988 (Amendment No 125)

Blacktown Local Environmental Plan 1988 (Amendment No 126)

Blacktown Local Environmental Plan 1988 (Amendment No 127)—Sheets 1–3

Blacktown Local Environmental Plan 1988 (Amendment No 128)

Blacktown Local Environmental Plan 1988 (Amendment No 131)

Blacktown Local Environmental Plan 1988 (Amendment No 134)

Blacktown Local Environmental Plan 1988 (Amendment No 135)

Blacktown Local Environmental Plan 1988 (Amendment No 136)

Blacktown Local Environmental Plan 1988 (Amendment No 137)

Blacktown Local Environmental Plan 1988 (Amendment No 138)

Blacktown Local Environmental Plan 1988 (Amendment No 140)

Blacktown Local Environmental Plan 1988 (Amendment No 144)

Blacktown Local Environmental Plan 1988 (Amendment No 146)

Blacktown Local Environmental Plan 1988 (Amendment No 147)

Blacktown Local Environmental Plan 1988 (Amendment No 148)

Blacktown Local Environmental Plan 1988 (Amendment No 149)

Blacktown Local Environmental Plan 1988 (Amendment No 150)

Blacktown Local Environmental Plan 1988 (Amendment No 151)

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Blacktown Local Environmental Plan 1988 (Amendment No 153)

Blacktown Local Environmental Plan 1988 (Amendment No 155)

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Blacktown Local Environmental Plan 1988 (Amendment No 157)

Blacktown Local Environmental Plan 1988 (Amendment No 159)

Blacktown Local Environmental Plan 1988 (Amendment No 160)

Blacktown Local Environmental Plan 1988 (Amendment No 163)

Blacktown Local Environmental Plan 1988 (Amendment No 164)

Blacktown Local Environmental Plan 1988 (Amendment No 165)

Blacktown Local Environmental Plan 1988 (Amendment No 166)

Blacktown Local Environmental Plan 1988 (Amendment No 167)

Blacktown Local Environmental Plan 1988 (Amendment No 168)

Blacktown Local Environmental Plan 1988 (Amendment No 169)

Blacktown Local Environmental Plan 1988 (Amendment No 170)

Blacktown Local Environmental Plan 1988 (Amendment No 171)

Blacktown Local Environmental Plan 1988 (Amendment No 174)

Blacktown Local Environmental Plan 1988 (Amendment No 177)

Blacktown Local Environmental Plan 1988 (Amendment No 178)

Blacktown Local Environmental Plan 1988 (Amendment No 179)

Blacktown Local Environmental Plan 1988 (Amendment No 181)

Blacktown Local Environmental Plan 1988 (Amendment No 183)

Blacktown Local Environmental Plan 1988 (Amendment No 184)

Blacktown Local Environmental Plan 1988 (Amendment No 185)

Blacktown Local Environmental Plan 1988 (Amendment No 187)

Blacktown Local Environmental Plan 1988 (Amendment No 188)

Blacktown Local Environmental Plan 1988 (Amendment No 189)

Blacktown Local Environmental Plan 1988 (Amendment No 191)

Blacktown Local Environmental Plan 1988 (Amendment No 192)

Blacktown Local Environmental Plan 1988 (Amendment No 193)

Blacktown Local Environmental Plan 1988 (Amendment No 201)

Blacktown Local Environmental Plan 1988 (Amendment No 202)

Blacktown Local Environmental Plan 1988 (Amendment No 203)

Blacktown Local Environmental Plan 1988 (Amendment No 204)

Blacktown Local Environmental Plan 1988 (Amendment No 205)

Blacktown Local Environmental Plan 1988 (Amendment No 208)

Blacktown Local Environmental Plan 1988 (Amendment No 210)

Blacktown Local Environmental Plan 1988 (Amendment No 211)

Blacktown Local Environmental Plan 1988 (Amendment No 212)

Blacktown Local Environmental Plan 1988 (Amendment No 213)

timber yard means a building or place, not being a sawmill, where timber is stored, displayed or offered for sale.

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

tourist facility means an establishment providing for holiday accommodation or recreational facilities, but does not include a building or place elsewhere specifically defined for the purposes of this plan.

tree means a perennial plant not less than 1 metre high with at least one self-supporting woody stem which is a plant of a species, variety or cultivar, any of the members of which, if permitted to grow to maturity, would generally have a height in excess of 3 metres.

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

veterinary establishment means a building or place used for the purposes of the medical or surgical treatment of animals where:

(a)  not more than 6 persons practise or are employed on the premises at any one time, and

(b)  only veterinary supplies associated with the treatment of animals are sold from or displayed at the premises.

virgin excavated natural material or VENM means natural material (such as clay, gravel, sand, soil and rock) that:

(a)  is not mixed with any other type of waste, and

(b)  has been excavated from areas of land that are not contaminated.

window sign means an advertisement attached to or displayed on a shop window.

(2)  The letters and symbols “W.S. & D.” and “P.C.C.” where appearing on the map mean “Water Board purposes” and “Prospect Electricity purposes” respectively.

(3)  In this plan:

(a)  a reference to a map is a reference to a map deposited in the office of the council,

(b)  a reference to land within a zone specified in clause 8 is a reference to land shown on the map in the manner indicated in that clause as the means of identifying land of the zone so specified, and

(c)  a reference to a building or place used for a purpose includes a reference to a building or place intended to be used for that purpose.

(4)  Notes in this Plan do not form part of this Plan.

cl 6: Am 25.1.1990; 9.2.1990; 13.3.1990; 19.4.1991; 28.6.1991; 12.7.1991; 18.10.1991; 29.11.1991; 20.12.1991; 7.2.1992; 21.2.1992; 6.3.1992; 20.3.1992; 3.4.1992; 22.5.1992; 29.5.1992; 26.6.1992; 3.7.1992; 10.7.1992; 31.7.1992; 6.11.1992; 11.12.1992; 18.12.1992; 24.12.1992; 12.2.1993; 12.3.1993; 4.6.1993; 2.7.1993; 17.9.1993; 22.10.1993; 5.11.1993; 26.11.1993; 4.2.1994; 11.2.1994; 10.6.1994; 1.7.1994; 15.7.1994; 16.9.1994; 23.9.1994; 13.1.1995; 27.1.1995; 3.2.1995; 3.3.1995; 17.3.1995; 24.3.1995; 5.5.1995; 2.6.1995; 23.6.1995; 21.7.1995; 25.8.1995; 8.9.1995; 22.9.1995; 3.11.1995; 9.2.1996; 16.2.1996; 23.2.1996; 1.3.1996; 8.3.1996; 7.6.1996; 28.6.1996; 9.8.1996; 27.9.1996; 18.10.1996; 8.11.1996; 15.11.1996; 27.12.1996; 24.1.1997; 14.3.1997; 27.3.1997; 11.4.1997; 2.5.1997; 23.5.1997; 22.8.1997; 28.11.1997; 13.2.1998; 20.2.1998; 13.3.1998; 3.4.1998; 22.5.1998; 17.7.1998; 18.9.1998; 6.11.1998; 24.12.1998; 12.3.1999; 19.3.1999; 1.4.1999; 30.4.1999; 7.5.1999; 6.8.1999; 17.9.1999; 22.10.1999; 3.12.1999; 24.12.1999; 25.2.2000; 3.3.2000; 17.3.2000; 24.3.2000; 2.6.2000; 9.6.2000; 7.7.2000; 11.8.2000; 25.8.2000; 8.9.2000; 27.10.2000; 10.11.2000; 5.1.2001; 25.1.2001; 2.2.2001; 15.6.2001; 6.7.2001; 20.7.2001; 31.8.2001; 28.9.2001; 26.11.2001; 21.12.2001; 1.3.2002; 8.3.2002; 28.3.2002; 26.4.2002; 10.5.2002; 5.7.2002; 26.7.2002; 2.8.2002; 8.11.2002; 7.3.2003; 11.7.2003; 22.8.2003; 5.9.2003; 24.10.2003; 7.11.2003; 20.2.2004; 27.2.2004; 3.9.2004; 25.2.2005; 2005 (181), Sch 1 [1]; 2005 (694), cl 4; 2005 (719), Sch 1 [1]; 2005 (776), Sch 1 [1]; 2006 (45), Sch 1 [1]; 2006 (67), Sch 1 [1]; 2006 (99), cl 4; 2006 (112), cl 4; 2006 (427), cl 4; 2006 (463), Sch 1 [1]; 2006 (464), cl 4; 2006 (465), Sch 1 [1]; 2006 (562), cl 4.

7 Consent authority

The council shall be the consent authority for the purposes of this plan.

Part 2 General restrictions on development of land

8 Zones indicated on the map

For the purposes of this plan, land to which this plan applies shall be within a zone specified hereunder if the land is shown on the map in the manner specified hereunder in relation to that zone.

Zone No 1 (a) (General Rural Zone)—coloured light brown with black edging and lettered 1 (a).

Zone No 1 (b) (Rural Residential Zone)—coloured light brown with black edging and lettered 1 (b).

Zone No 2 (a) (Residential “A” Zone)—coloured light scarlet with black edging and lettered 2 (a).

Zone No 2 (b) (Residential “B” Zone)—coloured light scarlet with black edging and lettered 2 (b).

Zone No 2 (c) (Residential “C” Zone)—coloured light scarlet with black edging and lettered 2 (c).

Zone No 3 (a) (General Business Zone)—coloured blue with black edging and lettered 3 (a).

Zone No 3 (b) (Special Business Zone)—coloured blue with black edging and lettered 3 (b).

Zone No 3 (c) (Entertainment and Tourism Zone)—coloured blue with black edging and lettered 3 (c).

Zone No 4 (a) (General Industrial Zone)—coloured mauve with black edging and lettered 4 (a).

Zone No 4 (b) (Light Industrial Zone)—coloured mauve with black edging and lettered 4 (b).

Zone No 4 (c) (Special Industrial Zone)—coloured mauve with black edging and lettered 4 (c).

Zone No 4 (d) (Huntingwood Industrial Zone)—coloured mauve with black edging and lettered 4 (d).

Zone No 5 (a) (Special Uses—General Zone)—coloured yellow with black edging and lettered 5 (a) and with black lettering denoting the existing or proposed special use on the land.

Zone No 5 (b) (Special Uses—Arterial Road and Arterial Road Widening Zone)—coloured by red and white bands with a black edging and lettered 5 (b).

Zone No 5 (c) (Special Uses—Local Road and Local Road Widening Zone)—coloured grey with black edging and lettered 5 (c).

Zone No 6 (a) (Public Recreation Zone)—coloured green with black edging and lettered 6 (a).

Zone No 6 (b) (Private Recreation Zone)—coloured green with black edging and lettered 6 (b).

Zone No 6 (c) (County Open Space Zone)—coloured green with black edging and lettered 6 (c).

Zone No 6 (d) (Recreation—Environmental Protection Zone)—coloured green with black edging and lettered 6 (d).

cl 8: Am 22.9.1995; 5.9.2003.

9 Zone objectives and development control table

(1)  The objectives of a zone are set out in the Table to this clause under the heading “Objectives of zone” appearing in the matter relating to the zone.

(2)  Except as otherwise provided by this plan, in relation to land within a zone specified in the Table to this clause, the purposes (if any) for which:

(a)  development may be carried out without development consent,

(b)  development may be carried out only with development consent, and

(c)  development is prohibited,

are specified under the headings “Development that does not require consent”, “Development which requires consent” and “Prohibited”, respectively, appearing in the matter relating to the zone.

(2A)  Exempt development may be carried out without development consent in any zone.

(3)  Except as otherwise provided by this plan, the consent authority shall not grant consent to the carrying out of development on land to which this plan applies unless the consent authority is of the opinion that the carrying out of development is generally consistent with one or more of the objectives of the plan and one or more of the objectives of the zone within which the development is proposed to be carried out.

Table

Zone No 1 (a)   (General Rural Zone)

1 Objectives of zone

The objectives are:

(a)  to ensure that actual or potential agriculturally productive land is not withdrawn unnecessarily from production,

(b)  to ensure that development in rural areas is carried out in a manner that minimises risks from natural hazards and does not unreasonably increase demand for public services,

(c)  to provide for urban support functions, and

(d)  to ensure that development within the rural zones does not hinder the proper and orderly development of any future urban lands.

2 Development that does not require consent

Nil.

3 Development which requires consent

Any purpose other than a purpose included in Item 2 or 4 of the matter relating to this zone.

4 Prohibited

Amusement centres; animal boarding establishments where dogs are kept; auction rooms; brothels; boarding houses; bulk stores; bulky goods retail establishments; caravan parks; commercial premises; detached dual occupancies; exhibition homes; exhibition villages; hardware stores; hazardous industries; hazardous storage establishments; highway service centres; industries (other than rural industries or extractive industries); integrated housing; junk yards; liquor outlets; manufactured home estates; medium density housing; methadone dispensaries; mineral sand mines; mines; mixed businesses; mortuaries; motels; motor showrooms; offensive industries; offensive storage establishments; plant and equipment hire establishments; professional offices; refreshment rooms, residential flat buildings; service centres; service stations; shops; storage yards; transport terminals; warehouses.

Zone No 1 (b)   (Rural Residential Zone)

1 Objectives of zone

The objectives are:

(a)  to permit the use of the land for rural residential purposes,

(b)  to maintain the rural character of the land by limiting the residential development of the land to a maximum of 64 rural residential allotments,

(c)  to cater for a variety of rural residential living styles by permitting the subdivision of land into rural residential allotments with an average allotment size of approximately 2 hectares, and a minimum allotment size of 4 000 square metres,

(d)  to limit the use of the land to rural purposes which are compatible with the rural residential nature of the zone,

(e)  to enable the construction of adequate collector and local rural roads to cater for development of the scale envisaged within the zone, and

(f)  to limit the demand of development in the zone on public services by:

(i)  permitting on-site disposal of sewage and domestic drainage, and

(ii)  providing that arrangements satisfactory to the Water Board shall be made to service the development with adequate water supplies.

2 Development that does not require consent

Nil.

3 Development which requires consent

Any purpose other than a purpose included in Item 2 or 4 of the matter relating to this zone.

4 Prohibited

Auction rooms; boarding houses; detached dual occupancies; exhibition homes; exhibition villages; group homes; hospitals; housing for aged or disabled persons; integrated housing; liquor outlets; medium density housing; motels; places of public worship; plant and equipment hire establishments; professional consulting rooms; professional offices; recreation establishments; residential flat buildings; veterinary establishments; purposes listed in Schedule 1.

Zone No 2 (a)   (Residential “A” Zone)

1 Objectives of zone

The objectives are:

(a)  to make general provision to set aside land to be used for the purpose of housing and associated facilities,

(b)  to identify existing residential areas of a predominantly single dwelling character, and to maintain that character by prohibiting residential flat buildings,

(c)  to enable sensitive infill development of other housing types if the infill development is of a bulk, scale and appearance that does not adversely impact on adjoining development or the amenity of the locality,

(d)  to enable development for a variety of housing forms, including townhouses, villas, integrated housing, dual occupancies and the like, if such development does not interfere with the amenity of surrounding residential areas by way of overshadowing, overlooking, or loss of privacy,

(e)  to allow people to carry out a reasonable range of activities from their homes, where such activities are not likely to adversely affect the living environment of neighbours, and

(f)  to allow within the zone a range of non-residential uses which:

(i)  are capable of visual integration with the surrounding environment,

(ii)  either serve the needs of the surrounding population or the needs of the City of Blacktown without conflicting with the basic intent of the zone, and

(iii)  do not place demands on public services beyond the level reasonably required for residential use.

2 Development that does not require consent

Nil.

3 Development which requires consent

Any purpose other than a purpose included in Item 2 or 4 of the matter relating to this zone.

4 Prohibited

Residential flat buildings; purposes listed in Schedule 1.

Zone No 2 (b)   (Residential “B” Zone)

1 Objectives of zone

The objectives are, in addition to the objectives of Zone No 2 (a), to identify locations in existing urban areas with development problems where special consideration will be required before development can be approved, such as existing subdivision in new release areas or areas subject to particular provisions of a development control plan.

2 Development that does not require consent

Nil.

3 Development which requires consent

Any purpose other than a purpose included in Item 2 or 4 of the matter relating to this zone.

4 Prohibited

Residential flat buildings; purposes listed in Schedule 1.

Zone No 2 (c)   (Residential “C” Zone)

1 Objectives of zone

The objectives are:

(a)  to make general provision to set aside land to be used for the purposes of housing and associated facilities,

(b)  to identify areas suitable for residential flat buildings in locations close to the main activity centres of the City of Blacktown,

(c)  to enable redevelopment for medium density housing forms, including townhouses, villas, cluster housing, semi-detached housing and the like, as an alternative form of development to residential flat buildings,

(d)  to allow people to carry out a reasonable range of activities from their homes, where such activities are not likely to adversely affect the living environment of neighbours, and

(e)  to allow within the zone a range of non-residential uses which:

(i)  are capable of visual integration with the surrounding environment,

(ii)  either serve the needs of the surrounding population or the needs of the City of Blacktown without conflicting with the basic intent of the zone, and

(iii)  do not place demands on public services beyond the level reasonably required for residential use.

2 Development that does not require consent

Nil.

3 Development which requires consent

Any purpose other than a purpose included in Item 2 or 4 of the matter relating to this zone.

4 Prohibited

Purposes listed in Schedule 1.

Zone No 3 (a)   (General Business Zone)

1 Objectives of zone

The objectives are:

(a)  to encourage appropriate development which will result in the growth of major foci for accommodating the retail, commercial and social needs of the community,

(b)  to encourage development and expansion of business activities which will contribute to the economic growth of, and the creation of employment opportunities within, the City of Blacktown,

(c)  to encourage a wide range of retail, commercial and recreational facilities in the major business centres of Blacktown,

(d)  to accommodate the establishment of retail, commercial and professional services for local residents in conveniently located business centres within the residential precincts where the scale and type of business development is compatible with the amenity of the surrounding areas, and

(e)  by means of development control plans:

(i)  to ensure that the size and function of both retail and commercial facilities are established within a preferred hierarchy of centres for the City of Blacktown,

(ii)  to set aside specific areas within the zone for the provision of carparking, community uses, civic facilities, recreation areas and the like, and

(iii)  to provide for a program of environmental improvements within each centre with a view towards improving traffic movement and shopper safety and comfort.

2 Development that does not require consent

Nil.

3 Development which requires consent

Any purpose other than a purpose included in Item 2 or 4 of the matter relating to this zone.

4 Prohibited

Amusement centres; brothels; caravan parks; extractive industries; gas holders; generating works; hazardous industries; hazardous storage establishments; industries (other than light industries); institutions; intensive lot feeding of livestock; junk yards; landscape supply businesses; liquid fuel depots; manufactured home estates; methadone dispensaries; mineral sand mines; mines; offensive industries; offensive storage establishments; professional consulting rooms; professional offices; roadside stalls; rural industries; rural worker’s dwellings; sawmills; stock and sale yards; storage yards; timber yards.

Zone No 3 (b)   (Special Business Zone)

1 Objectives of zone

The objectives are:

(a)  to ensure that identified centres are encouraged to grow to a level commensurate with the preferred hierarchy of centres for the City of Blacktown by providing sufficient land to cater for required commercial expansion and ancillary development,

(b)  to support general retail development of land within Zone No 3 (a) in identified centres by providing land adjoining the centres for the purposes of bulky goods retail establishments,

(c)  to support general retail and commercial development of land within Zone No 3 (a) in identified centres by providing land for additional commercial office development in proximity to those centres, and

(d)  to support general retail and commercial development of land within Zone No 3 (a) in identified centres by providing land for uses which service the needs of activities carried on in those centres.

2 Development that does not require consent

Nil.

3 Development which requires consent

Any purpose other than a purpose included in Item 2 or 4 of the matter relating to this zone.

4 Prohibited

Amusement centres; brothels; caravan parks; extractive industries; gas holders; generating works; hazardous industries; hazardous storage establishments; industries (other than light industries); institutions; intensive lot feeding of livestock; junk yards; landscape supply businesses; liquid fuel depots; manufactured home estates; methadone dispensaries; mineral sand mines; mines; offensive industries; offensive storage establishments; professional consulting rooms; professional offices; roadside stalls; rural industries; rural worker’s dwellings; sawmills; shops (other than which service the daily convenience needs of the locality); stock and sale yards; storage yards; timber yards.

Zone No 3 (c)   (Entertainment and Tourism Zone)

1 Objectives of zone

The objectives are:

(a)  to promote entertainment and tourism as major contributors to the diversity and strength of the economy of the City of Blacktown,

(b)  to encourage development of entertainment and tourism facilities (including accommodation, tourist attractions, and recreation and leisure facilities) for residents of, and visitors to, the Sydney Region,

(c)  to encourage the creation of youth employment opportunities,

(d)  to ensure that the development does not impinge upon the effective operation of any existing or proposed communications installation situated on Commonwealth land in the vicinity, and

(e)  to enable boarding houses, commercial premises, dual occupancy, dwelling-houses, medium density housing and shops used in conjunction with and ancillary to entertainment and tourist facilities.

