Part 1 Preliminary
1 Name of plan
This plan is called Crookwell Local Environmental Plan 1994.
2 What is the purpose of the plan?
(1) The general aims of this plan are:(a) to encourage the proper management, development and conservation of natural and human resources within Crookwell by protecting, enhancing or conserving:(i) prime crop and pasture land,(ii) timber, mineral, soil, water and other natural resources,(iii) areas of significance for nature conservation,(iv) areas of high scenic or recreational value, and(v) places and buildings of archaeological or heritage significance, including Aboriginal relics and places, and(b) to replace the existing planning controls with a single local environmental plan to help facilitate growth and development of Crookwell in a way that is consistent with the aims listed in paragraph (a) above and that:(i) minimises the cost to the community of fragmented and isolated development of rural land,(ii) facilitates the efficient and effective delivery of amenities and services,(iii) facilitates a range of residential and employment opportunities in accordance with demand,(iv) facilitates farm adjustments, and(v) ensures that the efficiency of major traffic routes is not adversely affected by development on adjacent land.
3 Where does this plan apply?
This plan applies to all land within the area of Crookwell which is inside the heavy black line on the map.
4 How does this plan affect other plans?
On the day this plan is published in the Government Gazette, all existing plans applying to land within the area of Crookwell, to the extent that they apply to that land, cease to operate.
5 What do terms in this plan mean?
(1) In this plan:advertising means the use of a building or place for the display of symbols, messages or other devices for promotional purposes, whether or not the display involves the erection of a structure or the carrying out of a work.agriculture means:(a) the cultivation of crops, including cereals, fruit, vegetables and flowers, or(b) the keeping or breeding of livestock or bees, orfor commercial purposes, but does not include the use of land for an “intensive livestock establishment”.(c) the cultivation of plants in a wholesale plant nursery,appointed day means the day on which this plan takes effect (which is the day on which it is published in the Government Gazette).animal boarding or training establishment means a building or place for the boarding, breeding or training of animals and includes a riding school and veterinary clinic.boarding house includes a house let in lodgings and a hostel, but does not include a motel.caravan park means land used for the accommodation of caravans or other movable dwellings within the meaning of the Local Government (Caravan Parks and Camping Grounds) Transitional Regulation 1993.commercial premises means a building or place used as an office or for other business or commercial purposes, but does not include a building or place elsewhere specifically defined in this clause.council means the Council of Crookwell.dual occupancy building means a building containing 2, but not more than 2, dwellings.dwelling house means a building containing 1 but not more than 1 dwelling.existing holding means any area, lot, portion or parcel of adjoining or adjacent land to which this plan applies held in the same ownership on 1 July 1993 and includes such land:(a) from which land has been excised for a public purpose after that date, and(b) affected by a subdivision for the purposes of boundary adjustment after that date.extractive industry means:(a) the winning of extractive material, or(b) an industry or undertaking not being a mine, which depends for its operations on the winning of extractive material from the land upon which it is carried on.extractive material means sand, gravel, clay, turf, soil, rock, stone or similar substance.forestry includes arboriculture, silviculture, forest protection, the cutting, dressing and preparation, otherwise than in a sawmill, of wood and other forest products and the establishment of roads required for the removal of wood and forest products and for forest protection.general store means a shop used for the sale by retail of general merchandise and which may include the facilities of a post office.hotel means the premises to which a hotelier’s licence granted under the Liquor Act 1982 relates.industry means:(a) any manufacturing process within the meaning of the Factories, Shops and Industries Act 1962, or(b) the breaking up or dismantling of any goods or any article for trade or sale or for gain as an operation ancillary to any business.intensive livestock establishment means a building or place where cattle, sheep, goats, poultry and other birds or other livestock are held for the purpose of nurturing by feeding method other than natural grazing and, without limiting the generality of the foregoing, includes:(a) feedlots,(b) piggeries,(c) poultry farms, andbut does not include an animal boarding or training establishment or land used for the keeping of livestock or poultry intended solely for personal consumption by the person living on the land or intensive hand feeding of livestock as a result of natural disaster such as drought, flood or bush fire.