Gunnedah Local Environmental Plan 1998

Part 1 General provisions relating to administration of this plan

1 What is this plan called?

This plan is called Gunnedah Local Environmental Plan 1998.

2 What are the aims of this plan?

The aims of this plan are:

(a)  to consolidate and modernise existing planning controls in a manner that will foster and balance development and the conservation of land within the Gunnedah local government area, and

(b)  to repeal Gunnedah Local Environmental Plan 1986.

3 What are the objectives of this plan?

The objectives of this plan are:

(1)  Rural

(a)  to encourage the proper management, development and conservation of all prime agricultural land, and

(b)  to ensure that all development on rural land is sustainable in the long term, and

(c)  to ensure natural resources are conserved and to encourage proper management and development of natural and man-made resources.

(2)  Urban

(a)  to encourage the development of Gunnedah as the main retail, commercial and professional service centre within the Liverpool Plains area, and

(b)  to provide greater flexibility in residential living styles and increased residential amenity.

(3)  Industry

to encourage and facilitate a diverse range of industrial land use types.

(4)  Social welfare/well-being

to protect and enhance the social welfare/well-being of residents and ratepayers in the Gunnedah local government area.

(5)  Environmental protection

to sustain and enhance land of environmental and scenic sensitivity.

(6)  Heritage

to protect and conserve the heritage of the Gunnedah local government area.

(7)  Flooding

(a)  to reduce the incidence of damage and level of hazard to areas subject to flooding by managing development in the floodplain and in floodways, and

(b)  to allow more detailed controls on development in the floodplain and in floodways to be provided in the Council’s Interim Flood Prone Lands Policy.

4 What land does this plan apply to?

This plan applies to all land located within the Gunnedah local government area.

5 What is the relationship of this plan to other environmental planning instruments?

This plan repeals Gunnedah Local Environmental Plan 1986.

6 Definitions

(1)  In this plan:

abattoir means a building or place used for the slaughter of animals, whether or not also for the processing, manufacture or distribution of animal by-products, and includes a knackery.

advertising structure means any sign, notice, device or representation in the nature of an advertisement visible from any public place or public reserve or from navigable water, the purpose of which is to direct the travelling public to a tourist facility, or buildings or places of scientific, historical or scenic interest, within the Gunnedah local government area.

agriculture includes horticulture and the use of land for:

(a)  any purpose of husbandry, including the keeping or breeding of livestock, poultry or bees, or

(b)  the cultivation of crops and the growing of fruit, vegetables, and the like,

but (in Part 2) does not include any other land use elsewhere specifically defined in this plan.

airline terminal means a building or place used for the assembly of passengers and goods prior to the transport of those passengers and goods either to or from an airport or aerodrome.

animal boarding, breeding or training establishment means a building or place where cats, dogs or horses are bred, trained, nurtured or accommodated for gain or reward and includes a riding school.

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

archaeological site means a site identified in Part 2 of Schedule 1.

arterial road means a road or work or a proposed road or work declared under the Roads Act 1993 to be:

(a)  a main road, or

(b)  a secondary road, or

(c)  a State highway, or

(d)  a tourist road, or

(e)  a State work, or

(f)  a freeway, or

(g)  a controlled access road, or

shown on the map by a continuous black line on white with the letter “A” intermittently shown.

automotive business means a building or place used as or for any one or more of the following:

(a)  auto-electricians workshop,

(b)  auto spare parts sales,

(c)  car repair station,

(d)  tyre and car battery sales,

(e)  tyre retreading workshop.

aquaculture means the commercial production, including breeding, hatching, rearing or cultivation of marine, estuarine or fresh water organisms, including aquatic plants or animals (such as fin fish, crustaceans, molluscs or other aquatic invertebrates).

boarding house means a building:

(a)  at which accommodation, meals and laundry facilities are provided to the residents of the building, and

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

building line means the minimum offset, from a front, rear or side boundary (if any), fixed by the council.

bulk store means a building or place used for the bulk storage of goods, where the goods stored or to be stored are not required for use in a shop or commercial premises on the same parcel of land or on adjoining land in the same ownership.

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

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

bushfire hazard reduction means a reduction or modification (by controlled burning or mechanical or manual means) of material that constitutes a bushfire hazard in accordance with the document entitled Planning for Bush Fire Protection, ISBN 0 9751033 2 6, prepared by the NSW Rural Fire Service in co-operation with the Department of Planning, dated December 2006.

car repair station means a building or place used for carrying out repairs to motor vehicles or agricultural machinery, not being:

(a)  body building, or

(b)  panel beating which involves dismantling, or

(c)  spray painting other than of a touching up character.

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

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

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

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

commercial premises means a building or place used as an office or for other business or commercial purposes, but (in Part 2) does not include a building or place elsewhere specifically defined in this clause or a building or place used for a land use elsewhere specifically defined in this clause.

commercial sign means a sign, notice, device or representation in the nature of an advertisement, whether illuminated or not, which in respect of any place or premises to which it is affixed, contains only:

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

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

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

(d)  such directions or cautions as are usual or necessary relating to the place or premises or any occupation carried on there, or

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

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

(g)  a notice that the place or premises is or are for sale or letting together with particulars of the sale or letting, or

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

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

community facility means a building or place owned or controlled by the council, a public authority or a body of persons which may be used for the physical, social, cultural, economic or intellectual welfare of the local community, including:

(a)  a public library, a rest room, meeting rooms, recreation areas, child minding (including care and ancillary educational facilities, cultural activities and social functions), information centres, museums, galleries and the like, and

(b)  a local community club, being a building or place used by persons sharing like interests, but not including a registered club,

whether or not that building or place is also used for another purpose.

Council means the Gunnedah Shire Council.

demolish a heritage item or building work, relic, tree or place within a heritage conservation area means wholly or partly destroy or dismantle the heritage item or building, work, relic, tree or place.

demolish a building or work that is not a heritage item or within a heritage conservation area, means damage, deface, destroy, pull down or remove that building or work in whole or in part.

drive-in, take-away food shop means a shop having its own exclusive off-street parking and selling food for immediate consumption but operated in such a way that a proportion of the food sold is to be consumed elsewhere.

dual occupancy means 2 attached dwellings on a single allotment of land.

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

dwelling house means a building containing one, but not more than one, dwelling.

educational establishment means a building used as a school, college, technical college, academy, lecture hall, gallery or museum, but does not include a building used wholly or principally as an institution or child care centre.

exhibition home means a dwelling house used for display purposes initially, but intended for eventual permanent occupation as a dwelling.

existing holding means:

(a)  except as provided by paragraph (b), the area of a lot, portion or parcel of land as it was at the appointed day, or

(b)  if, at the appointed day, a person owned two or more adjoining or adjacent lots, portions or parcels of land, the combined area of those lots, portions or parcels as they were at that day.

extractive industry means:

(a)  the winning of extractive material, or

(b)  an undertaking, not being a mine, which depends for its operations on the winning of extractive material from the land on which it is carried on, and includes any washing, crushing, grinding, milling or separating into different sizes of that extractive material on that land.

extractive material means sand, gravel, clay, turf, soil, rock, stone or similar substances.

flood hazard means potential risk to life and limb and potential damage from flooding.

floodplain means flood prone land.

flood prone land means land identified as being within a flood prone area on the Flood Inundation Map dated 1978 related to the Council’s “Interim Policy on Development on Flood Prone Land” and available at the office of the Council and includes land that would be affected by the 1% probability flood.

flood proofing means measures to reduce or eliminate flood damage incorporated in the design, construction and alteration of individual buildings or structures subject to flooding.

floodway means a river or channel of a river or stream and those portions of the floodplain adjoining such a channel which constitute the main flow path of flood waters, as distinctively identified in the Council’s Interim Flood Prone Lands Policy.

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

floor space ratio of a building means the ratio of the gross floor area of the building to the area of the allotment on which the building is situated.

forestry includes arboriculture, silviculture, forest protection, the cutting, dressing and preparation, otherwise than in a saw mill, of wood and other forest products and the establishment of roads required for the removal of wood and forest products and for forest protection.

general store means a shop used for the sale by retail of general merchandise and which may include the facilities of a post office.

generating works means a building or place used for making or generating gas, electricity or other forms of energy.

gross floor area means the sum of the areas of each floor of a building, where the area of each floor is taken to be the area within the outer face of the external enclosing walls measured at a height of 1400 millimetres above each floor level, but excluding:

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

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

(c)  car-parking needed to meet any requirements of the Council and any internal access thereto, and

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

group home has the same meaning as in the standard instrument prescribed by the Standard Instrument (Local Environmental Plans) Order 2006.

habitable room means a living or working area, such as a lounge room, dining room, rumpus room, kitchen, bedroom or workroom or, in an industrial or commercial building, an area used for offices or to store valuable possessions susceptible to flood damage.

hazardous industry means a development for the purposes of an industry which, when the development is in operation and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the development from existing or likely future development on other land in the locality), would pose a significant risk in relation to the locality:

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

(b)  to the biophysical environment.

hazardous storage establishment means any establishment where goods, materials or products are stored which, when in operation and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the establishment from existing or likely future development on other land in the locality), would pose a significant risk in relation to the locality:

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

(b)  to the biophysical environment.

height limitation plan means the map entitled “Height Limitation Plan” and available for public inspection during office hours.

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

heliport means an area or place open to public use which is licensed by the Commonwealth Department of Transport for use by helicopters and includes terminal buildings and facilities for the parking, servicing and repair of helicopters.

heritage conservation area means land shown with heavy black edging and marked “Heritage Conservation Area” on the map and includes buildings, works, relics, trees and places situated on or within that land.

heritage item means a building, work, relic, tree or place (which may or may not be situated on or within land that is a heritage conservation area) described in Part 1 of Schedule 1.