2 Development that does not require consent

Nil.

3 Development which requires consent

Any purpose other than a purpose included in Item 2 or 4 of the matter relating to this zone.

4 Prohibited

Animal boarding establishments; auction rooms; boarding houses; brothels; bulky goods retail establishments; caravan parks; commercial premises (other than liquor outlets); dual occupancy; dwelling-houses; exhibition homes; exhibition villages; extractive industries; gas holders; generating works; group homes; hardware stores; hazardous industries; hazardous storage establishments; home activities; hospitals; housing for aged or disabled persons; industries; institutions; integrated housing; intensive lot feeding of livestock; junk yards; landscape supply businesses; light industries; liquid fuel depots; manufactured home estates; medium density housing; methadone dispensaries; mineral sand mines; mines; motor showrooms; offensive industries; offensive storage establishments; plant and equipment hire establishments; plant nurseries; produce stores; professional consulting rooms; professional offices; residential flat buildings; roadside stalls; rural industries; rural worker’s dwellings; sawmills; shops; stock and sale yards; storage yards; timber yards; transport terminals; veterinary establishments; warehouses.

Zone No 4 (a)   (General Industrial Zone)

1 Objectives of zone

The objectives are:

(a)  to provide areas for accommodating both traditional and modern forms of industrial, warehousing and like development outside areas used or zoned for residential or business purposes and so encourage economic and employment growth in Blacktown,

(b)  to encourage the establishment of new industry and other compatible, large-scale activity in appropriate locations,

(c)  to accommodate large industrial, warehousing and like developments such as auction rooms, plant and equipment hire establishments, timber yards and the like, but to prohibit offensive or hazardous industries,

(d)  to enable development for the purposes of retailing only where it is associated with, and ancillary to, manufacturing purposes on the same land or where it serves the daily convenience needs of the local workforce,

(e)  to enable development for the purposes of commercial offices only where it is associated with, and ancillary to, industrial, warehousing or like purposes on the same land or where it serves the daily convenience needs of the local workforce,

(f)  to ensure permitted development creates areas which are pleasant to work in and are safe and efficient in terms of transportation and land utilisation,

(g)  to enhance and improve the physical environment of the City of Blacktown by minimising disturbances caused by air pollutants, water pollutants, other pollutants and noise pollution, and

(h)  to enable development for the purposes of community facilities such as child care facilities either in association with or independent of other permitted development to serve the needs of the workforce of the area.

2 Development that does not require consent

Nil.

3 Development which requires consent

Any purpose other than a purpose included in Item 2 or 4 of the matter relating to this zone.

4 Prohibited

Amusement centres; boarding houses; bulky goods retail establishments; caravan parks; commercial premises (other than those ancillary to and used in conjunction with a purpose permissible in this zone or which serve the daily convenience needs of the workforce of the industrial area); dual occupancy or dwelling-houses (other than those ancillary to and used in conjunction with a purpose permissible in the zone); exhibition homes; exhibition villages; group homes; hardware stores; hazardous industries; hazardous storage establishments; home activities; hospitals, housing for aged or disabled persons; institutions; integrated housing; intensive lot feeding of livestock; liquor outlets; manufactured home estates; medium density housing; methadone dispensaries; mineral sand mines; mines; mixed businesses; motels; offensive industries; offensive storage establishments; professional consulting rooms; professional offices; recreation establishments; residential flat buildings; roadside stalls; rural industries; rural workers’ dwellings; shops (other than those ancillary to and used in conjunction with manufacturing purposes permissible in this zone or which serve the daily convenience needs of the workforce of the industrial area); tourist facilities.

Zone No 4 (b)   (Light Industrial Zone)

1 Objectives of zone

The objectives are:

(a)  to provide areas for accommodating both traditional and modern forms of light industrial, warehousing and like development (such as auction rooms and plant and equipment hire establishments) outside areas used or zoned for residential, business or general industrial purposes, so as to encourage economic and employment growth in Blacktown,

(b)  to encourage the establishment of new light industry and other activities of a similar type in appropriate locations,

(c)  to provide, where practicable, a transition area between certain land in the general industrial zone and certain land in residential zones by prohibiting development likely to cause disturbances from air pollutants, water pollutants, other pollutants or noise pollution,

(d)  to enable development for the purposes of retailing only where it is associated with, and ancillary to, manufacturing purposes on the same land or where it serves the daily convenience needs of the local workforce,

(e)  to enable development for the purposes of commercial offices only where it is associated with, and ancillary to, light industrial, warehousing or like purposes on the same land or where it serves the daily convenience needs of the local workforce,

(f)  to ensure permitted development creates areas which are pleasant to work in and safe and efficient in terms of transportation and land utilisation, and

(g)  to enable development for the purposes of community facilities such as child care facilities either in association with or independent of other permitted development to serve the needs of the workforce of the area.

2 Development that does not require consent

Nil.

3 Development which requires consent

Any purpose other than a purpose included in Item 2 or 4 of the matter relating to this zone.

4 Prohibited

Amusement centres; boarding houses; bulky goods retail establishments; caravan parks; commercial premises (other than those ancillary to and used in conjunction with a purpose permissible in this zone or which serve the daily convenience needs of the workforce of the industrial area); dual occupancy or dwelling-houses (other than those ancillary to and used in conjunction with a purpose permissible in this zone); exhibition homes; exhibition villages; gasholders; generating works; group homes; hardware stores; hazardous industries; hazardous storage establishments; home activities; hospitals; housing for aged or disabled persons; industries (other than light industries); institutions; integrated housing; intensive lot feeding of livestock; junk yards; liquid fuel depots; liquor outlets; manufactured home estates; medium density housing; methadone dispensaries; mineral sand mines; mines; mixed businesses; motels; offensive industries; offensive storage establishments; professional consulting rooms; professional offices; recreation establishments; residential flat buildings; roadside stalls; rural industries; rural workers’ dwellings; sawmills; shops (other than those ancillary to and used in conjunction with manufacturing purposes permissible in the zone or which serve the daily convenience needs of the workforce of the industrial area); stock and sale yards; tourist facilities.

Zone No 4 (c)   (Special Industrial Zone)

1 Objectives of zone

The objectives are:

(a)  in addition to providing areas for accommodating both traditional and modern forms of light industrial, warehousing and like purposes, to accommodate development for the purposes of bulky goods retail establishments,

(b)  to encourage development of, and accommodate innovation in, the sources of economic growth,

(c)  to prohibit development likely to give rise to disturbances caused by air pollutants, water pollutants, other pollutants or noise pollution,

(d)  to enable development for the purposes of retailing only where it is associated with, and ancillary to, light industrial purposes on the same land or where it serves the daily convenience needs of the local workforce, or is for the purposes of bulky goods retail establishments,

(e)  to enable development for the purposes of commercial offices only where it is associated with, and ancillary to, other permitted uses on the same land or where it serves the daily convenience needs of the local workforce,

(f)  to ensure permitted development creates areas which are pleasant to work in and are safe and efficient in terms of transportation and land utilisation, and

(g)  to enable development for the purposes of community facilities such as child care facilities either in association with or independent of other permitted development to serve the needs of the workforce of the area.

2 Development that does not require consent

Nil.

3 Development which requires consent

Any purpose other than a purpose included in Item 2 or 4 of the matter relating to this zone.

4 Prohibited

Amusement centres: boarding houses; brothels; caravan parks; commercial premises (other than those ancillary to and used in conjunction with a purpose permissible in this zone or which serve the daily convenience needs of the workforce of the industrial area); dual occupancy or dwelling-houses (other than those ancillary to and used in conjunction with a purpose permissible in this zone); exhibition homes; exhibition villages; gasholders; generating works; group homes; hazardous industries; hazardous storage establishments; home activities; hospitals; housing for aged or disabled persons; industries (other than light industries); institutions; integrated housing; intensive lot feeding of livestock; junk yards; landscape supply businesses; liquid fuel depots, liquor outlets; manufactured home estates; medium density housing; methadone dispensaries; mineral sand mines; mines; mixed businesses; motels; offensive industries; offensive storage establishments; produce stores; professional consulting rooms; professional offices; recreation establishments; residential flat buildings; roadside stalls; rural industries; rural workers’ dwellings, sawmills; shops (other than those ancillary to and used in conjunction with manufacturing purposes permissible in this zone or which serve the daily convenience needs of the workforce of the industrial area); stock and sale yards; storage yards; tourist facilities.

Zone No 4 (d)   (Huntingwood Industrial Zone)

1 Objectives of zone

The objectives are:

(a)  to recognise the special character and function of Huntingwood Industrial Estate and provide for a new industrial zone applicable exclusively to the Huntingwood Industrial Estate,

(b)  to ensure that new light industrial development in Huntingwood Industrial Estate is of a high standard and incorporates best practice environmental management techniques,

(c)  to provide an area for modern forms of light industrial, warehousing, manufacturing, research and like development outside areas zoned for residential, business, general industrial, light industrial or special industrial purposes, to facilitate the provision of increased employment opportunities in the City of Blacktown,

(d)  to discourage industrial development which is likely to detract from the amenity of the zone by reason of its appearance, noise, emissions and the like,

(e)  to prohibit hazardous and offensive industries and industries where substantial measures are necessary to mitigate the chances or impacts of environmental damage,

(f)  to enable development for the purposes of retailing only where it is associated with, and ancillary to, manufacturing carried out on the same land or where it serves the daily convenience needs of the local workforce,

(g)  to enable development for the purposes of commercial offices only where it is associated with, and ancillary to, light industrial, warehousing or like use of the same land, or where it serves the daily convenience needs of the local workforce, or where location of the commercial offices in a business zone is not practical by virtue of the nature and scale of the use,

(h)  to enable development for the purposes of community facilities such as child care facilities either in association with or independent of other permitted development to serve the needs of the workforce in the locality,

(i)  to ensure new development enhances the amenity of Huntingwood Industrial Estate by including high quality landscaping, adequate building setbacks, high quality external finishes and the like, and

(j)  to ensure new development in Huntingwood Industrial Estate is of a scale and character compatible with existing development in Huntingwood Industrial Estate.

2 Development that does not require consent

Nil.

3 Development which requires consent

Any purpose other than a purpose included in Item 2 or 4 of the matter relating to this zone.

4 Prohibited

Amusement centres; boarding houses; brothels; bulky goods retail establishments; caravan parks; commercial premises (other than those ancillary to and used in conjunction with a purpose permissible in this zone or which serve the daily convenience needs of the workforce in the industrial area or which are not suited to location in a business zone by virtue of the nature and scale of the use); dual occupancy or dwelling-houses (other than those ancillary to and used in conjunction with a purpose permissible in this zone); exhibition homes; exhibition villages; gasholders; generating works; group homes; hardware stores; hazardous industries; hazardous storage establishments; home activities; hospitals; housing for aged or disabled persons; industries (other than light industries); institutions; integrated housing; intensive lot feeding of livestock; junk yards; landscape supply businesses; liquid fuel depots; liquor outlets; manufactured home estates; medium density housing; methadone dispensaries; mineral sand mines; mines; mixed businesses; motels; multi-tenanted industrial developments; offensive industries; offensive storage establishments; produce stores; professional consulting rooms; professional offices; recreation establishments; residential flat buildings; roadside stalls; rural industries; rural workers’ dwellings; sawmills; shops (other than those ancillary to and used in conjunction with manufacturing purposes permissible in this zone or which serve the daily convenience needs of the workforce in the industrial area); stock and sale yards; storage yards.

Zone No 5 (a)   (Special Uses—General Zone)

1 Objectives of zone

The objectives are:

(a)  to identify land which is currently used by public authorities, organisations and the council to provide certain community facilities and services,

(b)  to identify land reserved for future acquisition by the council for a range of community facilities and services,

(c)  to identify land which has been reserved at the request of certain public authorities for its future acquisition to provide a range of community facilities and services, and

(d)  in relation to land marked “Corridor” on the map:

(i)  to set aside land for the development of certain major long-term services and facilities, and special uses carried out by public authorities in an economic, safe and environmentally sensitive manner, and

(ii)  to allow the identified land to be used for recreational or other purposes where that use does not conflict with the existing or likely future use of the land by public authorities.

2 Development that does not require consent

Nil.

3 Development which requires consent

The particular purpose indicated by black lettering on the map and purposes normally associated with and ancillary to the particular purpose indicated on the map; drains; public utility undertakings; recreation areas; roads; telecommunications facilities; utility installations (other than gas holders or generating works).

4 Prohibited

Any purpose other than a purpose included in Item 3 of the matter relating to this zone.

Zone No 5 (b)   (Special Uses—Arterial Road and Arterial Road Widening Zone)

1 Objective of zone

The objective is to identify land required for existing or proposed arterial roads including the widening of existing arterial roads.

2 Development that does not require consent

Nil.

3 Development which requires consent

Drains; public utility undertakings; telecommunications facilities; utility installations (other than gas holders or generating works).

4 Prohibited

Any purpose other than a purpose included in Item 2 or 3 of the matter relating to this zone.

Zone No 5 (c)   (Special Uses—Local Road and Local Road Widening Zone)

1 Objective of zone

The objective is to identify land required for existing or proposed local roads including the widening of existing local roads.

2 Development that does not require consent

Nil.

3 Development which requires consent

Advertisements (other than advertisements identified as exempt development in Schedule 6); drains; public utility undertakings; roads; telecommunications facilities; utility installations (other than gas holders or generating works).

4 Prohibited

Any purpose other than a purpose included in Item 3 of the matter relating to this zone.

Zone No 6 (a)   (Public Recreation Zone)

1 Objectives of zone

The objectives are:

(a)  to ensure there is provision of adequate local open space areas to meet the needs of all residents and provide opportunities to enhance the total environmental quality of the City of Blacktown,

(b)  to identify land which is now owned by the council or which will either be acquired by the council or dedicated as a condition of development consent or subdivision approval to the council for local open space and public recreational purposes, and

(c)  to identify certain land which is owned by the Crown and under the care, control and management of the council as public open space.

2 Development that does not require consent

Nil.

3 Development which requires consent

Advertisements (other than advertisements identified as exempt development in Schedule 6); agriculture (other than intensive lot feeding of livestock); community facilities; drains; dual occupancy or dwelling-houses ancillary to and used in conjunction with a purpose permissible in this zone; educational establishments; forestry; public utility undertakings; recreation areas; roads; telecommunications facilities; utility installations (other than gas holders or generating works).

4 Prohibited

Any purpose other than a purpose included in Item 2 or 3 of the matter relating to this zone.

Zone No 6 (b)   (Private Recreation Zone)

1 Objective of zone

The objective is to identify land where private recreation and related facilities are or may be provided.

2 Development that does not require consent

Nil.

3 Development which requires consent

Advertisements (other than advertisements identified as exempt development in Schedule 6); agriculture (other than intensive lot feeding of livestock); boarding houses; clubs; community facilities; drains; dual occupancy; dwelling-houses; educational establishments; forestry; group homes; home activities; housing foraged or disabled persons; medium density housing; motels; public utility undertakings; recreation areas; recreation establishments; refreshment rooms; roads; telecommunications facilities; tourist facilities; utility installations (other than gas holders or generating works).

4 Prohibited

Any purpose other than a purpose included in Item 2 or 3 of the matter relating to this zone.

Zone No 6 (c)   (County Open Space Zone)

1 Objective of zone

The objective is to identify land as county open space which provides recreational opportunities for the general community.

2 Development that does not require consent

Nil.

3 Development which requires consent

Advertisements (other than advertisements identified as exempt development in Schedule 6); agriculture (other than intensive lot feeding of livestock); community facilities; drains; dual occupancy or dwelling-houses ancillary to and used in conjunction with a purpose permissible in this zone; educational establishments; forestry; public utility undertakings; recreation areas; roads; telecommunications facilities; utility installations (other than gas holders or generating works).

4 Prohibited

Any purpose other than a purpose included in Item 2 or 3 of the matter relating to this zone.

Zone No 6 (d)   (Recreation—Environmental Protection Zone)

1 Objectives of zone

The objectives are:

(a)  to ensure the protection of environmentally sensitive land in the City of Blacktown, and

(b)  to provide a buffer around areas of natural ecological significance, and

(c)  to encourage the restoration of disturbed bushland areas, and

(d)  to provide for passive recreational activities that are compatible with the land’s environmental constraints.

2 Development that does not require consent

Nil.

3 Development which requires consent

Drains; public utility undertakings; recreation areas; utility installations (other than gas holders or generating works).

4 Prohibited

Any purpose other than a purpose included in Item 2 or 3 of the matter relating to this zone.

cl 9: Am 9.6.2000.

cl 9, table: Am 8.5.1992; 3.7.1992; 24.12.1992; 12.3.1993; 4.6.1993; 22.10.1993; 15.7.1994; 22.9.1995; 18.10.1996; 11.4.1997; 13.2.1998; 20.2.1998; 13.3.1998; 3.4.1998; 24.7.1998; 12.3.1999; 17.3.2000; 24.3.2000; 9.6.2000; 10.11.2000; 31.8.2001; 11.10.2002; 5.9.2003; 8.4.2004; 2006 (465), Sch 1 [2]–[4].

9A Exempt development

Development specified in Schedule 6 is exempt development provided it satisfies all of the applicable criteria, if any, in that Schedule and the development:

(a)  complies with any deemed-to-satisfy provisions of the Building Code of Australia relevant to the development, and

(b)  does not result in a total roofed coverage of the land that exceeds 0.66:1, and

(c)  does not involve the removal, lopping, topping or ringbarking of a tree, and

(d)  does not encroach upon any easement or right-of-way, and

(e)  is carried out at least 1 metre from any easement or public sewer main and complies with the building over sewer requirements of Sydney Water Corporation applying to the land, and

(f)  meets the requirements of the Sydney Water Corporation, including obtaining a certificate of compliance if required, and

(g)  is not on land that contains threatened species, threatened populations or endangered ecological communities or land that is subject to a recovery plan or threat abatement plan under the Threatened Species Conservation Act 1995 or the Fisheries Management Act 1994, and

(h)  does not contravene any condition of a development consent applying to the land, and

(i)  is not on land that is or contains an item of the environmental heritage listed in Schedule 2, and

(j)  is not on land that is:

(i)  dedicated or reserved under the National Parks and Wildlife Act 1974, or

(ii)  dedicated or reserved under the Crown Lands Act 1989 for the preservation of flora, fauna or geological formations or for other environmental protection purposes, or

(iii)  an Aboriginal place, or contains an Aboriginal relic, under the National Parks and Wildlife Act 1974, or

(iv)  subject to an order under the Heritage Act 1977, or

(v)  identified in an environmental planning instrument as a wetland, or within 20 metres of a wetland, or

(vi)  an aquatic reserve declared under the Fisheries Management Act 1994, or

(vii)  flood liable land, or

(viii)  identified as subject to local overland flooding under Blacktown Development Control Plan 1992, or

(ix)  steeper than 33% slope (to the horizontal) within any building footprint, or

(x)  within an area identified as being of high archaeological significance under Blacktown Development Control Plan 1992, or

(xi)  identified as a known archaeological site under Blacktown Development Control Plan 1992, or

(xii)  contaminated, within the meaning of the Contaminated Land Management Act 1997, or

(xiii)  subject to subsidence or slip, or

(xiv)  within 40 metres of a perennial watercourse identified by a 1:50,000 topographic map held by Land and Property Information NSW, or

(xv)  identified as a riverine scenic area under Sydney Regional Environmental Plan No 20—Hawkesbury-Nepean River (No 2—1997), or

(xvi)  identified as bushfire prone on the council’s bushfire prone land map.

Note—

Section 76 (3) of the Environmental Planning and Assessment Act 1979 states that exempt development cannot be carried out on land that is:

(a)  critical habitat (within the meaning of the Threatened Species Conservation Act 1995 or the Fisheries Management Act 1994), or

(b)  within a wilderness area (within the meaning of the Wilderness Act 1987).

Exempt development identified in Schedule 6 to this plan may be carried out without development consent and without any environmental assessment under the Environmental Planning and Assessment Act 1979. The plan does not affect any other requirement for approval or authorisation required under another Act. If any of the applicable criteria for exempt development as listed above and in Schedule 6 cannot be met then that development may only be carried out with the consent of the council.

cll 9A: Ins 9.6.2000. Subst 2006 (465), Sch 1 [5].