(d) fish farming (including farming of crustaceans and oysters),item of environmental heritage means a building, work, relic or place of historic, scientific, cultural, social, architectural, archaeological, natural or aesthetic significance to Crookwell and described in Schedule 1.junk yard means land used for the collection, storage, abandonment or sale of scrap metals, waste paper, rags, bottles or other scrap materials or goods used for the collecting, dismantling, storage, salvaging or abandonment of automobiles or other vehicles or machinery or for the sale of their parts.liquid fuel depot means a depot or place used for the bulk storage for wholesale distribution of petrol, oil, petroleum or other inflammable liquid.mine means any place, open cut, shaft, tunnel, pit, drive, level or other excavation, drift, gutter, lead, vein, lode or reef on which, in which or by use of which any operation is carried on for or in connection with the purpose of obtaining any metal or mineral by any mode or method and any place on which any product of the mine is stacked, stored, crushed or otherwise treated, but does not include a quarry.motel means a building or buildings (other than a hotel, boarding house or residential flat building) substantially used for the overnight accommodation of travellers and the vehicles used by them, whether or not the building or buildings are also used in the provision of meals to those travellers or the general public.motor showroom means a building or place used for the display or sale of motor vehicles, caravans or boats, whether or not motor vehicle accessories, caravan accessories or boat accessories are sold or displayed in or on it.offensive or hazardous industry means an industry which, by reason of the processes involved or the method of manufacture or the nature of the materials used or produced, requires isolation from buildings.prime crop or pasture land means land identified by the Director-General of the Department of Agriculture as class 1, 2 or 3 and shown as such on a map held by the Council.recreation area means:(a) a children’s playground,(b) an area used for sporting activities or sporting facilities, orbut does not include a racecourse or a showground.(c) an area used to provide facilities for recreational activities which promote the physical, cultural or intellectual welfare of persons within the community, being facilities provided by:(i) a public authority, or(ii) a body of persons associated for the purpose of the physical, cultural or intellectual welfare of persons within the community,refreshment room means a restaurant, cafe, tea room, eating house or the like.residential flat building means a building containing 2 or more dwellings.rural industry means handling, treating, processing or packing of primary products and includes the servicing in a workshop of plant or equipment used for rural purposes in the locality.sawmill means a mill handling, cutting and processing timber from logs or baulks.shop means a building or place used for the purpose of selling, exposing 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 the clause.stock and sale yard means a building or place used for the purpose of offering animals for sale and includes a public cattle market.the Act means the Environmental Planning and Assessment Act 1979.the map means the map marked Crookwell Local Environmental Plan 1994 as amended by the maps (or the specified sheets of 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.(2) In this plan:(a) a reference to a map is a reference to a map kept at the council’s office, and(b) 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.cl 5: Am 2004 No 91, Sch 2.15 [1].
6 Who is the consent authority?
The Crookwell Council is the consent authority for development applications relating to land to which this plan applies.
Part 2 Zoning Controls
7 What zones apply
All land is included in one of the following zones which are shown on the map as follows:
Part 3 Special provisions
8 What must council consider, other than the zone objectives, when deciding whether to consent to development?
In deciding whether to consent to development of land, the council must consider:(a) the present use of the land and the potential of such of the land as is prime crop and pasture land for sustained agricultural production,(b) the vegetation, timber production, land capability (including soil resources and soil stability) and water resources (including the quality and stability of water courses and ground water storage and riparian rights),(c) the future recovery from known or prospective areas of valuable deposits of minerals, coal, petroleum, sand, gravel or other extractive materials,(d) the protection of areas of significance for nature conservation or of high scenic or recreational value, and of places and buildings of archaeological or heritage significance (including Aboriginal relics and places),(e) the cost of providing, extending and maintaining public amenities and services to buildings or works that will result from carrying out the development, and(f) future expansion of settlements in the locality.