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

home industry means an industry carried on in a building (other than a dwelling house or a dwelling in a residential flat building) under the following circumstances:

(a)  the building does not occupy a floor space exceeding 50 square metres and is erected within the curtilage of the dwelling house or residential flat building occupied by the person carrying out the industry or on adjoining land owned by that person, and

(b)  the industry does not involve:

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

(ii)  exposure to view from any adjacent premises or from any public place of any unsightly matter, or

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

(iv)  the exhibition of any notice, advertisement or sign (other than a notice, advertisement or sign exhibited on that dwelling house or dwelling to indicate the name and occupation of the resident).

home occupation means an occupation carried on in a dwelling house or in a dwelling in a residential flat building by the permanent residents of the dwelling house or dwelling which does not involve:

(a)  the registration of the building under the Factories, Shops and Industries Act 1962, or

(b)  the employment of persons other than those residents, or

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

(d)  the display of goods, whether in a window or otherwise, or

(e)  the exhibition of any notice, advertisement or sign (other than a notice, advertisement or sign exhibited on that dwelling house or dwelling to indicate the name and occupation of the resident), or

(f)  the sale of items (whether goods or materials) or the exposure or offer for sale of items, by retail.

hospital means a building or place (other than an institution) used for the purpose of providing professional health care services (such as preventative or convalescent care, diagnosis, medical or surgical treatment, care for people with developmental disabilities, psychiatric care or counselling and services provided by health care professionals) to people admitted as in-patients (whether or not out-patients are also cared for or treated there), and includes:

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

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

hotel means the premises to which a hotelier’s licence granted under the Liquor Act 1982 relates.

housing for aged or disabled persons means residential accommodation which may take any building form and which is, or is intended to be, used as housing for the permanent accommodation of aged persons or disabled persons.

industry means the manufacturing, assembling, altering, repairing, renovating, ornamenting, finishing, cleaning, washing, dismantling, processing or adapting of any goods or articles, but (in Part 2) does not include a land use elsewhere defined in this clause.

institution means a penal or reformative establishment.

intensive livestock keeping establishment means a building or place used to accommodate, in a confined area, and to rear or fatten (wholly or substantially) on prepared or manufactured feed, cattle, sheep, horses, goats, poultry or other livestock and exotic species and, without limiting the generality of that, includes:

(a)  feed lots,

(b)  piggeries, and

(c)  poultry farms,

but does not include animal boarding, breeding or training establishments, land used for the keeping of livestock or poultry intended solely for personal consumption or enjoyment by the owner or occupier of the land or opportunity feeding as a result of a natural disaster, such as flood or bushfire.

junk yard means land used for the collection, storage, abandonment or sale of scrap metals, waste paper, rags, bottles or other scrap materials or goods used for the collecting, dismantling, storage, salvaging or abandonment of automobiles or other vehicles or machinery or for the sale of their parts.

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

liquid fuel depot means a depot or place used for the bulk storage for wholesale distribution of petrol, oil, petroleum or other inflammable liquid.

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

(a)  that comprises one or more major sections that are each constructed and assembled away from any manufactured home estate on which it is situated, and

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

(c)  that, if it is to be installed on a manufactured home estate, must be transported to the estate for installation,

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

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

medical centre means a building or place other than a dwelling house used for the purpose of providing professional health services (such as preventative care, diagnosis, medical or surgical treatment or counselling) to out patients only.

mine means any place, open cut, shaft, tunnel, pit, drive, level or other excavation, drift, gutter, lead, vein, lode or reef on, in or by which any operation is carried on for or in connection with obtaining any metal or mineral by any mode or method and any place on which any product of the mine is stacked, stored, crushed or otherwise treated, but does not include a quarry.

mineral sand mine means a mine used for or in connection with obtaining ilmenite, monazite, rutile, zircon or similar material.

motel means a building or buildings (other than a hotel, boarding-house or residential flat building) substantially used for the overnight accommodation of travellers and the vehicles used by them, whether or not the building or buildings are also used in the provision of meals to those travellers or the general public.

motor showroom means a building or place used for the display or sale of motor vehicles, caravans or boats, whether or not motor vehicle accessories, caravan accessories or boat accessories are sold or displayed there.

obstacle limitation surface plan means the map entitled “Obstacle Limitation Surface Plan”, a copy of which is available at the office of the Council for inspection by the public during office hours.

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

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

parking space includes any garage or court available for use by vehicles.

place of assembly means a public hall, theatre, cinema, music hall, concert hall, dance hall, open air theatre, drive-in theatre, music bowl or any other building of a like character used as such, whether used for the purpose of gain or not, but does not include a place of public worship, an institution or an educational establishment.

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

potential archaeological site means a site identified in Part 3 of Schedule 1 and includes a site known to the Council to have archaeological potential even if it is not so identified.

prime agricultural land means land within an area identified, on a map prepared by or on behalf of the Director-General of the Department of Agriculture, copies of which are deposited at the Council office, as Class 1, Class 2 or Class 3 land or as land of merit for special agricultural uses, but does not include land which the Director-General of the Department of Agriculture has notified the Council in writing is not prime crop and pasture land for the purposes of this plan.

probable maximum flood (PMF) means the largest flood that could conceivably occur at a particular location.

professional consulting rooms means a room or a number of rooms forming either the whole or part of, attached to or within the curtilage of, a dwelling house (whether or not the building is used for residential purposes) and used by not more than three professionally qualified consultants, and their support staff.

professionally qualified consultant means a person who holds appropriate tertiary educational qualifications and who provides services within the professions of law, medicine, dentistry, health care, accountancy, engineering, architecture, science, town planning, surveying, sociology, agriculture or agricultural economics or another discipline recognised within the community as a profession.

public building means a building used as offices or for administrative or other like purposes by the Crown, a statutory body, a council or an organisation established for public purposes.

public utility undertaking means any of the following undertakings carried on or permitted or suffered to be carried on by or by an authority of any Government Department or under the authority of or in pursuance of any Commonwealth or State Act:

(a)  railway, road transport, water transport, air transport, wharf or river undertakings,

(b)  undertakings for the supply of water, hydraulic power, electricity or gas or the provision of sewerage or drainage services,

and a reference to a person carrying on a public utility undertaking includes a reference to a council, county council, government department, corporation, firm or authority carrying on the undertaking.

recreation area means:

(a)  a children’s playground, or

(b)  an area used to provide facilities for recreational activities which promote the physical, cultural or intellectual welfare of persons within the community, being facilities provided by:

(i)  a public authority, or

(ii)  a body of persons associated for the purposes of the physical, cultural or intellectual welfare of persons within the community,

but does not include a racecourse or a showground.

recreation establishment means health farms, religious retreat houses, rest homes, youth camps and the like, but (in Part 2) does not include a building or place elsewhere specifically defined in this clause or a building or place used or intended for use for a land use elsewhere specifically defined in this clause.

recreation facility means a building or place used for indoor recreation, a billiard saloon, table tennis centre, squash court, swimming pool, gymnasium, health studio, bowling alley, fun parlour or any other building of a like character used for recreation, whether used for the purpose of gain or not, but does not include a place of assembly.

refreshment room means a restaurant, cafe, tea room, eating house or the like.

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

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

(b)  Aboriginal habitation of the Gunnedah local government area whether before or after its occupation by persons of European extraction.

renovation of a building or work means:

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

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

residential flat building means a building containing more than two dwellings in a group or cluster and includes group homes, villa homes, town houses, terrace buildings and the like.

retail plant nursery means a building or place used for both the growing and retail selling of plants, whether or not ancillary products are sold there.

road transport depot means a building or place used for the servicing, repair or parking of vehicles used for the purpose of a road transport undertaking, but does not include a road transport terminal.

road transport terminal means a building or place used for the principal purpose of the bulk handling of goods for transport by road, including facilities for the loading and unloading of vehicles used to transport those goods and for the parking, servicing and repair of those vehicles.

roadside stall means a building or place not exceeding 20 square metres in floor space or area respectively where only primary products produced on the property on which the building or place is situated are exposed or offered for sale or sold by retail.

rural entertainment facility means a building or place used for the purpose of sport and entertainment, such as paint ball, go-carts, golf driving practice, bicycle motor cross, horse trail rides, polo or polo cross and the like.

rural industry means handling, treating, processing or packing of primary products and includes the servicing in a workshop of plant or equipment used for rural purposes in the locality and also includes the processing, manufacture and distribution of products directly related to rural activities in the locality.

rural workers’ dwelling means a dwelling which is on land on which there is already erected a dwelling and which is occupied by persons engaged in a rural occupation on that land.

sawmill means a mill handling, cutting and processing timber from logs or baulks.

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

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

(b)  washing and greasing of motor vehicles,

(c)  installation of accessories for motor vehicles,

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

shop means a building or place used for selling, exposing or offering for sale by retail, goods, merchandise or materials, but (in Part 2) does not include a building or place elsewhere specifically defined in this clause, or a building or place used for a land use elsewhere specifically defined in this clause.

site area means the area of land to which an application for consent under the Act relates, but does not include any land on which the development to which the application relates is not allowed by this plan or such a consent.

stock and sale yard means a building or place used for the purpose of offering animals for sale and includes a public cattle market.

take-away food shop means a shop selling food for immediate consumption but operated in such a way that a proportion of the food sold is to be consumed elsewhere.

telecommunications undertaking means any undertaking carried on by or by authority of any government department, or in pursuance of any Commonwealth or State Act, for the purposes of telecommunications facilities. A reference to a person carrying on a telecommunications undertaking includes a reference to a council, county council, government department, corporation, firm or authority carrying on the undertaking.

the Act means the Environmental Planning and Assessment Act 1979.

the map means the set of maps marked “Gunnedah Local Environmental Plan 1998” as amended by the maps (or the specified sheets of maps) marked as follows:

Editorial note—

The amending maps are not necessarily listed in the order of gazettal. Information about the order of gazettal can be determined by referring to the Historical notes at the end of the plan.

Gunnedah Local Environmental Plan 1998 (Amendment No 5)

Gunnedah Local Environmental Plan 1998 (Amendment No 7)

Gunnedah Local Environmental Plan 1998 (Amendment No 10)

Gunnedah Local Environmental Plan 1998 (Amendment No 16)

Gunnedah Local Environmental Plan 1998 (Amendment No 17)

Gunnedah Local Environmental Plan 1998 (Amendment No 18)

tree means any tree with a height exceeding 3 metres, with a trunk girth exceeding 0.5 metres at a height of 1 metre above the ground or with a branch spread exceeding 3 metres in diameter, but does not include Cypress Pine regrowth.

tourist facilities means an establishment providing for holiday accommodation or recreation and may include a boat shed, boat landing facilities, camping ground, caravan park, holiday cabins, hotel, house boat, marina, motel, playground, refreshment room, water sport facilities, farm-stay accommodation or a club used in conjunction with any such facilities.

