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

Part 1 Introduction

1 Name of plan

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

2 Land to which this plan applies

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

3 Aims and objectives

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

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

Sustainability Objective

To ensure that all forms of new urban development conform to the principles of ecologically sustainable development and do not exceed the servicing capacity of the land on which the development is carried out.

Development Opportunity Objectives

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

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

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

Tourism
To encourage an expanded tourism industry in Dubbo.

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

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

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

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

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

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

Environmental Management Objectives

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

Salinity
To reduce the spread of urban salinity.

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

Waterways
To ensure safe, sustainable and multifunctional riverine environments.

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

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

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

Bushfire
To protect life, property and the environment from bushfire hazards by discouraging the establishment of incompatible land uses in bushfire prone areas and to encourage sound management of bushfire prone areas.

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

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

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

cl 3: Am 2006 (296), Sch 1 [1]–[5].

4 Relationship to other environmental planning instruments

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

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

5 Definitions

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

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

(3)  Notes included in this plan do not form part of this plan.

cl 5: Am 2006 No 120, Sch 2.24 [1].

6 Consent authority

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

Part 2 Provisions applicable to all zones

7 Environmental management

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

8 Flood prone land

(1)  Consent may be granted to development for the purposes of emergency services, emergency facilities, emergency operation centres or the like that, in the opinion of the consent authority, are essential in times of major flooding, but only in a location where the consent authority is satisfied that they will be fully operational during a probable maximum flood.

(1A)  Consent may be granted to development for the purposes of essential infrastructure, such as water supply, sewerage, telephones, electricity and the like, but only in a location where the consent authority is satisfied that the infrastructure will be fully operational during a probable maximum flood.

(1B)  Despite subclause (1A), consent may be granted to development for the purposes of such essential infrastructure in any other location, but only if, in the opinion of the consent authority:

(a)  it is not practicable for the infrastructure to be in a location referred to in subclause (1A), and

(b)  the design and construction of the infrastructure will render the infrastructure flood proof or will ensure that services can be easily restored after a flood.

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

(a)  impede the flow of floodwater, or

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

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

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

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

(f)  increase dependency on emergency services,

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

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

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

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

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

cl 8: Subst 3.5.2002. Am 2006 (296), Sch 1 [6].

8A Bushfire protection

(1)  This clause applies to the following land:

(a)  all land identified as bushfire prone land on the bush fire prone land map,

(b)  land taken to be bushfire prone land under clause 42 of Schedule 6 to the Act,

(c)  land that, in the opinion of the consent authority, is prone to bushfire.

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

(a)  there is no significant threat to the lives of residents, visitors or emergency services personnel that may be created or increased as a result of the development or the access arrangements to and from the development, and

(b)  the measures adopted in relation to the development to avoid or mitigate the threat of bushfire (including the siting of the development, design of structures and materials used, clearing of vegetation, fuel reduced areas and landscaping and fire control aids, such as roads and water supplies) are adequate for the locality and will not result in unacceptable or unsustainable environmental impacts, and

(c)  the development will not cause any significant increase in demand for emergency services during bushfire events that would decrease the ability of emergency service personnel to effectively control major bushfires, and

(d)  the development is unlikely to have a significant adverse effect on the implementation of strategies for bushfire control or fuel management adopted by the Council.

cl 8A: Ins 2006 (296), Sch 1 [7].

9 Development along Transport Corridors

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

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

(b)  identified on Sheet 2,

of the Zoning Map.

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

(a)  one of the following applies:

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

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

(b)    (Repealed)

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

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

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

(f)  the land comprises a lot that has access to a Transport Corridor and was lawfully created by a subdivision, the consent for which was granted before the appointed day.

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

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

(a)  the efficiency of the Transport Corridor,

(b)  the visual quality of the locality,

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

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

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

cl 9: Am 2006 (296), Sch 1 [8] [9].

10 Development near Dubbo Airport

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

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

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

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

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

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

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

(b)  carry out development for the purpose of:

(i)  a dam or reservoir, or

(ii)  the handling or storage of grain, or

(iii)  the disposal of refuse, or

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

(v)  an abattoir, or

(vi)  a stock yard complex, or

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

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

except with the consent of the consent authority.

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

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

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

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

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

11 Character conservation area

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

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

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

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

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

(d)  erecting a building.

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

cl 11: Am 13.10.2000.

12 Exhibition homes

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

13 Subdivision of land generally

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

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

(a)  widening or opening a public road,

(b)  rectifying an encroachment on an allotment,

(c)  creating a public reserve,

(d)  consolidating allotments,

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

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

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

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

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

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

cl 13: Am 3.5.2002; 2006 (296), Sch 1 [10] [11].

14 Savings provisions applicable to activities of government instrumentalities

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

15 Temporary use of land

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

16 Additional uses of land

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

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

17 Covenants, agreements etc

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

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

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

17A Classification and reclassification of public land as operational land

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

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

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

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

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

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

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

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

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

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

cl 17A: Ins 13.10.2000. Subst 24.12.2004.

18 Advertisements

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

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

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

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

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

(a)  a shop window display, or

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

on land to which the display or sign relates.

19 Community use of schools

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

19A What is exempt development?

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

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

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

cll 19A: Ins 31.3.2000.

19B What is complying development?

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

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

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

subject to subclauses (2) and (3).