9 What is required for the subdivision of land
Consent must be obtained from the council for all subdivisions other than those involving:(a) minor boundary adjustments which do not create any additional allotments,(b) consolidation of existing allotments,(c) road widening, or(d) closure and transfer of unformed roads to adjoining properties.
10 What information must be provided to council when making an application to subdivide land in zone 1 (a), 1 (c) or 1 (d)?
Before granting consent for a subdivision of land within zone 1 (a), 1 (c) or 1 (d), the council must:(a) ascertain the main purpose for which each allotment is to be used,(b) identify any allotment intended to be used primarily for agriculture,(c) identify any allotment on which it is intended to erect a dwelling and ascertain whether building a dwelling is the main reason for creating the allotment, and(d) ascertain the approximate location of any existing dwelling on the land.
11 What is the minimum size for new agricultural allotments in zones 1 (a) and 1 (c)?
New allotments proposed to be used for the purpose of agriculture in zone 1 (a) or 1 (c) must meet the following standards:(a) where the allotment being created for the purpose of agriculture has no dwelling erected on it, the allotment may be of any size, and(b) where there is a dwelling already built on the allotment being created for the purpose of agriculture, the allotment must have a minimum area of 80 hectares.
12 What are the requirements that apply to subdivisions of land in zone 1 (a) for the purpose of creating dwelling house lots?
(1) Dwelling house lots can only be excised from land within zone 1 (a) that is, or is part of, an existing holding which has an area of not less than 40 hectares.(2) Any such dwelling house lot must not be less than 2 hectares in area.(3) Any such dwelling house lot must not comprise prime crop and pasture land unless:(a) there is no land of lesser agricultural quality within the holding, or(b) the council is satisfied that no other land within the holding could reasonably be used for dwelling house lots.(4) Not more than one dwelling house lot can be excised from an existing holding within zone 1 (a) which has an area of 40 hectares or more but less than 80 hectares and not more than two lots can be so excised where the existing holding has an area of 80 hectares or more.(5) The maximum number of dwelling house lots referred to in subclause (4) includes:(a) (Repealed)(b) any allotment of less than 40 hectares in area excised from land described in Schedule 2 as a result of an approval granted by the council for the purpose of erecting a dwelling after 1 July 1993 and prior to the appointed day, and(c) any allotment or portion of land on which a dwelling is allowed to be erected by clause 14 (2).(6) In this clause, dwelling house lot means an allotment proposed to be used for the purpose of a dwelling house.cl 12: Am 23.6.2000; 13.10.2000.
13 What are the requirements for subdividing land in zone 1 (a) for a purpose other than agriculture or a dwelling?
(1) The council can consent to the subdivision of land within zone 1 (a) for a purpose other than agriculture or a dwelling only if:(a) the land is identified by the Director-General of the Department of Agriculture as class 4 or 5 on a map and held in the office of the council, and(b) in the opinion of the council, the area of the allotment to be created is appropriate for the purpose it is to be used for.(2) Despite subclause (1) (a), the council may consent to the subdivision of prime crop or pasture land within zone 1 (a) where it is satisfied that:(a) no other land of lesser quality in the locality could reasonably be used for the intended purpose,(b) the proposed use of the land involves the supply of goods and services for which there is a genuine demand in the locality, or(c) the intended purpose otherwise justifies the creation of the allotment notwithstanding its agricultural value.