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

(a)  showgrounds, racecourses and the like, and

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

and may include an educational function.

utility installation means a building or work used by a public utility undertaking, but does not include a building designed wholly or principally as administrative or business premises or as a showroom.

veterinary clinic means a building or place used by a veterinary practitioner for the purpose of dealing with the prevention, cure, treatment or alleviation of disease or injury in animals.

warehouse means a building or place used for the storage of goods, merchandise or materials pending their sale and distribution to persons engaged in the retail trade.

(2)  In this plan:

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

(b)  a reference to a map is a reference to a map deposited in the office of the Council, and

(c)  a reference to land within a zone specified in clause 9 is a reference to land shown on the map in the manner indicated in clause 9 as the means of identifying land of the zone so specified.

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

(3A)  Notes in this plan are explanatory notes and do not form part of this plan.

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

cl 6: Am 2.7.1999; 15.10.1999; 7.4.2000; 25.1.2001; 31.10.2003; 2.7.2004; 2006 No 120, Sch 2.36; 2007 No 82, Sch 3.13 [1]; 2007 (641), Sch 5.16; 2008 (306), cl 4.

7 Have model provisions been adopted for this plan?

The Environmental Planning and Assessment Model Provisions 1980 (apart from Part 2 (Definitions) and clauses 8, 15, 18, 29, 30, 33 and 34) have been adopted for the purposes of this plan.

8 Who is the consent authority for this plan?

The Council is the consent authority for the purposes of this plan.

8A What is exempt development?

(1)  Development listed in Schedule 5 is exempt development, except as provided by subclauses (2) and (3).

(2)  Development is exempt development only if it satisfies all of the following requirements:

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

(b)  it does not obstruct drainage of the site on which it is carried out,

(c)  it does not restrict any vehicular or pedestrian access to or from the site,

(d)  it is carried out at least one metre from any easement or public sewer main,

(e)  it does not require a tree to be removed where the removal of the tree would otherwise require development consent,

(f)  it will not result in the total hard surface area on the site exceeding any limit provided in this or any other environmental planning instrument, or any development control plan, applying to the land,

(g)  it does not adversely affect the safety or efficiency of any classified road,

(h)  it is carried out at least one metre from the boundary of the site on which it is carried out,

(i)  it does not cause interference with the amenity of the neighbourhood because of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil or otherwise.

(3)  Development is not exempt development if it is carried out on land:

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

(b)  that is within a wilderness area under the Wilderness Act 1987, or

(c)  that is the site of a heritage item, or

(d)  that is an Aboriginal place under the National Parks and Wildlife Act 1974, or

(e)  that is within Zone No 7 (d), or

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

cl 8A: Ins 7.4.2000.

8B What is complying development?

(1)  Development listed in Part 1 Schedule 6 is complying development, but only if it satisfies all of the following requirements:

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

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

except as provided by subclauses (2) and (3).

(2)  Development is complying development only if:

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

(b)  it will achieve the outcomes listed in Part 1 of Schedule 6 for the development, and

(c)  it will be carried out behind the rear alignment of any building on the site on which it is proposed to be carried out, if that site is located in a heritage conservation area identified in this or an other environmental planning instrument, and

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

(e)  it is consistent with any plan of management prepared under State Environmental Planning Policy No 44—Koala Habitat Protection, and

(f)  it is not integrated development.

(3)  Development is not complying development if it is carried out on land that:

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

(b)  is within a wilderness area under the Wilderness Act 1987, or

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

(d)  is an area identified in this or any other environmental planning instrument applying to the land as land that is bushfire prone, flood prone, contaminated, subject to subsidence, slip or erosion, or

(e)  is on a site that has previously been used as a service station, for intensive agriculture, mining or extractive industries or sheep or cattle dip, or for the manufacture of chemicals, or

(f)  is an Aboriginal place under the National Parks and Wildlife Act 1974, or

(g)  is within Zone No 5 (a), 5 (b), 7 (d), 9 (a) or 9 (c), or

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

(4)  A complying development certificate issued for any such development is to be subject to the conditions specified in Part 2 of Schedule 6 for that development.

(5)  A complying development certificate is taken to satisfy any requirements in this or any other environmental planning instrument or any tree preservation order for a consent, permit or approval to remove an exotic tree under 4 metres high if the carrying out of the complying development necessitates the removal of the tree.

cl 8B: Ins 7.4.2000. Am 2004 No 91, Sch 2.35 [1].

Part 2 General provisions relating to development of land

9 What zones apply in this plan?

For the purposes of this plan, land to which this plan applies is within a zone specified below if the land is shown on the map as specified below for that zone.

Zone No 1 (a)	Rural (Agricultural Protection)—lettered “1 (a)”,
Zone No 1 (b)	Rural (General)—lettered “1 (b)”,
Zone No 1 (c)	Rural Residential—lettered “1 (c)”,
Zone No 1 (d)	Future Urban—lettered “1 (d)”,
Zone No 1 (f)	Forests—lettered “1 (f)”,
Zone No 2 (a)	Residential—lettered “2 (a)”,
Zone No 2 (b)	Residential (Higher Density)—lettered “2 (b)”,
Zone No 2 (v)	Village—lettered “2 (v)”,
Zone No 3 (a)	Central Business—lettered “3 (a)”,
Zone No 3 (b)	General Business—lettered “3 (b)”,
Zone No 4 (a)	General Industry—lettered “4 (a)”,
Zone No 4 (b)	Offensive Industry—lettered “4 (b)”,
Zone No 5 (a)	Special Uses—marked with the land use and lettered “5 (a)”,
Zone No 5 (b)	Special Uses (Railway)—lettered “5 (b)”,
Zone No 6 (a)	Recreation—lettered “6 (a)”,
Zone No 7 (d)	Environment Protection—Scenic—lettered “7 (d)”,
Zone No 8 (a)	National Parks and Nature Reserves—lettered “8 (a)”,
Zone No 9 (a)	Proposed Road—lettered “9 (a)”,
Zone No 9 (c)	Proposed Open Space—lettered “9 (c)”.

10 Zone objectives and Development Control Table

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

(2)  Except as otherwise provided by this plan, in relation to land within a zone specified in that Table, the development:

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

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

(c)  that is prohibited,

is specified under the headings “Development allowed without consent”, “Development allowed only with consent” and “Development that is prohibited”, respectively, appearing in the matter relating to the zone.

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

Development Control Table

Zone No 1 (a)—Rural (Agricultural Protection) Zone

1 Objectives of the zone

The objectives are as follows:

(a)  to protect the use and efficiency of prime agricultural land while permitting appropriate development subject to suitable subdivision controls,

(b)  to permit other forms of development which are ancillary to rural land uses or that, as a result of their nature, require siting outside the urban area,

(c)  to avoid further fragmentation and alienation of useable rural land,

(d)  to retain the low density nature of settlement within the rural areas and ensure that any future development does not create unreasonable demands on the existing infrastructure or available services,

(e)  to provide for the requirements of the rural community,

(f)  to maintain safety and convenience along main roads by discouraging uses that are likely to generate traffic volumes which disrupt traffic flow,

(g)  to ensure that the existing level of scenic amenity is maintained by requiring development to have regard for significant ridgelines and hilltops.

2 Development allowed without development consent

Development for the purpose of:

agriculture (other than a form of agriculture, or use of any building or place, specifically defined in clause 6),

bushfire hazard reduction,

forestry,

home occupations,

public utility undertakings,

utility installations.

Exempt development.

3 Development allowed only with development consent

Any development not included in item 2 or 4.

4 Development that is prohibited

Development for the purpose of:

automotive businesses,

bulk stores,

bus stations,

car repair stations,

clubs,

commercial premises,

drive-in take-away food shops,

exhibition homes,

hotels,

housing for aged or disabled persons,

industries (other than rural, home, offensive or hazardous industries),

junk yards,

light industries,

liquid fuel depots,

manufactured home estates,

medical centres,

motels,

motor showrooms,

places of public worship,

professional consulting rooms,

recreation facilities,

refreshment rooms,

residential flat buildings (other than those used in conjunction with a coal mine or public utility undertaking),

road transport terminals,

service stations,

shops,

take-away food shops,

urban entertainment facilities,

warehouses.

Zone No 1 (b)—Rural (General) Zone

1 Objectives of the zone

The objectives are as follows:

(a)  to protect, enhance, conserve and maintain existing agricultural and pasture land in a manner which allows general agricultural production on secondary land that is compatible with alternative land use,

(b)  to permit other forms of development which are ancillary to rural land use or that, as a result of their nature, require siting outside the urban area,

(c)  to retain the low density nature of settlement within the rural areas and ensure that any future development does not create unreasonable demands on the existing infrastructure or available services,

(d)  to ensure that the existing level of scenic amenity is maintained by requiring development to have regard for significant ridgelines and hilltops.

2 Development allowed without development consent

Development for the purpose of:

agriculture (other than a form of agriculture, or use of any building or place, specifically defined in clause 6),

bushfire hazard reduction,

home occupations,

public utility undertakings,

utility installations.

Exempt development.

3 Development allowed only with development consent

Any development not included in item 2 or 4.

4 Development that is prohibited

Development for the purpose of:

automotive businesses,

bulk stores,

bus stations,

car repair stations,

clubs,

commercial premises,

drive-in take-away food shops,

exhibition homes,

hotels,

housing for aged or disabled persons,

industries (other than rural, home, offensive or hazardous industries),

junk yards,

light industries,

liquid fuel depots,

manufactured home estates,

medical centres,

motels,

motor showrooms,

places of public worship,

professional consulting rooms,

recreation facilities,

refreshment rooms,

residential flat buildings (other than those used in conjunction with a coal mine or public utility undertaking),

road transport terminals,

service stations,

shops,

take-away food shops,

urban entertainment facilities,

warehouses.