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

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

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

cll 19B: Ins 31.3.2000.

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

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

cl 19C: Ins 3.5.2002.

Part 3 Zoning controls

Division 1 General effect of zoning

20 General zoning controls

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

1 (b) Urban/Rural Buffer Zone

1 (e) Urban Expansion Zone

2 (a) Residential Suburban Zone

2 (b) Residential Medium Density Zone

2 (c) Residential Fringe Zone

2 (d) Residential Cluster Zone

2 (e) Residential Country Zone

3 (a) Regional Business Zone

3 (b) Sub-regional Business Zone

3 (c) Neighbourhood Business Zone

3 (d) Tourism and Leisure Zone

3 (e) Special Business Zone

4 (a) Light Industrial Zone

4 (b) General Industrial Zone

4 (c) Special Industrial Zone

5 (a) Institutional Zone

5 (b) Utilities Zone

6 (a) Public Open Space Zone

6 (b) Private Open Space Zone

6 (c) Commercial Recreation Zone

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

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

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

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

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

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

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

cl 20: Am 3.5.2002.

Division 2 Rural zones

21 Rural zonings

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

1 (b) Urban/Rural Buffer Zone

1 (e) Urban Expansion Zone

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

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

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

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

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

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

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

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

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

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

agriculture; environmental conservation; home based child care establishments; home occupations.

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

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

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

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

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

cl 22: Am 13.10.2000; 3.5.2002; 2006 (296), Sch 1 [12]–[15].

23 Subdivision of land within Zone 1 (b)

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

cl 23: Am 3.5.2002.

24 Dwelling houses on land within Zone 1 (b)

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

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

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

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

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

cl 24: Am 2006 (296), Sch 1 [16].

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

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

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

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

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

(i)  transportable, or

(ii)  capable of being converted to another use permissible on, and consistent with the lawful primary use of, the land concerned, and

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

cl 25: Am 2006 (296), Sch 1 [17].

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

agriculture; environmental conservation; home occupations.

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

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

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

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

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

cl 26: Am 13.10.2000; 3.5.2002; 2006 (296), Sch 1 [13] [15] [18].

27 Subdivision of land within Zone 1 (e)

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

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

cl 27: Am 3.5.2002; 2006 (296), Sch 1 [19].

28 Dwelling houses on land within Zone 1 (e)

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

(a)  the land:

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

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

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

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

cl 28: Am 2006 (296), Sch 1 [20].

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

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

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

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

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

(i)  transportable, or

(ii)  capable of being converted to another use permissible on, and consistent with the lawful primary use of, the land concerned, and

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

cl 29: Am 2006 (296), Sch 1 [21].

Division 3 Residential zones

30 Residential zonings

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

2 (a) Residential Suburban Zone

2 (b) Residential Medium Density Zone

2 (c) Residential Fringe Zone

2 (d) Residential Cluster Zone

2 (e) Residential Country Zone

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

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

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

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

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

(b)  to encourage innovative and environmentally sustainable design,

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

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

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

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

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

environmental conservation; home based child care establishments; home occupations.

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

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

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

artificial waterbodies; bed and breakfast accommodation; boarding houses; child care centres; corner stores; educational establishments; extended family units; guesthouses or hostels; home businesses; home industries; places of worship; semi-detached housing; veterinary hospitals.

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

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

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

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

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

cl 31: Am 3.5.2002; 2006 (296), Sch 1 [12] [13] [20] [22]–[24]; 2006 No 120, Sch 2.24 [2].

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

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

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

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

33 Non-residential uses within Zone 2 (a)

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

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

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

cl 33: Subst 3.5.2002.

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

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

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

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

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

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

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

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

environmental conservation; home based child care establishments; home occupations.

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

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

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

boarding houses; child care centres; corner stores; extended family units; home businesses; semi-detached housing.

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

cl 34: Am 3.5.2002; 2006 (296), Sch 1 [12]–[14] [22] [23].

35 Subdivision of land within Zone 2 (b)

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

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

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

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

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

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

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

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

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

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

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

environmental conservation; home based child care establishments; home occupations.

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

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

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

artificial waterbodies; bed and breakfast accommodation; corner stores; educational establishments; extended family units; home businesses; home industries; semi-detached housing.

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

cl 36: Am 3.5.2002; 2006 (296), Sch 1 [11]–[14] [22] [23].

37 Subdivision of land within Zone 2 (c)

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

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

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

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

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

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

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

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

cl 37: Am 3.5.2002.

38 Dwelling houses on land within Zone 2 (c)

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

cl 38: Am 2006 (296), Sch 1 [25].

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

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

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

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

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

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

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

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

environmental conservation; home based child care establishments; home occupations.

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

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

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

bed and breakfast accommodation; corner stores; extended family units; home businesses; home industries; semi-detached housing.

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

cl 39: Am 2006 (296), Sch 1 [12]–[14] [22] [23].

40 Subdivision of land within Zone 2 (d)

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

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

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

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

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

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

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

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

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

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

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

agriculture; environmental conservation; home based child care establishments; home occupations.

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

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

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

bed and breakfast accommodation; bulk fuel stores; corner stores; extended family units; farmstay establishments; home businesses; home industries; treated waste application; veterinary hospitals.

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

cl 41: Am 3.5.2002; 2006 (296), Sch 1 [12]–[14] [22] [23].