14 What are the requirements for erecting dwellings on land zoned 1 (a) or 1 (c)?
(1) Land within zone 1 (a) on which a dwelling may be erected must:(a) have an area of not less than 80 hectares, or(b) be a dwelling house lot excised in accordance with clause 12, or(c) be an existing holding having an area of more than 40 hectares but less than 80 hectares from which an allotment has been excised in accordance with clause 12 and where the land on which the dwelling is proposed to be erected has an area of not less than 40 hectares, or(d) be a lot in a subdivision for a purpose other than agriculture or for dwellings consented to by the council in accordance with clause 13, but only if the council is satisfied that the use of the dwelling will be ancillary to the primary purpose for which the land will be used, or(e) be a lot in a subdivision which was approved by the council before the appointed day and which met the requirements for a lot on which the dwelling could have been lawfully erected that applied before that day.(2) Despite subclause (1), a dwelling house may be erected on:(a) an existing allotment, or(b) a portion of land that is not an existing holding, but is part of an existing holding having an area of not less than 40 hectares.(2A) In relation to an existing allotment or portion of land referred to in subclause (2):(a) the provisions of clause 12 (3) apply to any such allotment or portion, and(b) any such allotment or portion is, for the purposes of clause 12 (5), to be counted as an allotment created in accordance with clause 12 (4).(3) Land within zone 1 (c) on which a dwelling may be erected must:(a) have an area of not less than 80 hectares, or(b) be an existing holding on which no dwelling is erected, or(c) be a lot in a subdivision which was approved by the council before the appointed day and which met the requirements for a lot on which the dwelling could have been lawfully erected that applied before that day.(4) Except where allowed for elsewhere in this part, only one dwelling may be erected on land. This does not, within zone 1 (a) or 1 (c) however, prevent a second dwelling being erected which is intended to replace an existing dwelling and which is not occupied until after the existing dwelling is demolished.cl 14: Am 23.6.2000.
15 What are the requirements for the erection of dwelling houses and the subdivision of land in zone 1 (d) and zone 2 (v)?
(1) Land within zone 1 (d) and zone 2 (v) may be subdivided to create one or more dwelling house lots only if each of the lots will have an area of at least 2 hectares.(2) Dwelling houses may be erected on land within zone 1 (d) and zone 2 (v) only if the land has an area of at least 0.4 hectares.(3) Before consenting to a development in accordance with this clause, the council must take into account:(a) the land capability (including soil resources and soil stability), and any natural constraints or hazards affecting the land,(b) where the development is for the subdivision of land, whether a range of allotments sizes would be desirable,(c) whether services can be economically provided to the land, and(d) whether effluent can be safely disposed of on site.(4) In this clause, dwelling house lot means an allotment proposed to be used for the purpose of a dwelling house and which does not have a dwelling house erected on it.cll 15: Subst 23.6.2000. Am 13.10.2000.
16 Can more than one dwelling be erected on land zoned 1 (a) or 1 (c) to house rural workers?
With the consent of the council, additional dwellings to house rural workers can be erected on land which has an area of not less than 80 hectares and on which there is a dwelling already built, where:(a) the council is satisfied that the dwellings are intended to house rural workers who are employed on the property and that the nature of the agricultural activity carried out requires resident rural workers, and(b) the additional dwellings are located on the same allotment of land as the existing dwelling so that they cannot be separately owned unless the council consents to a subsequent subdivision of the land in accordance with this plan.
17 What standards apply to residential development in urban areas within the town of Crookwell?
(1) Each dwelling house within zone 2 (v) that is located within the town of Crookwell:(a) requires a minimum allotment size of 650 square metres, and(b) must be connected to a reticulated water supply and a sewer servicing the allotment, except where the council approves under subclause (2) of the on-site disposal of effluent and the use of tank water.(2) The council may approve of the on-site disposal of effluent and the use of tank water if the allotment has an area of 2 hectares or more.cll 17: Subst 23.6.2000. Am 13.10.2000.
18 Is dual occupancy development permitted?
(1) The council may consent to:(a) alterations or extensions to an existing dwelling so as to create 2 dwellings, oron any land on which a dwelling house can be erected in accordance with this plan.(b) the erection of a building containing 2 dwellings,(2) Where the land is within zone 2 (v), the council must not grant such a consent unless the land has an area of at least 400 square metres and is connected to a reticulated water supply and a sewer servicing the allotment.
19 What are the requirements for advertising and notification of development applications?
Before the council grants consent for development listed in Schedule 3, the proposed development must be advertised by the council in a local newspaper and owners of land adjoining the land concerned must be notified by the council of the proposed development.
