Part 1 Preliminary
1 Name of plan
This plan may be cited as Camden Local Environmental Plan No 74—Harrington Park.
2 Land to which plan applies
(1) This plan applies to the land in the local government area of Camden as shown edged heavy black on the map.(2), (3) (Repealed)cl 2: Am 15.6.2001.
3 Aims and objectives
This plan aims:(a) to maintain and enhance the character of the locality to which this plan applies by:(i) providing for development that recognises and promotes the distinctive character and amenity of the locality, and(ii) maintaining and strengthening the landscape character and heritage features of the locality, and(iii) preserving significant landscape features and urban bushland areas, and(iv) maintaining the advantages of the traditional lifestyle provided by separate towns in a rural setting, and(v) encouraging innovative and attractive forms of housing and patterns of residential subdivision, and(b) to provide for a wide range of housing needs by:(i) allowing a choice of housing, and(ii) satisfying the housing needs of the community, including socially and physically disadvantaged people, and(iii) increasing the density of residential development near commercial and community facilities where satisfactory transport services are available, and(iv) promoting more affordable housing, and(c) to achieve a high quality of development by:(i) encouraging a high design quality that will provide a pleasant living environment, and(ii) promoting development suitable to the site, and(iii) allowing people to carry out a reasonable range of activities from their homes, where such activities are not likely to affect the living environment of neighbours, and(d) to achieve sustainable development by:(i) maintaining the existing quality of life, and(ii) accepting and making a feature of natural environmental factors, and(iii) minimising the use of resources with regard to land, energy and materials, and(iv) ensuring that services and facilities are adequate to support additional development, and(v) providing a suitable drainage system that will upgrade downstream water quality, add to visual amenity and control stormwater flow, and(e) to promote the use of buildings which are designed, sited and constructed, using passive solar principles, so as to maximise energy efficiency by reducing the consumption of non-renewable forms of energy for heating and cooling purposes.cl 3: Am 24.4.1997.
4 Relationship to other environmental planning instruments
(1) This plan:(a) repeals Camden Local Environmental Plan No 39 except in its application to land marked “Deferred” on Sheet 2 of the map, and(b) (Repealed)(2) (Repealed)cl 4: Am 15.6.2001.
5 Adoption of model provisions
The Environmental Planning and Assessment Model Provisions 1980 are adopted for the purposes of this plan, except for:(a) the definitions of child care centre, home industry, home occupation, map and residential flat building in clause 4 (1), and(b) clauses 8, 15 and 35 (c).cl 5: Am 12.9.1997; 9.10.1998.
6 Definitions
(1) In this plan:advertisement means the display of symbols, messages or other devices for promotional purposes or for conveying information, instructions, directions or the like, whether or not it includes the erection of an advertising structure.advertising sign means an advertisement that is painted directly onto an existing part of a building (such as a fascia, wall or shop window) and requires no other supporting structure for its display.advertising structure means a structure used or principally used for the display of an advertisement (such as a pole sign, flagpole, under awning, flash-mounted or projecting wall sign) and is affixed to a building or premises.appointed day means the day this plan takes effect.brothel means a building or place used for the purpose of prostitution by one or more prostitutes or a building that is designed for that purpose.caravan park means land used for the accommodation of caravans or other moveable dwellings.child care centre means fixed premises at which a child care service is provided by a person for the purpose of educating, minding or caring (but without providing residential care) for 4 or more children (disregarding any children who are related to the person providing the service) who are under 6 years of age and who do not ordinarily attend school.collector road means a road designed to accommodate more than 3000 vehicles per day.community centre means a building or place used to provide facilities for the physical, social, cultural, spiritual and intellectual development or welfare of the local community, and may include professional consulting rooms.conference facilities means a building or place used for conferences or for discussion or study groups, and includes associated facilities for refreshments, meals, overnight accommodation and recreation.convenience shop means a building or place that provides a retail service to cater for the day-to-day minor shopping needs of local residents, and may include an extended hours service.Council means Camden Council.exhibition home means a dwelling used for display purposes.exhibition village means a group of exhibition homes, and may include a sales office used temporarily for the sale, and financing the selling, of land and new dwellings.hand made goods means goods that are not mass produced but are constructed and assembled by hand.heritage assessment report means an assessment of the impact of proposed development on the heritage significance of a heritage item and its setting which may or may not include a management strategy for the ongoing conservation of the item.heritage item means a building, work, relic, tree or place described in Schedule 1.heritage significance means historic, scientific, cultural, social, archaeological, architectural, natural or aesthetic significance.home business means an industry or occupation carried on in a dwelling or in a building the use of which is ancillary to a dwelling where the dwelling and the land on which the dwelling is located are primarily used for residential purposes and where the industry or occupation:(a) is carried on by the permanent residents of the dwelling and not more than one non-resident, if any, and(b) does not take up floorspace of more than 50 square metres in the whole dwelling or ancillary building, and(c) does not interfere with the amenity of the locality because of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, or otherwise, and(d) does not involve exposure to view from any adjacent premises or from any public place of any unsightly matter, goods or products, and(e) does not