42 Subdivision of land within Zone 2 (e)

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

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

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

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

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

cll 42: Am 2006 (296), Sch 1 [20].

43 Dwelling houses on land within Zone 2 (e)

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

cll 43: Am 2006 (296), Sch 1 [20].

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

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

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

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

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

(i)  transportable, or

(ii)  capable of being converted to another use permissible on, and consistent with the lawful primary use of, the land concerned, and

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

cl 44: Am 2006 (296), Sch 1 [26].

Division 4 Business zones

45 Business zonings

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

3 (a) Regional Business Zone

3 (b) Sub-regional Business Zone

3 (c) Neighbourhood Business Zone

3 (d) Tourism and Leisure Zone

3 (e) Special Business Zone

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

environmental conservation; home based child care establishments; home occupations.

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

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

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

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

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

cl 46: Am 13.10.2000; 3.5.2002; 2006 (296), Sch 1 [13] [15] [22] [27] [28].

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

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

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

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

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

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

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

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

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

environmental conservation; home based child care establishments; home occupations.

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

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

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

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

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

cl 47: Am 2006 (296), Sch 1 [13] [29].

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

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

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

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

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

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

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

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

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

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

environmental conservation; home occupations.

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

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

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

cultural centres; veterinary hospitals.

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

cl 48: Am 3.5.2002; 2006 (296), Sch 1 [11] [13] [22].

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

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

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

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

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

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

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

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

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

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

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

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

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

environmental conservation; home occupations.

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

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

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

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

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

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

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

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

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

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

cl 49: Am 2.11.2001; 3.5.2002; 2006 (296), Sch 1 [13] [23] [30]–[32].

49A Subdivision of land within Zone 3 (d)

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

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

cl 49A: Ins 3.5.2002.

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

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

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

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

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

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

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

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

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

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

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

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

environmental conservation; home occupations.

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

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

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

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

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

cl 50: Am 3.5.2002; 2006 (296), Sch 1 [11] [13] [33] [34].

51 Floor space limits

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

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

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

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

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

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

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

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

cl 52: Am 3.5.2002.

Division 5 Industrial zones

53 Industrial zonings

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

4 (a) Light Industrial Zone

4 (b) General Industrial Zone

4 (c) Special Industrial Zone

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

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

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

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

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

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

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

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

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

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

environmental conservation; home occupations.

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

bulk fuel stores; car parks; child care centres; communications facilities; community service facilities; corner stores; drainage; dwelling houses (where ancillary to another lawful use of the land and situated on the same land as that lawful use); home industries; light industries; plant nurseries; recreation areas; recreation facilities; roads; service stations; transport depots; utility undertakings; vehicle repair stations; veterinary hospitals; warehouses or distribution centres.

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

brothels; cultural centres; materials recycling depots; restricted premises; vehicle body repair workshops.

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

cl 54: Am 3.5.2002; 2006 (296), Sch 1 [13] [35] [36].

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

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

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

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

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

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

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

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

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

environmental conservation; home occupations.

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

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

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

aerodromes; brothels; companion animal facilities; cultural centres; restricted premises; rural industries.

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

cl 55: Am 13.10.2000; 3.5.2002; 2006 (296), Sch 1 [13] [15] [37].

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

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

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

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

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

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

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

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

environmental conservation; home occupations.

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

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

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

aerodromes; companion animal facilities; cultural centres; extractive industries; mining; rural industries.

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

cl 56: Am 3.5.2002; 2006 (296), Sch 1 [11] [13] [15].

57 Specific controls for brothels and restricted premises

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

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

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

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

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

cl 57: Am 3.5.2002.

Division 6 Special use zones

58 Special use zonings

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

5 (a) Institutional Zone

5 (b) Utilities Zone

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

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

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

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

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

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

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

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

environmental conservation; home occupations.

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

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

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

cultural centres.

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

cl 59: Am 3.5.2002; 2006 (296), Sch 1 [13] [38].

59A Special provision concerning RAAF site

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

cl 59A: Ins 3.5.2002.

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

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

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

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

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

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

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

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

environmental conservation; home occupations.

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

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

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

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

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

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

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

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

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

cl 60: Am 3.5.2002; 2006 (296), Sch 1 [13] [39].

Division 7 Recreational zones

61 Recreational zonings

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

6 (a) Public Open Space Zone

6 (b) Private Open Space Zone

6 (c) Commercial Recreation Zone

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

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

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

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

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

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

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

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

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

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

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

environmental conservation; recreation areas.

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

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

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

cultural centres; treated waste application.

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

cl 62: Am 3.5.2002.

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

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

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

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

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

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

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

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

(f)  to protect natural wetlands.

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

agriculture; environmental conservation; home occupations.

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

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

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

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

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

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

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

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

(c)  in the opinion of the consent authority:

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

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

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

cl 63: Am 13.10.2000; 3.5.2002; 2006 (296), Sch 1 [11] [13] [15] [20] [27] [40].

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

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

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

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

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

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

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

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

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

environmental conservation; home occupations.

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

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

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

animal establishments; cultural centres; extended family units; veterinary hospitals.

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

cl 64: Am 2006 (296), Sch 1 [11] [13] [23].

Part 4 Conservation of heritage items

pt 4: Subst 2006 (296), Sch 1 [41].