9B Complying development

(1)  Development specified in Schedule 7 is complying development if it is local development of a kind that can be carried out with consent on the land on which it is proposed and provided that it satisfies all of the applicable criteria, if any, in that Schedule and the development:

(a)  complies with any deemed-to-satisfy provisions of the Building Code of Australia relevant to the development, and

(b)  does not result in a total roofed coverage of the land that exceeds 0.66:1, and

(c)  does not encroach upon any easement or right-of-way, and

(d)  is not on land that contains threatened species, threatened populations or endangered ecological communities or land that is subject to a recovery plan or threat abatement plan under the Threatened Species Conservation Act 1995 or the Fisheries Management Act 1994, and

(e)  meets the requirements of the Sydney Water Corporation, including obtaining a certificate of compliance if required, and

(f)  has had a BASIX certificate issued in relation to it, if required, and

(g)  does not contravene any condition of a development consent applying to the land, and

Note—

Section 76A (6) of the Environmental Planning and Assessment Act 1979 Act states the following development can not be complying development:

(a)  designated development,

(b)  any development, if consent for it requires the concurrence of a person (other than the consent authority or the Director-General of National Parks and Wildlife as referred to in section 79B (3) of the Environmental Planning and Assessment Act 1979).

(h)  is not on land that is or contains an item of the environmental heritage listed in Schedule 2, and

(i)  is not on land that is:

(i)  dedicated or reserved under the National Parks and Wildlife Act 1974, or

(ii)  dedicated or reserved under the Crown Lands Act 1989 for the preservation of flora, fauna or geological formations or for other environmental protection purposes, or

(iii)  an Aboriginal place, or contains an Aboriginal relic, under the National Parks and Wildlife Act 1974, or

(iv)  subject to an order under the Heritage Act 1977, or

(v)  identified in an environmental planning instrument as a wetland, or within 20 metres of a wetland, or

(vi)  an aquatic reserve declared under the Fisheries Management Act 1994, or

(vii)  flood liable land, or

(viii)  identified as subject to local overland flooding under Blacktown Development Control Plan 1992, or

(ix)  steeper than 33% slope (to the horizontal) within any building footprint, or

(x)  within an area identified as being of high archaeological significance under Blacktown Development Control Plan 1992, or

(xi)  identified as a known archaeological site under Blacktown Development Control Plan 1992, or

(xii)  contaminated, within the meaning of the Contaminated Land Management Act 1997, or

(xiii)  subject to subsidence or slip, or

(xiv)  within 40 metres of a perennial watercourse identified by a 1:50,000 topographic map held by Land and Property Information NSW, or

(xv)  identified as a riverine scenic area under Sydney Regional Environmental Plan No 20—Hawkesbury-Nepean River (No 2—1997), or

(xvi)  within an area marked as clause 12 (3) or clause 12 (4) on the map, or

(xvii)  identified as bushfire prone on the council’s bushfire prone land map.

Note—

Section 76A (6) of the Environmental Planning and Assessment Act 1979 states development cannot be complying development if it is carried out on land:

(a)  that is critical habitat (within the meaning of the Threatened Species Conservation Act 1995 or the Fisheries Management Act 1994), or

(b)  that is within a wilderness area (within the meaning of the Wilderness Act 1997), or

(c)  that comprises, or on which there is, an item of the environmental heritage to which an order under the Heritage Act 1977 applies or that is identified as such an item in an environmental planning instrument, or

(d)  that is identified as an environmentally sensitive area in the environmental planning instrument providing for the complying development.

(2)  A complying development certificate issued for any such development (other than development for the purpose of a bed and breakfast establishment) must include those conditions specified in Schedule 8 that are applicable to that particular type of development the subject of the certificate.

Note—

Complying development identified in Schedule 7 to this plan does not affect any other requirement for approval or authorisation required under another Act. If any of the applicable criteria for the relevant complying development as listed above and in Schedules 7 and 8 cannot be met then that development may only be carried out with the consent of the council.

cll 9B: Ins 9.6.2000. Subst 2006 (465), Sch 1 [5].

Part 3 Special provisions

Division 1 Subdivision of land

10 Subdivision generally

(1)  A person shall not subdivide land to which this plan applies without the consent of the council.

(2)  Land shall not be subdivided unless the boundaries of allotments so created correspond generally with the boundaries, if any, between zones as shown on the map.

(3)  Notwithstanding the provisions of subclause (2), the council may consent to a plan of subdivision whereby the boundaries of allotments so created will not correspond with the boundaries between different zones as shown on the map but which, in the opinion of the council, depart from those boundaries only to a minor extent.

(4)  Where, upon a registration of a plan of subdivision referred to in subclause (3), the boundary between land is determined in a different position from the boundary between different zones indicated on the map, land shall be deemed to be within the appropriate zone as determined by the council.

(5)  The council shall not grant consent to the subdivision of any part of the land to which this plan applies unless the plan of subdivision makes provision for any proposed road on that part of the land shown by parallel broken lines on the map to be opened generally in the locations shown on the map.

10A Subdivision of dual occupancies

(1)  The council must not consent to a subdivision that creates separate land titles for the two dwellings comprising a dual occupancy.

(2)  Despite subclause (1), the council may consent to the subdivision of a corner allotment of land on which a detached dual occupancy is situated within any of the residential zones so as to create separate land titles for each dwelling, if:

(a)  the two dwellings comprising the detached dual occupancy each face different streets, and

(b)  it can be demonstrated that:

(i)  the detached dual occupancy complies with the council’s development requirements under Blacktown Development Control Plan 1992 for detached dual occupancies on corner allotments in the residential zone concerned, and

(ii)  the objectives of the residential zone concerned will not be compromised by the subdivision, and

(c)  the area of each allotment to be created by the subdivision is not less than 300 square metres.

cl 10A: Ins 13.3.1998. Am 11.10.2002.

11 Subdivision in rural zones

(1)  The council may only consent to an application to subdivide land within Zone No 1 (a) if each separate allotment created by the subdivision has an area of not less than 40 hectares.

(2)  Land within Zone No 1 (b) shall not be subdivided unless:

(a)  the average area of all rural residential allotments created by the subdivision is not less than 2 hectares,

(b)  the area of each rural residential allotment created by the subdivision is not less than 4000 square metres, and

(c)  the subdivision will not result in there being more than 64 rural residential allotments within Zone No 1 (b).

Division 2 Residential development

12 Dwellings in rural zones

(1)  In this clause:

parcel, in relation to land, includes an area of adjoining or adjacent land held in the same ownership.

(2)  Subject to subclauses (3)–(5), a dwelling shall not be erected on a parcel of land within Zone No 1 (a) unless the parcel of land has an area of not less than 4 000 square metres.

(3)  Notwithstanding subclause (2), a dwelling shall not be erected on a parcel of land within Zone No 1 (a) and marked “Clause 12 (3)” on the map unless the parcel of land has an area of not less than 10 hectares.

(4)  Notwithstanding subclause (2), a dwelling shall not be erected on a parcel of land within Zone No 1 (a) and marked “Clause 12 (4)” on the map unless the parcel of land has an area of not less than 2 hectares.

(5)  Notwithstanding subclause (2), a dwelling may, with the consent of the council, be erected on each parcel of land within Zone No 1 (a) and marked “Clause 12 (5)” on the map.

(6)  A dwelling shall not be erected on any land within Zone No 1 (b) where that land is:

(a)  within 100 metres of a road constructed to provide access to the extractive industry situated on lot 2, DP 262213, lots 9, 10, 11, 12 and 13, DP 241859, part lot 1, DP 109198, lot W, DP 419612, part lot 1, DP 400697, and lot 11, DP 558723, Minchinbury, or

(b)  in the opinion of the council, significantly affected by noise.

Division 3 Heritage

pt 3, div 3: Subst 12.4.2002.

13 Definitions

In this Division:

conservation management plan means a document prepared in accordance with the NSW Heritage Office that establishes the heritage significance of a heritage item and identifies conservation policies and management mechanisms that are appropriate to enable that significance to be retained.

demolish a heritage item means wholly or partly destroy, dismantle or deface the heritage item.

heritage impact statement means a document consisting of a statement demonstrating the heritage significance of a heritage item, an assessment of the impact that proposed development will have on that significance and proposals for measures to minimise that impact.

heritage item means any building, work, archaeological site, tree or place specified in an inventory of heritage items that is available at the office of the Council and the site of which is described in Schedule 2.

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

maintenance means the ongoing protective care of a heritage item. It does not include alterations, such as carrying out extensions or additions, or the introduction of new materials or technology.

relic means:

(a)  any deposit, object or material evidence (which may consist of human remains) that is more than 50 years old relating to the use or settlement, not being Aboriginal habitation, of the City of Blacktown and that is a fixture or is wholly or partly within the ground, or

(b)  any deposit, object or material (which may consist of human remains) of any age relating to Aboriginal habitation of the City of Blacktown.

cll 13–16: Subst 12.4.2002.

14 Protection of heritage items and relics

(1) When is consent required? The following development may only be carried out with development consent:

(a)  demolishing or moving a heritage item,

(b)  altering a heritage item or relic by making structural or non-structural changes to its exterior, such as to its detail, fabric, finish or appearance,

(c)  altering a heritage item by making structural changes to its interior,

(d)  moving any relic, or excavating land and discovering, exposing or moving a relic,

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

(2) What exceptions are there? Development consent is not required under this clause if:

(a)  in the opinion of the consent authority:

(i)  the proposed development is of a minor nature or consists of maintenance of the heritage item or relic, and

(ii)  the proposed development would not adversely affect the significance of the heritage item, and

(b)  the proponent has notified the consent authority in writing of the proposed development and the consent authority has advised the applicant in writing before any work is carried out that it is satisfied that the proposed development will comply with this subclause and that development consent is not required by this plan.

(3)  Development consent is not required by this clause for the following development in a cemetery or burial ground if there will be no disturbance to human remains, to relics in the form of grave goods:

(a)  the creation of a new grave or monument,

(b)  an excavation or disturbance of land for the purpose of carrying out conservation or repair of monuments or grave markers.

(4) What must be included in assessing a development application? Before granting a consent required by this clause, the consent authority must assess the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item.

(5) What extra documentation is needed? The assessment must include consideration of a heritage impact statement that addresses at least the following issues (but is not to be limited to assessment of those issues, if the heritage significance concerned involves other issues). The consent authority may also decline to grant such a consent until it has considered a conservation management plan, if it considers the development proposed should be assessed with regard to such a plan.

(6)  The minimum number of issues that must be addressed by the heritage impact statement for development that would affect a heritage item are:

(a)  the heritage significance of the item as part of the environmental heritage of the City of Blacktown, and

(b)  the impact that the proposed development will have on the heritage significance of the item and its setting, including any landscape or horticultural features, and

(c)  the measures proposed to conserve the heritage significance of the item and its setting, and

(d)  whether any archaeological site would be adversely affected by the proposed development, and

(e)  the extent to which the carrying out of the proposed development would affect the form of any historic subdivision.

cll 13–16: Subst 12.4.2002.

15 Advertised development

The following development is identified as advertised development:

(a)  the demolition of a heritage item,

(b)  the carrying out of any development allowed by clause 16B.

cll 13–16: Subst 12.4.2002.

16 Notice of demolition to the Heritage Council

Before granting consent for the demolition of a heritage item of State significance, as identified in the State Heritage Register under the Heritage Act 1977, 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.

cll 13–16: Subst 12.4.2002.

16A Development in the vicinity of heritage items

(1)  Before granting consent to development in the vicinity of a heritage item, the consent authority must assess the impact of the proposed development on the heritage significance of the item.

(2)  This clause extends to development:

(a)  that may have an impact on the setting of a heritage item, for example, by affecting a significant view to or from the item or by overshadowing, or

(b)  that may undermine or otherwise cause physical damage to a heritage item, or

(c)  that will otherwise have any adverse impact on the heritage significance of a heritage item.

(3)  The consent authority may refuse to grant any such consent unless it has considered a heritage impact statement that will help it assess the impact of the proposed development on the heritage significance, visual curtilage and setting of the heritage item.

(4)  The heritage impact statement should include details of the size, shape and scale of, setbacks for, and the materials to be used in, any proposed buildings or works and details of any modification that would reduce the impact of the proposed development on the heritage significance of the heritage item.

cll 16A: Ins 12.4.2002.

16B Conservation incentives

The consent authority may grant consent to the use, for any purpose, of a building that is a heritage item, or of the land on which such a building is erected, even though the use would otherwise not be allowed by this plan, if:

(a)  it is satisfied that the retention of the heritage item depends on the granting of consent, and

(b)  the proposed use is in accordance with a conservation management plan which has been endorsed by the consent authority, and

(c)  the granting of consent to the proposed use would ensure that all necessary conservation work identified in the conservation management plan is carried out, and

(d)  the proposed use would not affect the heritage significance of the heritage item or its setting, and

(e)  the proposed use would not adversely affect the amenity of the surrounding area otherwise than to an insignificant extent.

cll 16B: Ins 12.4.2002.

Division 4 Miscellaneous

17 Acquisition of land in Zone No 5 (a), 5 (c), 6 (a) or 6 (c)

(1)  The owner of land within Zone No 5 (a), 5 (c), 6 (a) or 6 (c) may, by notice in writing, require:

(a)  in the case of land:

(i)  within Zone No 5 (a) and marked on the map “Community Uses”, “Council Purposes”, “Drainage” or “Parking”, or

(ii)  within Zone No 5 (c) or 6 (a),

the council,

(b)  in the case of land within Zone No 5 (a) and marked on the map “School” or “Technical College”, the Minister for Education,

(c)  in the case of land within Zone No 5 (a) and marked on the map “Corridor” (excluding that land described in Schedule 3) and land within Zone No 6 (c), the Minister for Planning,

(d)  in the case of land within Zone No 5 (a) and marked on the map “Water, Sewerage and Drainage” or “W S & D”, the Water Board,

(e)  in the case of land within Zone No 5 (a) and marked on the map “Ambulance”, the Department of Health,

(f)  in the case of land within Zone No 5 (a) and marked on the map “P.C.C.”, Prospect Electricity,

(g)  in the case of land within Zone No 5 (a) and marked on the map “Railways”, the State Rail Authority of New South Wales,

(h)  in the case of land within Zone No 5 (a) and marked on the map “Telecom”, Telecom Australia, and

(i)  in the case of land within Zone No 5 (a) marked on the map “Drainage (Water Board)” or Drainage (W.B.)”, the Water Board,

(j)    (Repealed)

(k)  in the case of land within Zone No 5 (a) and marked on the map “Public Transport Corridor”, the Minister for Urban Affairs and Planning,

to acquire the land.

(2)  Subject to subclauses (3) and (5), on receipt of a notice referred to in subclause (1), the Minister or public authority concerned shall acquire the land.

(3)  Nothing in this plan other than subclause (4) shall require the council to acquire any land within Zone No 6 (a) or land within Zone No 5 (a) and marked on the map “Community Uses”:

(a)  where the land may be required to be provided as a condition of approval to the carrying out of development on land in the vicinity and in the same ownership, or

(b)  if, in the opinion of the council, the need for the open space or community use has not yet been created by residential development within the vicinity.

(4)  Subclause (3) does not apply to land within Zone No 6 (a) and shown lettered “District Open Space” on the map.

(4A)  Nothing in this plan requires the council to acquire any land within Zone No 5 (a) situated within the land shown edged heavy black on the map marked “Blacktown Local Environmental Plan 1988 (Amendment No 5)”, if the land may be required to be provided as a condition of consent to the carrying out of development on land in the vicinity and in the same ownership as that land.

(5)    (Repealed)

cl 17: Am 13.3.1990; 19.4.1991; 22.10.1993; 25.8.1995; 11.4.1997.

17A Acquisition and development of land reserved for roads

(1)  The owner of any vacant land within Zone No 5 (b) may, by notice in writing, require:

(a)  the RTA—in the case of land that is included in the 5-year works program of the RTA current at the time of receipt of the notice, or

(b)  the Corporation—in any other case,

to acquire the land.

(2)  The owner of any land within Zone No 5 (b) that is not vacant may, by notice in writing, require the RTA to acquire the land if:

(a)  the land is included in the 5-year works program of the RTA current at the time of the receipt of the notice, or

(b)  the RTA has decided not to give concurrence under subclause (4) to an application for consent to the carrying out of development on the land, or

(c)  the RTA is of the opinion that the owner of the land will suffer hardship if the land is not acquired within a reasonable time.

(3)  On receipt of a notice under this clause, the RTA or the Corporation, as the case requires, must acquire the land unless the land might reasonably be required to be dedicated for public roads.

(4)  A person may, with the consent of the council and:

(a)  in the case of vacant land, with the concurrence of the RTA and the Corporation, or

(b)  in the case of land that is not vacant, with the concurrence of the RTA,

carry out development on land within Zone No 5 (b),

(c)  for a purpose for which development may be carried out on land in an adjoining zone, or

(d)  for any purpose for which is compatible with development which may be carried out on land in an adjoining zone.

(5)  In deciding whether to grant concurrence to proposed development under this clause, the RTA and the Corporation must take the following matters into consideration:

(a)  the need to carry out development on the land for the purposes of classified roads or proposed classified roads within the meaning of the State Roads Act 1986, and

(b)  the imminence of acquisition, and

(c)  the likely additional cost to the RTA or the Corporation resulting from the carrying out of the proposed development.

(6)  Land acquired under this clause may be developed, with the consent of the council, for any purpose, until such time as it is required for the purpose for which it was acquired.

(7)  In this clause:

the Corporation means the corporation constituted by section 8 (1) of the Act.

the RTA means the Roads and Traffic Authority constituted under the Transport Administration Act 1988.

vacant land means land on which, immediately before the day on which a notice under subclause (1) is given, there were no buildings other than fences, greenhouses, conservatories, garages, summer houses, private boat houses, fuel sheds, tool houses, cycle sheds, aviaries, milking bails, hay sheds, stables, fowl houses, pig sties, barns or the like.

cl 17A: Ins 22.10.1993.

18 Development of land in Zone No 5 (a), 5 (c), 6 (a) or 6 (c)

(1)  A person may, with the consent of council, carry out development for any purpose on land within Zone No 5 (a) (where that land is to be used by a public authority), 5 (c), 6 (a) or 6 (c) until the land is used or developed for the public purpose for which it is zoned.

(2)  A person shall not carry out development on land referred to in subclause (1) so as to render the land unfit for the purpose for which it is zoned.

(3)  The council shall not grant consent as referred to in subclause (1) to the development of land to be acquired by a public authority, other than itself, unless it has obtained the prior written concurrence of the public authority which is to acquire that land.

(4)  In determining whether or not to grant concurrence under subclause (3), the public authority concerned shall take into consideration:

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

(b)  the imminence of acquisition, and

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

(5)  The council shall not grant consent as referred to subclause (1) for the development of land within Zone No 6 (a) or 6 (c) unless consideration has been given to:

(a)  the need for the proposed development on the land,

(b)  the impact of the proposed development on the existing or likely future use of the land,

(c)  the need to retain the land for its existing or likely future use,

(d)  the effect of the proposed development on the costs of acquisition,

(e)  the imminence of acquisition, and

(f)  the costs of reinstatement of the land for the purposes for which the land is to be acquired.

(6)  Notwithstanding any other provision of this plan, a person may, with the consent of the council and the concurrence of the Director, carry out development on land within Zone No 5 (a) and marked “Corridor” on the map for the purpose of agriculture, community centres, dwelling-houses, dual occupancy, educational establishments, extractive industries, forestry, mines, public utility undertakings, recreation areas or rural industries.

(7)  A dwelling-house shall not be erected on a parcel of land within Zone No 5 (a) and marked “Corridor” on the map unless the parcel has an area of not less than 20 hectares.

(8)  The council, when deciding whether to grant consent under subclause (6), and the Director when deciding whether to grant concurrence under that subclause, shall take into consideration the following matters:

(a)  the effect of the proposed development on the function of the land as a physical and visual break between adjoining areas,

(b)  the effect of the proposed development on the existing or likely future use of the land by public authorities, and

(c)  in the case of development carried out by a public authority whether the proposed development needs to be carried out in that location or could be carried out on another more appropriate site elsewhere on land within Zone No 5 (a) and marked “Corridor” on the map.

cl 18: Am 22.10.1993.

19 Drainage

(1)  Notwithstanding any other provision of this plan, a person shall not carry out development on land to which this plan applies unless the land is filled to a level satisfactory to the council.

(2)  Where, in relation to the carrying out of development on land to which this plan applies, the council makes any requirements with respect to the drainage of land or the drainage of other land, a person shall not carry out that development except in accordance with those requirements.

20 Development of land affected by the 1% annual exceedance probability flood

(1)  In this clause:

floodway means the channel of a river or stream and those portions of land, affected by the 1% annual exceedance probability flood, adjoining the channel and which constitute the main flow path of floodwaters. Floodwaters are areas which, even if only partially blocked, would cause significant redistribution of the flood flow, which may in turn adversely affect other areas. They are often, but not necessarily, the areas of deeper flow or the areas where higher velocities occur.

1% annual exceedance probability flood means a flood which has a 1 in 100 chance of occurring in any one given year.