give rise to traffic levels out of keeping with those of the surrounding locality, and(f) does not include acts of prostitution between persons of different sexes or of the same sex, such as:(i) sexual intercourse as defined in section 61H of the Crimes Act 1900, for payment, and(ii) masturbation of one person by another, for payment.multi-unit housing means residential development (not being two-dwelling development) resulting in two or more dwellings on one lot, whether the dwellings are attached or detached, and includes townhouses and the like.neighbourhood centre means a group of buildings situated on not more than 3.5 hectares of land and which comprises any or all of the following:(a) commercial premises, shops (having a total floor space of not more than 4000 square metres), recreation facilities, a refreshment room and a professional consulting room, where the combined floor space of all such buildings is not more than 5000 square metres,(b) a service station,(c) child care centres,(d) community facilities or public buildings,(e) places of public worship,(f) residential flat buildings associated with buildings and land uses referred to in paragraphs (a)–(e),recreation area means:(a) a children’s playground, or(b) an area used for sporting activities or sporting facilities, orbut does not include a racecourse or a showground.(c) an area used to provide facilities for recreational activities capable of promoting the physical, cultural or intellectual welfare of persons within the community, being facilities provided by:(i) the Council, or(ii) a body of persons associated for the purpose of the physical, cultural or intellectual welfare of persons within the community,relic means any deposit, object or material evidence (which may consist of human remains) relating to:(a) the use or settlement of the area of Camden, not being Aboriginal habitation, which is more than 50 years old, or(b) Aboriginal habitation of the areas of Camden whether before or after its occupation by persons of European extraction.storey means the space within a building situated between one floor level and the floor level next above or, if there is no floor above, the ceiling or roof above, but does not include a basement level if the ceiling or roof of the basement does not extend more than 1 metre above the finished or natural ground level or a roof void if the slope of the roof does not exceed 45°.subsurface mining means mining of an area carried out totally underground by means of access remote from the area.the map means the map marked “Camden Local Environmental Plan No 74—Harrington Park”, as amended by the maps (or specified sheets of 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.Camden Local Environmental Plan No 109Camden Local Environmental Plan No 110Camden Local Environmental Plan No 123tree means any tree, sapling or shrub which:(a) is 3 metres or more in height,(b) has a girth of 300mm or more at a height of 1 metre above natural ground surface, or(c) has a branch span of 3 metres or more.two-dwelling development means residential development resulting in two dwellings (but no more) on one lot where:(a) the development involves an addition or alteration to an existing dwelling-house, the erection of a single building containing two dwellings on a vacant lot or the conversion into a dwelling of a building situated on the same lot as a dwelling-house, and(b) both dwellings are attached and under the one roof in one building which has the appearance of a single dwelling-house, except where:(i) one of the dwellings was a dwelling-house situated on the lot as at the appointed day and the other dwelling results from the conversion of a second building that (as at the appointed day) was situated on the lot and used for a purpose ancillary to the use of that dwelling-house, and(ii) the conversion will not result in any extension to the second building, and(c) the total amount of the site area occupied by buildings does not exceed two thirds of the site area, and(d) the lot has an area of not less than 400m2 and the Council is satisfied that it will not be further subdivided (whether or not under the Strata Schemes (Freehold Development) Act 1973 or the Community Land Development Act 1989), and(e) in the case of the erection of a single building containing two dwellings, the building is of no more than single storey construction, but may be of two storey construction if:(i) adjacent land is occupied by two storey dwellings or is vacant (but is not public land), and(ii) the Council is satisfied that the proposed building will suit the streetscape and have no adverse effect in terms of character, design, scale, bulk, privacy and overshadowing.village centre means a group of buildings situated on land and which comprises any or all of the following:(a) clubs, conference facilities, hotels, motels, multi-unit housing, offices, professional consulting rooms, public buildings, refreshment rooms, service stations and shops,(b) places of public worship.water management undertaking means any structure, device or procedure designed to limit, control, restrict or divert the flow of water or to improve water quality by the removal of pollutants or excess nutrients.(2) In this plan:(a) a reference to a building or place used for a purpose includes a reference to a building or place intended to be used for the purpose, and(b) a reference to a map is a reference to a map deposited in the office of the Council, and(c) a reference to land within a zone specified in the Table to clause 9 is a reference to land shown on the map in the manner indicated in clause 8 as the means of identifying land of the zone so specified.cl 6: Am 12.9.1997; 11.9.1998; 9.10.1998; 25.2.2000; 28.7.2000; 15.6.2001; 17.5.2002.
7 Consent authority
The Council is the consent authority for the purposes of this plan.
Part 2 General control of development
8 Zones indicated on the map
The following zones are used in this plan. Land to which this plan applies is within a zone specified below if it is shown on the map in the distinctive manner specified below for the zone:Zone No 1 (e) (Rural “E” (0.6 ha))—edged heavy black and lettered “1 (e)”,Zone No 2 (d) (Residential)—edged heavy black and lettered “2 (d)”,Zone No 5 (a) (Cultural Landscape)—edged heavy black and lettered “5 (a)”,Zone No 5 (e) (Special Uses—Water Management)—edged heavy black and lettered “5 (e)”,Zone No 6 (a) (Open Space)—edged heavy black and lettered “6 (a)”,Zone No 6 (e) (Open Space—Waterway Buffer)—edged heavy black and lettered “6 (e)”.cl 8: Am 9.10.1998. Subst 15.6.2001. Am 15.6.2001; 17.5.2002.