20 What are the restrictions on development fronting main and arterial roads?
(1) In this clause, classified road means:• State Road 54 (Goulburn to Bathurst via Crookwell)• Regional Road 248 (Boorowa–Taralga)• Regional Road 52 (Canberra to Crookwell via Gunning)(2) When considering whether to grant consent to development on land which:(a) fronts a classified road,(b) solely relies on a classified road for its access, orThe council must consider:(c) has access to a road which intersects with a classified road, where the point of access is within 90 metres of the intersection of the road and the classified road,(d) whether the traffic likely to be generated by the development will cause a traffic hazard or reduce the capacity and efficiency of the classified road,(e) whether it is important for the development to be located near the classified road,(f) the access points and on-site arrangements for vehicle movement and parking, and(g) the effect the development will have on future improvements or realignment of the classified road.(3) Development referred to in Schedule 3 on land within zone 1 (a) or 1 (c) which is within 400 metres of the alignment of State Highway 54 (Goulburn to Bathurst via Crookwell), Regional Road 248 (Boorowa–Taralga) and Regional Road 52 (Canberra to Crookwell via Gunning) is prohibited.cl 20: Am 23.6.2000; 2004 No 91, Sch 2.15 [2].
21 What are the restrictions on land prone to flooding?
(1) The council will not consent to development on land which it considers to be prone to flooding if the development is likely to:(a) restrict the flow of water on the land or on adjoining land,(b) endanger life in time of flood,(c) worsen the impact of flood water through erosion, siltation or the destruction of vegetation, or(d) have an adverse effect on the water table of the land or adjoining land.(2) The council must also take into consideration, when deciding whether to approve or refuse a development application that involves land it considers to be prone to flooding:(a) the cumulative effect the development will have on flood behaviour,(b) the risk of pollution to waterways from the development, and(c) whether access to the site of the proposed development will be available in times of flood.
22 What provisions relate to bush fire hazard?
In considering an application for consent to develop land the council considers to be subject to bush fire hazards, the council must make an assessment of:(a) the nature and degree of the hazard, and any appropriate measures to reduce the hazard,(b) in the case of development involving a subdivision of land:(i) whether the subdivision has been designed to enable the siting of any buildings to be erected on the land of least risk,(ii) whether a perimeter road should be provided on the land or adjoining land as a fire break or to allow access for fire fighting vehicles, and(iii) the necessity of increasing the depth of allotments adjoining land which may be the source of a bush fire hazard, whether or not the source is defined by a perimeter road, for the purpose of providing a fire radiation zone, and(c) in the case of development involving buildings:(i) whether the buildings are to be located to reduce bush fire hazard,(ii) whether fireproof building materials are required,(iii) access for firefighting purposes, and(iv) the means available to ensure that fire protection measures, including fire radiation zones and bush hazard reduction, will be appropriately maintained.cl 22: Am 23.6.2000.
23 What are the public road access restrictions?
A means of access to a public road cannot be established, except with the consent of the council.
24 What building setbacks apply?
(1) On land within zone 1 (a), 1 (c) or 1 (d) which has frontage to a road, the council may require that any building be setback from the nearest alignment of the road at a distance determined by the council having regard to:(a) the nature, scale and function of the building, and(b) the maximisation of sight distances for drivers using the road, including visibility of points of access to the road,(2) A boarding house or a residential flat building must not be erected on an allotment of land within a residential zone closer than 9 metres to a main or arterial road.
24A Development within the hydrological catchment comprising intensive plant growing
(1) This clause applies to the hydrological catchment within the meaning of Drinking Water Catchments Regional Environmental Plan No 1.(2) The objective of this clause is to ensure that development with the potential to adversely impact on water quality in the hydrological catchment requires development consent.(3) For the purposes of this clause, intensive plant growing on land means market gardening, fungi growing, fruit growing, flower growing, viticulture or the like for commercial purposes, but does not include growing field crops (such as wheat, oats, oilseed or legumes) or any species of plant for pastures.(4) Despite clause 7 or any other provision of this plan, the consent of the Council is required for development that comprises intensive plant growing.cl 24A: Ins 2006 (289), Sch 1.3.