64A Heritage objectives

The objectives of this plan in relation to heritage are:

(a)  to conserve the environmental heritage of the City of Dubbo, and

(b)  to conserve the heritage significance of existing significant fabric, relics, settings and views associated with the heritage significance of heritage items, and

(c)  to ensure that archaeological sites and places of Aboriginal heritage significance are conserved.

cl 64A: Ins 2006 (296), Sch 1 [41].

65 Protection of heritage items and relics

(1)  The following development may be carried out only with development consent:

(a)  demolishing or moving a heritage item,

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

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

(d)  disturbing or excavating a place of Aboriginal heritage significance or an archaeological site while knowing, or having reasonable cause to suspect, that the disturbance or excavation will or is likely to result in a relic being discovered, exposed, moved, damaged or destroyed,

(e)  moving the whole or a part of a heritage item,

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

(2)  Development consent is not required by this clause if:

(a)  in the opinion of the consent authority:

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

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

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

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

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

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

(4)  Before granting a consent required by this clause, the consent authority must assess the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item concerned.

(5)  The assessment referred to in subclause (4) must include consideration of a heritage impact statement that addresses at least the following issues (but is not to be limited to assessment of those issues, if the heritage significance concerned involves other issues). The consent authority may also decline to grant such a consent until it has considered a conservation management plan, if it considers the development proposed should be assessed with regard to such a plan.

(6)  The minimum number of issues that must be addressed by the heritage impact statement are:

(a)  the heritage significance of the item as part of the environmental heritage of the Dubbo City local government area, and

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

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

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

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

cll 65–70: Subst 2006 (296), Sch 1 [41].

66 Application for demolition

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

(2)  The consent authority may grant consent for the demolition of a building or item in excess of fifty years old only after the heritage significance of that building or item has been investigated.

cll 65–70: Subst 2006 (296), Sch 1 [41].

67 Conservation incentives relating to heritage items

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

(a)  the retention of the heritage item depends on the granting of consent, and

(b)  the proposed development is in accordance with a conservation management plan that has been approved by the consent authority, and

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

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

(e)  the proposed development would not have any significant adverse affect on the amenity of the surrounding area.

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

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

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

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

cll 65–70: Subst 2006 (296), Sch 1 [41].

68 Heritage advertisements and notifications

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

(a)  the demolition of a heritage item,

(b)  the carrying out of any development allowed by clause 67.

(2)  Before granting consent for the demolition of a heritage item identified in Schedule 5 as being of State significance, the consent authority must notify the Heritage Council of the application and take into consideration any comments received in response within 28 days after the notice is sent.

cll 65–70: Subst 2006 (296), Sch 1 [41].

69 Development in the vicinity of a heritage item

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

(2)  This clause extends to development:

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

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

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

(3)  Such consent must not be granted unless the consent authority has considered a heritage impact statement that assesses the impact of the proposed development on the heritage significance, visual curtilage and setting of the heritage item.

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

cll 65–70: Subst 2006 (296), Sch 1 [41].

70 Archaeology

(1)  Before granting consent for development that is likely to have an impact on a place of Aboriginal heritage significance or a potential place of Aboriginal heritage significance, or that will be carried out on an archaeological site of a relic that has Aboriginal heritage significance, the consent authority must:

(a)  consider a heritage impact statement explaining how the proposed development would affect the conservation of the place or site and any relic known or reasonably likely to be located at the place or site, and

(b)  except where the proposed development is integrated development, notify the local Aboriginal communities (in such way as it thinks appropriate) and the Director-General of the Department of Environment and Conservation of its intention to do so and take into consideration any comments received in response within 28 days after the relevant notice is sent.

(2)  Before granting consent for development that will be carried out on an archaeological site or a potential archaeological site of a relic that has non-Aboriginal heritage significance (whether or not it is, or has the potential to be, also the site of a relic of Aboriginal heritage significance), the consent authority must:

(a)  consider a heritage impact statement explaining how the proposed development will affect the conservation of the site and any relic known or reasonably likely to be located at the site, and

(b)  notify the Heritage Council of its intention to do so and take into consideration any comments received in response within 28 days after the notice is sent.

(3)  Subclause (2) does not apply if the proposed development:

(a)  does not involve disturbance of below-ground deposits and the consent authority is of the opinion that the heritage significance of any above-ground relics would not be adversely affected by the proposed development, or

(b)  is integrated development.

cll 65–70: Subst 2006 (296), Sch 1 [41].

Part 5 Miscellaneous

pt 5: Ins 3.5.2002.

71 Land shown uncoloured

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

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

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

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

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

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

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

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

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

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

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

(iii)  the availability of parking.

cl 71: Ins 3.5.2002.