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:(a) the development that may be carried out without development consent, and(b) the development that maybe carried out only with development consent, andis specified under the headings “Without development consent”, “Only with development consent” and “Prohibited”, respectively, appearing in the matter relating to the zone.(c) the development that is prohibited,(3) Except as otherwise provided by this plan, the Council shall not grant consent to the carrying out of development on land to which this plan applies unless the Council is of the opinion that the carrying out of the development is consistent with the objectives of the plan and of the zone in which the development is proposed to be carried out.Zone No 1 (e) (Rural “E” (0.6 ha))1 Objectives of zoneThe objectives are as follows:(a) to provide for small holding rural residential living opportunities on land not being of prime crop or pasture potential and having ready access to urban areas and facilities,(b) to ensure development is carried out in a manner that minimises risk from natural hazards, particularly bushfires and flooding, and does not detract from the scenic quality of the rural area,(c) to permit alternative forms of accommodation which do not imperil the rural productivity of the area and which are consistent with the environmental quality of the immediate area.2 Without development consentNil.3 Only with development consentDevelopment for the purpose of dwelling-houses.Any other development not included in item 4.4 ProhibitedDevelopment for the purpose of:advertisements; agriculture; animal boarding and training establishments; boarding-houses; bulk stores; car repair stations; caravan parks; churches; clubs; cluster housing; commercial premises (other than home businesses); educational establishments; extractive industries; forestry; helipads; heliports; hospitals; hotels; industries (other than home businesses); institutions; intensive horticulture or livestock keeping establishments; junk yards; light industries; liquid fuel depots; mines; motels; motor showrooms; motor vehicle depots; places of assembly; professional consulting rooms; recreation facilities; refreshment rooms; residential flat buildings; retail plant nurseries; road transport terminals; roadside stalls; rural industries; rural workers’ dwellings; sawmills; service stations; shops; stock and sale yards; taverns; timber yards; tourist facilities; transport terminals; veterinary establishments; warehouses.Zone No 2 (d) (Residential)1 Objectives of zoneThe objectives are as follows:(a) to promote a distinctive character and quality of development, based on the historic and natural characteristics of the land,(b) to allow the provision of a range of housing types,(c) to promote the provision of accessible and convenient commercial, social, recreational, educational, religious, community and employment facilities close to public transport so as to serve the needs of the residential district for education, recreation, religious, community service and welfare activities,(d) to provide an appropriate urban drainage system in an environmentally sensitive manner that provides a dual use facility for control of stormwater and for recreational use,(e) to provide a visual and auditory buffer between residential areas and Camden Valley Way and The Northern Road,(f) to allow open space for such active and passive recreation as may be required for proper accessibility and distribution in relation to the population generally and to young children in particular,(g) to allow land for pedestrian and cycle routes between areas of activity,(h) to protect and enhance areas of landscape and vegetation significance.2 Without development consentNil.3 Only with development consentAny development other than development included in item 4.4 ProhibitedDevelopment for the purpose of:airline terminals; amusement centres; boarding houses; brothels; bulk stores; bus depots; car repair stations; caravan parks; clubs (other than as part of a village centre); commercial premises (other than as part of a neighbourhood centre or village centre); conference facilities (other than as part of a village centre); extractive industries; generating works; helipads or heliports; hospitals; hotels (other than as part of a village centre); industries (other than home businesses); institutions; junk yards; liquid fuel depots; mining (other than subsurface mining); motels (other than as part of a village centre); motor showrooms; places of assembly; places of public worship accommodating more than 150 people (other than as part of a neighbourhood centre or village centre or other than located on a site of over 4000 square metres and situated on a collector road); professional consulting rooms (other than as part of a neighbourhood centre or village centre); public buildings (other than as part of a neighbourhood centre or village centre); refreshment rooms (other than as part of a neighbourhood centre or village centre); retail plant nurseries; road transport terminals; roadside stalls; rural industries; rural workers’ dwellings; sawmills; service stations (other than as part of a neighbourhood centre or village centre or situated on a collector road); shops (other than as part of a neighbourhood centre or village centre); stock and sale yards; tourist facilities; transport terminals; warehouses; all other land uses (other than landscaping) having direct access to The Northern Road or Camden Valley Way.Zone No 5 (a) (Cultural Landscape)1 Objectives of zoneThe objective is to conserve the heritage significance of the cultural landscape of Harrington Park.2 Without development consentDevelopment for the purpose of:any conservation works described in a conservation management plan endorsed by the Heritage Council as development which can occur without consent; passive open space.3 Only with development consentDevelopment for the purpose of:any other works described in a conservation management plan endorsed by the Heritage Council; drainage; minor structures with floor areas of less than 50 square metres; pathways; roads.4 ProhibitedAny development not included in item 2 or 3.Zone No 5 (e) (Special Uses—Water Management)1 Objectives of zoneThe objectives are as follows:(a) to ensure that Narellan Creek maintains its primary function as a water quality system,(b) to preserve and enhance vegetation within and adjacent to Narellan Creek,(c) to restrict development that would have a detrimental effect on water quality,(d) to ensure adequate land is set aside for drainage and water quality management purposes.2 Without development consentNil.3 Only with development consentDevelopment for the purpose of:advertising structures; advertisements; drainage; public utility undertakings; roads; utility installations; water management undertakings.4 ProhibitedAny development not included in item 3.Zone No 6 (a) (Open Space)1 Objectives of zoneThe objectives are to ensure there is provision of adequate open space to meet the needs of all residents and provide opportunities to enhance the cultural landscape of Harrington Park Homestead.2 Without development consentNil.3 Only with development consentAny development ancillary to the use of the land for public recreation.Development for the purpose of:drainage; roads; utility installations (other than generating works or gas holders).4 ProhibitedAny development not included in item 3.Zone No 6 (e) (Open Space—Waterway Buffer)1 Objectives of zoneThe objectives are as follows:(a) to provide a visual and physical riverine buffer between residential development and Narellan Creek so as to protect and enhance the function and amenity of the creek system,(b) to ensure that land adjoining Narellan Creek is maintained for open space or public recreational purposes.(c) to restrict development that would adversely affect the water quality in Narellan Creek,(d) to allow development that fosters the public enjoyment of the foreshores of the creek system without compromising the environmental quality of such system.2 Without development consentNil.3 Only with development consentDevelopment for the purpose of:advertising structures; drainage; public utility undertakings; roads; utility installations; recreation areas; water management undertakings; any purpose ordinarily incidental or subsidiary to a purpose included in this item.4 ProhibitedAny development not included in item 3.cl 9: Am 15.6.2001.cl 9, table: Am 12.9.1997; 9.10.1998; 25.2.2000; 28.7.2000; 15.6.2001; 17.5.2002.