Zone No 1 (c)—Rural Residential Zone

1 Objectives of the zone

The objectives are as follows:

(a)  to make provision for small holdings in appropriate locations and in response to genuine demand, having regard to accessibility, proximity to the existing settlement of Gunnedah, availability of services, future expansion of the town and impact on agricultural activities,

(b)  to minimise the cost of development to the general community by requiring persons benefiting from rural-residential development to provide, at their own cost, their own on-site utility services, where appropriate,

(c)  to preserve and enhance the amenity of rural-residential land within the area in order that it remains compatible with existing land use and reflects the capability of the land,

(d)  to provide for the creation of a variety of small allotment sizes to allow an attractive rural lifestyle on land that lacks commercial agricultural potential,

(e)  to enable other types of development to be carried out on land within the zone if it is in keeping with the rural character of the locality.

2 Development allowed without development consent

Development for the purpose of:

agriculture (other than a form of agriculture, or use of any building or place, specifically defined in clause 6),

bushfire hazard reduction,

home occupations,

public utility undertakings,

utility installations.

Exempt development.

3 Development allowed only with development consent

Any development not included in item 2 or 4.

4 Development that is prohibited

Development for the purpose of:

abattoirs,

airline terminals,

animal boarding, breeding or training establishments,

automotive businesses,

aquaculture,

boarding houses,

bulk stores,

bus depots,

bus stations,

car repair stations,

clubs,

commercial premises,

community facilities,

drive-in, take-away food shops,

educational establishments,

extractive industries,

forestry,

generating works,

hazardous storage establishments,

helipads,

heliports,

hotels,

housing for aged or disabled persons,

industries (other than rural or home industries),

institutions,

intensive livestock keeping establishments,

junk yards,

light industries,

liquid fuel depots,

manufactured home estates,

medical centres,

mines,

mineral sand mines,

motels,

motor showrooms,

offensive or hazardous industries,

offensive storage establishments,

places of assembly,

places of public worship,

professional consulting rooms,

refreshment rooms,

residential flat buildings,

road transport depots,

road transport terminals,

rural entertainment facilities,

rural industries,

rural workers’ dwellings,

sawmills,

service stations,

shops,

stock and sale yards,

take-away food shops,

urban entertainment facilities,

warehouses.

Zone No 1 (d)—Future Urban Zone

1 Objectives of the zone

The objectives are as follows:

(a)  to identify land for future urban development,

(b)  to allow a range of residential types subject to appropriate levels of servicing,

(c)  to encourage a range of urban land uses that are compatible and site-responsive to land within this zone,

(d)  to ensure that land within this zone is not used so as to sterilise it for future urban use.

2 Development allowed without development consent

Development for the purpose of:

agriculture (other than a form of agriculture, or use of any building or place, specifically defined in clause 6),

bushfire hazard reduction,

home occupations,

public utility undertakings,

utility installations.

Exempt development.

3 Development allowed only with development consent

Development for the purpose of:

advertising structures,

child care centres,

commercial signs,

dual occupancies,

dwelling houses,

general stores,

home industries,

housing for aged or disabled persons,

recreation areas,

roadside stalls,

rural workers’ dwellings,

telecommunications undertakings,

veterinary clinics.

4 Development that is prohibited

Any development not included in item 2 or 3.

Zone No 1 (f)—Forests Zone

1 Objectives of the zone

The objectives are as follows:

(a)  to identify land suitable for development for forestry purposes, and

(b)  to permit forestry activities carried out by or on behalf of the Forestry Commission.

2 Development allowed without development consent

Development for the purpose of:

agriculture (other than a form of agriculture, or use of any building or place, specifically defined in this plan),

bushfire hazard reduction,

forestry,

public utility undertakings,

uses permitted by or under the Forestry Act 1916,

utility installations.

3 Development allowed only with development consent

Development for the purpose of:

extractive industry,

sand mining,

telecommunications undertakings.

4 Development that is prohibited

Any development not included in item 2 or 3.

Zone No 2 (a)—Residential Zone

1 Objectives of the zone

The objectives are as follows:

(a)  to identify land suitable for existing and for future residential development,

(b)  to encourage a range of housing types and densities compatible with the predominantly low density nature of existing residential development,

(c)  to improve the level of existing residential amenity within the local government area in order to achieve a high quality of residential lifestyle,

(d)  to encourage innovation and flexibility of housing design so that all development is site-responsive and allows for a variety of differing community preferences,

(e)  to improve the level of residential amenity in all new development by ensuring adequate levels of solar access, privacy, open space, access to services and facilities and flexibility in design and materials,

(f)  to permit non-residential development in appropriate locations compatible with the character and amenity of existing residential development.

2 Development allowed without development consent

Development for the purpose of:

bushfire hazard reduction,

home occupations,

public utility undertakings,

utility installations.

Exempt development.

3 Development allowed only with development consent

Any development not included in item 2 or 4.

4 Development that is prohibited

Development for the purpose of:

abattoirs,

advertising structures,

agriculture,

airline terminals,

animal boarding, breeding or training establishments,

automotive businesses,

aquaculture,

bulk stores,

bus depots,

bus stations,

car repair stations,

clubs,

commercial premises,

drive-in take-away food shops,

extractive industries,

forestry,

generating works,

hazardous storage establishments,

helipads,

heliports,

hotels,

industries (other than home industries),

institutions,

intensive livestock keeping establishments,

junk yards,

light industries,

liquid fuel depots,

mines,

mineral sand mines,

motels,

motor showrooms,

offensive or hazardous industries,

offensive storage establishments,

recreation establishments,

recreation facilities,

refreshment rooms,

residential flat buildings,

retail plant nurseries,

roadside stalls,

road transport depots,

road transport terminals,

rural entertainment facilities,

rural industries,

rural workers’ dwellings,

sawmills,

service stations,

shops,

stock and sale yards,

take-away food shops,

tourist facilities,

veterinary clinics,

warehouses.

Zone No 2 (b)—Residential (Higher Density) Zone

1 Objectives of the zone

The objectives are as follows:

(a)  to encourage a variety of housing types, such as group houses, villa homes, town houses, terrace buildings and the like, which are compatible with the existing residential environment of the Gunnedah local government area,

(b)  to encourage a range of high quality residential development in proximity to the central business area of Gunnedah that is of a higher density than existing residential development,

(c)  to improve the level of residential amenity in all new development by ensuring adequate levels of solar access, privacy, open space, access to services and facilities and flexibility in design and materials.

2 Development allowed without development consent

Development for the purpose of:

bushfire hazard reduction,

home occupations,

public utility undertakings,

utility installations.

Exempt development.

3 Development allowed only with development consent

Any development not included in item 2 or 4.

4 Development that is prohibited

Development for the purpose of:

abattoirs,

advertising structures,

agriculture,

airline terminals,

animal boarding, breeding or training establishments,

automotive businesses,

aquaculture,

bulk stores,

bus depots,

bus stations,

car repair stations,

clubs,

commercial premises,

drive-in take-away food shops,

extractive industries,

forestry,

generating works,

hazardous storage establishments,

helipads,

heliports,

hotels,

industries (other than home industries),

institutions,

intensive livestock keeping establishments,

junk yards,

light industries,

liquid fuel depots,

mines,

mineral sand mines,

motor showrooms,

offensive or hazardous industries,

offensive storage establishments,

public buildings,

recreation establishments,

recreation facilities,

refreshment rooms,

retail plant nurseries,

roadside stalls,

road transport depots,

road transport terminals,

rural entertainment facilities,

rural industries,

rural workers’ dwellings,

sawmills,

service stations,

shops,

stock and sale yards,

take-away food shops,

tourist facilities,

veterinary clinics,

warehouses.

Zone No 2 (v)—Village Zone

1 Objectives of the zone

The objectives are as follows:

(a)  to identify land for a variety of urban uses within a small urban community,

(b)  to encourage a range of housing types that are site responsive,

(c)  to encourage development that is ancillary to village life, the nature and scale of which is complementary to existing and future residential areas,

(d)  to recognise existing villages and to enable future development appropriate to their continued existence.

2 Development allowed without development consent

Development for the purpose of:

agriculture (other than a form of agriculture, or use of any building or place, specifically defined in clause 6),

bushfire hazard reduction,

home occupations,

public utility undertakings,

utility installations.

Exempt development.

3 Development allowed only with development consent

Any development not included in item 2 or 4.

4 Development that is prohibited

Development for the purpose of:

abattoirs,

airline terminals,

animal boarding, breeding or training establishments,

extractive industries,

forestry,

generating works,

hazardous storage establishments,

institutions,

intensive livestock keeping establishments,

mines,

mineral sand mines,

offensive or hazardous industries,

offensive storage establishments,

rural workers’ dwellings.

Zone No 3 (a)—Central Business Zone

1 Objectives of the zone

The objectives are as follows:

(a)  to encourage the development and expansion of business activities which will contribute to economic growth and employment opportunities within the area,

(b)  to encourage a variety of business types which are not only compatible with existing development but which are aimed at satisfying the needs of the community,

(c)  to maintain and enhance the role of the Gunnedah town centre as the major centre for retail, commercial and professional services for the area,

(d)  to encourage development occurring within the core business area of Gunnedah to have regard to the Council’s Main Street Study in relation to heritage.

2 Development allowed without development consent

Development for the purpose of:

home occupations,

public utility undertakings,

utility installations.

Exempt development.

3 Development allowed only with development consent

Any development not included in item 2 or 4.

4 Development that is prohibited

Development for the purpose of:

abattoirs,

agriculture,

airline terminals,

animal boarding, breeding or training establishments,

aquaculture,

boarding houses,

bulk stores,

bus depots,

dual occupancies,

dwelling houses (unless ancillary to other development allowed in the zone),

exhibition homes,

extractive industries,

forestry,

generating works,

hazardous storage establishments,

helipads,

heliports,

hospitals,

housing for aged or disabled persons,

industries,

institutions,

intensive livestock keeping establishments,

junkyards,

light industries,

liquid fuel depots,

manufactured home estates,

mines,

mineral sand mines,

offensive or hazardous industries,

offensive storage establishments,

places of public worship,

recreation areas,

recreation establishments,

retail plant nurseries,

roadside stalls,

road transport depots,

road transport terminals,

rural entertainment facilities,

rural industries,

rural workers’ dwellings,

sawmills,

service stations,

stock and sale yards,

tourist facilities,

warehouses.