72 Redevelopment of certain corner shops

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

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

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

Table

35 East Street	lot 13 DP 24578 (The Scot’s corner store)
115 Thompson Street	lot 142 DP 534280 (West End store)
3–7A Wattle Street	lots 9–13 DP 207464 (Wattle Street shops)
77 Myall Street	lot 1 DP 43489 (Manera Mini Mart)
1 Bishop Street	lot A DP 337776 (Ex corner store/residence)
251 Brisbane Street	lot 16 Sec D DP 33637 (Marshall’s convenience store)
6 Dalton Street	pt lot 5 DP 16093 (Ex corner store/residence)
51–53 Dalton Street	pt lot A and pt lot B DP 391802 (South Dubbo Butchery)
249 Darling Street	pt cnr lot 11 DP 193007 (Joe’s Fish Shop)
174 Darling Street	lot B DP 402503 (Wallys Corner Store)
267 Darling Street	cnr Lot 11 DP 975591 (Zannes Hair)
269 Darling Street	lot C DP 162326 (Johnson’s Butchery)
271–275 Darling Street	pt lot A and pt lot B DP 162326 (Dwelling/ex takeaway-hairdresser)
198 Darling Street	lot 1 DP 518204 (Bob’s Pet Supplies)
293 Darling Street	pt lot 51 DP 564089 (Dwelling)
327 Darling Street	lot 1 DP 455311 and lot 1 DP 318651 (Anna’s General Store/hairdresser)
343A Darling Street	lot 111 DP 209367 (Dubbo Podiatry/ex ham curers)
225–227 Fitzroy Street	lot 3 DP 11646 (Kerry’s corner store/barber’s shop)
247–251 Fitzroy Street	lots 5 and 6 Sec A DP 2860 (Granny’s House/ex take-away)
79–85 Jubilee Street	lots 1–4 DP 703574 (Jubilee Shopping Centre)
64 Palmer Street	lot A DP 372489 (Buckley’s corner store)
36 Nancarrow Street	lot 1 DP 577328 (ex shop/residence)
102 Gipps Street	lot 3 DP 14847 (Karam corner store)
11 Short Street	lot D DP 389765 (Short Street Store)
82–82A Wingewarra Street	lots 1 and 2 DP 200898 (Renatta’s Hairdresser/take-away)
112 Erskine Street	lot 5 DP 12919 (Northside Sandwich Shop)
34 Bourke Street	lot 1 DP 195957 (Printorama Take-away Food)
142 Erskine Street	cnr lot B DP 346811 (Crossroads)
2/102 Fitzroy Street	cnr lots 4 and 5 DP 460 and DP 346811 (Roundabout lunch)
136–138 Myall Street	lot 4 DP 398 (Myall St Mini Mart)
150 Cobra Street	lot 6 Section 33 DP 10232 (dwelling and shopfront)
152 Cobra Street	lot 1 DP 309752 (incorporating mini mart and takeaway food shops and dwelling at rear)

cl 72: Ins 3.5.2002. Am 2006 (296), Sch 1 [42].

73 Acquisition of land for public purposes

(1)  The Council is the authority of the State that will be the relevant authority to acquire land within zone 5 (b) or 6 (a) if the land is required to be acquired under Division 3 of Part 2 of the Land Acquisition (Just Terms Compensation) Act 1991.

(2)  Until the land referred to in subclause (1) is acquired by the Council, development may be carried out on that land with the consent of the consent authority.

(3)  In determining whether to grant consent to proposed development as referred to in subclause (2), the consent authority must take into consideration:

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

(b)  the costs of reinstatement of the land for the purposes for which the land is to be acquired, and

(c)  the imminence of acquisition.

cl 73: Ins 2006 (296), Sch 1 [43].

sch 1: Am 13.10.2000; 2.11.2001; 3.5.2002; 2004 No 91, Sch 2.22 [1] [2]; 11.2.2005; 2006 (101), cl 4; 2006 (296), Sch 1 [44]–[56]; 2007 (641), Sch 5.11.

Dictionary

(Clause 5 (1))

Schedule 2 Development by public authorities

(Clause 14)

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

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

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

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

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

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

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

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

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

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

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

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

Schedule 3 Additional uses of land

(Clause 16)

Land known before the appointed day as:

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

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

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

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

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

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

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

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

Lot B, DP 162468 (Strata Plan No 19646), 92–94 Brisbane Street—light industry involving food processing/manufacturing

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

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

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

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

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

(b)    (Repealed)

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

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

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

(f)  traffic impacts will be minimised, and

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Lot 3 DP 258008, 56 Wheelers Lane (designated as “Orana Mall” on the Zoning Map) within Zone 3 (b)—a 200 square metre fast food outlet that exceeds the maximum floorspace ratio allowed by clause 51.

Land that is comprised in one lot (being land that before the appointed day was known as Lot 1 Section 3 DP 758201, Lot 233 DP 822451 or Lot 331 DP 754308)—development for the purpose of any of the following:

(a)  bed and breakfast accommodation, but only if the development is ancillary to the use of the land as a vineyard,

(b)  no more than two self-contained cabins for the short term accommodation of tourists, but only if the development is ancillary to the use of the land as a vineyard,

(c)  a wine tasting or refreshment area, but only if the development is ancillary to the use of the land as a winery.

Lot A or B DP 346429, 100–102 Bultje Street—development for the purpose of medical consulting rooms.

Lot 200 DP 1037184, Wingewarra Street (“Apex Oval” site)—development for the purpose of a club or restaurant room.

sch 3: Am 13.10.2000; 3.5.2002; 2006 (296), Sch 1 [57]–[59].

Schedule 4 (Repealed)

sch 4: Rep 3.5.2002.

Schedule 5 Heritage items

Note—

The map marked “Heritage Items” identifies each of the following items by the relevant heritage item (H) number specified in the following table. The map is held in the office of the Council.