Part 3 Special provisions
9A Minor variations of zone boundaries
(1) This clause applies to land which is within 50 metres of a boundary between any two of Zones Nos 2 (d), 5 (e), 6 (a) and 6 (e).(2) Subject to subclause (3), development may, with the consent of the Council, be carried out on land to which this clause applies for any purpose for which development may be carried out in the adjoining zone.(3) The Council shall not consent to the carrying out of development referred to in subclause (2) unless, in the opinion of the Council, the carrying out of the development is desirable because of planning, design, ownership, servicing or similar criteria relating to the most appropriate development of the land.cl 9A: Ins 15.6.2001.
10 Community use of school facilities and sites
(1) Where land to which this plan applies is used for the purpose of an educational establishment, the site and facilities of the establishment may, with development consent, be used for the purpose of meeting rooms, public halls, public libraries, entertainment, sport or recreation or for any other community land use, whether or not any such use is a commercial use of the land.(2) Development consent is not required if the other land use could be carried out on that land under another provision of this plan, or under any other environmental planning instrument, without development consent.
11 Council not required to obtain consent
Nothing in this plan shall prevent the Council from, or require the Council to obtain its own consent for, the carrying out of development on land to which this plan applies for the purpose of roads, stormwater drainage, recreation areas (excluding buildings), landscaping, gardening, bushfire hazard reduction, utility installations or flood mitigation works.
12 Exhibition homes and villages
Despite any other provision of this plan, a person may, with the consent of the Council, carry out development for the purpose of an exhibition home or an exhibition village on land within Zone No 2 (d).
13 Development affected by floodwaters etc
The Council must not consent to the carrying out of development on any land to which this plan applies if the Council is satisfied that the proposed development is likely:(a) to be adversely affected by floodwaters or overland drainage flows, or(b) to adversely affect the flood peak at any point upstream or downstream of the site of the development, or(c) to adversely affect, to a substantial degree, the flow of floodwater on adjoining land, or(d) to cause avoidable erosion, siltation or unnecessary destruction of creek bank vegetation in the area, or(e) to have an adverse effect on the water table to that land or any adjoining land, or(f) to adversely affect creek bank stability.
13A Landforming operations
(1) Development for the purpose of a landforming operation may be carried out on land to which this plan applies only with the consent of the Council.(2) In this clause, landforming operation means the carrying out of any work or other land use that affects an area of land greater than 100 square metres and that:(a) alters a drainage pattern or a flood level, or(b) raises or lowers the surface of the land at any point so as to alter the natural ground level by more than one metre, or(c) raises or lowers by more than one metre at any point any level of the land that has been created by previous excavation or filling.cl 13A: Ins 15.6.2001.
14 Height of buildings
A building erected on land to which this plan applies must not exceed two storeys in height.
15 Home businesses
The Council may consent to the use of a building on land within Zone No 2 (d) for the purpose of a home business, only if:(a) comment has been sought from persons who, in the opinion of the Council, could reasonably be considered to be affected by that use, and(b) the Council is satisfied that the granting of consent would not be contrary to the public interest.cl 15: Subst 12.9.1997.
16 Noise reduction
(1) This clause applies to land adjoining The Northern Road or Camden Valley Way.(2) The Council shall not consent to the subdivision of any land to which this clause applies that the Council is satisfied will be used for residential purposes unless a program, approved by the Council, is undertaken for the purpose of reducing the amount of traffic noise affecting the land.(3) The Council shall not approve of any such program unless a noise assessment survey has been undertaken and a person who, in the opinion of the Council, is a qualified noise consultant, attests to the ability of the program to achieve or surpass the environmental goal.(4) For the purpose of this clause, the environmental goal for traffic noise is a maximum LA10, 18-hour noise level of 63dB(A) when measured at 1 metre from the residential facade lines or other sensitive locations relative to Camden Valley Way and The Northern Road, respectively.
17 Restricted vehicular access
The Council must not consent to any development that has direct vehicular access to Camden Valley Way or The Northern Road.
18 Development standard for two-dwelling development
The floor space of one of the dwellings resulting from any two-dwelling development is not to exceed 60 square metres.cl 18: Subst 9.10.1998.
19 Village centres
The Council must not consent to development for the purpose of a village centre if, as a result of the development:(a) the total area occupied by all village centres situated on land to which this plan applies would exceed 1.5 hectares, or(b) the combined floor area of all clubs, conference facilities, hotels, motels, multi-unit housing, offices, professional consulting rooms, public buildings, refreshment rooms, service stations and shops in a particular village centre would exceed 10,000 square metres.cl 19: Am 17.5.2002.