Zone No 3 (b)—General Business Zone

1 Objectives of the zone

The objectives are as follows:

(a)  to encourage the development and expansion of business activities which will contribute to economic growth and employment opportunities within the area,

(b)  to provide for low intensity retail, commercial, professional, service and tourist development surrounding the core business area,

(c)  to provide for non-commercial development where such development is compatible with the character of the locality,

(d)  to provide for development which maintains the town character of Gunnedah and is in sympathy with existing development in regard to visual amenity, heritage significance, existing service infrastructure, building bulk and scale and townscape and streetscape character.

2 Development allowed without development consent

Development for the purpose of:

home occupation,

public utility undertakings,

utility installations.

Exempt development.

3 Development allowed only with consent development

Any development not included in item 2 or 4.

4 Development that is prohibited

Development for the purpose of:

abattoirs,

agriculture,

airline terminals,

animal boarding, breeding or training establishments,

aquaculture,

boarding houses,

dual occupancies,

dwellings (unless ancillary to other development allowed in the zone),

exhibition homes,

extractive industries,

forestry,

generating works,

hazardous storage establishments,

helipads,

heliports,

hospitals,

housing for aged or disabled persons,

industries,

institutions,

intensive livestock keeping establishments,

junkyards,

liquid fuel depots,

mines,

mineral sand mines,

offensive or hazardous industries,

offensive storage establishments,

recreation establishments,

residential flat buildings,

roadside stalls,

road transport depots,

road transport terminals,

rural entertainment facilities,

rural industries,

rural workers’ dwellings,

sawmills,

stock and sale yards,

tourist facilities.

Zone No 4 (a)—General Industry Zone

1 Objectives of the zone

The objectives are as follows:

(a)  to provide suitable land for the accommodation and development of general industry and ancillary land uses,

(b)  to encourage industrial development which will contribute to the local economy,

(c)  to encourage development which will not have an adverse impact on the surrounding environment or on local amenity,

(d)  to preserve local amenity where residential development adjoins or is adjacent to industrial land,

(e)  to recognise and provide for a range of industrial development and to ensure adequate infrastructure for the long term viability of such development,

(f)  to encourage industrial development to be located on land within this zone only so that it may be concentrated and co-ordinated.

2 Development allowed without development consent

Development for the purpose of:

utility installations.

Exempt development.

3 Development allowed only with development consent

Any development not included in item 2 or 4.

4 Development that is prohibited

Development for the purpose of:

abattoirs,

agriculture,

animal boarding, breeding and training establishments,

boarding houses,

caravan parks,

commercial premises (other than agricultural showrooms),

dual occupancies,

dwellings (other than those ancillary to other development allowed in the zone),

educational establishments,

extractive industries,

forestry,

institutions,

mines,

motels,

offensive or hazardous industries,

offensive storage establishments,

places of assembly,

places of public worship,

public buildings,

professional consulting rooms,

residential flat buildings,

roadside stalls,

shops (other than fruit and vegetable markets and smallgoods and sandwich shops which have a customer service area of less than 20 square metres),

stock and sale yards.

Zone No 4 (b)—Offensive industry

1 Objectives of the zone

The objectives are as follows:

(a)  to provide adequate and appropriate land for the accommodation and development of industrial land uses which are offensive,

(b)  to encourage industrial development which will contribute to the local economy,

(c)  to locate offensive industries in areas that will minimise conflict in regard to potential impact on the surrounding environment or on local amenity,

(d)  to recognise and provide for a range of industrial development and to ensure adequate infrastructure for the long term viability of such development,

(e)  to encourage offensive development to be located on land within this zone only so that it may be concentrated and co-ordinated.

2 Development allowed without development consent

Development for the purpose of:

utility installations.

Exempt development.

3 Development allowed only with development consent

Any development not included in item 2 or 4.

4 Development that is prohibited

Development for the purpose of:

agriculture,

animal boarding, breeding and training establishments,

boarding houses,

caravan parks,

commercial premises,

dual occupancies,

dwellings (other than those ancillary to other development allowed in the zone),

educational establishments,

forestry,

hotels,

institutions,

mines (other than any place on or in which any product of a mine is stacked, stored, crushed or otherwise treated),

motels,

places of assembly,

places of public worship,

professional consulting rooms,

public buildings,

residential flat buildings,

refreshment rooms,

roadside stalls,

shops (other than smallgoods and sandwich shops which have a customer service area of less than 20 square metres).

Zone No 5 (a)—Special Uses Zone

1 Objectives of the zone

The objectives are as follows:

(a)  to make provision for particular specialised uses, such as sewerage works, sanitary depots, regional or local waste recycling centres, depots or stations, cemeteries, schools and hospitals,

(b)  to identify land intended to be used for the provision of such facilities,

(c)  to encourage development of parcels of land within this zone for the purposes of land uses noted on the map.

2 Development allowed without development consent

Development for the purpose of:

bushfire hazard reduction,

public utility undertakings,

utility installations.

3 Development allowed only with development consent

The particular use indicated by red lettering on the map.

4 Development that is prohibited

Any development not included in item 2 or 3.

Zone No 5 (b)—Special Uses (Railway) Zone

1 Objectives of the zone

The objectives are as follows:

(a)  to identify land owned by the State Rail Authority or any other railway authority and to provide for development within this zone for the purpose of railways,

(b)  to provide for the future development of land within this zone, not necessarily for the purpose of railways but for uses compatible with those on adjoining land,

(c)  to encourage development within this zone which will not have an adverse impact on surrounding land uses.

2 Development allowed without development consent

Development for the purpose of:

bushfire hazard reduction,

public utility undertakings,

utility installations.

3 Development allowed only with development consent

Development for the purpose of:

railways,

land uses associated and compatible with railways,

telecommunications undertakings.

4 Development that is prohibited

Any development not included in item 2 or 3.

Zone No 6 (a)—Recreation Zone

1 Objectives of the zone

The objectives are as follows:

(a)  to identify land used or intended to be used for the purpose of recreation, open space and associated land uses,

(b)  to encourage development of parcels of land within this zone for the purpose of land uses noted on the map,

(c)  to encourage a range of development within this zone which will satisfy both public and private recreational needs,

(d)  to ensure that development within this zone is complimentary to surrounding land use and adds to the amenity of the area.

2 Development allowed without development consent

Any development specified in a plan of management adopted under the Local Government Act 1993.

Development for the purpose of:

public utility undertakings,

utility installations, (other than buildings) used for landscaping, gardening and bushfire hazard reduction.

Exempt development.

3 Development allowed only with development consent

Development for the purpose of:

agriculture (other than a form of agriculture, or use of any building or place, specifically defined in clause 6),

boat clubs,

bowling greens,

clubs,

commercial premises and industries (required in connection with any purpose included in this item),

forestry,

golf courses,

racecourses,

recreation areas,

recreation facilities,

refreshment rooms,

residential flat buildings and dwellings (required for use or occupation by persons employed in connection with any other purpose included in this item),

showgrounds,

sportsgrounds,

telecommunications undertakings,

training tracks.

4 Development that is prohibited

Any development not included in item 2 or 3.

Zone No 7 (d)—Environment Protection—Scenic Zone

1 Objectives of the zone

The objectives are as follows:

(a)  to protect hill lands, escarpments and river valleys of scenic significance,

(b)  to ensure the character of these areas by restricting the uses which are allowed and enforcing greater control in regard to building materials, site positioning, height, scale and the provision of access roads and services, and

(c)  to allow only development which maintains the rural-scenic setting of the area.

2 Development allowed without development consent

Development for the purpose of:

agriculture (other than a form of agriculture, or use of any building or place, specifically defined in clause 6).

3 Development allowed only with development consent

Development for the purpose of:

animal boarding, breeding or training establishments,

bushfire hazard reduction,

dual occupancies,

dwelling houses,

forestry,

home industries,

home occupations,

public utility undertakings,

recreation areas,

recreation establishments,

retail plant nurseries,

roadside stalls,

telecommunications undertakings,

tourist facilities,

utility undertakings.

4 Development that is prohibited

Any development not included in item 2 or 3.

Zone No 8 (a)—National Parks and Nature Reserves Zone

1 Objectives of the zone

The objectives are as follows:

(a)  to identify land which is reserved or dedicated under the National Parks and Wildlife Act 1974 as national parks, nature reserves, historic sites, Aboriginal places and state game reserves,

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

2 Development allowed without development consent

Any development authorised by or under the National Parks and Wildlife Act 1974.

3 Development allowed only with development consent

Nil.

4 Development that is prohibited

Any development not included in item 2.

Zone No 9 (a)—Proposed Road Zone

1 Objectives of the zone

The objective is to identify land, the public acquisition of which will provide for improved traffic movement along local roads and land within public car parking areas.

2 Development allowed without development consent

Nil.

3 Development allowed only with development consent

Development for the purpose of:

drainage,

local roads,

open space,

public utility undertakings,

telecommunications undertakings.

4 Development that is prohibited

Any development not included in item 3.

Zone No 9 (c)—Proposed Open Space Zone

1 Objectives of the zone

The objective is to allocate suitable land for future public local open space purposes.

2 Development allowed without development consent

Nil.

3 Development allowed only with development consent

Development for the purpose of:

agriculture,

caravan parks,

forestry,

racecourses,

recreation areas,

showgrounds,

telecommunications undertakings,

utility installations (other than gas holders or generating works).

4 Development that is prohibited

Any development not included in item 3.

cl 10, table: Am 7.4.2000.

Part 3 Special provisions relating to development of land

11 Can land within Zone No 1 (a), 1 (b), 1 (d), 1 (f) or 7 (d) be subdivided?

(1)  This clause applies to land within Zone No 1 (a), 1 (b), 1 (d), 1 (f) or 7 (d).

(2)  The Council must not consent to a subdivision of land to which this clause applies unless each allotment created by the subdivision has:

(a)  in the case of land within:

(i)  Zone No 1 (a) or 1 (f)—an area of not less than 200 hectares, or

(ii)  Zone No 1 (b), 1 (d) or 7 (d)—an area of not less than 40 hectares, and

(b)  a ratio of depth to frontage satisfactory to the Council, having regard to the purpose for which the allotment is, or is intended to be, used, and

(c)  where the allotment has a frontage to an arterial road, a frontage to that road of not less than 400 metres,

and the land is free of noxious weeds to the Council’s satisfaction.