Street	No	Name	Item	Lot	Sec	DP	Council Parcel Identifier	State Heritage Inventory No	Level of Heritage Significance	Heritage Item (H) Number
Belmore Street	7		House	8	5	907	8394	1520242	Local	H1
Bishop Street	1		Shop front	A		337776	8420	1520245	Local	H2
	19		Brick house	N		383165	8431	1520404	Local	H3
Bourke Street		“Ranelagh”	Brick house & curtilage	518		603598	6972	1520254	Local	H4
		“Tantallon”	Rendered rammed earth house	21		715331	6974	1520103	Local	H5
	106		Brick house	18		5855	7032	1520264	Local	H6
	108		Brick house	17		5855	7033	1520266	Local	H7
	110		House, garden & fence	16		5855	7034	1520267	Local	H8
	122	“Eastonville”	Brick house	17	20	1541	9076	1520123	Local	H9
	135		Brick cottage	6	18	758361	9111	1520270	Local	H10
	137		Brick cottage	1		996193	9112	1520271	Local	H11
Brisbane Street	72	“Old Macquarie Brewery”	Victorian stone building	2		580341	9498	1520279	Local	H12
	79	“Hub of the West Lodge”	Brick house (now motel/guest house)	781		997786	9520	1520275	Local	H13
	81		Timber cottage	1		783042	9521	1520276	Local	H14
	101–105	Ben Furney Flour Mills	Assorted buildings	100		808182	16173	1520278	Local	H15
	137	Dubbo Courthouse	Courthouse, curtilage & fence	7		40398	9774	1520280	Local	H16
				15	4	758361	9775
	142	Dubbo Lands Office	Two storey timber & iron building	3	11	758361	9741	1520293	Local	H17
	144		Two storey brick building	1	11	10863	9742	1520294	Local	H18
	156	Holy Trinity Anglican Church	Stone church buildings	6	10	758361	9749	1520297	Local	H19
				7	10	758361	21946
	161	Commercial Hotel	Hotel building	A		164067	9787	1520281	Local	H20
	162	Brotherhood House	Residential building	5	10	758361	9750	1520298	Local	H21
	169	“Westbury”	Two storey house	3		507416	9793	1520138	Local	H22
	200	St Brigids Catholic Church	Sandstone church building & curtilage	8	8	758361	9761	1520299	Local	H23
	200	Catholic Presbytery	Two storey brick building	6	8	758361	9763	1520300	Local	H24
	201		Brick cottage	1		794729	9809	1520285	Local	H25
	203	“Aberdour”	Brick cottage	1		794604	9810		Local	H26
	234	“Araluen”	Weatherboard cottage	1		137398	21496	1520301	Local	H27
	236	“Moira”	Weatherboard cottage	1		136745	8456	1520302	Local	H28
	270		House	2	A	9489	8480	1520304	Local	H29
Bultje Street	41–45	Convent of Mercy	Two storey brick building	9		758361	9853	1520305	Local	H30
	52	“Iownit”	Brick house	5		6604	9829	1520310	Local	H31
	104		Brick house	A		390552	9134	1520312	Local	H32
	105		Brick house	6		491	9177	1520308	Local	H33
				7		491	9178
	108		Brick house	2		225613	9136	1520314	Local	H34
	114	“Dalkeith”	Brick cottage	5		225613	9139	1520317	Local	H35
	117	“Pretoria”	Brick house & fence	4		978043	6603	1520309	Local	H36
	122	“Hazeldene”	Brick house	2		579472	9143	1520140	Local	H37
Bunglegumbie Road	6R	“Mount Olive”	Stone cottage	3		250606	11958	1520494	Local	H38
Buninyong Road		Old Buninyong School	Former school building	302		754308	5341	1520480	Local	H39
Cadell Street	6		Brick bungalow	12		740060	21977	1520320	Local	H40
Carrington Avenue	40	“Mayville”	Weatherboard cottage	12	9	2335	9861	1520321	Local	H41
Church Street	31–33	Former Masonic Hall	Two storey brick commercial building	12		531603	9917	1520328	Local	H42
	36	Salvation Army Citadel	Brick building	1		67318	9896	1520331	Local	H43
	64–66	“The Drop Inn”	Brick “Drop Inn” building	A		376141	15522	1520333	Local	H44
		Wesley Centre Uniting Church	Brick church building						Local	H45
Cobra Street	44	“The Sheiling”	Brick semi-detached dwelling	A		406488	9939	1520338	Local	H46
	46	“...onbar”	Brick semi-detached dwelling	B		406488	9940	1520338	Local	H47
	91	“Yandoya”	House	3		6278	8584		Local	H48
	121		Brick house	A		191927	8593	1520337	Local	H49
Cooreena Road	4R	“Dubbo City Airport”	Airport facility & associated infrastructure	8		1022049	20590		Local	H50
Crum Avenue	7		Stone house	1		207464	931	1520340	Local	H51
Dalton Street	18B	“Lowana”	Brick bungalow	31		1053233	21369	1520341	Local	H52
Darling Street	54		Weatherboard bungalow	3		37494	9539	1520345	Local	H53
	75		Brick house & fence	5	14	758361	9572	1520344	Local	H54
	82		Two storey brick terrace dwelling	21	16	595680	9551	1520346	Local	H55
	84		Two storey brick terrace dwelling	22	16	595680	9552	1520346	Local	H56
	86		Two storey brick terrace dwelling	23	16	595680	9553	1520346	Local	H57
	106		Stone cottage	4		1006205	20316		Local	H58
	111		Stone house	701		1020026	9583		Local	H59