20 Subdivision
A person shall not subdivide land to which this plan applies except with the consent of the Council.
20A Subdivision of land within Zone No 1 (e)
(1) The Council may consent to an application for consent to subdivide land within Zone No 1 (e) only if each separate allotment of land created by the subdivision has an area of not less than 0.6 hectare.(2) Notwithstanding subclause (1), land within Zone No 1 (e) may be subdivided with the consent of the Council if that subdivision is for the purpose of:(a) creating an allotment or allotments intended for open space or other public purposes, or(b) making minor adjustments to common property boundaries.(3) In determining an application for consent to subdivide land within Zone No 1 (e), the Council shall have regard to:(a) the effect of the creation of an allotment on the remainder of the land the subject of the application, particularly on cultural and scenic qualities of the area, and(b) the appropriateness of the size of the proposed allotments for the purpose for which they are intended to be used, and(c) whether the subdivision and any subsequent development will have the effect of creating demands for the provision of services by the Council.cl 20A: Ins 15.6.2001.
21 Suspension of certain laws
(1) For the purpose of enabling development to be carried out in accordance with this plan or in accordance with a consent granted under the Act, any agreement, covenant or similar instrument imposing restrictions as to the erection or use of buildings for certain purposes or as to the use of land for certain purposes, to the extent necessary to serve that purpose, shall not apply to the development.(2) Nothing in subclause (1) shall affect the rights or interests of any statutory authority under any registered instrument.(3) Pursuant to section 28 of the Act, before the making of this clause, the Governor approved of subclauses (1) and (2).
22 Protection of trees
(1) A person shall not ringbark, cut down, top, lop, remove, injure or wilfully destroy any living tree, or cause such a tree to be ringbarked, cut down, removed or wilfully destroyed, without development consent.(2) Subclause (1) extends to a public authority except in relation to the pruning of a tree growing on, overhanging or encroaching onto land owned by the Council or under its care, control and management.(3) If the Council receives an application for its consent as required by this clause, it must, within 14 days of receiving the application, give notice of it to the persons who appear to it to own or occupy the land adjoining the land to which the application relates if, in its opinion, the enjoyment of the adjoining land would be detrimentally affected by the action proposed in the application.(4) The Council must specify in a notice under subclause (3) a period within which written submissions may be made to the Council concerning the application and must not determine the application until that period has expired and it has considered any submission received within that period.(5) This clause does not apply to or in respect of:(a) a tree declared to be a noxious plant or noxious weed by or under any Act,(b) action required by clause 23 of the Electricity (Overhead Line Safety) Regulation 1991,(c) a tree that harbours fruit fly,(d) a tree that is dead,(e) the following trees:• Privet (Ligustrum sp)• African Olive (Olea africana)• Honey Locust (Gleditsia triacanthos)• Lantana (Lantana camara)• Coccus Palm (Syagrs rhomanzofianum),(f) a tree located on land that is subject to a development consent for the erection of a building or the carrying out of a work that authorises the removal of that tree, or(g) the destruction or removal of a tree within 0.5 metre of the boundary between land owned or occupied by different persons, for the purpose of enabling a survey to be carried out along that boundary by a surveyor registered under the Surveyors Act 1929.(6) The Council must not grant consent as required by this clause, unless it has taken into consideration such of the following matters as are of relevance to the application:(a) the aesthetic, botanical, environmental, historic and heritage importance of the tree,(b) whether the tree presents or is likely to present a health or safety hazard to persons,(c) whether the tree has damaged (or would be likely to damage) property,(d) the extent to which the tree diminishes sunlight to habitable rooms in buildings and outdoor areas,(e) whether the tree obstructs or would be likely to obstruct accessways, footpaths, roads, utility services, drainage lines or the like or would otherwise cause a nuisance to, or endanger the movement of, persons or their vehicles,(f) the impact of the action or work on the appearance, health or stability of the tree and the general amenity of the surrounding area,(g) in the case of an application for consent to remove a tree:(i) whether the pruning of the tree would be a more practical and desirable alternative, or(ii) whether a replacement tree or trees should be planted,(h) guidelines, plans and policies adopted by the Council from time to time that are available for public inspection at the Council’s offices concerning the preservation and protection of trees, including those identified in:(i) the document called “Camden Significant Tree and Vegetated Landscape Study”, or(ii) plans of management or vegetation plans, or(iii) tree management policies.cl 22: Subst 12.9.1997.
22A Development affecting trees
Anything affecting a tree that must be done to carry out an activity in accordance with an approval granted under Part 1 of Chapter 7 of the Local Government Act 1993 may be done without development consent, if the tree and the thing that must be done were specified in the application for the approval.cll 22A: Ins 12.9.1997.