12 What are the provisions relating to the subdivision of land within Zone No 1 (c) for residential purposes?

(1)  This clause applies to land within Zone No 1 (c).

(2)  The Council must not consent to a subdivision of land to which this clause applies unless:

(a)  each allotment created by the subdivision has an area of not less than 6000 square metres, and

(b)  the average area of all allotments created by the subdivision, excluding allotments of more than 3 hectares, is not less than 1.2 hectares, and

(c)  all lots created by the subdivision are to have direct access to a road other than an arterial road,

and the land is free of noxious weeds to the Council’s satisfaction.

13 Can land within Zone No 1 (a) or 1 (b) be subdivided for intensive agricultural purposes?

(1)  This clause applies to land within Zone No 1 (a) or 1 (b).

(2)  Despite clause 11, the Council may consent to the subdivision of land within Zone No 1 (a) or 1 (b) so as to create an allotment having a lesser area than is required by that clause, if it is satisfied that:

(a)  the allotment to be created is intended to be used for the purpose of specialised or intensive agriculture, which may consist of intensive horticulture or animal husbandry, and is of a size capable of being used for that purpose, and

(b)  creation of the allotment will not adversely affect the agricultural viability or potential of the residue of the land subdivided and the residue is capable of economically supporting an agricultural use of a type common in the locality, and

(c)  the proposed use to which the allotment will be put is an efficient agricultural use, having regard to the size and layout of the allotment, and

(d)  an adequate water supply is available or can be made available to the proposed allotment and is of a suitable capacity for the proposed use, and

(e)  the soil, topography, drainage and other physical characteristics of the land are suitable for the proposed use, and

(f)  adequate all-weather vehicular access is available or can be made available to the land, and is of a suitable standard and capacity, and

(g)  the proposed use will not adversely affect the amenity of the land surrounding the proposed allotment.

(3)    (Repealed)

(4)  The Council may refuse to grant such a consent unless it has considered supporting evidence to demonstrate the agricultural efficiency of the proposed use, including the advice of an expert agronomist.

cl 13: Am 2008 (571), Sch 3.80 [1].

14 Can land within Zone No 1 (a), 1 (b), 1 (d) or 7 (d) be subdivided for any other purposes?

(1)  This clause applies to land within Zone No 1 (a), 1 (b), 1 (d) or 7 (d).

(2)  Despite clause 11, the Council may consent to the subdivision of land within Zone No 1 (a), 1 (b), 1 (d) or 7 (d) so as to create an allotment having a lesser area than is required by that clause, if it is satisfied that:

(a)  the land is being lawfully used otherwise than for the purpose of agriculture, a dwelling house, home industry, home occupation or forestry, or

(b)  the land may lawfully be used otherwise than for the purpose of agriculture, a dwelling house, home industry, home occupation or forestry by reason of a development consent granted in respect of that land,

and the allotment will continue to be so used.

15 Are dwelling houses permitted within Zone No 1 (a), 1 (b), 1 (d) or 7 (d)?

(1)  This clause applies to land within Zone No 1 (a), 1 (b), 1 (d) or 7 (d).

(2)  A dwelling house may, with the consent of the Council, be erected on land to which this clause applies, but only if the land:

(a)  in the case of land within:

(i)  Zone No 1 (a)—has an area of not less than 200 hectares, or

(ii)  Zone No 1 (b), 1 (d) or 7 (d)—has an area of not less than 40 hectares, or

(b)  comprises the whole of an existing holding (or such an existing holding affected only by a subdivision made on or after the appointed day for which the consent of the Council was not required), or

(c)  is a lot in a subdivision for which consent was granted by the Council, or

(d)  comprises the residue of an existing holding following excision of a lot or lots by a subdivision for which consent was granted by the Council on or before the appointed day, and the Council is satisfied that:

(i)  there will be adequate vehicular access to the dwelling house, and

(ii)  the erection of the dwelling house will not create or increase ribbon development along a classified road, and

(iii)  adequate public utility services are or can be provided to the existing holding, and

(iv)  a water supply satisfactory to the Council is or will be provided and the land is of sufficient size and soils are of appropriate quality for the effective on-site disposal of domestic waste,

and no other dwelling house is erected on the land.

(3)  Dwelling houses, additional to the one allowed by subclause (2) may, with the consent of the Council, be erected on land to which this clause applies if the Council is satisfied that:

(a)  each additional dwelling house will be used or occupied by a person engaged by the owner of that land in the pursuit of agriculture on that land or on adjoining land, and

(b)  the scale of the agricultural enterprise is sufficient to justify, on economic grounds, an additional employee.

(4)  A dwelling house may, with the consent of the Council, be erected on an allotment of land to which this clause applies on which another dwelling house is erected if one dwelling house is intended to wholly replace the other dwelling house.

(5)  The Council must not consent to the erection of a dwelling house on a lot created by a subdivision for which consent has been granted pursuant to clause 13 or 14 unless the Council is satisfied that the land use, for the purpose of which the subdivision was granted consent, has substantially commenced.

16 Are dwelling houses permitted within Zone No 1 (c)?

(1)  This clause applies to land within Zone No 1 (c).

(2)  A dwelling house may, with the consent of the Council, be erected on land to which this clause applies only if the land:

(a)  is an allotment created in accordance with clause 12, or

(b)  is an allotment which was in existence as a separate allotment at the appointed day and has an area of not less than 6000 square metres,

and no other dwelling house is erected on the land.

(3)  Despite subclause (2), the Council must not consent to the erection of a dwelling house on land to which this clause applies unless a water supply satisfactory to the Council is or will be provided and the land is of sufficient size and soils are of appropriate quality for the effective on-site disposal of domestic waste.

17 Is development on significant ridgelines and hilltops permitted on land within Zone No 1 (a) or 1 (b)?

(1)  This clause applies to land within Zone No 1 (a) or 1 (b).

(2)  The Council must not grant consent to the erection of a building or the carrying out of work on significant ridgelines or hilltops unless it is satisfied that:

(a)  the siting of any building or work will not compromise the scenic amenity of the locality, and

(b)  the building or work will not be visible above the ridgeline or hilltop, and

(c)  the building or work has regard for the Council’s tree preservation order and will not significantly disturb vegetation.

18 What are the provisions relating to dual occupancy development within Zone No 1 (a), 1 (b), 1 (c), 1 (d), 2 (a), 2 (b), 2 (v) or 7 (d)?

(1)  This clause applies to land within Zone No 1 (a), 1 (b), 1 (c), 1 (d), 2 (a), 2 (b), 2 (v) or 7 (d) on which a dwelling house may be erected.

(2)  A person may, with the consent of the Council, create 2 dwellings on an allotment by:

(a)  altering or adding to an existing dwelling house, or

(b)  erecting a new building containing 2 dwellings.

(3)  The Council must not grant such a consent unless:

(a)  the area of the allotment on which a new building containing 2 dwellings is proposed to be erected is not less than the minimum area (if any) prescribed by this plan for the allotment if a dwelling house were to be erected on it, and

(b)  the floor space ratio of the existing or proposed dwellings will not be greater than:

(i)  where the floor space ratio of any dwelling house altered or added to exceeds 0.5:1, then the floor space ratio of the dwelling-house before it was altered or added to, or

(ii)  where the floor space ratio of any dwelling house before it was altered or added to does not exceed 0.5:1, then 0.5:1, or

(iii)  where a new building containing 2 dwellings is to be erected, then 0.5:1, and

(c)  the Council is satisfied that satisfactory arrangements have been made for the provision of a water supply to each dwelling and for the disposal of sewage and stormwater from each dwelling.

(4)  Where a dwelling house is altered or added to or proposed to be altered or added to or a building containing 2 dwellings is proposed to be constructed in accordance with this clause on land on which residential flat buildings are prohibited, then the separate occupation of the several lots illustrated by a proposed strata plan relating to that dwelling-house or building is also prohibited.

19 What are the requirements for the development of land for residential flat building purposes?

(1)  The Council must not grant consent for the development of land within Zone No 2 (b), 2 (v), 3 (a) or 3 (b) for the purpose of a residential flat building unless:

(a)  in the case of land within Zone No 2 (b), there will not be more than 7.5 bedrooms per 1000 square metres, and

(b)  in the case of land within Zone No 2 (v), there will not be more than 9 bedrooms per 1000 square metres, and

(c)  in the case of land within Zone No 3 (a) or 3 (b), there will not be more than 12 bedrooms per 1000 square metres of site area.

(2)  Despite subclause (1), the Council must not consent to the development of land within Zone No 2 (b), 2 (v), 3 (a) or 3 (b) for the purpose of a residential flat building unless it is satisfied that:

(a)  the lot to be developed has a minimum area of 1000 square metres, and

(b)  the proposed residential flat building will not unreasonably overshadow or overlook land on which a dwelling house is or is capable of being erected, and

(c)  the proposed building is in reasonable proportion to existing buildings in the immediate vicinity, and

(d)  the development will not detract from the level of residential amenity currently enjoyed in the locality, and

(e)  with regard to building materials, the proposed development will be compatible with surrounding development, and

(f)  the proposed development will be landscaped, in accordance with a landscape plan that is satisfactory to the Council detailing the type and location of trees or shrubs, the proposed method of screening for drying yards and private and common open space, and the location of garbage receptacle enclosures .

20 What are the height restrictions for buildings?

A person must not erect a building containing more than two storeys above ground level without the consent of the Council.

21 Are there any requirements regarding floor space ratios for buildings?

(1)  Except as provided by subclause (2), a person is not to erect any building on land within a zone specified in column 1 of the Table to this subclause, unless the ratio of the gross floor area of the building to the site area of the land on which the building is to be erected does not exceed the ratio shown in column 2 of the Table:

Table

Column 1	Column 2
Zone No 2 (a)	0.5:1
Zone No 3 (a)	1.5:1
Zone No 3 (b)	1.5:1
Zone No 4 (a)	0.6:1

(2)  In the case of land within Zone No 3 (a), the ratio of the gross floor area of so much of a building as is used for residential purposes to the site area of the land on which the building is to be erected is not to exceed 0.75:1.