25 What council development does not require development consent?
(1) The council is not required to obtain development consent to carry out development, in any zone, for the purpose of the following:(a) roads,(b) stormwater drainage,(c) bush fire hazard reduction,(e) parking,(f) landscaping,(g) gardening.(2) With the exception of development for the purpose of landscaping or gardening, persons other than the council may carry out the above development only with the consent of the council.
26 Does clearing of land require consent?
(1) On land within zone 1 (a), 1 (c) or 1 (d), the consent of the council must be obtained for land clearing, that is the removal of trees and vegetation, where the area of land to be cleared is greater than 2 hectares.(2) In this clause, land clearing does not include the clearing of regrowth from land previously cleared for agricultural use, or the cutting down of individual trees for farm purpose such as fencing, firewood and the like, nor does it include clearing for the purpose of air navigation safety, land survey, fencing or bush fire hazard reduction.
27 What controls are there on the erection of advertising structures?
The erection of an advertising structure requires the consent of the council and:(a) if erected within zone 2 (v):(i) it must relate to the land on which it is situated, or to premises on or adjacent to that land, and(ii) it may only specify one or more of the following particulars:• the purpose for which the land or premises is or are used,• identifying the persons using the land and a description of an occupation or business carried out on that land or at those premises,• particulars of the goods or services dealt with on the land or at those premises, and(b) if erected within zone 1 (a), 1 (c) or 1 (d):(i) it must be of the kind permitted by paragraph (a), or(ii) its purpose must be to direct the travelling public to tourist facilities or activities or to places of interest.
28 Development near zone boundaries
Where land in a zone is located within 50 metres of a zone boundary, the council may consent to development on that land for a purpose permissible in the adjoining zone on the other side of the boundary where, in the council’s opinion, the development is desirable due to design, ownership, servicing or other planning considerations.
29 Can land be used for any purpose on a temporary basis?
Despite other provisions of this plan, the council may consent to the use of land for any purpose (not being designated development) for a maximum period of 28 days, whether consecutive or non-consecutive, in any one year.
Part 4 Special requirements relating to heritage conservation
30 Definitions
In this Part:alter, in relation to a heritage item, means:(a) make structural changes to the outside of the heritage item building or work, or(b) make non-structural changes to the detail, fabric, finish or appearance of the outside of the heritage item, building or work other than changes that result from maintenance of the existing detail, fabric, finish or appearance of the outside of the heritage item, building or work.demolition, in relation to a heritage item, means the damaging, defacing, destruction, pulling down or removal of the heritage item, in whole or in part.heritage significance means historic, scientific, cultural, social, archaeological, architectural, natural or aesthetic significance.maintenance means the continuous protective care of the fabric of an item of environmental heritage and its setting.relic means any deposit, object or material relating to the settlement (including Aboriginal habitation) of the area of Crookwell which is 50 or more years old.
31 What controls apply to the development of heritage items?
(1) For a building, work, relic, tree or place that is an item of environmental heritage, a person must not, except with the council’s consent:(a) demolish, or alter the building or work, or(b) damage or remove the relic, or excavate for the purpose of exposing the relic, or(c) damage or despoil the place or tree, or(d) erect a building on or subdivide land on which the building, work or relic is situated or that comprises the place, or(e) damage any tree on land on which the building, work or relic is situated or on land which comprises the place.(2) In considering a development application required by subclause (1), the council must consider how what is proposed would affect the heritage significance of the item, and any stylistic or horticultural features of its setting.
32 What restrictions apply to development near heritage items?
The council must not consent to the carrying out of development near an item of environmental heritage unless it has first assessed the effect the development will have on the heritage significance of the item and its setting.
33 What incentives are there for heritage conservation?
Despite other provisions of this plan, the council may grant consent for the use, for any purpose, of a building that is an item of environmental heritage or the land on which it is erected where it is satisfied that:(a) the proposed use will have little or no adverse effect on the heritage significance of the item, and(b) the conservation of the building depends on the council granting the consent.