22B Clearing
(1) Land within Zone No 2 (d) must not be cleared for any purpose, except with the consent of the Council.(2) In considering whether to grant consent as required by this clause, the Council must take into consideration the extent to which clearing would adversely affect the amenity of the natural and rural landscape.(3) In this clause:biological diversity means variability among living organisms and the ecological systems of which they are part, and includes diversity within species, between species and of ecosystems.clearing of vegetation (including native vegetation) means directly or indirectly:(a) killing, destroying or burning vegetation, or(b) removing vegetation, or(c) severing or lopping branches, limbs, stems or trunks of vegetation, orbut does not include sustainable grazing.(d) substantially damaging vegetation in any other way,critical habitat has the same meaning as in the Threatened Species Conservation Act 1995.native grasslands means a plant community dominated by native grasses and containing a variety of other native herbaceous plants, and may comprise the dominant layer of vegetation (treeless and shrubless communities) or the understorey in tree or shrub-dominated communities (grassland understoreys).native vegetation means vegetation that is indigenous to the Camden local government area, including trees, shrubs, understorey plants and native grasslands, indigenous vegetation being a species which existed in the Camden local government area before European settlement.remnant vegetation means any patch of native vegetation around which most or all of the native vegetation has been removed.riparian vegetation means the native vegetation which is located on land which is situated within, or within 40 metres of, the bed or bank of any river or lake, in each case within the meaning of the Water Administration Act 1986.threatened species, population or ecological community has the same meaning as in the Threatened Species Conservation Act 1995.vegetation means plants, including trees, shrubs and understorey plants.(4) This clause does not apply to or in respect of the following:(a) vegetation located on land that is subject to a development consent for the erection of a building or the carrying out of a work that authorises the removal of that vegetation,(b) mistletoe control (the lopping of vegetation for mistletoe control to the minimum extent necessary for the vegetation’s continued health),(c) burning (the clearing of vegetation as authorised under the Bush Fires Act 1949),(d) public utilities and emergency work (the clearing, to a minimum extent, of vegetation for the maintenance of public utilities associated with the provision of power lines, transmission of electricity, water, gas, electronic communications or the like, for air navigation purposes, or which may reasonably be thought likely to be at risk of causing personal injury or damage to property),(e) planted vegetation (the clearing of vegetation planted for forestry, agriculture, agroforestry, woodlots, gardens or horticultural purposes),(f) private forestry (the clearing of vegetation in a forest in the course of its being selectively logged on a sustainable basis or managed for forestry purposes, such as timber production),(g) regrowth (the removal of vegetation, whether seedlings or regrowth, of less than 10 years of age if the land has been previously cleared for cultivation, pastures or forestry plantation purposes),(h) noxious weeds (the clearing of vegetation declared a noxious weed by or under any Act),(i) vertebrate pest control (the clearing of vegetation to the minimum extent necessary for vertebrate pest control),(j) the destruction or removal of vegetation, within 0.5 metre of the boundary between land owned or occupied by different persons for the purpose of enabling a survey to be carried out along that boundary by a surveyor registered under the Surveyors Act 1929.(5) The Council must not grant consent as required by this clause unless it has taken into consideration the likely social, environmental and economic consequences of granting or refusing to grant consent, and such of the following matters as are of relevance to the application:(a) whether the vegetation is remnant vegetation in a region that has been extensively cleared,(b) whether the area has a high biological diversity,(c) whether the area contains any of the following:• disjunct populations of a native species or a species that is near the limit of its geographic range,• riparian vegetation,• vegetation associated with wetlands,(d) whether the area has connective importance as, or as part of, a corridor of native vegetation (meaning native vegetation forming a connection that allows for the potential passage of species of flora or fauna between two or more other patches of vegetation),(e) whether the area is, or is part of, land identified as wilderness in a wilderness assessment report prepared by the Director-General of National Parks and Wildlife,(f) whether the vegetation is adequately represented in a conservation reserve system,(g) whether the area is an “inholding” situated within land reserved or dedicated under the National Parks and Wildlife Act 1974,(h) whether the area is important as a site along a migratory route for wildlife,(i) whether the area functions as an important drought refuge for wildlife,(j) whether clearance would be likely to contribute significantly to any of the following problems:• soil erosion,• salinisation of soil and water,• acidification of soil,• land slip,• deterioration in the quality of surface or ground water,• increased flooding,(k) whether there is any need for conservation of all or some of the vegetation because of:• its unusually good condition or integrity as a sample of its type, or• the low boundary to area ratio of the area, or• the existence within the area of Aboriginal sites, or• the existence within the area of a site of geological significance,(l) guidelines adopted by the Council from time to time that are available for public inspection at the Council’s offices concerning the preservation and protection of vegetation (including those identified in plans of management, vegetation plans and vegetation management plans and policies).(6) The Council may serve a copy of an application for consent as required by this clause on any one or more of the following:(a) the Director-General of the Department of Land and Water Conservation,(b) the Environment Protection Authority,(c) the Director-General of the Department of Agriculture,(d) the Director-General of National Parks and Wildlife,(e) the Director of NSW Fisheries.(7) The Council must not grant consent to the application until after taking into consideration any response made to the Council by the public authority concerned within 28 days of service of the copy of the application.(8) Despite the other provisions of this clause, if the development that is the subject of an application for consent as required by this clause:(a) is on land that is, or is part of, critical habitat, orthe application for development consent must be determined in accordance with the procedures specified in sections 77A–77C of the Act.(b) is likely to significantly affect a threatened species, population or ecological community, or its habitat,(9) For the purposes of subclause (8) (b), the factors specified in section 5A of the Act are to be taken into account in deciding whether the development is likely to significantly affect a threatened species, population or ecological community, or its habitat.cll 22B: Ins 12.9.1997.
22C What is exempt and complying development?