(3)  For the purposes of subclause (2), gross floor area does not include the area of any unenclosed private balconies at the height of more than 2 metres above the ground level immediately beneath the balcony.

22 What are the provisions for developing land located along arterial road frontages?

(1)  The Council must not consent to development on land which has frontage to an arterial road, unless:

(a)  access to that land is provided by a road other than the arterial road, wherever practicable, and

(b)  in the opinion of the Council, the safety and efficiency of the arterial road will not be adversely affected by:

(i)  the design of the access to the proposed development, or

(ii)  the emission of smoke or dust from the proposed development, or

(iii)  the nature, volume or frequency of vehicles using the arterial road to gain access to the proposed development.

(2)  The Council must not consent to any development of land within Zone No 1 (a), 1 (b) or 1 (c) listed in Schedule 2 if the site of the development will have direct access to:

(a)  an arterial road, or

(b)  a road connecting an arterial road, if the access to the connecting road is within 90 metres (measured along the road alignment of the connecting road) of the alignment of the arterial road.

23 What are the provisions for the acquisition of certain land?

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

(2)  On receipt of notice referred to in subclause (1), the Council must acquire the land.

(3)  Land to which this clause applies may be developed for any purpose with the consent of the Council until that land is acquired by the Council, where the Council is satisfied that the carrying out of that development will not adversely affect the usefulness of the land for the land use for which the land is zoned.

24 What are the provisions relating to the erection of advertising structures and commercial signs?

(1)  A person must not erect a commercial sign on land within Zone No 2 (v), 3 (a), 3 (b), 4 (a) or 4 (b) unless the Council has consented to the erection of the sign.

(2)  The Council may grant consent to the erection of a commercial sign under subclause (1) only if it is satisfied that:

(a)  the sign relates only to the place or premises to which it is to be affixed, and

(b)  the sign will not have an adverse impact on the amenity of the surrounding area, and

(c)  the sign will not have an adverse impact on traffic safety in the locality.

(3)  A person must not erect an advertising structure on land within Zone No 1 (a), 1 (b), 1 (c), 1 (d), 3 (a), 3 (b), 4 (a) or 4 (b) unless the Council has consented to the erection of the advertising structure.

(4)  The Council must not grant consent to the erection of an advertising structure under subclause (3) unless:

(a)  the Council is satisfied:

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

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

(iii)  that the dimensions and overall size of the proposed structure are not larger than would reasonably be required to so direct the travelling public, and

(b)  the Council has made an assessment of the likely impact of the proposed advertising structure on:

(i)  the amenity of the surrounding area, and

(ii)  the historic, scientific, cultural, social, archaeological, architectural, natural or aesthetic significance of any heritage item that will be affected by the proposed development or any setting of any heritage item that will be affected by the proposed development, and

(iii)  traffic safety in the locality.

cl 24: Am 7.4.2000. Subst 6.4.2001.

25 What are the provisions relating to the site coverage of land within Zone No 4 (a)?

(1)  A person must not erect a building for any purpose on land within Zone No 4 (a) if more than 60% of the site area will be occupied by buildings.

(2)  For the purposes of subclause (1), the area of any access corridor is not to be taken into account in calculating the area of a site.

26 Is the development of flood prone land permitted by this plan?

(1)  A person must not erect a building or carry out a work for any purpose on flood prone land without the consent of the Council.

(2)  The Council must not consent to the erection of a building or carrying out of a work for any purpose on land that is flood prone unless it is satisfied that:

(a)  the building or work would not unduly restrict the flow characteristics of flood waters, and

(b)  the building or work would not unduly increase the degree of flooding on land in the vicinity, and

(c)  the structural characteristics of the building or work, the subject of the application, are capable of withstanding flooding, and

(d)  any proposed building is adequately flood proofed.

(3)  The Council must not grant a consent required by this clause unless it has taken into consideration:

(a)  the cumulative effect of the building or work on flood behaviour, and

(b)  the risk of pollution to the waterways caused by the building or work, and

(c)  the availability of access to the building or work to ensure the timely, orderly and safe evacuation of people from the area should a flood occur.

(4)  When granting such a consent, the Council may require each habitable floor of a building to be erected to a height which is sufficient, in its opinion, to obviate the frequent flooding of the building.

27 What are the provisions relating to the development of land near certain zone boundaries?

(1)  This clause applies to land within Zone No 1 (a), 1 (b), 1 (c), 1 (d), 2 (a), 2 (b) 3 (a), 3 (b), 4 (a), 6 (a) or 7 (d).

(2)  A person may, with the consent of the Council, carry out any development on land within a zone referred to in subclause (1), being development that may be carried out in any adjoining zone referred to in subclause (1), within 20 metres of the boundary between the zones.

(3)  The Council must not grant consent as referred to in subclause (2) unless:

(a)  the development is necessary, in the opinion of the Council, due to design requirements relating to the development of land to which this plan applies, and

(b)  an area of land, sufficient and suitable in the opinion of the council, is provided elsewhere in the immediate vicinity of the development for carrying out a land use for which the land on which that development is carried out is zoned.

28 What controls apply to the preservation of trees within the Gunnedah area?

(1) Objectives The objectives of the tree preservation controls set out in this clause are:

(a)  to preserve trees as important elements of streetscapes and landscapes, and

(b)  to protect trees as habitat value for wildlife, and

(c)  to promote replacement tree planting.

(2)  This clause applies to all land within the Gunnedah local government area.

(3)  Except as provided by subclause (4), development consent is required before a person ringbarks, cuts down, tops, lops, removes, injures, poisons or wilfully destroys any tree that:

(a)  has an overall height of 3 metres or more above the ground, or

(b)  has a trunk girth exceeding 0.5 metre at a height of 1 metre above the ground, or

(c)  has a branch spread exceeding 3 metres in diameter, or

(d)  in the case of land in Zone No 1 (d), 2 (a), 2 (b), 3 (a), 3 (b), 4 (a), 4 (b) or 5 (a), is located between the main building allotment and the street alignment or, if there is no such building, between the street alignment and the setback, or

(e)  is in Zone No 7 (d) (the Environmental Protection—Scenic Zone).

(4)  Development consent is not required where:

(a)  the tree is dead, or

(b)  the tree’s condition constitutes an immediate threat to life or property, or

(c)  the work is reasonably necessary to protect human life, buildings or property from imminent danger from a bush fire burning in the vicinity of the land on which the tree is situated, or

(d)  the tree is in an inner protection area within the meaning of the document entitled Planning for Bush Fire Protection, ISBN 0 9751033 2 6, prepared by the NSW Rural Fire Service in co-operation with the Department of Planning, dated December 2006 and, if the Council has classified any species of trees as being likely to present a significant fire hazard, the tree is such a species, but only if written notice about the proposed work is given to the Council, before the work is started, confirming in writing that this paragraph applies to the tree, or

(e)  the tree is included in any current list of noxious weeds applicable to the Gunnedah local government area, or

(f)  the trunk of the tree is located no more than 3 metres from any part of any habitable building or no more than 3 metres from any underground utility service main, or

(g)  the work involves only minor pruning which is necessary to promote growth or fruit production, or to improve the shape of the tree’s canopy, and is not likely to jeopardise the tree’s existence, or

(h)  the tree is part of an agroforestry plantation for commercial purposes which has been registered with the Council and the tree removal is part of the regular harvesting operation within the plantation, or

(i)  the tree is in a State forest within the meaning of the Forestry Act 1916, or is trimmed or otherwise dealt with in accordance with the Electricity Supply (Safety Plans) Regulation 1997 or the Electricity Supply (General) Regulation 1996, or

(j)  the tree is removed or lopped in accordance with the Roads Act 1993, or

(k)  the tree is located on land in Zone No 1 (a) or 1 (b), or

Note—

The clearing of native vegetation on rural land may require development consent under the provisions of the Native Vegetation Conservation Act 1997 and should otherwise be carried out in accordance with that Act and any regional vegetation management plan in force under that Act.

(l)  written notice about the proposed work is given to the Council, not less than 14 days before the work is started, and the Council does not advise the person within 14 days after the notice is given that it opposes the action being taken.

(5)  A written notice referred to in subclause (4) (d) or (l) must include the name and address of the person who gives it, the number and species of trees affected and the location of the tree or trees affected on the land to which the notice applies.

(6)  Consent required by this clause must not be granted unless the consent authority has considered the following matters:

(a)  the reason for the proposed work, and

(b)  the contribution of the tree to the local landscape or streetscape, and

(c)  the type and rarity of the species, and

(d)  the number of trees in the vicinity, and

(e)  whether the tree may become dangerous or damage property or utility services, and

(f)  whether new plantings are proposed or are desirable, and

(g)  the effect of the proposed work on local views, on solar access to properties and on local amenity, and

(h)  any heritage or ecological habitat significance of the tree, and

(i)  the effect of the proposed work on soil conservation and erosion, and

(j)  the effect of the tree on fauna specified in Schedule 1 or 2 of the Threatened Species Conservation Act 1995.

cl 28: Subst 23.3.2001. Am 2007 No 82, Sch 3.13 [2].

29 What are Council’s aims in relation to heritage?

The aims of the Council in relation to heritage are as follows:

(a)  to conserve the environmental heritage of the Gunnedah local government area,

(b)  to integrate heritage conservation into the planning and development control process,

(c)  to provide for public involvement in the conservation of environmental heritage,

(d)  to ensure that any development does not adversely affect the heritage significance of heritage items and heritage conservation areas and their settings.

30 How does Council aim to protect heritage items, conservation areas and relics?

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

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

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

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

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

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

(2)  Development consent is not required by this clause if the Council is of the opinion that the proposed development would not adversely affect the heritage significance of the heritage item or heritage conservation area concerned.

(3)  When determining a development application required by this clause, the Council must take into consideration the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item or heritage conservation area.

Note—

The website of the Heritage Branch of the Department of Planning has publications that provide guidance on assessing the impact of proposed development on the heritage significance of items (for example, Statements of Heritage Impact).

cl 30: Am 2008 (571), Sch 3.80 [2].

31 (Repealed)

cl 31: Rep 2008 (571), Sch 3.80 [3].