(2)  Despite any other provision of this plan, the council may refuse consent to the carrying out of any development on land affected by the 1% annual exceedance probability flood where, in its opinion, the development may:

(a)  adversely affect the efficiency, or unduly restrict the capacity, of the floodway or where the safety of the development would be affected in time of flood,

(b)  affect the flood peak at any point upstream or downstream of the development,

(c)  affect, to a substantial degree, the flow of floodwater on adjoining lands,

(d)  cause avoidable erosion, siltation or unnecessary destruction of riverbank vegetation in the area,

(e)  affect the water table on any adjoining land,

(f)  adversely affect riverbank stability, or

(g)  create a hazard to life or property in time of flood.

cl 20: Subst 11.4.1997. Am 2004 No 91, Sch 2.6.

20A Development in the vicinity of Richmond Road, Blacktown

Notwithstanding any other provision of this plan, a person must not carry out development on land shown edged heavy black on the map marked “Blacktown Local Environmental Plan 1988 (Amendment No 5)”, unless arrangements satisfactory to the council have been made in respect of:

(a)  the drainage of the land, and

(b)  the phasing of development of that land.

cl 20A: Ins 13.3.1990.

20B Development of certain land in the Parklea Release Area, Blacktown

(1)  Notwithstanding any other provision of this plan, the council shall not grant consent to the carrying out of development on land within Zone No 5 (a) marked on the map “Drainage (Water Board)” or “Drainage (W.B.)” or on land within Zone No 6 (a) where that land, for the time being, is affected by the 100 year Average Recurrence Interval (A.R.I.) flood event unless the council has obtained the prior written concurrence of the Water Board.

(2)  In determining whether or not to grant concurrence under subclause (1), the Water Board shall take into consideration:

(a)  the need to ensure the efficient operation of the trunk drainage system in relation to water quantity and quality issues,

(b)  the potential threat to property and life caused by water during flood,

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

(d)  the costs of reinstatement of the land for the purposes for which the land is to be acquired.

cl 20B: Ins 19.4.1991.

20C Development on certain land at Schofields and Kellyville Ridge, Parklea Release Area

(1)  This clause applies to part of Lot 404, DP 1029932, and part of Lot A, DP 397496, as shown edged heavy black on the map marked “Blacktown Local Environmental Plan 1988 (Amendment No 202)”.

(2)  In addition to any other requirement of this plan, the council must not grant consent to development of land to which this clause applies, unless the council is satisfied that, in so far as the nature of the development proposed allows, the development will:

(a)  contribute towards achieving water quality and flow objectives of the council by the application of total water cycle management principles, including WSUD (water sensitive urban design), best practice stormwater management and treatment systems, and minimising adverse impacts on the water cycle to the greatest extent possible, and

(b)  be environmentally sustainable by achieving agreed environmental outcomes acceptable to the council, particularly in relation to water and air quality, and

(c)  protect, enhance, maintain and restore land and water resources, their associated ecosystems, ecological processes, biological diversity and water quality, and

(d)  encourage best practice in the use and management of land and water resources so as to increase water efficiency, reduce reliance on imported water, and improve at-source retention of water quality, flooding, erosion, salinity and sedimentation, and

(e)  contribute to the conservation of biodiversity, and the protection and enhancement of the riparian corridor, and

(f)  contribute to the conservation of Aboriginal heritage.

(3)  In addition to any other requirement of this plan, the council must not consent to the erection of a building on land within Zone No 3 (a) that is shown on the map marked “Blacktown Local Environmental Plan 1988 (Amendment No 202)” unless the total of the gross floor areas of all shops and commercial premises on that land will not exceed 1,500 square metres.

cll 20C: Ins 2006 (67), Sch 1 [2].

20D Restriction on certain subdivisions at Schofields and Kellyville Ridge, Parklea Release Area

(1)  The object of this clause is to require assistance towards the provision of regional transport infrastructure and services to satisfy needs that will arise from development of land to which this clause applies, but only if land is developed intensively for urban purposes.

(2)  This clause applies to part of Lot 404, DP 1029932, and part of Lot A, DP 397496, as shown edged heavy black on the map marked “Blacktown Local Environmental Plan 1988 (Amendment No 202)”.

(3)  Despite any other provisions of this plan, consent must not be granted for a subdivision of land to which this clause applies that will create a lot with an area of less than 40 hectares, unless the Director-General has certified in writing to the consent authority that satisfactory arrangements have been made to contribute to the provision of regional transport infrastructure in relation to the land comprising that lot.

(4)  The reference in subclause (3) to a lot of less than 40 hectares does not include a reference to any such lot:

(a)  identified in the certificate as a residue lot, or

(b)  that is proposed in the development application to be reserved or dedicated for public utilities, education facilities, or any other public purpose.

(5)  Subclause (3) does not apply to a subdivision for the purpose of rectifying an encroachment upon any existing allotment.

(6)  State Environmental Planning Policy No 1—Development Standards does not apply to this clause.

cll 20D: Ins 2006 (67), Sch 1 [2].

21 Development in the vicinity of Schofields Aerodrome

(1)  Where an application for consent is made to the council for:

(a)  the erection of a building or structure whose height exceeds the height limitation specified in the Obstacle Limitation Surface Plan, prepared by the Civil Aviation Authority, for Schofields Aerodrome for buildings or structures at the point where the building or structure to which the application relates is to be erected, or

(b)  the development of land indicated on the Height Limitation Zone Plan for Schofields Aerodrome, prepared by the Civil Aviation Authority, for the purposes of:

(i)  a dam,

(ii)  a reservoir,

(iii)  the storage of grain, or

(iv)  putrescible waste disposal,

the council shall forthwith notify the Civil Aviation Authority and furnish the Authority with a copy of the application.

(2)  The council shall not determine an application referred to in subclause (1) until 28 days after the council has notified the Civil Aviation Authority.

(3)  In determining the application referred to in subclause (1), the council shall, in light of any advice received from the Civil Aviation Authority relating to the safe operation of Schofields Aerodrome, either:

(a)  refuse the application, or

(b)  in approving the application, impose appropriate conditions, as may be specified by the Civil Aviation Authority.

22 Land adjoining designated roads

(1)  In this clause, designated road means land within Zone No 5 (b) or Zone No 5 (c), excluding land so zoned in Pearce Road, Quakers Hill, and Lalor Road west of Hambledon Road.

(2)  Subject to subclauses (3) and (4), a person shall not carry out development on land which adjoins a designated road unless vehicular access to the land from that road is made by way only of another road (not being a designated road).

(3)  Where, except for this clause, development may be carried out, the council may, in relation to that development, allow temporary vehicular access to a designated road.

(4)  Where, except for this clause, development may be carried out, the council may, in relation to that development, allow permanent vehicular access to a designated road, if, in the opinion of the council, alternative access to that development is neither practicable nor provided by another road or a proposed road identified in a development control plan.

(5)  Prior to determining any development application which provides for either temporary or permanent access to land within Zone No 5 (b), the council shall consult with The Commissioner for Main Roads, and shall not determine that application until 28 days after it has notified The Commissioner for Main Roads of its intention to do so.

23 Home activity

(1)  The council shall not consent to the carrying out of development for the purposes of a home activity on land within Zone No 1 (a), 1 (b), 2 (a), 2 (b) or 2 (c) except in accordance with subclause (2).

(2)  The council may:

(a)  in relation to land within Zone No 1 (a) or 1 (b), consent to:

(i)  the use of a building for the purpose of a home activity occupying a gross floor area of up to but not exceeding 100 square metres, and

(ii)  the sale from the building of artefacts or produce manufactured or grown on the premises or on the land on which the building is erected, or

(b)  in relation to land within Zone No 2 (a), 2 (b) or 2 (c), consent to the use of a building for the purpose of a home activity occupying a gross floor area of up to but not exceeding 50 square metres where:

(i)  public comment has been sought from persons who, in the opinion of the council, could reasonably be considered to be affected by that use, and

(ii)  the council is satisfied that the granting of consent would not be contrary to the public interest.

24 Services

(1)  The council may refuse consent to the carrying out of any development on any land within Zone No 2 (a), 2 (b) or 2 (c) unless arrangements satisfactory to it are made (whether by the imposition of conditions under section 91 of the Act or otherwise) for the underground provision of an electrical system to that land and for the installation of such lamp standards as are approved by the council in relation to reticulation.

(2)  The council may refuse consent to the carrying out of any development on any land within Zone No 2 (a), 2 (b) or 2 (c) unless arrangements satisfactory to Telecom Australia are made by the owner of the land to which the development consent relates for the provision of underground telephone plant to that land.

(3)  A person shall not carry out development on any land to which this plan applies unless arrangements satisfactory to the Water Board have been made with the Board for the provision of water services to the land.

(4)  A person shall not carry out development on any land to which this plan applies unless arrangements satisfactory to:

(a)  in the case of land within Zone No 1 (a) or 1 (b), the council, or

(b)  in the case of all other land, the Water Board,

have been made for the provision of sewerage services to that land.

(5)  A person shall not carry out development on land shown edged heavy black on the map marked “Blacktown Local Environmental Plan 1988 (Amendment No 10)” unless arrangements satisfactory to:

(a)  the Water Board and the Council, or

(b)  in the case of land within the Toongabbie Creek catchment as shown on the map marked “Drainage Catchments—Parklea Release Area”, the council,

have been made in relation to the drainage of that land.

(6)  A person shall not carry out development on land shown edged heavy black on the map marked “Blacktown Local Environmental Plan 1988 (Amendment No 10)” unless arrangements satisfactory to the Roads and Traffic Authority have been made by the developer with that Authority to make appropriate payment towards the cost of the arterial road network.

cl 24: Am 19.4.1991.

25 Tree preservation

(1)  A person shall not ringbark, cut down, lop, top, remove, injure or wilfully destroy any tree, or cause any tree to be ringbarked, cut down, topped, lopped, removed, injured or wilfully destroyed; except with the consent of the council.

(2)  In any proceedings for an offence arising under this clause, it shall be sufficient defence to prove that the tree ringbarked, cut down, topped, lopped, removed, injured or wilfully destroyed was dying or dead or had become dangerous.

(3)  This clause does not apply to trees in a State forest or on land reserved as a timber reserve within the meaning of the Forestry Act 1916, or to trees required to be lopped in accordance with Regulation 38 or 39 of the Overhead Line Construction and Maintenance Regulations 1962, or to any trees which are under the control or management of the Water Board.

(4)  This clause does not operate so as to require a consent to be given pursuant to this clause for the carrying out of development at a plant nursery if the development could lawfully be carried out at the plant nursery in the absence of this clause.

26 Covenants, agreements etc

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

(2)  Nothing in the subclause (1) shall affect the rights or interests of the council under any registered instrument.

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

cl 26: Subst 12.2.1993.

27 Professional offices and veterinary establishments

The council shall not grant consent to the carrying out of development for the purposes of a professional office or a veterinary establishment on land within Zone No 2 (a), 2 (b) or 2 (c) unless it is satisfied that:

(a)  the proposed use would not significantly affect the residential character or amenity of the surrounding neighbourhood,

(b)  the proposed use would not give rise to traffic levels out of keeping with those of the surrounding neighbourhood, and

(c)  in the case of veterinary establishments, the establishment has the form of, and is capable of use as, a dwelling-house.

28 Mixed business

The council may refuse its consent to the carrying out of development for the purpose of a mixed business on land within Zone No 2 (a), 2 (b) or 2 (c) if:

(a)  the gross floor area of the mixed business exceeds 75 square metres,

(b)  the land is within 400 metres by road of other land:

(i)  within Zone No 3 (a),

(ii)  in respect of which a current consent exists to the carrying out of development for the purpose of a mixed business, or

(iii)  occupied by an existing shop lawfully erected and used for, and which serves the function of, a mixed business,

(c)  the proposed use would significantly affect the residential character or amenity of the surrounding neighbourhood, or

(d)  the proposed use would give rise to traffic levels out of keeping with those of the surrounding neighbourhood.

29 Development in Zone No 3 (c)

Despite any other provision of this plan, a person may, with the consent of the council, carry out development on land within Zone No 3 (c) for the purposes of boarding houses, commercial premises, dual occupancy, dwelling-houses, medium density housing or shops, but in each case only if the development is in conjunction with, and ancillary to, use of the land for a purpose otherwise permitted on the land by this plan.

cl 29: Subst 11.4.1997.

30 Nuclear activities

Notwithstanding any other provision of this plan, a person shall not carry out development on land to which this plan applies for the purposes of:

(a)  mining prohibited by the Uranium Mining and Nuclear Facilities (Prohibition) Act 1986,

(b)  a nuclear facility, the construction or operation of which is prohibited under that Act, or

(c)  a facility for the storage or disposal of radioactive waste material referred to in section 8 (3) (b) of that Act, except pursuant to a licence under the Radioactive Substances Act 1957.

31 Parklea Markets

(1)  This clause applies to the land shown edged heavy black on the map marked “Blacktown Local Environmental Plan 1988 (Amendment No 1)”.

(2)  In this clause:

appointed day means the day on which Blacktown Local Environmental Plan 1988 (Amendment No 1) took effect.

designated building means the building situated, as at the appointed day, on the land shown hatched on the map marked “Blacktown Local Environmental Plan 1988 (Amendment No 1)”.

stall area means a marked-out area, not exceeding 10 square metres of the floor of the designated building, in respect of which a number has been permanently assigned and on which that number is displayed.

week-end market means a place (other than a shop) where goods (including food) are sold by 2 or more persons from temporary stalls, booths, benches or tables on a Saturday or Sunday, or on any public holiday which occurs on a Monday, between 7.30 am and 6 pm.

(3)  Except as otherwise provided by this clause, the carrying out of development on the land to which this clause applies is prohibited.

(4)  A person may, with the consent of the council, use designated building for the following purposes:

(a)  a week-end market,

(b)  a plant nursery,

(c)  a cultural, recreational, sporting or entertainment facility, including exhibitions, trade shows and the like.

(5)  Development consent for the purpose specified in subclause (4) (c) authorises the use of the designated building for the particular purpose concerned on one occasion only or, if the council specifies a particular period for which the use is authorised, for the period so specified.

(6)  The council shall refuse consent to an application to use the designated building for a purpose specified in subclause (4) if it is not satisfied that adequate provision have been made in relation to the following matters:

(a)  carparking on the surrounding land,

(b)  services (including water, drainage, sewerage and roads) to the land comprising the site on which the designated building is situated,

(c)  protection of the amenity of adjoining land.

(7)  The council may grant consent to an application to alter the designated building, except if the alteration would result in an increase in the gross floor area of the designated building as at the appointed day.

(8)  A person shall not use the designated building for the purposes of a week-end market if there are more than 500 stall areas occupied by temporary stalls, booths, benches or tables within the designated building.

(9)  No direct vehicular or pedestrian access is permitted between the land to which this clause applies and Old Windsor Road.

(10)  A person shall not use the designated building for a purpose specified in subclause (4) (c) after 5 pm in any calendar year if it has been used on 12 occasions in that calendar year for such a purpose after that time or, if the council specifies a particular number of days in any one calendar year within which the designated building may be so used, it has been used in that calendar year for that number of days for such a purpose after that time.

(11)  A person shall not carry out development on the land to which this clause applies unless:

(a)  arrangements satisfactory to the Water Board have been made with that Board for the provision of water services to the land, and

(b)  arrangements satisfactory to the council have been made with the council for the provision of sewerage services to the land.

(12)  In carrying out development on the land to which this clause applies, a person must comply with the requirements (if any) specified in respect of the development:

(a)  by the Manager of the Theatres and Public Halls Branch of the Department of Local Government, and

(b)  the State Pollution Control Commission.

(13)  If the sale or disposal of farm produce at any week-end market constitutes a public market within the meaning of section 15 of the Sydney Market Authority Act 1968, a person shall not carry out development on the land to which this clause applies for the purposes of a week-end market unless written permission from the Sydney Market Authority has been obtained in accordance with that section.

(14)  Nothing in this clause:

(a)  prevents the council from granting consent to an application to carry out development relating to a matter specified in subclause (6), or

(b)  prevents the use within the designated building of the refreshment room known, as at the appointed day, as the “Golden Nugget”, or

(c)  prevents the use within the designated building of the eight shop structures, as shown in the locations identified by survey on the drawing marked “Plan Showing Shop Structures within Parklea Markets”, reference 2345/1 and dated 9 October 1989, deposited in the office of the Council for the purpose of retailing of food when the designated building is being used for a purpose referred to in subclause (4).

cl 31: Ins 2.6.1989. Am 22.12.1989.

31A Development of land for markets administration building, Parklea Markets

(1)  This clause applies to so much of Part Lot 300, DP 1024047, Sunnyholt Road, Glenwood, as is shown edged heavy black on the map marked “Blacktown Local Environmental Plan 1988 (Amendment No 173)” deposited in the office of the Council.

(2)  A person may, with the consent of the Council, carry out development on the land to which this clause applies for the purpose of a markets administration building, subject to the gross floor area of the building not exceeding 1,000 square metres.

(3)  In this clause:

markets administration building means a building used only for office or business purposes (or both) ancillary to the operation and management of the Parklea Markets.

cl 31A: Ins 15.8.2003.

32 Part of Lot 9, DP 801212, Lot 5, DP 808524 and Lot 101, DP 807967, Eastern Creek

(1)  This clause applies to land shown edged heavy black and marked “Clause 32” on the map marked “Blacktown Local Environmental Plan 1988 (Amendment No 29)”.

(2)  In addition to the purposes permitted within Zone No 5 (b) (Special Uses Arterial Road and Arterial Road Widening), a person may, with the consent of the Council, use the land to which this plan applies for the purposes of two highway service centres and tourist information centres.

cl 32: Ins 22.5.1992. Am 24.12.1992.

33 Development of certain land—Lalor Road, Quakers Hill

(1)  This clause applies to land within Zone No 2 (a), being Lot 2, DP 827553, Lalor Road, east of Grady Street, as shown edged heavy black on the map marked “Blacktown Local Environmental Plan 1988 (Amendment No 52)”.

(2)  In addition to the purposes permitted, with or without the consent of the council, within Zone No 2 (a), a person may, with the consent of the council, use the land to which this clause applies for the purposes of a service station, whether that use is undertaken on Lot 2, DP 827553 without that lot being subdivided or on part of that lot after it has been subdivided, provided that the council shall not consent to such subdivision unless that subdivision creates only two allotments and the use of one allotment so created shall not duplicate any use on the other allotment so created.

(3)  No vehicular or pedestrian access is permitted between the land to which this clause applies and Grady Street.

cl 33: Ins 3.7.1992. Subst 11.2.1994.

34 Bulky goods retail establishments

The Council may consent to development for the purposes of a bulky goods retail establishment within Zones Nos 3 (b) and 4 (c) only if:

(a)  the proposed development will not have an adverse impact on the viability of business centres, and

(b)  the gross floor area of the part of the premises used for the sale, storage or display of a type of good listed in the first column of the table to this clause is not less than the minimum floor area shown in relation to that type of good in the second column of the table.

Permitted retail uses	Minimum floor area (m2)
Furniture	500
Electrical goods	500
Outdoor products	500
Office supplies	500
Automotive parts/accessories	500
Kit homes	500
Floor coverings	250
Lighting	250
Antiques/secondhand goods	250
Kitchen/bathroom showrooms	150
Tiles (floors, ceiling or walls)	150

cl 34: Ins 10.7.1992. Subst 10.11.2000.

35 Amusement centres in Zones Nos 3 (a) and 3 (b)

(1)  This clause applies to land within Zone No 3 (a) or 3 (b) situated in the Blacktown Central Business District, Mt Druitt Square or the Seven Hills Shopping Centre, as shown edged heavy black on the map marked “Blacktown Local Environmental Plan 1988 (Amendment No 34)”.

(2)  Development for the purpose of an amusement centre may be carried out on land to which this clause applies, but only with the consent of the council.

cl 35: Ins 12.3.1993.

36 Development of certain land for home depot—Lot 5, DP 709607, Abbott and Old Windsor Roads, Seven Hills

(1)  This clause applies to land shown edged heavy black and marked “Clause 36” on the map marked “Blacktown Local Environmental Plan 1988 (Amendment No 49)”.

(2)  In addition to the purposes permitted within Zone No 4 (a) (General Industrial), a person may, with the consent of the council, use the land to which this clause applies for the purposes of a home depot and associated administration office.

(3)  In this clause:

home depot means a bulky goods retail outlet for building supplies, materials or equipment to be used in the construction and improvement of buildings.

cl 36: Ins 29.10.1993.

37 Advertisements

(1)  The objectives of this clause are:

(a)  to provide for the placement of outdoor advertisements on land in a manner and style that is directly related to and is compatible with the purpose for which the land is zoned, and

(b)  to provide for signage that is complementary in scale, form and location with its surroundings, and

(c)  to ensure that outdoor advertising does not detract from the safety, efficiency, appearance or amenity of the streetscape.