(1) Development of minimal environmental impact listed as exempt development in Chapter 2 of Part B of Camden Development Control Plan (DCP) 2006 as adopted by the Council on 10 July 2006 is exempt development, despite any other provision of this plan.(2) Development listed as complying development in Chapter 3 of Part B of Camden Development Control Plan (DCP) 2006 as adopted by the Council on 10 July 2006 is complying development if:(a) it is local development of a kind that can be carried out with consent on the land on which it is proposed, and(b) it is not an existing use, as defined in section 106 of the Act.(3) Development is exempt or complying development only if it complies with the development standards and other requirements applied to the development by Part B of Camden Development Control Plan (DCP) 2006 as adopted by the Council on 10 July 2006.(4) A complying development certificate issued for any complying development is to be subject to the conditions for the development specified in Chapter 3 of Part B of Camden Development Control Plan (DCP) 2006 adopted by the Council, as in force when the certificate is issued.cl 22C: Ins 28.7.2000. Am 28.12.2001; 2006 (582), Sch 5 [1]–[4].
Part 4 Heritage conservation
pt 4, hdg: Ins 15.6.2001.
23 Development of known or potential archaeological sites
(1) The Council may grant consent to the carrying out of development on an archaeological site that has Aboriginal heritage significance (such as a site that is the location of an Aboriginal place or a relic within the meaning of the National Parks and Wildlife Act 1974) or a potential archaeological site that is reasonably likely to have Aboriginal heritage significance only if:(a) it has considered an assessment of how the proposed development would affect the conservation of the site and any relic known or reasonably likely to be located at the site prepared in accordance with any guidelines for the time being notified to it by the Director-General of National Parks and Wildlife, and(b) it has notified the Director-General of its intention to do so and taken into consideration any comments received from the Director-General within 28 days after the notice was sent, and(c) it is satisfied that any necessary consent or permission under the National Parks and Wildlife Act 1974 has been granted.(2) The Council may grant consent to the carrying out of development on an archaeological site that has non-Aboriginal heritage significance or a potential archaeological site that is reasonably likely to have non-Aboriginal heritage significance only if:(a) it has considered an assessment of how the proposed development would affect the conservation of the site and any relic known or reasonably likely to be located at the site prepared in accordance with any guidelines for the time being notified to it by the Heritage Council, and(b) it has notified the Heritage Council of its intention to do so and taken into consideration any comments received from the Heritage Council within 28 days after the notice was sent, and(c) it is satisfied that any necessary excavation permit required by the Heritage Act 1977 has been granted.cl 23: Ins 11.9.1998.
24 Protection of heritage items and relics
(1) The following may be carried out only with development consent in respect of a heritage item:(a) demolishing, defacing, damaging or moving the item,(b) external and internal structural changes to the item,(c) excavation of land for the purpose of discovering, exposing or moving a relic,(d) erecting a building on, or subdividing, land on which the item is located,(e) non-structural changes to the detail, fabric, finish or appearance of the exterior of the item, except changes resulting from any maintenance necessary for its ongoing protective care which do not adversely affect its heritage significance,(f) damaging any tree on land on which any such item is situated.(2) Development consent is not required by this clause if the Council is of the opinion that the proposed development would not adversely affect the heritage significance of the heritage item.(3) When determining a development application required by this clause, the Council must take into consideration the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item.(4) When considering applications for consent to the erection of a building in the vicinity of a heritage item, the Council must consider an assessment of:(a) the pitch and form of the roof, if any, and(b) the style, size, proportion and position of the openings for windows or doors, if any, and(c) whether the colour, texture, style, size, type and decoration or finish of the materials to be used on the exterior of the building are compatible with the heritage significance of the item, and(d) the bulk-massing, proportion, size and general design of the proposed development, and(e) the proximity of any proposed excavation to the heritage item and its likely effects.(5) The Council must not consent to development involving a heritage item unless it has considered a heritage assessment report or a conservation plan.cl 24: Ins 15.6.2001.
25 Control of materials used on buildings and amenity in certain zones
(1) In this clause:external surfaces, in relation to a building, includes external walls and any cladding on those walls, doors, door and window frames, columns, roofs, fences and any other surfaces of the building visible from the exterior.prescribed materials means:(a) in relation to the roof of a building, concrete tiles or non-reflective metal sheeting (such as “Colourbond”), in either case being of a uniform dark colour (such as black, dark grey or olive),(b) in relation to the external walls of a building:(i) unpainted brickwork comprising brown or brownish red bricks, or(ii) brickwork or masonry that is bagged or rendered in a soft muted colour (such as grey, grey-green, blue-grey, brown, salmon or fawn).site means the area of land to which a development application relates.storey does not include space within a roof void.(2) This clause applies to the land shown edged heavy black on the map marked “Camden Local Environmental Plan No 133”.(3) Notwithstanding any other provision of this plan, development shall not be carried out on land to which this clause applies, and any such land shall not be cleared of trees or other vegetation, without the consent of the Council.(4) A building may be erected on land to which this clause applies only if:(a) the topmost ceiling in the building is no more than 7.0 metres above natural ground level, and(b) the ridge of the roof of the building is no more than 9.5 metres above natural ground level, and is not adorned by any finial or decorative crest, and(c) in the case of a garage on a site having frontage to Nolan Way and some other road, the access to the garage is from the other road, and(d) the building complies with the requirements set out in the document entitled Harrington Park Guidelines for ‘Residential 1’ development Stages 23 to 35, dated April 2003, and(e) the front fencing on the site is of a post and rail or post and wire construction, and(f) the building is set back from the side boundaries of the site, and(g) the building has a verandah that has a minimum depth of 2 metres and that extends across at least 50% of the front of the building (excluding any garage), and(h) any trees planted in the front yard of the site are of a species approved by the Council, and(i) the Council is satisfied that the building will not interfere to an unacceptable degree with the amenity of the locality by detracting from the visual or scenic quality of any ridgeline.(4A) The ridge of the roof of a building erected on any of the lots in the following Table must not have a height above Australian Height Datum greater than the height (in metres) specified in respect of that lot:
26 Development on steep land
(1) This clause applies to any land which has a slope greater than 1 in 5 (or 20 percent).(2) No excavation is to be made on any land to which this clause applies, and no filling shall be placed on any such land, without the consent of the Council.(3) Land to which this clause applies shall not be cultivated or have its surface otherwise disturbed except with the consent of the Council.(4) An application for consent to the carrying out of development on land to which this clause applies shall be accompanied by plans and details showing any proposed excavation or filling, the method of stabilising any slope produced in excess of the natural slope and existing vegetation and proposed plantings in and around any areas to be excavated or filled.(5) Notwithstanding subclause (2), consent is not required for an excavation or any filling of land which does not result in finished surface levels being more than 50 centimetres below or above the natural surface level of the land.cll 26–31: Ins 15.6.2001.