34 Do applications relating to heritage items need to be advertised?
(1) Where a person makes an application for consent to demolish a building or work that is or an item of environmental heritage use a building or land as referred to in clause 33 for a purpose which is otherwise prohibited by this plan, the council must advertise the application in accordance with sections 84, 85, 86, 87 (1) and 90 of the Act in the same way as if it were designated development.(2) Where a person makes an application for consent to demolish a building or work that is an item of environmental heritage, the council cannot grant consent until 28 days after it has notified the Secretary of the Heritage Council of its intention to do so.(3) Subclauses (1) and (2) do not apply to the partial demolition of an item of environmental heritage where, in the council’s opinion, the partial demolition will be of a minor nature and will not adversely affect the heritage significance of the item as it relates to the environmental heritage of the Crookwell local government area.
35 What savings provisions apply with respect to activities of government instrumentalities?
Nothing in this plan restricts or prohibits or enables the council to restrict or prohibit:(a) the use of existing buildings of the Crown by the Crown,(b) the carrying out by persons carrying on railway undertakings on land comprised in their undertakings of:(i) any development required in connection with the movement of traffic by rail, including the construction, reconstruction, alteration, maintenance and repair of ways, works and plant, and(ii) the erection within the limits of a railway station of buildings for any purpose, but excluding:• the construction of new railways, railway stations and bridges over roads,• the erection, reconstruction and alteration of buildings for purposes other than railway purposes outside the limits of a railway station and the reconstruction or alteration, so as materially to affect their design, of railway stations or bridges,• the formation or alteration of any means of access to a road, and• the erection, reconstruction and alteration of buildings for purposes other than railway purposes where such buildings have direct access to a public place,(c) the carrying out by persons carrying on public utility undertakings, being water, sewage, drainage, electricity or gas undertakings, of any of the following development, being development required for the purpose of their undertakings:(i) development of any description at or below the surface of the ground,(ii) the installation of any plant inside a building or the installation or erection within the premises of a generating station or substation established before the appointed day of any plant or other structures or erections required in connection with the station or substation,(iii) the installation or erection of any plant or other structures or erections by way of addition to or replacement or extension of plant or structures or erections already installed or erected, including the installation in an electrical transmission line of substations, feeder-pillars or transformer housing, but not including the erection of overhead lines for the supply of electricity or pipes above the surface of the ground for the supply of water, or the installation of substations, feeder-pillars of transformer housings of stone, concrete or brickworks,(iv) the provision of overhead service lines in pursuance of any statutory power to provide a supply of electricity,(v) the erection of service reservoirs on land acquired or in process of being acquired for that purpose before the appointed day, provided reasonable notice of the proposed erection is given to the council, or(vi) any other development except:• the erection of buildings, the installation or erection of plant or other structures or erections and the reconstruction or alteration, so as materially to affect their design or external appearance, of buildings, or• the formation or alteration of any means of access to a road,(d) the carrying out by persons carrying on public utility undertakings, being water transport undertakings, on land comprised in their undertakings, of any development required in connection with the movement of traffic by water, including the construction, reconstruction, alteration, maintenance and repair of ways, buildings, wharves, works and plant required for that purpose, except:(i) the erection of buildings and the reconstruction or alteration of buildings so as materially to affect their design or external appearance, or(ii) the formation or alteration of any means of access to a road,(e) the carrying out by persons carrying on public utility undertakings, being wharf or river undertakings, on land comprised in their undertakings, of any development required for the purposes of shipping or in connection with the embarking, loading, discharging or transport of passengers, live-stock or goods at a wharf or the movement of traffic by a railway forming part of the undertaking, including the