(2)  Before granting consent to development relating to an advertisement:

(a)  the council must consider both the objectives of this clause and the relevant zone objectives, and

(b)  the council must be satisfied that the applicant can demonstrate the following:

(i)  the advertisement relates to a use of the land on which it is to be situated,

(ii)  the advertisement will not detract from the amenity of the local environment because of its appearance, size, design, illumination or location, or as a result of the number and location of advertisements within the vicinity,

(iii)  the size and likely impact of the advertisement is compatible with the size and design of the premises on which the advertisement is to be constructed and with the size and design of the surrounding buildings,

(iv)  the advertisement will not detract from any items of scenic, historic, architectural, scientific or cultural interest,

(v)  appropriate setbacks, clearances and structural features are incorporated into the proposal to ensure safe pedestrian and vehicular traffic circulation,

(vi)  the advertisement is not a flashing or moving sign.

(3)  This clause does not apply to development for the purpose of advertisements that is exempt development.

cl 37: Ins 15.7.1994. Am 9.6.2000. Subst 2006 (465), Sch 1 [6].

38 Development of part of Lot 2, DP 816611, Eastern Road, Quakers Hill and Lot 1, DP 532377, Quakers Road, Quakers Hill

(1)  This clause applies to land shown edged heavy black and marked “Clause 38” on the map marked “Blacktown Local Environmental Plan 1988 (Amendment No 61)”.

(2)  Notwithstanding any other provision of this plan, the use, for purposes permissible within the zone applying to the land, of buildings existing on the land to which this clause applies as at the date of gazettal of Blacktown Local Environmental Plan 1988 (Amendment No 61) does not require the development consent of the council.

(3)  In addition to any other requirements of this plan, the council shall not grant consent to development, other than the use of buildings existing on the land as at the date of gazettal of Blacktown Local Environmental Plan 1988 (Amendment No 61), unless it is satisfied:

(a)  that the NSW Environmental Protection Authority has been consulted to determine whether specific site contamination analyses and remediation works are required,

(b)  that the site of the proposed development is clear of any contaminated material or that it has been removed to a standard acceptable to the council,

(c)  as to the suitability of the soils on the site to accommodate the proposed development and as to the adequacy of any works necessary to render the site suitable for such development,

(d)  that there will not be an adverse impact on drainage flows downstream of the proposed development resulting from the proposed development of from any excavation or filling activities on the subject land, and

(e)  that arrangements satisfactory to the Water Board have been made in respect of the provision of water and sewerage services to the proposed development.

cl 38: Ins 16.9.1994.

39 Classification or reclassification of public land as operational land

(1)  The public land described in Schedule 4 is classified, or reclassified, as operational land for the purposes of the Local Government Act 1993.

(2)  In accordance with section 30 of the Local Government Act 1993, a parcel of land described in Part 2 of Schedule 4, to the extent (if any) that it is a public reserve, ceases to be a public reserve on the commencement of the relevant amending plan and, by operation of that plan, is discharged from any trusts, estates, interests, dedications, conditions, restrictions and covenants affecting the land or any part of the land, except for:

(aa)  those trusts, estates, interests, dedications, conditions, restrictions and covenants (if any) specified in relation to the land in Part 2 of Schedule 4, and

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

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

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

(4)  In this clause, the relevant amending plan, in relation to a parcel of land described in Part 2 of Schedule 4, is the local environmental plan cited at the end of the description of the parcel.

(5)  Land described in Part 1 of Schedule 4 is not affected by the amendments made by the Local Government Amendment (Community Land Management) Act 1998 to section 30 of the Local Government Act 1993.

(6)  Land described in Part 3 of Schedule 4:

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

(b)  to the extent (if any) that the land is affected by any trusts, estates, interests, dedications, conditions, restrictions or covenants, continues to be affected by those 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.

cl 39: Ins 3.3.1995. Am 2.6.2000; 10.8.2001; 2.8.2002.

40 Classification or reclassification of public land as community land

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

(2)  The amendment made by clause 5 (c) of Blacktown Local Environmental Plan 1988 (Amendment No 140), in so far as it classifies or reclassifies as community land so much of Fuller, Miller and Paull Streets, Mount Druitt as is shown edged heavy black on the map referred to in clause 3 (2) of that plan, does not have effect until the publication in the Government Gazette of a notice, pursuant to the Roads Act 1993, closing those public roads or the relevant parts of those public roads.

cl 40: Ins 23.6.1995. Am 25.8.2000.

41 Development of certain land bounded by Woodstock Avenue, Abraham Street and Duke Street, Rooty Hill, and part of Duke Street road reserve, Rooty Hill

(1)  This clause applies to land shown edged heavy black and marked “Clause 36” on the map marked “Blacktown Local Environmental Plan 1988 (Amendment No 53)”.

(2)  In addition to the purposes permitted, with the consent of the Council, within Zone No 5 (a) Special Uses (Hotel/Motel) and within Zone No 5 (b) Special Uses (Arterial Road and Arterial Road Widening), a person may, with the consent of the Council, use the land to which this clause applies for the purposes of a service station.

cl 41 (previously cl 36): Ins 4.2.1994. Renumbered 11.4.1997.

41A Development of certain land for additional purposes

Nothing in this plan prevents a person, with the consent of the council, from carrying out, on land described in Column 1 of the following Table, development for a purpose specified in relation to that land in Column 2 of that Table, subject to such conditions, if any, as are specified in Column 2 of that Table.

Column 1	Column 2
Land	Development
Lots 1–3, DP 853722, Quakers Hill Parkway, Quakers Hill.	Service station, restaurant, video store and real estate agent.
Lot 31, DP 865707, Sunnyholt Road, Glenwood.	Dog kennels.
Lot 30, DP 865707, Sunnyholt Road, Glenwood.	Rural industry.
Lot 5, DP 227924, Sunnyholt Road, Parklea.	Caravan park.
Lot 1, DP 731919, and Lot 1, DP 860325, Sunnyholt Road, Stanhope Gardens.	Caravan park.
Lot C, DP 377269, Lot 1 and part of Lot 2, DP 502783 and part of Lot 100, DP 598978, Prospect Highway, Seven Hills, as shown edged heavy black on the map marked “Blacktown Local Environmental Plan 1988 (Amendment No 177)”.	Service station.
Lot 142, DP 1050487, Sunnyholt Road, Parklea, as shown edged heavy black on the map marked “Blacktown Local Environmental Plan 1988 (Amendment No 196)”.	Service centre.
Lot 100, DP 1013628, Richmond Road, Glendenning, as shown edged heavy black on the map marked “Blacktown Local Environmental Plan 1988 (Amendment No 186)”.	Medical centre (with associated pharmacy), video store, restaurant, pet supplies store and other commercial premises, subject to the condition that the gross floor area of the development does not exceed 1,674m2.

cl 41A: Ins 16.6.2000. Am 13.8.2004; 10.12.2004.

cl 41A, table: Ins 16.6.2000. Am 22.8.2003; 13.8.2004; 10.12.2004.

42 Development of Lot 6, DP 835718, Quakers Road, Quakers Hill

(1)  This clause applies to Lot 6, DP 835718, Quakers Road, Quakers Hill, as shown edged heavy black and marked “Clause 42” on the map marked “Blacktown Local Environmental Plan (Amendment No 80)”.

(2)  In addition to any other requirements of this plan, the Council shall not grant consent to development for residential purposes of the land to which this clause applies unless:

(a)  the subject development application has been referred to Sydney Water Corporation Limited for comment, and

(b)  Sydney Water Corporation Limited has advised the Council that adequate capacity exists at the Quakers Hill Sewerage Treatment Plant to accommodate demand generated by the proposed development.

cl 42: Ins 23.2.1996.

42A Brothels

(1)  Despite any other provision of this plan, development for the purpose of a brothel must not be carried out if the relevant premises are:

(a)  within a straight line distance of 300 metres of land zoned for residential, commercial or public open space purposes, or

(b)  adjacent to any property used or partly used for residential purposes, or

(c)  near or within view from any school, church, hospital, child care centre, community facility or public open space or any place regularly frequented by children, or

(d)  within 100 metres from a road zoned Special Uses—Arterial Road and Arterial Road Widening or Special Uses—Local Road and Local Road Widening.

(2)  In determining an application to carry out development for the purpose of a brothel, the council must consider the following:

(a)  the potential cumulative impact of like uses in a neighbourhood,

(b)  whether the operation of the brothel is likely to cause disturbance in the neighbourhood when taking into account other brothels operating in the neighbourhood or other land uses within the neighbourhood involving similar hours of operation,

(c)  whether or not the brothel is in keeping with or is likely to substantially alter the character of its locality, and

(d)  whether the brothel is likely to put at risk members of the community or its clientele or service providers.

cl 42A: Ins 24.7.1998.

43 Development of Lot 1, DP 617806, Powers Road, Seven Hills

(1)  This clause applies to land, being Lot 1, DP 617806, Powers Road, Seven Hills, as shown edged heavy black on the map marked “Blacktown Local Environmental Plan 1988 (Amendment No 103)”.

(2)  In addition to any other land use permitted on the land to which this clause applies, a person may, with the consent of the Council, use the land to which this clause applies for the purpose of a banking institution loans processing administration facility.

cl 43: Ins 20.2.1998.

43A Development of certain land—Lot 2, DP 617806, Powers Road, Seven Hills

(1)  This clause applies to land being Lot 2, DP 617806, Powers Road, Seven Hills, shown edged heavy black on the map marked “Blacktown Local Environmental Plan 1988 (Amendment No 128)”.

(2)  In addition to the purposes permitted with the consent of the Council, within Zone No 4 (a), a person may, with the consent of the Council, use the land to which this clause applies for the purpose of a mail centre.

cl 43A: Ins 17.9.1999.

43B Development of certain land in the Parklea Area

(1)  This clause applies to land shown edged heavy black on Sheet 4 of the map marked “Blacktown Local Environmental Plan 1988 (Amendment No 127)”.

(2)  Development for the purpose of medium density housing may be carried out, with the consent of Council, only on land shown edged with a broken black line and marked “Clause 43B” on that Sheet.

(3)  Development for the purpose of medium density housing is prohibited on all other land shown edged heavy black on that Sheet.

cl 43B: Ins 24.12.1999.

43C Development of part of Lot 353, DP 882711, Fourth Avenue, Blacktown

(1)  This clause applies to land shown edged heavy black on the map marked “Blacktown Local Environmental Plan 1988 (Amendment No 132)”.

(2)  In this clause:

appointed day means the day on which “Blacktown Local Environmental Plan 1988 (Amendment No 132)” took effect.

(3)  A person may, with the consent of Council, use the building situated as at the appointed day on the land to which this clause applies for the purpose of free-standing separate commercial premises.

(4)  The Council may grant consent to an application to alter that building for the purpose specified in subclause (3), except if the alteration would result in an increase in the gross floor area, as at the appointed day, of the building.

(5)  Nothing in this clause prevents the Council from granting consent to an application to carry out development for a purpose permitted in Zone No 4 (a).

cl 43C: Ins 17.3.2000.

44 Development of Lot 1, DP 733463, Main Street, Blacktown

(1)  This clause applies to land, being Lot 1, DP 733463, Main Street, Blacktown, as shown edged heavy black on the map marked “Blacktown Local Environmental Plan 1988 (Amendment No 98)”.

(2)  In addition to any other land use permitted on the land to which this clause applies, a person may, with the consent of the Council, use the land to which this clause applies for the purpose of a retail shoe outlet with storage facilities.

cl 44: Ins 11.7.1997.

44A Methadone dispensaries

(1)  This clause applies to land within Zone No 3 (a), land within Zone No 3 (b) and to land within Zone No 5 (a) and marked on the map “Hospital”.

(2)  Notwithstanding any other provision in this plan:

(a)  buildings existing on land within Zone No 5 (a) and marked on the map “Hospital” may be used for the purposes of a methadone dispensary without the development consent of the council, and

(b)  premises within Zone Nos 3 (a) and 3 (b) may, without the consent of the council, be used for the purposes of a methadone dispensary, but only where such a use is ancillary to, and in conjunction with, the use of a pharmacy approved under the Pharmacy Act 1964 or in conjunction with the use of a doctor’s surgery.

cl 44A: Ins 24.3.2000.

45 Development of Lot 34, DP 852380, Sunnyholt Road, Parklea

(1)  This clause applies to land, being Lot 34, DP 852380, Sunnyholt Road, Parklea, as shown edged heavy black on the map marked “Blacktown local Environmental Plan 1988 (Amendment No 106)”.

(2)  In addition to any other land use permitted on the land to which this clause applies, a person may, with the consent of the Council, use the land to which this clause applies for the purpose of a motel and restaurant.

cl 45: Ins 20.2.1998.

46 Development of certain land—part of Lot 3, DP 870666, Old Windsor Road, Parklea

(1)  This clause applies to land, being part of Lot 3, DP 870666, Old Windsor Road, Parklea, as shown edged heavy black on the map marked “Blacktown Local Environmental Plan 1988 (Amendment No 133)”.

(2)  In addition to the purposes permitted, with the consent of the council, within the Special Uses—General Zone, a person may, with the consent of the council, use the land to which this clause applies for the purpose of a service centre.

(3)  Despite paragraph (c) of the definition of service centre in clause 6 (1), the Council may consent to restaurant facilities (as described in that paragraph) provided at the service centre that involve a total floor area of not more than 800 square metres.

cl 46: Ins 17.3.2000. Am 28.9.2001.

47 Service centres

(1)  The council shall not grant consent to the carrying out of development for the purpose of a service centre in any zone unless it is satisfied that:

(a)  there is a separation distance of at least 2 kilometres between the proposed service centre and any established service centre or service station, or proposed service centre or service station that has received development consent, except where any such established or proposed service centre or service station is located on the opposite side of the road within Zones Nos 5 (b) or 5 (c) adjoining the proposed service centre, and

(b)  the proposal would not result in unacceptable traffic delays or have a great impact on the operation of intersections in the vicinity, and provides safe access to and from the site, based on a comprehensive traffic study prepared by a suitably qualified person.

(2)  In determining an application to carry out development for the purpose of a service centre, the council must consider the following:

(a)  the potential cumulative impact of the proposed service centre on like uses such as service stations in the locality,

(b)  whether the operation of and access to and from the service centre is likely to cause disturbance to residents or impinge on existing lawful uses in the vicinity, and

(c)  whether or not the service centre is likely to substantially alter the character of its locality.

(3)  Notwithstanding the provisions of subclauses (1) and (2), where the council is of the opinion that the local community is not likely to be provided with adequate convenience retail facilities in the foreseeable future, the council may grant consent to a service centre which is at variance with the criteria set out in subclauses (1) and (2).

cl 47: Ins 24.11.2000.

48 Development of land in Zones Nos 2 (a), 2 (b) and 2 (c)

(1)  This clause applies to land within the City of Blacktown within Zone No 2 (a), 2 (b) or 2 (c).

(2)  On land shown edged heavy black and marked “Clause 48”:

(a)  on Sheets 1–6 of the map marked “Blacktown Local Environmental Plan 1988 (Amendment No 142),” and

(b)  on the map marked “Blacktown Local Environmental Plan 1988 (Amendment No 179)”,

development for the purpose of dual occupancies, integrated housing and medium density housing may be carried out, with the consent of the Council, but only if the development is limited to two storeys in height.

(3)  On land subject to this clause but not subject to subclause (2), development for the purpose of dual occupancies, integrated housing and medium density housing may be carried out, with the consent of the Council, but only if the development is limited to one storey in height.

(4)  Notwithstanding subclause (3), development for the purpose of dual occupancies, integrated housing and medium density housing may be carried out, with the consent of the Council, to a height of two storeys, on land subject to subclause (3), but only where the proposed dwelling immediately adjoins an existing public road.

(5)  Notwithstanding subclauses (3) and (4), development for the purpose of dual occupancies, integrated housing and medium density housing may be carried out, with the consent of the Council, to a height of two storeys on land subject to subclause (3), where the subject land comprises an area of 1 hectare or more of residentially zoned land.

(6)  Notwithstanding any of the above provisions, land to which Clause 43B applies is excluded from the provisions of this clause.

(7)  Notwithstanding any of the above provisions, land to which clause 50 applies is excluded from the provisions of this clause.

cl 48: Ins 16.2.2001 (see also 23.2.2001). Am 5.9.2003; 2005 (181), Sch 1 [2].

49 Development on Lots 72 and 73, DP 880066, Lot 1, DP 1013658, Lot 102, DP 1002929 and Lot 2, DP 776475, Powers and Station Roads, Seven Hills

(1)  This clause applies to land shown edged heavy black and marked “clause 49” on the map marked “Blacktown Local Environmental Plan 1988 (Amendment No 178)”.

(2)  Despite any other provision of this plan, a person may, with the consent of the council, use the land to which this clause applies for a high technology industry, that is, for an enterprise that has as its primary function the manufacture, development, production, processing or assembly of, or research into, any of the following:

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

(b)  information technology, computer software or hardware or similar products,

(c)  instrumentation or instruments,

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

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

(3)  Despite any other provision of this plan, a person may, with the consent of the council, erect offices on the land to which this clause applies if:

(a)  the offices are associated with but not necessarily ancillary to any other purpose for which the land is used, being a purpose that is permissible under this plan, and

(b)  the offices have a direct relationship to a current use of the land that is permissible under this plan.

(4)  In determining an application to carry out development for a purpose or purposes specified in subclause (2) or (3), the council must give consideration to a Transport Management and Accessibility Plan that:

(a)  identifies the potential cumulative traffic and transport impacts of future development on the land concerned, and

(b)  recommends appropriate mitigatory measures for any adverse traffic and transport impacts that are identified, and

(c)  identifies any works that may be required to ensure that direct, safe and convenient pedestrian and cycle links to Seven Hills Railway Station and Bus Station are provided, and

(d)  establishes a target modal split for the land concerned, having regard to the site’s proximity to public transport in the surrounding area, and

(e)  identifies an innovative approach to managing on-site car parking provision, to encourage the use of transport modes other than private car, and

(f)  addresses relevant State Government transport initiatives.

(5)  The council must not grant consent to carry out development for a purpose or purposes specified in subclause (2) or (3) unless the council has had regard to the Transport Management and Accessibility Plan.

(6)  The requirements outlined in subclause (4) and (5) may be waived for applications concerning development that the council considers is of a minor nature.

(7)  In addition to any other requirement of this plan, the council must not grant consent to development of the land to which this clause applies, other than the use of the buildings existing on the land as at the commencement of Blacktown Local Environmental Plan 1988 (Amendment No 178), unless the Council is satisfied:

(a)  that appropriate measures to address water quality issues on the site and in downstream waterways are undertaken, and

(b)  that there will not be an adverse impact on drainage flows upstream or downstream of the proposed development resulting from the proposed development or from any activities on the subject land.

cl 49: Ins 7.3.2003.

50 Development of certain land in the Colebee Release Area

(1)  This clause applies to the land shown edged heavy black on the Colebee Release Area map.

(2)  In this clause:

Colebee Release Area map means the map marked “Blacktown Local Environmental Plan 1988 (Amendment No 193)”.

the Aboriginal Heritage Site means the area so identified on the Colebee Release Area map.

the riparian environmental corridor means the riparian zone along Eastern Creek or Bells Creek, the general extent of which is shown hatched on the Colebee Release Area map.

Note—

The area marked “Aboriginal Heritage Site” shown edged heavy black on that map is covered by a voluntary conservation order.

(3)  The council must not consent to the carrying out of development for any purpose on the land to which this clause applies unless it is satisfied that appropriate arrangements have been made for the ongoing protection and management of the Aboriginal Heritage Site.

(4)  The council must refer any development application relating to an area directly adjacent to the Aboriginal Heritage Site to the NSW Department of Environment and Conservation for comment and must not consent to the carrying out of the development until:

(a)  the council has received and considered advice with respect to the development application from the Department, or

(b)  the council has been notified by the Department that it does not wish to provide any advice with respect to the development application, or

(c)  28 days have elapsed since a copy of the development application was referred to the Department for comment,

whichever first occurs.

(5)  The council must not consent to the carrying out of development for any purpose (other than a golf course) on the land to which this clause applies unless it is satisfied that:

(a)  any facilities that are to be provided to serve the needs of the residents are located to ensure convenience of access and are to be provided at the earliest opportunity, and

(b)  adequate provision has been or is to be made for pedestrian and bicycle access within the land and connecting to other land, and

(c)  the proposed development of the land is capable of accommodating bus access and bus stops for the provision of public transport services throughout the development site, and

(d)  satisfactory road connections to the external road network are in place, and

(e)  the proposed development will not restrict the obtaining of extractive material from the adjoining extractive industry, and

(f)  consistently with relevant NSW Department of Environment and Conservation policies and guidelines, the impacts of particulates, noise and odours associated with the adjoining extractive industry have been assessed and appropriate mitigation arrangements have been or are to be made.

(6)  The council must not consent to development for the purpose of a sewage treatment plant on the land to which this plan applies until, consistently with relevant NSW Department of Environment and Conservation policies and guidelines, an odour impact assessment has been undertaken demonstrating, in accordance with section 129 of the Protection of the Environment Operations Act 1997, that any offensive odour will not impact on any existing dwellings.