	116	Old Fire Station	Two storey brick fire station building	1		1038705	9231	1520357	Local	H60
	179	Dubbo Public School Principal’s Residence	Brick house	12	10	758361	21644	1520349	Local	H61
	181	Dubbo Public School	Brick school buildings	1		724331	9958	1520351, 1520142, 1520350, 1520352, 1520150	State	H62
	207		Rendered ashlar coursing cottage	1	9	3138	9965	1520354	Local	H63
	209		Two storey brick terrace dwelling	A	9	435243	9966	1520355	Local	H64
	211		Two storey brick terrace dwelling	B	9	435243	9967	1520355	Local	H65
	212		House	C		398000	8618	1520362	Local	H66
	213		Two storey brick terrace dwelling	C	9	435243	9968	1520355	Local	H67
	215		Two storey brick terrace dwelling	D		435243	9969	1520355	Local	H68
	224		Brick bungalow & fence	80		555353	8624	1520363	Local	H69
	331		House	102		569156	8674	1520358	Local	H70
Dulhunty Avenue	12		Bungalow	20	79	10150	7856	1520367	Local	H71
Dunedoo Road		Beni Church	Church building	74		754287	18799	1520477	Local	H72
Erskine Street	21		Timber bungalow	1		329002	9616	1520368	Local	H73
	28–32		Brick building & fence	8	A	2699	9599	1520370	Local	H74
	45	Former Police station and residence	Brick building	701		1020026	9583	1520369	Local	H75
	62–66	Western Star Hotel	Brick hotel building	513		878055	19770		Local	H76
	68		Semi-detached housing building	514		878055	19771	1520371	Local	H77
Eulomogo Road	24L (see also Pinedale Road)		Pise house	65		754287	12702		Local	H78
Fitzroy Street	68		Rendered cottage	17		710	7136	1520373	Local	H79
	120		Stone cottage	3	1	286	7156	1520374	Local	H80
	146		Timber cottage	2	2	286	7169	1520375	Local	H81
		Dubbo Showground	Old grandstand	310		754308	6716	1520377	Local	H82
	169		Brick bungalow	10	24	589	7216	1520376	Local	H83
	225		Fibro/ weatherboard shop building	3		11646	8693	1520378	Local	H84
	253		Brick house	89		730974	17038	1520382	Local	H85
	261	“Tutuila”	Weatherboard house	A		414981	8710	1520383	Local	H86
Gipps Street	123		Brick cottage	A		1165	9327	1520400	Local	H87
	125		Brick house	1		904148	21930	1520401	Local	H88
	125A
	127		Brick cottage						Local	H89
	131		Two storey brick house	1		347462	9339	1520399	Local	H90
	148		Brick bungalow	3		9051	8721	1520405	Local	H91
	155		Brick bungalow	1		321360	15621	1520404	Local	H92
	178		Brick house	2		307406	8742	1520407	Local	H93
	188	“Belmont”	Brick house	B		398171	8746	1520408	Local	H94
Hennessy Road		“Holmwood”	Brick house & former schoolhouse	1341		787623	1	1520491	Local	H95
				1342		787623
Jannali Road			World War II military fuel depot	1		431554	6252		Local	H96
Jubilee Street	34		Timber cottage	A		392233	3254		Local	H97
Macleay Street	37		Brick house	6		999302	9671	1520413	Local	H98
	68		Brick semi-detached dwelling	A		406931	7302	1520414	Local	H99
	70		Brick semi-detached dwelling	B		406931	7303	1520414	Local	H100
	72		Timber cottage	7		469	7304	1520415	Local	H101
Macquarie Street	69–79	“Macquarie Chambers”	Two storey commercial building	2		654866	16727	1520417	Local	H102
				3		654867	10065
	87–89	Westpac Bank	Two storey commercial building	10		758361	10068	1520418	Local	H103
	98	Old Post Office	Two storey commercial building with clock tower	101		833808	17674	1520071	Local	H104
	110–114	National Australia Bank	Two storey commercial building	1		995606	10007	5045275	State	H105
	116–120A	“Colonial Mutual”	Three storey commercial building	1		607846	10008	5045497	State	H106
	131–135	“Commercial Union Assurance”	Two storey commercial building	1		1012065	10082	1520421	Local	H107
	146–162	“The Western Stores”	Two storey department store building	5	5	758361	10022	1520430	Local	H108
				1		906696	10021
	193	Old Shire building	Two storey stone commercial building	51		591672	10094	1520008	State	H109
	195–197	“Kemwah”	Two storey brick commercial building	11		601633	10095	1520423	State	H110
	215		Brick house	9	2	475	10103	1520424	Local	H111
		“Old Dubbo Gaol”	Assorted stone buildings & timber structures, including residence	4		40398	10003	1520070	Local	H112
	228–234	Formerly “Dubbo Museum”	Two storey masonry commercial building	1		545488	10529	1520431	Local	H113
	302		Brick house	14	A	32693	8836	1520532	Local	H114
	342		Brick bungalow	1		166714	8846	1520441	Local	H115
	380	“Cardiff”	Brick house	21		595176	8034	1520443	Local	H116
	385	“Regand Park”	Brick house	9		545272	8325	1520053	Local	H117