construction, reconstruction, alteration, maintenance and repair of ways, buildings, works and plant for those purposes, except:(i) the construction of bridges, the erection of any other buildings, and the reconstruction or alteration of bridges or of buildings so as materially to affect their design or external appearance, or(ii) the formation or alteration of any means of access to a road,(f) the carrying out by persons carrying on public utility undertakings, being air transport undertakings, on land comprised in their undertakings, within the boundaries of any aerodrome, of any development required in connection with the movement of traffic by air, including the construction, reconstruction, alterations, maintenance and repairs of ways, buildings, wharves, works and plant required for that purpose, except:(i) the erection of buildings and the reconstruction or alteration of buildings so as materially to affect their design or external appearance, or(ii) the formation or alteration of any means of access to a road,(g) the carrying out by persons carrying on a public utility undertakings, being road transport undertakings, on land comprised in their undertakings, of any development required in connection with the movement of traffic by road, including the construction, reconstruction, alteration, maintenance and repair of buildings, works and plant required for that purpose, except:(i) the erection of buildings and the reconstruction or alteration of buildings so as materially to affect their design or external appearance, or(ii) the formation or alteration of any means of access to a road,(h) the carrying out of any development required in connection with the construction, reconstruction, improvement, maintenance or repair of any road, except the widening, realignment or relocation of such road,(i) the carrying out of any forestry work by the Forestry Commission, a school forest trust or community forest authorities empowered under relevant Acts to undertake afforestation, roading, protection, cutting and marketing of timber, and other forestry purposes under such Acts or upon any Crown land temporarily reserved from sale as a timber reserve under the Forestry Act 1916,(j) the carrying out by a Rural Lands Protection Board of any development required for the improvement and maintenance of travelling stock and water reserves, except:(i) the erection of buildings and the reconstruction or alteration of buildings so as materially to affect their design or purpose, or(ii) any development designed to change the use or purpose of any such reserve,(k) the carrying out or causing to be carried out by a council engaged in flood mitigation works or by officers of the Department of Water Resources of any work for the purposes of soil conservation, irrigation, afforestation, reafforestation, flood mitigation, water conservation or river improvement in pursuance of the provisions of the Water Act 1912, the Farm Water Supplies Act 1946 or the Rivers and Foreshores Improvements Act 1948, except:(i) the erection of buildings, the installation or erection of plant or other structures or erections and the reconstruction or alteration of buildings so as materially to affect their design or external appearance, or(ii) the formation or alteration of any means of access to a road,(l) the use of land for the purpose of construction and development of roads, drainage and public infrastructure services.
Schedule 1 Items of environmental heritage
(Clause 5)
1 Crookwell Railway Station.
2 Former Mill known as Stephenson’s Mill, rear of Commercial Hotel, Roberts Street, Crookwell.
3 Westpac Bank (formerly Bank of N.S.W.), corner Goulburn and Spring Streets, Crookwell. (1876)
4 Courthouse Group, Goulburn Street:—(Courthouse (1891) Former Magistrate’s Residence and lock up).
5 Binda Anglican Church, St. James, (1864, Rev. R. Leigh).
6 Crookwell River Bridge, Crookwell—Binda Road.
7 “Gundowringa” homestead, Goulburn Road.
8 The Bookkeepers Cottage—Lot 1 Section 15 DP 759000 Parish of Tuena.
sch 1: Am 23.6.2000.
Schedule 2 Land referred to in clause 12 (5) (b)
(Clause 12 (5) (b))
1 Portions 71, 83, 275, 276, 277, 278, 311, 312 and 353, Parish of Grabben Gullen.
2 Lot 41, DP 754146 and Portions 15, 46 and 73, Parish of Wheeo.
3 Lot 1, DP 783213.
4 Lot 362, DP 721879.
5 Portion 1, Parish of Tyrl Tyrl.
Schedule 3 Development which must be advertised and is prohibited near certain roads
(Clauses 19, 20 (2))
1 Demolition of a building or work that is an item of environmental heritage, not being a partial demolition, which (in the opinion of the council) is of a minor nature and will not significantly affect the value of the building or work as part of the environmental heritage of Crookwell.
2 Development for the purpose of boarding houses, hotels, motels, or residential flat buildings.
3 Development for the purpose of an industry, other than a rural industry, in zone 1 (a), 1 (c) or 2 (v).
4 Development for the purpose of intensive livestock establishments, junk yards, liquid fuel depots, sawmills or stock and sales yards.