(7)  The council must not consent to the subdivision of land to which this clause applies that is within 400 metres of a sewage treatment plant (or any associated effluent storage pond) until, consistently with relevant NSW Department of Environment and Conservation policies and guidelines, an odour impact assessment has been undertaken demonstrating, in accordance with section 129 of the Protection of the Environment Operations Act 1997, that any offensive odour will not impact on any dwellings erected on the subdivided land.

(8)  In addition to the purposes for which development on land within Zone No 2 (a) is permitted with the consent of the council, an area of land to which this clause applies that is not greater in total than 4 hectares may, with the consent of the council, be used for the following purposes:

(a)  a club related to a golf course located on land within Zone No 6 (b),

(b)  access to the club from a public road,

(c)  a connection between different parts of the golf course,

(d)  tourist accommodation (up to a maximum of 150 rooms) associated with the golf course.

(9)  Prior to the commencement of operations of a golf course on land within Zone No 6 (b), the council must not consent to the carrying out of any other development on land within that Zone that is not associated with the golf course or the provision of utilities or services to adjoining land within Zone No 2 (a).

(10)  In deciding whether to consent to any development on land to which this clause applies that is within 40 metres of Eastern Creek or Bells Creek (when measured from the top of the bank of the creek), the council is to have regard to the following:

(a)  the nature and function of the riparian environmental corridors affected by the proposed development,

(b)  the impact of the proposed development on the riparian environment,

(c)  whether the area has high biological diversity, and

(d)  whether the land has connective importance as part of the corridor of bushland that allows for the potential passage of species of flora or fauna between two or more areas of bushland.

(11)  Any incursion into the riparian environmental corridor along Eastern Creek related to development for the purposes of a golf course must not exceed a total area of 0.8 hectare.

(12)  This clause has effect despite any other provisions of this plan.

cll 50: Ins 2005 (181), Sch 1 [3].

51 Restriction on certain subdivisions in Colebee Release Area

(1)  This clause applies to land to which clause 50 applies that is within a residential zone.

(2)  The council must not consent to the subdivision of land to which this clause applies that will create a lot with an area of less than 40 hectares unless:

(a)  the Director-General has certified in writing to the council that satisfactory arrangements have been made for contributions to the provision of regional transport infrastructure and services in relation to the land comprising that lot, and

(b)  the provisions of any agreement for those or any other contributions relating to the proposed development have been complied with.

(3)  The object of contributions referred to in subclause (2) (a) is to require assistance towards the provision of regional transport infrastructure and services to satisfy needs that will arise from intensive urban development of land to which this clause applies.

(4)  The reference in subclause (2) to a lot of less than 40 hectares does not include a reference to any such lot:

(a)  that is identified in the certificate of the Director-General as a residue lot, or

(b)  that is proposed in the development application to be reserved or dedicated for public open space, public roads, public utilities, educational facilities or any other public purpose.

(5)  This clause does not apply to a subdivision of land for the purpose of rectifying an encroachment on any existing allotment.

(6)  State Environmental Planning Policy No 1—Development Standards does not apply to development to which this clause applies.

(7)  This clause has effect despite any other provisions of this plan.

cll 51: Ins 2005 (181), Sch 1 [3].

Schedule 1

(Clause 9)

Amusement centres
Animal boarding establishments where dogs are kept
Auction rooms
Brothels
Bulk stores
Bulky goods retail establishments
Caravan parks
Clubs
Commercial premises
Extractive industries
Gas holders
Generating works
Hardware stores
Hazardous industries
Hazardous storage establishments
Helipads
Heliports
Highway service centres
Hotels
Industries
Institutions
Intensive lot feeding of livestock
Junk yards
Landscape supply businesses
Light industries
Liquid fuel depots
Manufactured home estates
Methadone dispensaries
Mineral sand mines
Mines
Mortuaries
Motor showrooms
Offensive industries
Offensive storage establishments
Places of assembly
Plant and equipment hire establishments
Plant nurseries
Produce stores
Public buildings
Refreshment rooms
Roadside stalls
Rural industries
Rural worker’s dwellings
Sawmills
Service centres
Service stations
Shops
Stock and sale yards
Storage yards
Taverns
Timber yards
Tourist facilities
Transport terminals
Warehouses

sch 1: Am 24.12.1992; 4.6.1993; 15.7.1994; 18.10.1996; 11.4.1997; 13.2.1998; 20.2.1998; 17.3.2000; 24.3.2000; 9.6.2000; 31.8.2001; 2006 (465), Sch 1 [7].

Schedule 2 Heritage items

(Clause 13)

Blackett

Community Centre—Rutherglen—Lot 29, DP 242200, Sorenson Crescent

Blacktown

House—Lot 27, Section Q, DP 2161, Clifton Street

House—Lot 28, DP 1003961, Clifton Street

House—Lot 12, DP 627441, Erith Street

Former Blacktown Primary School—Lot 32, DP 834989, Flushcombe Road

House—Lot 2, DP 25202, Harold Street

Gates—Lot 21, DP 28651, Public Reserve, Lancelot Street

House—Lot 2, DP 218697, Lyton Street

House—Dayton House—Lots 1 and 2, DP 711182, Roger Place

House—Lot 30, Section K, DP 2161, Sarsfield Street

House—Lot 4, DP 20921, Sarsfield Street

House—Lots 17 and 18, Section R, DP 2161, Wallace Street

Doonside

House—Lot A, DP 337219, Earle Street

House—Hill End—Lot 4, DP 418184, Hill End Road

House—Lot 3, DP 773651, Hill End Road

House—Ellalong—Lot 8, DP 233682, Lindsay Place

Eastern Creek

House—Southridge—Lot 1, DP 233539, Old Wallgrove Road

Glenwood

House—Glenwood—Lot 2009, DP 831033, Glenwood Park Drive

House—Part of Lot 1, DP 1032672, Maley Grove

Great Western Highway

Seven Milestones along the Highway at Prospect, Huntingwood, Minchinbury and Mount Druitt

Kellyville

House—Merriville—Lot 11, DP 828440, Vinegar Hill Road

Place—Battle of Vinegar Hill—Part of Lot 2, DP 129670, Windsor Road

Kings Park

Church—St Anthony’s—Lot 120, DP 1039119, Bowmans Road

Marayong

Church—Part of Lot 101, DP 1013737, Quakers Road

Marsden Park

House—Part of Lot 13, DP 1358, Clifton Street

School Building—Lot 1, DP 911095, Garfield Road West

Hall—Lot 1, DP 744370, Grange Avenue

House and Farm Buildings—Clydesdale—Lot 2, DP 260476, Richmond Road

Cemetery—St Phillip’s Church Cemetery—Part of Lot 1, DP 584309, Richmond Road

House—Part of Lot 1, DP 861978, Vine Street

Minchinbury

Trees—Rows of Olives—Lots 9118 and 9119, DP 730969 and Lot 8078, DP 732456, Minchin Drive

Former Winery—Minchinbury Winery—Lot 108, DP 1025949, Minchin Drive

Mount Druitt

School Building—Colyton Public School—Part of Lot 1, DP 540163, Great Western Highway

House—former Schoolmaster’s Residence—Part of Lot 1, DP 540163, Great Western Highway

House—Neoblie—Lots 1 5, DP 34648, Great Western Highway

Place—Mount Druitt Waterholes—Lot 1, DP 90408 and Lot 19, DP 242102, Simpson Hill Road and Great Western Highway

House—Malmo—Part of Lot 201, DP 845114, Luxford Road

House—former Mount Druitt Stationmaster’s Residence—Lots 1 and 3, DP 739940, Mount Druitt Road

House—Burns House—Lot 4, DP 32319, Mount Druitt Road

Hall—Mount Druitt Hall—Lots 1 and 2, Section 5, DP 1128, Mount Druitt Road

Church—Bethel Assembly Church—Lot 2, DP 510439, Mount Druitt Road

Church—Lot 1, DP 953447, Mount Druitt Road

School Building—Siglingen—Lot 2, DP 30191, Mount Druitt Road

House—Howard Villa—Lot 7, DP 598310, Ropes Creek Road

House—The Manse—Part of Lot X, DP 412362 and part of Lot 12, DP 28045, The Avenue

Oakhurst

House—The Oaks—Lot 2, DP 235677, Hanna Place

Archaeological site—Native Institution Site—Part of Lot 5001, DP 869400, Rooty Hill Road North

Parklea

House—Meurants Cottage—Lot 52, DP 869799 and Lot 5028, DP 883517, Meurants Lane

House—Part of Lot 606, DP 1015876, Meurants Lane

Road—Old Windsor Road 40 metres south of Meurants Lane to the proposed Castlereagh Freeway and from Caddies Creek 280 metres southward

Plumpton

House—Lozells—Lot 150, DP 132836, Cannery Road

House—Woodstock—Lots 423 and 428, DP 812674, Hobson and Dexter Places

School Building—Plumpton Primary School—Part of Lot 10, DP 842747, Rooty Hill Road North

House—Part of Lot 31, DP 709050, Rooty Hill Road North

House—Alroy—Lot 11, DP 1024861, Rooty Hill Road North

Prospect

Electricity Substation—Lots 21 and 22, DP 14084, Blacktown Road

Electricity Substation—Lot 1, DP 327465, Blacktown Road

House and Original School Building—Part of Lot 1, DP 794271, Blacktown Road

Church and Cemetery—St Bartholomew’s—Lots 221 224, DP 812455 and Lot 1, DP 325874, Ponds Road

Veteran Hall—Part of Pt Lot 1, DP 1031817, Reservoir Road

Prospect Reservoir Group—Pt Lots 1 and 2, DP 1031817, Reservoir Road, comprising:

Upper Valve House and Lower Valve House

Pincott’s Roller

The Landscape

Inn—Royal Cricketer’s Arms Inn—Lot 111, DP 839532, Reservoir Road

House—Lot C, DP 374323, Reservoir Road

House—Lot 140, DP 1003460, Tarlington Place

Quakers Hill

Church—Norwest Community Church—Lot 1, DP 168238, corner of Douglas and Eastern Roads

Riverstone

House—Lot 3, DP 100111, Bourke Street

House—Lots 14 and 15, DP 1396, Bourke Street

House—Hebe Farm—Part of Lot 1, DP 527115, Bridge Street

House—Lot 3, DP 204466, Church Street

House—Nu Welwyn—Part of Lot 5, DP 229296, Clarke Street

House—Lot 11A, DP 322406, Crown Street

Police Station—Part of Lot 2, DP 546708, Elizabeth Street

Church—St Paul’s Anglican Church—Lot 23, Section C, DP 712, Elizabeth Street

House—Lot 1, DP 627842, Elizabeth Street

House—Lot D, DP 413564, Elizabeth Street

House—Redgate—Part of Lot 38, DP 2518, Farm Road

Shops—Parrington Terrace—Lot 39, DP 864977 and Lots 4 and 5, DP 261340, Garfield Road East

Church—St Andrew’s Uniting Church—Lot 2, DP 615353, Garfield Road East

House and Shop—Lots 11 and 12, DP 1444, Garfield Road East

Former Riverstone Public School—Part of Lots 22 26, DP 1444, corner of Piccadilly Street and Garfield Road East

Bicentennial Museum—formerly Public School, then Masonic Hall—Part of Lot 2, DP 588227, Garfield Road East

Church—St John’s Catholic Church—Part of Lot 20, Section N, DP 712, Garfield Road East

Convent—Part of Lots 1–6, DP 1003771 and Lots 13–18, DP 1342, Garfield Road East

House—Rosebank—Part of Lot 5, DP 788571, Garfield Road East

House—Lot A, DP 335882, Garfield Road East

Shop—former Butcher’s Shop—Part of Lot 10, DP 736235, Garfield Road West

Cemetery—Riverstone General Cemetery—Lots 1–9, CLP 509–3000, Garfield Road West

House and Slab Cottage—Lots 17, 18 and 22, Section 16, DP 1477, Garfield Road West

House—Lot 2, DP 873546, George Street

House—Lot 1, DP 302145, King Street

House—Lot 2, DP 302145, King Street

House—Lot Y, DP 396795, Park Street

Slab Building—Riverstone High School—Part of Lot 1, DP 800352, Regent Street

House—Lot 202, DP 831414, Regent Street

House—Part of Lot 211, DP 830505, No 7 Richards Avenue

House—Part of Lot 211, DP 830505, No 17 Richards Avenue

Group of Workers’ Cottages—Part of Lot 211, DP 830505, Nos 23, 25, 27, 29, 31, 33, 37, 39, 43, 45, 47 and 49 Richards Avenue

House—former Stationmaster’s Residence—corner of Garfield Road East and Riverstone Parade

War Memorial—Riverstone Parade

Railway Station Group—Riverstone Parade

House—Cassola—Part of Lot 19, Section F, DP 712, Riverstone Road

House—Lot 1, DP 525268, Riverstone Road

House—Warrawong—Part of Lot 15, Section P, DP 712, Riverstone Road

House—Lot 1, DP 502547, West Parade

Rooty Hill

Archaeological site—Ruins of the Government Depot—Part of Lot 36, DP 8995, Dunsmore Street

House—Fairholme (now part of St Agnes High School)—Part of Lot 2, DP 579138, Evans Road

House—Lot 34, DP 239092, Mary Street

House—Lot D, DP 406713, Perkins Street

Hotel—Imperial Hotel—Lot 1, DP 865716, Rooty Hill Road North

House—Lot 2, DP 549533, Rooty Hill Road North

Hall—School of Arts—Lot 1, DP 922399, Rooty Hill Road South

House—Lot 17, DP 658117, Rooty Hill Road South

House—Belvedere—Lot 2, DP 135775, Rooty Hill Road South

Church—Pioneer Memorial Church—Land in DP 909138, Rooty Hill Road South

House—Watts Cottage—Lot 3, DP 624197, Watt Street

Rouse Hill

House and other Buildings—Rouse Hill—Lot 1, DP 815213, Windsor Road

Seven Hills

House—Fairholme—Lot 102, DP 631570, First Avenue

School Building—Meadows Public School—Lot 34, Section 12, DP 2360, Fuller Street

Two Weatherboard School Buildings—Seven Hills North Public School—Part of Lot 221, DP 752051, Seven Hills Road

Church, Rectory and Hall—formerly St Andrew’s Church Group—Lot 1, DP 338023 and Lot 1, DP 778916, Seven Hills Road

House—Lot 31, DP 619883, Seven Hills Road

House—Leslie View—Lot 4, DP 215037, Seven Hills Road South

Former Grantham Poultry Research Station—Lots 360–362, DP 48686 and Lot 4, DP 739331, Seven Hills Road South, comprising Melrose House and Drumtochty and their surrounds

House—Four Oaks—Lot 2, DP 30173, Solander Road

sch 2: Am 3.1.1992; 7.5.1993; 28.1.1994; 24.5.1996. Subst 12.4.2002. Am 2.8.2002; 11.7.2003; 2005 (372), cl 4; 2006 (463), Sch 1 [2].

Schedule 3

(Clause 17 (1) (c))

1  Lots 4 and 5, DP 231484, Flushcombe Road, Prospect.

2  Lots 184–188, DP 8716, Augusta Street, Prospect.

3  Part lots A, 1, 4 and 5, DP 327540, Great Western Highway, Eastern Creek.

4  Lot 1, DP 217124, Old Western Road, Prospect.

5  Lot 1, DP 224191, Old Western Road, Prospect.

Schedule 4 Classification or reclassification of public land as operational land

(Clause 39)

Part 1

Bidwill
Birch Place and Chestnut Crescent	Part of Lot 16, DP 251579, as shown edged heavy black on the map marked “Classification Map No 10”.
Chestnut Crescent	Lot 5, DP 251579
Cupania Crescent	Part of Lot 15, DP 251579, as shown edged heavy black on the map marked “Classification Map No 10”.
Daniels Road	Lot 84, DP 251581
Lindley and Petrie Close	Lot 102, DP 600024
Lindley Square	Lot 34, DP 251580
Luxford Road	Part Lot 16, DP 251579, as shown edged heavy black on the map marked “Classification Map No 8”.
Luxford Road and Chestnut Crescent	Lot 70, DP 251629
Tout Road	Lot 1, DP 251579 as shown edged heavy black on the map marked “Classification Map No 10”.
Blacktown
Northeastern corner of Balmoral and Alpha Streets	Part Lot 69, DP 12443, as shown edged heavy black on the map marked “Classification Map No 7”.
Reservoir Road	Lot 180, DP 29767, as shown edged heavy black on the map marked “Classification Map No 2”.
Marayong
Quakers Road	Lot 10, DP 774522, Lot 2, DP 732373, Lot 80, DP 263505, part of Lot 9, DP 774522, part of Lot 11, DP 774522, part of Lot 1, DP 77685, and part of Lot 111, DP 244304 as shown edged heavy black on the map marked “Blacktown Local Environmental Plan 1988—Classification Map No 9”.
Oakhurst
Florence Street	Part of Lots 15, 16 and 17, Section 1, DP 5893, as shown edged heavy black on the map marked “Classification Map No 4”.
Shaughnessy Street	Lots 20, 21 and 22, Section 2, DP 5172, as shown edged heavy black on the map marked “Classification Map No 4”.
Plumpton
Rooty Hill Road North	Part of Lot 162, DP 838806 and part of Lots 21–26, Section 2, DP 5094, as shown edged heavy black on the map marked “Classification Map No 1”.
Prospect
Cowley Crescent	Lot 52, DP 259876, as shown edged heavy black on the map marked “Classification Map No 6”.
Rooty Hill
John Street	Part of Lot 11, Sec 5, DP 8981, as shown edged heavy black on the map marked “Classification Map No 12”.

Part 2

Blacktown
David Lane	Lot 2, DP 212564, as shown edged heavy black on the map marked “Classification Map No 22”—Easement for electricity purposes and right of carriageway affecting the easement (J154642) and transfer of right of carriageway (X344424) noted on Certificate of Title Vol 9281 Fol 43—Blacktown Local Environmental Plan 1988 (Amendment No 172).
David Lane	Lot 20, DP 29715, as shown edged heavy black on the map marked “Classification Map No 22”—Blacktown Local Environmental Plan 1988 (Amendment No 172).
David Lane	Lot 3B, DP 419920, as shown edged heavy black on the map marked “Classification Map No 22”—Blacktown Local Environmental Plan 1988 (Amendment No 172).
Flushcombe Road	Lot 33, DP 834989, as shown edged heavy black on the map marked “Classification Map No 22”—Blacktown Local Environmental Plan 1988 (Amendment No 172).
Sunnyholt Road	Lot 1, DP 599489, as shown edged heavy black on the map marked “Classification Map No 23”—Easement for transmission line (H478705) noted on Certificate of Title Folio Identifier 1/599489—Blacktown Local Environmental Plan 1988 (Amendment No 190).
Templar Street	Lot 2, DP 554769, as shown edged heavy black on the map marked “Classification Map No 25”—Easements for drainage noted on Certificate of Title Folio Identifier 2/554769—Blacktown Local Environmental Plan 1988 (Amendment No 204).
Westfield Place	Lot A, DP 419920, as shown edged heavy black on the map marked “Classification Map No 22”—Cross easements (H456730) noted on Certificate of Title Vol 8128 Fol 159—Blacktown Local Environmental Plan 1988 (Amendment No 172).
Westfield Place	Lot 8, DP 107859, as shown edged heavy black on the map marked “Classification Map No 22”—Blacktown Local Environmental Plan 1988 (Amendment No 172).
Doonside
Alt Place	Part of Lot 1377, DP 778135, as shown edged heavy black on the map marked “Classification Map No 19”—Blacktown Local Environmental Plan 1988 (Amendment No 157).
Mount Druitt
The Avenue	Part of Lot X, DP 412362, part of Lot 12, DP 28045 and Lot 30, Section 2, DP 1128, as shown edged heavy black and lettered “Operational land” on the map marked “Classification Map No 20”—Drainage easements noted on Certificates of Title Folio Identifiers 12/28045 and 30/2/1128—Blacktown Local Environmental Plan 1988 (Amendment No 170)
Seven Hills
Athabaska Avenue	Lot 121, DP 225173, as shown edged heavy black on the map marked “Classification Map No 27”—Blacktown Local Environmental Plan 1988 (Amendment No 212)
Shalvey
Luxford Road	Part of Lot 10, DP 242026, as shown edged heavy black on the map marked “Classification Map No 14”—Blacktown Local Environmental Plan 1988 (Amendment No 123).
Tregear
Aurora Drive	Lot 107 DP 241853, as shown edged heavy black on the map marked “Classification Map No 15”—Blacktown Local Environmental Plan 1988 (Amendment No 134).

Part 3

Quakers Hill
Bali Drive	Lot 5, DP 858039, as shown edged heavy black on the map marked “Classification Map No 18”.
Rooty Hill
Rooty Hill Road North	Lot 3, DP 869121, as shown edged heavy black on the map marked “Classification Map No 21”.

sch 4: Ins 3.3.1995. Am 16.6.1995; 23.6.1995; 21.7.1995; 1.3.1996; 24.1.1997; 20.2.1998; 6.11.1998; 1.4.1999; 2.6.2000; 8.9.2000; 15.6.2001; 10.8.2001; 2.8.2002; 16.8.2002; 1.11.2002; 18.6.2004; 2005 (719), Sch 1 [2]; 2005 (776), Sch 1 [2].