27 Notice of certain heritage development applications
For the purposes of the Act, the following is identified as advertised development:(a) demolishing, defacing or damaging a heritage item,(b) use of a building or land referred to in clause 31 for a purpose which, but for that clause, would be prohibited by this plan.cll 26–31: Ins 15.6.2001.
28 Notice to the Heritage Council
Before granting development consent to the demolishing, defacing or damaging of a heritage item, the Council must notify the Heritage Council of its intention to do so and take into consideration any comments received from the Heritage Council within 28 days after the notice is sent.cll 26–31: Ins 15.6.2001.
29 Development in the vicinity of heritage items and archaeological sites
The Council must consider the likely effect the proposed development will have on the heritage significance of a heritage item, archaeological site or potential archaeological site, when determining an application for consent to carry out development on land in its vicinity.cll 26–31: Ins 15.6.2001.
30 Development in the vicinity of Harrington Park Homestead
The Council shall not consent to development in the vicinity of the Harrington Park Homestead (being a heritage item) unless it has made an assessment of the likely effect of the carrying out that development will have on the heritage significance of the Homestead and its curtilage, on its setting and on views into and out of the site.cll 26–31: Ins 15.6.2001.
31 Conservation incentives
(1) The Council may grant consent to the use, for any purpose, of a building that is a heritage item, or of the land on which a building that is a heritage item is erected, even though the use would otherwise be prohibited by this plan, if it satisfied that:(a) the proposed use would not adversely affect the heritage significance of the heritage item, and(b) the conservation of the heritage item depends on the granting of the consent.(2) When considering an application for consent to erect a building on land on which a heritage item is located, the Council may, for the purpose of determining the floor space ratio and number of parking spaces to be provided on-site, exclude the floor space of the heritage item erected on the land, but only if the Council is satisfied that the conservation of the heritage item depends on such exclusion.cll 26–31: Ins 15.6.2001.
32 Development of certain land—“Struggletown”, Narellan
(1) This clause applies to land with frontage to Sharman Close and Stewart Street, Narellan, known as “Struggletown”, shown shaded on the map marked “Camden Local Environmental Plan No 123”.(2) Notwithstanding any other provision of this plan, development may be carried out, with the consent of the Council, on land to which this clause applies, for the purpose of the following:(a) art, craft and antique galleries,(b) bed and breakfast establishments,(c) conference facilities,(d) multi-unit housing,(e) craft studios,(f) refreshment rooms,(g) professional consulting rooms.(3) The Council may consent to development of the land for the purpose of multi-unit housing only if that development is in keeping with the character of the “Struggletown” precinct.(4) The Council may consent to development of the land for the purpose of a craft studio only if that development:(a) involves the manufacture, display and sale of handmade goods only, and(b) involves the use of an existing building or the erection of a new building that is compatible with the character of the “Struggletown” precinct, and(c) does not interfere with the amenity of the locality because of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, wastewater, waste products, grit or oil, or otherwise, and(d) does not involve exposure to view from any adjacent premises or from any public place of any unsightly matter, goods or products, and(e) does not give rise to traffic levels that would have an adverse effect on the amenity of the surrounding locality.(5) The Council may consent to development of the land for the purpose of a bed and breakfast establishment only if that establishment is operated in a dwelling-house by its permanent residents to provide short term paid accommodation (which may include meals). That development may include ancillary buildings so long as they are within the curtilage of the dwelling-house.cll 32: Ins 17.5.2002.
33 Development of certain land—Stewart Street, Narellan
(1) Notwithstanding any other provision of this plan, development may by carried out, with the consent of the Council:(a) on proposed Lot 41 in a resubdivision of Lot 4, DP 847690, for the purposes of a motel, function centre and conference facilities, and(b) on proposed Lot 42 in a resubdivision of Lot 4, DP 847690, for purposes ancillary to public recreation and drainage.(2) A plan showing the proposed lots is available at the office of the Council.cll 33: Ins 17.5.2002.
Schedule 1 Heritage items
(Clause 6 (1))
Harrington Park Homestead, Camden Valley Way, Harrington Park.Sharman Close
No 2, Lot 1, DP 734161 (“Boyd Gallery”)—3300-06830-5
sch 1: Ins 15.6.2001. Am 17.5.2002.