Mitchell Street	4		Rendered cottage	3		816639	16898	1520533	Local	H118
	6		Brick cottage	2		816639	16897	1520446	Local	H119
Myall Street	29		Brick house	6		37776	9693	1520141	Local	H120
	34		Brick house	12		37456	9689	1520450	Local	H121
	160		Brick cottage	5		12828	7441	1520452	Local	H122
	170	Dubbo Base Hospital	Two storey brick hospital building	32		747737	7443	3540096	Local	H123
Nancarrow Street	8	“Bonnie-Rigg”	Brick house	4	2	9744	8904	1520452	Local	H124
Obley Road	21L	“Cootha”	Stone house	9		753233	12266	1520482	Local	H125
	23L	“Dundullimal”	Timber slab homestead building, timber shed and stone stables	1		800756	15307	1520017, 1520486, 1520518, 1520517	State	H126
Old Dubbo Road		“Old Dubbo Homestead”	House site including visible wall	31		738069	12593	1520519	Local	H127
	2R	“Miriam”	Weatherboard house	2		807767	4064	1520492	Local	H128
Palmer Street		“RAAF Stores Depot”	Corrugated iron hangars, corrugated iron storage sheds, other buildings, underground communications bunker	11		1050240	21324	1520148	State	H129
Pinedale Road	(see also Eulomogo Road)		Pise house	65		754287	12702		Local	H78
Quinn Street	7		Brick bungalow	15	2	6277	8966	1520456	Local	H130
	11		Masonry cottage	13	2	6277	8968	1520457	Local	H131
	14		Brick cottage	13		529558	8947	1520175	Local	H132
	15		Brick cottage	2	2	6278	8970	1520459	Local	H133
	16		Brick bungalow, fence & gate	1		210658	8948	1520176	Local	H134
	19		Brick house	4	2	6278	8972	1520460	Local	H135
	20		Weatherboard/ fibro bungalow	10	1	6278	8950	1520177	Local	H136
	23	“Westcliff”	Brick house	6	2	6278	8974	1520461	Local	H137
	31		Brick bungalow	7	2	9051	8978	1520463	Local	H138
Short Street	12		Brick house	10	41	758361	6843	1520181	Local	H139
Smith Street	13		Brick bungalow	21	A	32693	9015	1520185	Local	H140
	16		Brick bungalow, garden & front fence	1	D	33637	9001	1520187	Local	H141
Talbragar Street	79–97	Castlereagh Hotel	Two storey brick hotel building	11	4	758361	21790	1520189	Local	H142
	112–120	Pastoral Hotel	Two storey brick hotel building	2		82915	10137	1520191	Local	H143
		Old Station Master’s Residence (adjacent to Dubbo Railway Station)	Two storey stone building	2		1006205	20314	1520192	Local	H144
		Dubbo Railway Station	Stone railway station building			754308	18775	1520096	State	H145
Tamworth Street	27		Brick bungalow, fence & gates	3		10150	8256	1520199	Local	H146
	39		Brick bungalow	91		591302	8262	1520202	Local	H147
	44		Brick bungalow, front fence & gardens	13		249150	9040	1520209	Local	H148
				14		249150	9041
	45		Brick bungalow, front fence & gardens	3		15230	8265	1520203	Local	H149
	47	“Chesney”	Brick house	4		15230	8266	1520204	Local	H150
	63	“Waratah” (formerly “Baringa”)	Brick house	340		718588	8277	1520205	Local	H151
	69		Brick bungalow & garden	1		323434	8279	1520206	Local	H152
Taylor Street	62		Brick house	11		510310	3765	1520197	Local	H153
Thorby Avenue	8		Weatherboard house & front fence	1		516023	8286	1520210	State	H154
Wellington Road			World War II communications bunker/hut	120		660001	12626		Local	H155
Wingewarra Street	72	St Andrews Church	Brick/stone church building	19		1062953	21642	1520216	State	H156
		St Andrews Church	Brick church hall building					1520218	State	H157
	83	CWA Rooms	Brick building	9	9	2389	10213	1520212	Local	H158
	93		Brick semi-detached dwelling	1		350237	10219	1520214	Local	H159
	95		Brick semi-detached dwelling	1		668818	10220	1520214	Local	H160
	133		Brick house & garden	10		872973	20226	1520219	Local	H161
	149		Brick house & garden	1	20	1541	9418	1520221	Local	H162
	173	“Weeroona”	Brick house	1	1	10770	9431	1520223	Local	H163
Other		Macquarie River Rail Bridge (west of railway station)	Iron lattice girder bridge					1520527	State	H164

sch 5: Am 13.10.2000; 3.5.2002. Subst 2006 (296), Sch 1 [60]. Am 2006 No 120, Sch 2.24 [3].

Schedule 6 Waterways

(Schedule 1)

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

Schedule 7 Potential archaeological sites

(Schedule 1)

Editorial note—

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

Schedule 8 Classification and reclassification of public land as operational land

(Clause 17A)

Part 1 Interests not changed

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

Part 2 Interests changed

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

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

Zoning Map: Am 3.5.2002.