Schedule 5 Classification or reclassification of public land as community land

(Clause 40)

Doonside
Hill End Road	Part of Lot 362, DP 262199, as shown edged heavy black on the map marked “Classification Map No 29”.
Minchinbury
McFarlane Drive	Lot 3203, DP 713512, as shown edged heavy black on the map marked “Classification Map No 17”.
Tod Place	Lot 4213, DP 264477, as shown edged heavy black on the map marked “Classification Map No 17”.
Mount Druitt
Fuller Street	Lot 10, Section P, DP 2042, Lots 17 and 18, Section Q, DP 2042, and part of Fuller Street, as shown edged heavy black on the map marked “Classification Map No 16”.
Miller Street	Lots 8, 9, 10 and 11, Section Q, DP 2042, and part of Miller Street, as shown edged heavy black on the map marked “Classification Map No 16”.
Paull Street	Lot 20, Section Y, DP 2042, and part of Paull Street, as shown edged heavy black on the map marked “Classification Map No 16”.
Tidswell Street	Lot 20, Section P, DP 2042, as shown edged heavy black on the map marked “Classification Map No 16”.
The Avenue	Lot 1, DP 410177 and Lot Y, DP 412362, as shown edged heavy black and lettered “Community land” on the map marked “Classification Map No 20”.
Oakhurst
Florence Street	Part of Lot 172, DP 817018, and part of Lot 20, Section 2, DP 5893, as shown edged heavy black on the map marked “Classification Map No 4”.
Shaughnessy Street	Lots 22, 23, 24 and part of Lot 25, Section 3, DP 5172, as shown edged heavy black on the map marked “Classification Map No 4”.
Prospect
Edgeware Road	Lot 61, Section F, DP 1645, as shown edged heavy black on the map marked “Classification Map No 11”.
Rooty Hill
John Street	Part of Lot 11, Sec 5, DP 8981, as shown edged heavy black on the map marked “Classification Map No 13”.

sch 5: Ins 23.6.1995. Am 1.4.1999; 7.5.1999; 25.8.2000; 2.2.2001; 2.8.2002; 2006 (45), Sch 1 [2].

Schedule 6 Exempt development

(Clause 9A)

Item	Type of development	Criteria
1	Access ramp	(a)  Applies only to a Class 1 or private Class 10 building. (b)  Maximum overall height 1m. (c)  Maximum grade 1 (vertical): 8 (horizontal). (d)  Located within the property boundaries.
2	Advertisement	General provisions that are applicable to each advertisement including a street sign, directional sign or traffic management sign: (a)  Does not cover, obstruct or interfere with facilities essential to the function or occupation of any building (eg ventilation ducts/openings and architectural features). (b)  Does not incorporate flashing or moving components. (c)  Each element incorporated in the advertisement is structurally adequate.
	2.1 Awning or under awning sign (illuminated and non-illuminated)	(a)  Within a Business or Industrial zone. (b)  One per premises. (c)  Securely attached to the awning. (d)  Maximum area 2m2. (e)  Under awning sign minimum height 2.6m above any footway. (f)  Minimum horizontal distance 600mm from the road kerb/shoulder. (g)  Minimum horizontal distance 3m from any other awning sign or under awning sign.
	2.2 Business identification sign	(a)  Within a Residential, Rural or Special Uses zone. (b)  Limited to a flush or painted wall sign and pole or pylon sign. (c)  One per premises. (d)  Maximum area 1m2. (e)  Located within the property boundaries. (f)  Not directly illuminated by either an external or internal light source. (g)  Maximum overall height 2m above any adjacent ground level.
	2.3 Development advisory sign and real estate sign	(a)  Limited to a flush or painted wall sign and pole or pylon sign. (b)  One per road frontage. (c)  Maximum area 2.5m2 in a Residential, Rural, Special Uses or Open Space zone and maximum area 4m2 in a Business or an Industrial zone. (d)  Does not obstruct pedestrian or road traffic vision or otherwise interfere with public safety. (e)  Not erected or placed in, on, or above any public place. (f)  Maximum overall height 2m in a Residential, Rural, Special Uses or Open Space zone and maximum overall height 3m in a Business or Industrial zone. (g)  Not directly illuminated by either an external or internal light source where within a Residential, Rural, Special Uses or Open Space zone. (h)  A development advisory sign relates to a property with an approved Development Application. (i)  A development advisory sign must be removed within 10 days from completion of the development.
	2.4 Fascia sign	(a)  Within a Business or Industrial zone. (b)  Not to project above or below the fascia or return end of the awning to which it is attached.
	2.5 Fin or projecting wall sign (illuminated and non-illuminated)	(a)  Within a Business or Industrial zone. (b)  One per premises. (c)  Securely attached to wall. (d)  Maximum area 2.5m2. (e)  Minimum height 2.6m above any footway. (f)  Minimum horizontal distance 600mm from the road kerb/shoulder. (g)  Not to extend above the top of the wall to which it is attached.
	2.6 Flush or painted wall sign	(a)  Within a Business or Industrial zone. (b)  One per premises. (c)  Securely attached to wall. (d)  Minimum height 2.6m above any footway. (e)  Maximum area 2.5m2.
	2.7 School sign	(a)  Within a school zone or on land used for a primary or secondary education purpose approved by the council. (b)  Maximum area 1m2 per sign. (c)  Minimum distance 3.5m from any other sign. (d)  Maximum overall height 1.5m above adjacent ground level. (e)  Maximum of 6 signs per road frontage. (f)  Not directly illuminated by any external or internal light source.
	2.8 Temporary sign (such as a banner, notice board or the like)	(a)  Not erected or placed in, on or above any public place. (b)  Maximum 1 per property. (c)  Maximum area 4m2.
	2.9 Top hamper sign	(a)  Within a Business or Industrial zone only. (b)  Securely attached to the wall transom. (c)  Maximum area 2.5m2. (d)  Maximum height 500mm above the top of the door opening.
	2.10 Window sign	(a)  Within a Business or Industrial zone. (b)  Maximum aggregate area of signs on a window is 20% of the window area.
3	Air conditioning unit	(a)  Applies only to a Class 1 or Class 10 building within a Residential or Rural zone. (b)  Any openings in external walls to be adequately waterproofed. (c)  Structural integrity of building not adversely affected. (d)  Compliance with noise control requirements of the Protection of the Environment Operations Act 1997.
4	Amenities building, constructed by or for the council (including change room, toilet, kiosk, and other like facilities)	(a)  Maximum area 100m2. (b)  Maximum overall height 3m above adjacent ground level. (c)  Compliance with any relevant Australian Standard. (d)  Located on land zoned 6 (a) Public Recreation or 5 (a) Special Uses—General Zone where drainage is the use indicated. (e)  Located minimum 20m from any residential land. (f)  Any roofwater drains to a street or interallotment drainage system or other existing approved stormwater drainage system. (g)  Does not include a grandstand.
5	Animal enclosure	(a)  Maximum area 5m2 (aggregate). (b)  Maximum overall height 2.5m above adjacent ground level. (c)  Located minimum 6m from any adjacent dwelling, shop, factory, school or place of public worship. (d)  Located a minimum of 20m from any property boundary adjoining a public place or behind any existing authorised building setback (whichever is the lesser) and a minimum 6m from any other property boundary. (e)  Applies to an enclosure for the housing of domestic pets. (f)  Complies with the council’s Local Orders Policy for the Keeping of Animals on Private Property. (g)  Located behind the building line in the Rural zone.
6	Awning, including a deck or patio roof, shade canopy or storm blind	(a)  Maximum aggregate area 10m2 for rigid structures and 20m2 for flexible (sail-type) structures. (b)  Maximum overall height 2.5m above adjacent ground level. (c)  Located minimum 500mm from any property boundary. (d)  Located behind the existing building line or, alternatively, minimum 20m from any property boundary or public place. (e)  Any roofwater is drained to the existing stormwater drainage system.
7	Barbecue structure	(a)  Maximum area 5m2 (aggregate). (b)  Maximum overall height 2.5m above adjacent ground level. (c)  Located minimum 500mm from any side or rear property boundary. (d)  Located behind the existing building line, or where there is none, minimum 20m from the front property boundary.
8	Cabana, greenhouse or gazebo	(a)  Maximum area 10m2 (aggregate). (b)  Maximum height 2.5m above adjacent ground level. (c)  Located behind existing building line, or where there is none, located a minimum 20m from the property boundary adjoining a public place. (d)  Any roofwater drains to a street or interallotment drainage system or other existing approved stormwater drainage system.
9	Clothing recycling bin	(a)  Installed within a building. (b)  Has written consent from the owner of the building. (c)  Does not interfere with required exits, paths of travel to exits and installed fire fighting equipment services. (d)  Maintenance schedule in place to ensure bin and adjacent areas kept clean and tidy.
10	Cubbyhouse	(a)  Associated with the existing residential use of land. (b)  Maximum area 5m2 (aggregate). (c)  Maximum height 2.5m above adjacent ground level. (d)  Located minimum 500mm from any side or rear property boundary. (e)  Located behind the existing building line, or where there is none, minimum 20m from any property boundary.
11	Day care centre	Within a Residential or Rural zone.
12	Deck (unroofed) or landing	(a)  Not located within a swimming pool area. (b)  Attached to existing dwelling. (c)  Maximum area 10m2 (aggregate). (d)  Floor level maximum 500mm above adjacent ground level. (e)  Minimum 500mm from any side or rear property boundary. (f)  Located behind existing building line, or where there is none, minimum 20m from any property boundary.
13	Demolish a Class 10 building or other development that is “exempt development”	(a)  Maximum floor area 50m2. (b)  Undertaken in accordance with AS 2601—2001, Demolition of structures, and where applicable, the WorkCover Authority of NSW publications Your guide to working with asbestos (March 2003) and Fibro and asbestos—a renovator and homeowner’s guide (September 2004), or any succeeding Standard or publication. (c)  All demolition works undertaken have regard to the council’s Site Waste Management and Minimisation Development Control Plan.
14	Development ancillary to the private residential use of land (including play equipment, clothes line, landscaping, water feature, letter box, pavement, parking and stormwater drainage on private land connecting to a public stormwater or council approved drainage system or the like).	(a)  Not ancillary to work involving any vehicular crossing or disturbance of the footway. (b)  Installed to manufacturer’s specifications or relevant Australian Standard, where applicable. (c)  Any landscaping water feature (such as a fishpond) being maximum 300mm deep and maximum area 5m2 (aggregate). (d)  Not located on or over public land. (e)  Any impervious pavement does not concentrate or alter the natural flow of surface water unless such water is graded and drained to a drainage system that complies with AS/NZS 3500.3:2003, Plumbing and drainage, Part 3: Stormwater drainage and connects to a public stormwater or council approved drainage system.
15	Fence, dividing or boundary (other than a fence required by the Swimming Pools Act 1992)	General provisions that are applicable to all fencing: (a)  Not to interfere with the natural flow of surface water. (b)  Not erected on or over a public place. (c)  Maximum overall height 900mm above any adjacent ground level, if constructed of masonry or brickwork. (d)  Not electrified or constructed of barbed wire or similarly dangerous materials.
	15.1 Front or side fence forward of the building line	(a)  Maximum overall height (including any retaining wall on which it may be erected) 900mm above any adjacent ground level if constructed of timber panels/palings or pre-coloured sheet metal. (b)  Maximum overall height (including any retaining wall on which it may be erected) 1.2m above any adjacent ground level if constructed of open and decorative materials (eg picket, ranch style, wrought iron).
	15.2 Rear fence and side fence between the building line and rear boundary	Maximum overall height 1.8m above adjacent ground level if constructed of timber, pre-coloured sheet metal, chain mesh, or similar lightweight materials.
	15.3 Security fence enclosing only a council or public authority depot/compound	No specific criteria.
16	Flagpole	(a)  Maximum overall height 6m above adjacent ground level. (b)  Installed to manufacturer’s specifications. (c)  Maximum flag area 2m2. (d)  Maximum 1 flagpole for each property. (e)  Located within the property boundaries. (f)  Not used for general advertising purposes.
17	Garage sale	(a)  Associated with the existing residential use of land. (b)  Maximum 2 sales in any one calendar year. (c)  Conducted during daylight hours. (d)  No goods, items, signs or the like are to be placed upon any public place. (e)  Maximum 2 days per sale.
18	Garden shed/lawn locker	(a)  Within a Residential or Rural zone. (b)  Freestanding. (c)  Maximum floor area 10m2. (d)  Maximum overall height 2.5m above adjacent ground level. (e)  Located behind the existing building line or, alternatively, minimum 20m from the front property boundary. (f)  Maximum 2 sheds for each property. (g)  Located minimum 500mm from any side or rear property boundary. (h)  Installed to manufacturer’s specifications, where applicable. (i)  Any roofwater drains to a street or interallotment drainage system or other existing council approved stormwater drainage system.
19	Ground cut and/or filling	(a)  Within a Residential zone. (b)  Maximum aggregate area of cut and/or fill 100m2 or 10% of the site, whichever is the greater. (c)  Minimum distance of any cut from any property boundary to be the maximum depth of the excavation/cut below adjacent ground level. (d)  Minimum distance of any fill from any property boundary to be a maximum height of the fill above adjacent natural ground level. (e)  Maximum height/depth 500mm above/below adjacent ground level. (f)  Virgin Excavated Natural Material is the only acceptable form of fill material. (g)  Not located on or over any utility service access pit/structure, easement or right of way. (h)  Designed and located so as not to interfere with the natural flow of surface water. (i)  Where not supported by a structurally adequate retaining wall, battered/sloped at a maximum gradient of 30° to the horizontal. (j)  Does not compromise the structural integrity of any adjacent structure. (k)  Soil erosion control measures complying with the council’s Soil Erosion and Sediment Control Policy are provided. (l)  The dimensions of any terracing/stepping of ground incorporating a number or series of excavations/fillings are to be maximum 500mm vertical and minimum 1.5m horizontal for any one terrace/step. (m)  Not associated with any other development requiring consent. (n)  Does not undermine or fill around any existing structure on the land. (o)  Does not undermine or fill around any existing tree on the land.
20	Minor alteration to a dwelling, residential flat building or outbuilding	(a)  Applies to a Class 1, 2 or 10 building as defined in the Building Code of Australia. (b)  Change internal features or materials of a non-structural nature only, such as: (i)  replacement of any door, wall lining, ceiling lining, flooring or deteriorated frame member with minimum equivalent materials. (ii)  renovation of any bathroom or kitchen and inclusion of built-in furniture or fittings such as a vanity, cupboard or wardrobe. (c)  Change external features or materials of a non-structural nature only, being the replacement of any wall cladding or roof covering with materials suitable for the purpose and of not more than equivalent weight. (d)  Not reduce window arrangements for light and ventilation needs, doorways for egress purposes or involve closure of open areas. (e)  Work does not change the configuration of rooms, whether by removal of walls, partitions or other means.
21	Minor alteration to a shop or commercial premises	(a)  Applies to a Class 3 and 5–9 (inclusive) building as defined in the Building Code of Australia. (b)  Non-structural work only, such as shelving, benches, fittings, equipment and partitions. (c)  Work must not compromise fire safety or affect access to any fire exit. (d)  Work must not change the configuration of rooms, whether by removal of walls or other means of structural support. (e)  Does not apply to a food shop, except where only pre-packaged food is sold.
22	Minor land remediation works	(a)  Applies only to Category 2 works as defined in State Environmental Planning Policy No 55—Remediation of Land. (b)  Work must be supervised by person(s) with appropriate qualifications and experience.
23	Minor telecommunications facility	No specific criteria.
24	Pergola	(a)  Unroofed structure only. (b)  Maximum 2 pergolas per property. (c)  Maximum aggregate area 20m2. (d)  Maximum overall height 2.5m above any adjacent ground level. (e)  Located behind the existing building line, or where there is none, minimum 20m from any property boundary. (f)  Located minimum 500mm from any side or rear property boundary.
25	Permanent group home	(a)  In an existing approved dwelling house. (b)  Occupied by people with a disability or socially disadvantaged people and resident supervisory/assistant staff. (c)  Maximum 5 bedrooms. (d)  Maximum of 2 people per bedroom.
26	Privacy screen	(a)  May be a trellis, fence or panel, but not a dividing or boundary fence. (b)  Located behind the existing building line, or where there is none, minimum 20m from any property boundary. (c)  Located minimum 500mm from any side or rear property boundary. (d)  Maximum overall height 2.5m above any adjacent ground level. (e)  Maximum length 10m (aggregate). (f)  Structurally adequate construction. (g)  Not of masonry construction.
27	Rainwater tank	General provisions (a)  The tank cannot be installed/constructed on land the surface of which generally has a slope greater than 18° from the horizontal. (b)  Does not apply to land that is a lot within the meaning of the Strata Schemes (Freehold Development) Act 1973 or the Strata Schemes (Leasehold Development) Act 1986. (c)  The rainwater tank must comply with the following requirements/criteria: (i)  The capacity or the combined capacity of tanks on a lot must not exceed 10,000 litres. (ii)  Must be designed to capture and store roofwater from gutters or downpipes on a building. (iii)  Must not collect water from a source other than gutters or downpipes on a building or a water supply service pipe. (iv)  Must be fitted with a first-flush device, being a device that causes the initial run-off of any rain to bypass the tank to reduce pollutants entering the tank. (v)  Must be structurally sound. (vi)  Must be prefabricated, or be constructed from prefabricated elements that were designed and manufactured for the purpose of the construction of a rainwater tank. (vii)  Must be assembled and installed in accordance with the instructions of the manufacturer or designer of the tank. (viii)  The tank, and any stand for the tank, must be installed and maintained in accordance with any requirements of the public authority that has responsibility for the supply of water to the premises on which the tank is installed. (ix)  The installation must not involve the excavation of more than 1 metre from the existing ground level, or the filling of more than 1 metre above the existing ground level. (x)  Must not be installed over or immediately adjacent to a water main or sewer main, unless it is installed in accordance with any requirements of the public authority that has responsibility for the main. (xi)  Must not be installed over any structure or fittings used by a public authority to maintain a water or sewer main. (xii)  No part of the tank or any stand for the tank may rest on a footing of any building or other structure, including a retaining wall. (xiii)  Must be located behind the front alignment to the street of the building to which the tank is connected (or, in the case of a building on a corner block, the tank must be located behind both the street front and street side alignments of the building). (xiv)  Must not exceed 2.4m in height above the ground level, including any stand for the tank. (xv)  Must be located at least 450mm from any property boundary. (xvi)  A sign must be affixed to the tank clearly stating that the water in the tank is rainwater. (xvii)  Any overflow from the tank must be directed into an existing stormwater system. (xviii)  Must be enclosed, and any inlet to the tank must be screeded or filtered, to prevent the entry of foreign matter or creatures. (xix)  Must be maintained at all times so as not to cause a nuisance with respect to mosquito breeding or overland flow of water. (xx)  Any plumbing work undertaken on or for the tank that affects a water supply service pipe or a water main must be undertaken: (A)  with the consent of the public authority that has responsibility for the water supply service pipe or water main, and (B)  in accordance with any requirements by the public authority for plumbing work, and (C)  by a licensed plumber in accordance with the New South Wales Code of Practice—Plumbing and Drainage produced by the Committee on Uniformity of Plumbing and Drainage Regulations in New South Wales. (xxi)  Any motorised or electric pump used to draw water from the tank or to transfer water between tanks: (A)  must not create an offensive noise, and (B)  in the case of a permanent electric pump, must be installed by a licensed electrician, and (C)  a rainwater tank with a capacity exceeding 10,000 litres may be exempt development if another environmental planning instrument applying to the land concerned provides for such a rainwater tank to be exempt development.
	27.1 Within the Rural zone	(a)  Located minimum 3m from any side or rear property boundary. (b)  Any water overflow to be drained away from the footing of any adjacent building and adjoining property.
28	Retaining wall	(a)  Maximum height 500mm above lowest adjacent ground level. (b)  Structurally adequate construction. (c)  Masonry walls to comply with any relevant Australian Standard. (d)  Designed and constructed so as not to interfere with the natural flow of surface water. (e)  Minimum distance from any property boundary to be the maximum height of the wall above any adjacent ground level. (f)  Does not compromise the structural integrity of any adjacent building or structure. (g)  The dimensions of any terracing or stepping of ground incorporating a number or series of retaining walls are be a maximum 500mm vertical and minimum 1.5m horizontal for any 1 terrace or step. (h)  Soil erosion control measures complying with the council’s Soil Erosion and Sediment Control Policy.
29	Satellite dish	General provisions that are applicable to all satellite dishes (a)  Installed to manufacturer’s specifications/engineering design. (b)  Compliance with any government communications authority requirements. (c)  Where attached to building: (i)  maximum diameter 900mm. (ii)  maximum height above roofline 1.2m at any point. (iii)  located minimum 1.5m from any property boundary. (d)  Where freestanding: (i)  maximum 1.8m diameter. (ii)  maximum overall height 3m above adjacent ground level. (iii)  located behind the existing building line, or where there is none, minimum 20m from any public place. (iv)  no part closer than 2m from any property boundary.
	29.1 Satellite dish—within Residential zones	(a)  Maximum 1 attached dish per property. (b)  Maximum 1 freestanding dish per property.
	29.2 Satellite dish—within zones other than a Residential zone	(a)  Maximum 4 attached dishes per property. (b)  Maximum 2 freestanding dishes per property.
30	Skylight roof window	(a)  Maximum area 2m2. (b)  Located minimum 900mm from property boundaries or walls separating attached dwellings. (c)  Structural integrity of the existing building not compromised. (d)  Installed to manufacturer’s instructions and adequately waterproofed.
31	Solar panel, including photo-voltaic panel	(a)  Installed to manufacturer’s specifications. (b)  Installation does not compromise the structural integrity of the building or involve structural alterations. (c)  Located within 500mm of the property boundaries. (d)  Fitted on the roof of an existing building on the property. (e)  Maximum height above roofline 1.2m at any point. (f)  The aggregate surface area of panel(s) being 25% of the surface area of the respective roof elevation or 5m2 whichever is the greater. (g)  Any opening in the roof is suitably waterproofed.
32	Street furniture, bus shelter (including any advertisement thereon), street sign (other than an illuminated street sign), or directional or public information sign or the like	(a)  Undertaken by or on behalf of the council or a government transport authority. (b)  Located on land under the council’s control. (c)  Designed, fabricated and installed in accordance with any relevant Australian Standard or manufacturer’s specification.
33	Use and occupation of premises	General provisions that are applicable to each use and occupation: (a)  Within a Business or Industrial zone. (b)  Does not apply to development operating under existing use rights within the meaning of the Environmental Planning and Assessment Act 1979. (c)  Occupation must be for a type of use that is permissible in the applicable zone.
	33.1 Commercial premises	(a)  Within Zones Nos 3 (a), 3 (b) and 3 (c). (b)  Does not relate to the occupation of premises as a food shop except where only pre-packaged food is sold. (c)  Does not relate to the occupation of premises as a liquor outlet. (d)  Does not involve the sale of any restricted publications or sexual paraphernalia. (e)  Occupation must be for a type of use that is permissible in the applicable zone. (f)  Does not relate to bulky goods retailing in Zone No 3 (b). (g)  In the case of development in Zone No 3 (c) the occupation must be for a purpose that is ancillary to the primary approved development on the land. (h)  Does not involve any structural change to the building or premises. (i)  Does not compromise fire safety or compliance with the Building Code of Australia. (j)  Occupation must be in a building that has in the past received Development Consent for use as commercial premises (ie exemption does not apply to a new building).
	33.2 Industry	(a)  Within Zones Nos 4 (a), 4 (b), 4 (c) and 4 (d). (b)  Limited to an industrial purpose only and not including hazardous development, offensive development, potentially hazardous development, potentially offensive development or designated development. (c)  Does not involve any structural change to the building or premises. (d)  Does not compromise fire safety or compliance with the Building Code of Australia. (e)  Does not relate to bulky goods retailing in Zone No 4 (c).
34	Water heater	(a)  Installed to manufacturer’s specifications. (b)  Work does not compromise the structural integrity of the building or involve structural alterations. (c)  Any opening in the associated building envelope is suitably waterproofed. (d)  Located within the property boundaries.

schs 6–8: Ins 9.6.2000. Subst 2006 (465), Sch 1 [8].

Schedule 7 Complying development

(Clause 9B)

Item	Type of development	Criteria
1	Awning or carport (freestanding or attached to another building)	(a)  Within a Residential or Rural zone. (b)  Ancillary to existing dwelling. (c)  Minimum land area 450m2. (d)  Maximum overall height 2.7m above adjacent ground level. (e)  Maximum floor area 40m2. (f)  Minimum building line to the front boundary of 6m in a Residential zone or 18m in a Rural zone. (g)  Minimum building line to any secondary road boundary of 3m in a Residential zone or 6m in a Rural zone. (h)  Each part of the structure being a minimum 900mm from any side or rear property boundary. (i)  Roofwater drains to street or interallotment drainage system or other existing effective drainage system. (j)  Maximum roof span 3.5m where relying on another roof structure for support. (k)  Any vehicular crossing of the footway is located at least 2m clear of any stormwater gully pit and clear of any other utility surface infrastructure located within the road reserve. (l)  Any vehicular crossing of the footway is not located within 6m of the tangent of the kerb/road shoulder return on a corner allotment. (m)  Any vehicular driveway (whether constructed or not) has minimum width of 2.5m and the gradient complies with clause 3.5 of AS 2890.1—1993, Parking facilities, Part 1: Off-street carparking between the road reserve and the finished floor level of any carport. (n)  Does not apply to an area previously approved as, or required for, private open space.
2	Bed and breakfast establishment	(a)  Within a Residential or Rural zone. (b)  In an existing approved dwelling house occupied by the permanent residents. (c)  Maximum 3 guest bedrooms. (d)  Maximum 6 guests. (e)  No guest accommodation to include kitchen facilities. (f)  Not to involve extension, alteration or enlargement of existing dwelling house. (g)  Smoke detection/alarm system which complies with the Building Code of Australia is installed. (h)  Maximum of 1 business identification sign. (i)  A suitable fire extinguisher and fire blanket are provided in the kitchen. (j)  Provision of 1 off-street parking space per guest bedroom, for each additional guest bedroom exceeding 1. (k)  Any vehicular crossing of the footway is located at least 2m clear of any stormwater gully pit and clear of any other utility surface infrastructure. (l)  Any vehicular crossing of the footway is not located within 6m of the tangent of the kerb return on a corner allotment.
3	Dwelling-house addition (single storey), including a habitable screened enclosure	(a)  Within Zone No 2 (a) Residential. (b)  Sewered. (c)  Floor level maximum 1.2m above adjacent ground level at any point. (d)  Minimum land area 450m2. (e)  Minimum building line of 6m to the front boundary. (f)  Minimum building line of 3m to any secondary road boundary. (g)  Maximum ceiling height of 2.7m and maximum 30° roof pitch (in the case of a level ceiling) or 4m (in the case of a raked/cathedral ceiling). (h)  External walls and/or supporting structure setback a minimum 900mm from any side or rear property boundary. (i)  Any part of any roof guttering, eave or other roof projection be setback a minimum 675mm from any side and rear property boundary. (j)  Roofwater drains to street or interallotment drainage system or other existing effective drainage system. (k)  Maximum site excavation/cut and/or fill of 500mm, which is structurally retained and drained. (l)  Where a garage or carport is not existing or incorporated in the proposed development, provision for 1 car parking space of 3m × 6m behind the building line setback/s which is accessible by a motor vehicle. (m)  External materials to complement the existing dwelling house. (n)  Any vehicular crossing of the footway is located a minimum 2m clear of any stormwater gully pit and clear of any other utility surface infrastructure within the road reserve. (o)  Any vehicular crossing of the footway is not located within 6m of the tangent of the kerb/road shoulder return on a corner allotment. (p)  The minimum width of any vehicular driveway (whether constructed or not) is 2.5m and the gradient complies with clause 3.5 of AS 2890.1—1993, Parking facilities, Part 1: Off-street carparking between the road reserve and the finished floor level of any garage, carport or car parking space.
4	Dwelling-house (single storey), including attached carports and garages	(a)  Within Zone No 2 (a) Residential. (b)  Sewered. (c)  Floor level maximum 1.2m above adjacent natural ground level at any point. (d)  Minimum lot area 450m2. (e)  Minimum building line of 6m to the front boundary. (f)  Minimum building line of 3m to any secondary road boundary. (g)  Maximum ceiling height of 2.7m and maximum 30° roof pitch (in the case of a level ceiling) or 4m (in the case of a raked/cathedral ceiling). (h)  External walls setback a minimum 900mm from side and rear boundaries. (i)  Any part of any roof guttering, eave or other roof projection be setback a minimum 675mm from any side and rear property boundary. (j)  Roofwater drains to street or interallotment drainage system or other existing effective drainage system. (k)  Maximum site excavation/cut and/or fill of 500mm, which is structurally retained and drained. (l)  Where a garage or carport is not incorporated in the proposed development, provision for 1 car parking space of 3m × 6m behind the building line setback/s which is accessible by a motor vehicle. (m)  Any vehicular crossing of the footway located at least 2m clear of any stormwater gully pit and clear of any other utility surface infrastructure. (n)  Any vehicular crossing of the footway not be located within 6m of the tangent of the kerb return on a corner allotment. (o)  The minimum width of any vehicular driveway (whether constructed or not) is 2.5m and the gradient complies with clause 3.5 of AS 2890.1—1993, Parking facilities, Part 1: Off-street carparking between the road reserve and the finished floor level of any garage, carport or car parking space.
5	Fire alarm conversion	(a)  Consists of internal alterations to a building. (b)  May include the mounting of an antenna, and any support structure, on an external wall or roof of a building so as to occupy a space of not more than 450mm × 100mm × 100mm.
6	Garage or shed (freestanding or attached to another building)	(a)  Within a Residential or Rural zone. (b)  Does not apply to an area previously approved as, or required for, private open space. (c)  Minimum land area 450m2. (d)  Maximum overall height 3m above adjacent ground level. (e)  Maximum floor area 40m2 in a Residential zone or maximum 100m2 in a Rural zone. (f)  Minimum building line to the front boundary of 6m in a Residential zone or 18m in a Rural zone. (g)  Minimum building line to any secondary road boundary of 3m in a Residential zone or 6m in a Rural zone. (h)  In a Residential zone, each part of the structure being a minimum 900mm from any side or rear property boundary. (i)  In a Rural zone, each part of the structure being a minimum 3m from any side or rear property boundary. (j)  Roofwater drains to street or interallotment drainage system or other existing effective drainage system. (k)  Maximum site excavation/cut and/or fill of 500mm, which is structurally retained and drained. (l)  Any vehicular crossing of the footway is located at least 2m clear of any stormwater gully pit and clear of any other utility surface infrastructure located within the road reserve. (m)  Any vehicular crossing of the footway is not located within 6m of the tangent of the kerb/road shoulder return on a corner allotment. (n)  Any vehicular driveway (whether constructed or not) has a minimum width of 2.5m and the gradient complies with clause 3.5 of AS 2890.1—1993, Parking facilities, Part 1: Off-street carparking between the road reserve and the finished floor level of any garage.
7	Internal alteration to a shop or commercial premises	(a)  Within a Business zone. (b)  Complies with the construction requirements of the council’s Code for Food Premises, where relevant. (c)  No increase in floor area. (d)  Does not apply to food shops, except those where only pre-packaged food is sold.
8	Screened weather-protected enclosure (non-habitable)	(a)  Within a Residential or Rural zone. (b)  Minimum land area 450m2. (c)  Maximum floor area 20m2. (d)  Minimum building line to the front boundary of 6m in Residential zones or 18m in Rural zones. (e)  Minimum building line to any secondary road boundary of 3m in Residential zones or 6m in Rural zones. (f)  Roofwater drains to street or interallotment drainage system or other existing effective drainage system. (g)  Maximum site excavation/cut and/or fill of 500mm, which is structurally retained and drained. (h)  Any opening between the dwelling house and enclosure is fitted with a solid door or window. (i)  Maximum length of 4m of one wall may be of solid construction. (j)  Minimum 50% of the surface area of each remaining wall is unenclosed or consists of translucent or transparent material. (k)  Maximum overall height 2.7m above adjacent ground level. (l)  Each part of the structure setback a minimum 900mm from any side or rear property boundary.
9	Swimming pool	(a)  Ancillary to existing approved dwelling and for private and non-commercial use only. (b)  Minimum land area 450m2. (c)  Located behind the existing dwelling setback from any road. (d)  Water line setback minimum 1.5m from side and rear boundaries and any structure on the land. (e)  Floor level of any coping is maximum 500mm above adjacent ground level. (f)  Maximum site excavation/cut and/or fill of 500mm, which is structurally retained and drained. (g)  All adjacent paved areas to be graded and drained away from any adjoining property. (h)  Pumps, filtration and other equipment to be located so as to comply with the noise requirements of the Protection of the Environment Operations Act 1997. (i)  Complies with the Swimming Pools Act 1992, the Swimming Pools Regulation 1998 and any applicable Australian Standard. (j)  An exemption under section 22 of the Swimming Pools Act 1992 has been granted in respect of any window, door or similar opening in any wall of any residential building wall relied upon as part of a child-resistant barrier. (k)  Any existing or proposed child resistant barrier fencing complies with the Swimming Pools Act 1992, the regulations under that Act and any applicable Australian Standard.
10	Swimming pool decking	(a)  Located behind the existing dwelling setback from any road. (b)  Located a minimum 900mm from the child-resistant barrier (including dividing/boundary fences) which complies with the Swimming Pools Act 1992. (c)  Not roofed. (d)  Maximum area 10m2 (aggregate). (e)  Floor level maximum 500mm above adjacent ground level.

schs 6–8: Ins 9.6.2000. Subst 2006 (465), Sch 1 [8].

Schedule 8 Complying development conditions

(Clause 9B (2))

General conditions (applicable to all development)

Prior to development work commencing

1 Two days before any site works, building or construction begins, the applicant must: (a) forward a Notice of Commencement of Work and Appointment of Principal Certifying Authority to the council, and (b) notify the adjoining owners and occupiers that the site works, building or construction will commence.

2 Before any site works, building or construction begins, the applicant must ensure the following criteria are met: (a) Toilet facilities are to be provided, at or in the vicinity of the land on which work involved in the development is being carried out, at the rate of 1 toilet for every 20 persons or part of 20 persons employed at the site. Each toilet provided must be: (i) a standard flushing toilet, and (ii) connected: (A) to a public sewer, or (B) if connection to a public sewer is not practicable, to an accredited sewage management facility provided by the council, or (C) if connection to a public sewer or an accredited sewage management facility is not practicable, to some other sewage management facility approved by the council. (b) A sign is to be erected in a prominent position on any land on which the development is being carried out: (i) stating that unauthorised entry to the work site is prohibited, and (ii) indicating the name of the Principal Contractor for any building work and a telephone number at which that person may be contacted outside working hours, and (iii) indicating the name and telephone number of the Principal Certifying Authority. This provision does not apply in relation to building work that is carried out inside an existing building that does not affect the external walls of the building. (c) If the work involved in the development is likely to cause pedestrian or vehicular traffic in a public place to be obstructed, rendered inconvenient or involve the enclosure of a public place, a protective security fence or barrier must be erected between the land and the public place. Such a fence or barrier is to be designed and erected in accordance with the council’s current local approvals policy under the Local Government Act 1993 . (d) If necessary, an overhead protective structure must be erected, sufficient to prevent any substance from, or in connection with, the work falling into the public place. Any such protective security fence or barrier or overhead protective structure must be removed within 7 days of the issue of any occupation certificate in relation to the development. (e) Any site cut and/or fill work associated with the development must be in accordance with appropriate professional standards, with any excavation properly guarded and protected to prevent it from being dangerous to life or property. (f) If any site cut and/or fill associated with the development extends below the level of the base of the footings of a building or any other structure (that is, within the footings’ zone of influence) on adjoining land (including a public place): (i) that building or structure must be: (A) preserved and protected from damage, and (B) underpinned and supported in accordance with structural design details accompanying the Complying Development Certificate, and (ii) the owner or owners of that adjoining land must, at least 7 days before any such excavation or supporting works, be given notice of such intention and particulars of the excavation or supporting works. (g) Soil erosion and sediment control measures must be provided in accordance with the council’s Soil Erosion and Sediment Control Policy .

3 Any fee, bond or deposit required by the council’s current Fees and Services Schedule to provide for the inspection, maintenance or repair of any public asset or infrastructure must be paid to the council prior to the commencement of works. Evidence of such payment must be submitted to the council.

During development work

4 During any site works, building or construction the applicant must ensure that the following criteria are met: (a) Toilet facilities required by clause 2 (a) are provided and maintained. (b) The sign required by clause 2 (b) is maintained. (c) Any protective security fence or barrier required by clause 2 (c) is be maintained. (d) Any protective security fence or barrier required by clause 2 (c) and which may be hazardous to persons in the public place is effectively illuminated between sunset and sunrise. (e) Any site cut and/or fill associated with the ongoing development works is executed safely and in accordance with appropriate professional standards, and protected to prevent it from being dangerous to life or property. (f) If any excavation associated with the ongoing development works extend below the level of the base of the footings of a building or any other structure (that is, within the footings’ zone of influence) on adjoining land (including a public place), that building or structure is properly preserved, protected, underpinned and supported (as necessary). (g) Soil erosion and sediment control measures (including the connection of any roofwater downpipes to stormwater drainage lines upon fixing of any roof covering) required by clause 2 (g) are maintained. (h) Building and construction materials, plant, equipment and the like are not to be placed or stored at any time on the council’s footway, roadway or any public place.

5 The hours of work for any noise generating development work are to be limited to between 7am and 6pm, Mondays to Saturdays inclusive, with no such work to be conducted at any time on Sundays or public holidays.

6 Any tree beyond 3 metres of any building or proposed building on the site, not otherwise separately approved by the council to be removed, lopped or topped, must be suitably protected.

7 The sorting, storage and re-use of waste materials is to be in accordance with any waste management plan approved by the council.

Additional conditions for awnings, screened weather-protected enclosures, dwelling-houses, dwelling-house additions, carports, garages and sheds

During development work

8 The applicant must notify the Principal Certifying Authority in advance (in the case of the council being the PCA, at least 48 hours in writing or 24 hours by phone) to enable the mandatory critical stage inspections of building work to occur, as required by the Environmental Planning and Assessment Regulation 2000 . If the council is the Principal Certifying Authority, the following applicable stages of the building development are to be inspected in order that the nominated work may immediately progress: Stage Nominated work (a) Soil erosion and sedimentation controls, site works and site set out commence development work (b) Footing system place concrete or covering (c) Floor slab place concrete (d) Stormwater drainage covering or backfilling (e) Frame (including any termite barriers) affixing internal linings (f) Wet area flashing affixing wall or floor tiles

9 A survey plan, prepared by a Registered Surveyor, is to be submitted to the Principal Certifying Authority, to indicate compliance with setback requirements, on completion of floor slab formwork before concrete is poured, detailing the location of the structure in relation to the property boundaries.

Prior to occupation

10 A final inspection is to be conducted by the Principal Certifying Authority to ascertain that all conditions of the Complying Development Certificate have been satisfied.

11 Any retaining walls or other effective methods to retain cut and/or filled ground (including those site works which may be exempt development identified in this Plan), together with any associated groundwater drainage system, are to be constructed or provided in accordance with the details attached to the Complying Development Certificate.

Additional conditions for internal alteration to a shop or commercial premises

During development work

12 The applicant must notify the Principal Certifying Authority in advance (in the case of the council being the PCA, at least 48 hours in writing or 24 hours by phone) to enable the mandatory critical stage inspections of building work to occur, as required by the Environmental Planning and Assessment Regulation 2000 . If the council is the Principal Certifying Authority, the following applicable stages of the building development are to be inspected in order that the nominated work may immediately progress: Stage Nominated work (a) Frame (including any required termite barriers) affixing internal linings (b) Wet area flashing affixing wall and floor tiles

Prior to occupation or use

13 A final inspection is to be conducted by the Principal Certifying Authority to ascertain that all conditions of the Complying Development Certificate have been satisfied, and the work completed in accordance with the approved documents attached to the Certificate.

Conditions for swimming pools

During development work

14 The applicant must notify the Principal Certifying Authority in advance (in the case of the council being the PCA, at least 48 hours in writing or 24 hours by phone) to enable the mandatory critical stage inspections of building work to occur, as required by the Environmental Planning and Assessment Regulation 2000 . If the council is the Principal Certifying Authority, the following applicable stages of the building development are to be inspected in order that the nominated work may immediately progress: Stage Nominated work (a) Soil erosion and sedimentation controls, site works and site set out commencement of development work (b) Foundation excavation install any moulded or pre-fabricated pool (c) Steel reinforcing and coping place any concrete (d) Child resistant barrier fill, or allow pool to be filled with water to a depth exceeding 300mm (e) Completed pool ongoing use

15 Any retaining walls or other effective methods to retain cut and/or filled ground (including those site works which may be exempt development under this Plan), together with any associated groundwater drainage system, are to be constructed or provided in accordance with the details attached to the Complying Development Certificate.

Prior to use

16 A final inspection is to be conducted by the Principal Certifying Authority to ascertain that all conditions of the Complying Development Certificate have been satisfied, and the work completed in accordance with the approved documents attached to the Complying Development Certificate.

schs 6–8: Ins 9.6.2000. Subst 2006 (465), Sch 1 [8].