32 Are heritage applications required to be advertised?

Sections 84, 85, 86, 87 (1) and 90 of the Act, as in force on 30 June 1998 (which provided for the giving of notice, and for the making and consideration of submissions, about proposed development) apply to the demolishing, defacing or damaging of a heritage item or a building, work, relic, tree or place within a heritage conservation area (and to the use of a building or land referred to in clause 35 for a purpose which, but for that clause, would be prohibited by this plan) in the same way as those provisions applied to designated development.

33 Is the development of known or potential archaeological sites permitted by this plan?

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

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

(b)  except where the proposed development is integrated development, it has notified the local Aboriginal communities (in such a way as it thinks appropriate) of the development application and taken into consideration any comments received in response within 21 days after the notice was sent, and

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

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

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

(b)    (Repealed)

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

cl 33: Am 2008 (571), Sch 3.80 [4] [5].

34 Is development in the vicinity of a heritage item permitted under this plan?

The Council must take into consideration the likely effect of the proposed development on the heritage significance of a heritage item, heritage conservation area, archaeological site or potential archaeological site, and on its setting, when determining an application for consent to carry out development on land in its vicinity.

35 Are there any incentives for the conservation of heritage items?

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

(a)  the proposed use would not adversely affect the heritage significance of the item or heritage conservation area, and

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

(2)  When considering an application for consent to erect a building on land on which a heritage item is located, the Council may, for the purpose of determining:

(a)  the floor space ratio, and

(b)  the number of parking spaces to be provided on the site,

exclude the floor space ratio of the heritage item from its calculation of the floor space of the buildings erected on the land, but only if the Council is satisfied that the conservation of the heritage item depends on it making the exclusion.

36 Is the use of school facilities and sites by the community permitted?

(1)  This clause applies to any land on which development for the purpose of schools, colleges or other educational establishments may be carried out.

(2)  Despite any other provisions in this plan, the Council may consent to:

(a)  the community use of the facilities and sites of schools, colleges or other educational establishments, and

(b)  the commercial operation of those facilities and sites, and

(c)  the carrying out of development for community purposes on land used for the purpose of schools, colleges or other educational establishments, whether or not the development is ancillary to its use for that purpose.

(3)  Nothing in this clause requires development consent to be obtained for the carrying out of development on any land if that development could, but for this clause, be carried out on that land without development consent.

37 Is development for certain additional purposes permitted on specific land?

Despite any other provisions in this plan, development may be carried out on land described in Column 1 of Schedule 3, with the consent of the Council, if the development is specified in Column 2 of that Schedule opposite the description of the land, subject to such conditions, if any, as are specified in Column 2.

38 Has the Council classified or reclassified public land as community or operational land?

Despite any other provisions in this plan, public land specified or described in Column 1 of Schedule 4 is classified or reclassified as community land or operational land as set out in Column 2 of that Schedule opposite the description of the land.

39 Is development permitted on land within the vicinity of the Gunnedah Aerodrome?

(1)  The Council may consent to the erection of a building on land shown as affected on the aerodrome map, only if the height of the building will not exceed the limitation specified for the land in the obstacle limitation surface plan.

(2)  If consent is sought for the erection of a building on land that would exceed the height specified for the land in the obstacle limitation surface plan, the Council must refer the development application to Air Services Australia with a request for that body to send its comments to the Council within 28 days.

(3)  The Council must not grant consent unless it has considered any such comment received from Air Services Australia within the 28 day period.

(4)  In this clause, aerodrome map means the map marked “Gunnedah Airport Obstacle Limitation Surface Plan (August 1995)”.

40 Is development for the purpose of a community title subdivision permitted within the Gunnedah area?

(1)  Despite the requirements of clause 11, the Council may consent to a subdivision under the Community Land Development Act 1989 of land referred to in that clause that creates a neighbourhood scheme if:

(a)  no greater number of neighbourhood lots that will have dwellings on them are created by the subdivision than the maximum number of lots that could have been created for dwellings if all of the land subject to the neighbourhood scheme (including the neighbourhood property) had been subdivided in accordance with clause 11, and

(b)  each lot created that will be used for the erection of a dwelling has an area of not less than 6,000 square metres and not more than 2.4 hectares.

(2)  This clause does not apply to land within Zone No 1 (f).

41 How does this plan affect covenants, agreements and similar instruments?

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

(2)  Pursuant to section 28 of the Act, the Governor approved of subclause (1) before this plan was made.

Schedule 1 Heritage items, archaeological sites and potential archaeological sites

(Clause 6)

Part 1 Heritage items

1  Christ Church Anglican Church, 117 Barber St (cnr Elgin St), Gunnedah. (Lot 6 Section 49 D.P. 758492)

2  House “Carinya”, 113 Barber St, Gunnedah. (Lot 22 D.P. 603996)

3  Courthouse, 322–324 Conadilly St (cnr Abbott St), Gunnedah. (Pt R. 83881 for Public Buildings)

4  Brick building (formerly Cohens warehouse), 82 Maitland St, Gunnedah. (Lots 1 & 2 D.P. 217629)

5  Railway Station, 45–47 Railway Ave, Gunnedah. (Pt. North Western Railway Line Reserve)

6  House, 129 Barber St, Gunnedah. (Pt. Lot 6 Section 51 D.P. 758492)

7  Brick building (formerly original Methodist Church), 44 Abbott St, Gunnedah. (Pt. Lot B Section 30A D.P. 758492)

8  Brick building (formerly original Catholic Church), 356 Conadilly St, Gunnedah. (Pt. Lot 171 D.P. 549257 & Pt. Lot 181 D.P. 549258)

9  Brick house (formerly original convent), 93 Maitland St, Gunnedah. (Pt. Lot 12 Section 20 D.P. 758492)

10  Brick buildings, Convent of Mercy, 151–163 Bloomfield St, Gunnedah (Lots 10–19 Section 32 D.P. 758492)

11  Brick school (formerly primary school), 48 Elgin St, Gunnedah.

12  Two-storey brick dwelling (formerly George Cohen’s residence), 91 Maitland St, Gunnedah. (Lot 1 D.P. 73223)

13  Cemetery (including gates), Hunter St, Gunnedah.

14  Public clock and clock tower, 148 Conadilly St, Gunnedah. (Lot 17 Section 29 D.P. 758492)

15  Meggitt Ltd flour mill (formerly Brunton’s flour mill), New St, Gunnedah (opposite Railway Ave). (Lots 201 & 225 D.P. 75503 and adjoining land)

16  Gunnible Station (stables, barn, woolshed, 2 cottages and bakery), Wean Rd, Gunnedah. (Lot 62 D.P. 508578, Lot 41 D.P. 562982, Lots 5 & 6 D.P. 113076)

17  Frogmore Woolshed, Main Tamworth Rd (Oxley Highway). (Lot 3 D.P. 228675)

18  Pullaming (Lot 1 D.P. 601604)

19  Gates of Bando Homestead, M.R. 55, 17 kilometres south of Mullaley. (Lot 17 D.P. 755473)

20  Cenotaph Monument, Conadilly St, Gunnedah (cnr Elgin St)

21  Namoi Flour Mills, 74 Marquis St, Gunnedah. (Pt Lots 6 & 7 Section 48 D.P. 758492)

22  Ruvigne (Lots 15–18 D.P. 75101)

23  House, 136 Barber St, Gunnedah. (Pt Lot 7 Section 37 D.P. 758492)

24  Trelawney, 329 Wondobah Rd, Gunnedah. (Lot 2 D.P. 613545)

25  House, 18 Henry St (cnr Little Barber St), Gunnedah. (Lot 9 D.P. 655119)

Part 2 Archaeological sites

Any protected archaeological site within the area of Gunnedah declared under the National Parks and Wildlife Act 1974.

Any site within the area of Gunnedah registered as an archaeological site in a Register of Aboriginal Sites kept by the National Parks and Wildlife Service.

Part 3 Potential archaeological sites

Any site within the area of Gunnedah registered as a potential archaeological site in a Register of Aboriginal Sites kept by the National Parks and Wildlife Service.

Schedule 2 Development restricted near arterial roads

(Clause 22)

Development for the purpose of:

bulk stores,

caravan parks,

car repair stations,

clubs,

commercial premises,

educational establishments,

hospitals,

hotels,

industries (other than home or rural industries),

institutions,

junk yards,

liquid fuel depots,

mines,

motels,

places of public assembly,

places of public worship,

recreation establishments,

refreshment rooms,

retail plant nurseries,

roadside stalls,

saw mills,

service stations,

stock and sale yards,

transport terminals,

warehouses.

Schedule 3 Additional uses of land

(Clause 37)

Column 1	Column 2
Property Description	Land use
Lot 214, D.P. 755494, Ph of Doona and Lot 216, D.P. 728360, Ph of Weston.	Development for the purpose of a display of Aboriginal culture and traditional lifestyle.
That part of Lot 7, D.P. 828020, Ph of Gunnedah, Lincoln Street, Gunnedah which is within Zone 7 (d).	Subdivision and the subsequent erection of dwelling houses or dual occupancies (or both) providing not more than 40 dwellings in all.
Lot 1, DP 542293, Memorial Park, Wandobah Road, Gunnedah.	Development for the purpose of a crematorium.
Lot 73, DP 620688, Bowen Avenue, Gunnedah.	Development for the purpose of a residential flat building.
Lot B, DP 372051 & Lot A, DP 360493, Conadilly Street, Gunnedah.	Development for the purpose of a motel.
Lot 1, DP 542293, Memorial Park, Wandobah Road, Gunnedah.	Development for the purpose of monumental works.
Lot 3, DP 203551, 235 Conadilly Street, Gunnedah.	Development for the purpose of a retail plant nursery.
Lot 1, DP 802414, Stock Road, Gunnedah.	Subdivision into 30 lots.
Part of Lots 26 and 40, DP 754929, Parish of Brentry, Gunnedah, as shown on the map marked “Gunnedah Local Environmental Plan 1998 (Amendment No 13)”.	Development for the purpose of a charcoal plant.
That part of Crown Rerserve No TSR1174, Boggabri Road, Gunnedah shown edged heavy black on the map marked “Gunnedah Local Environmental Plan 1998 (Amendment No 12)”.	Development for the purposes of a saleyards facility.

sch 3: Am 30.10.1998; 19.2.1999; 26.2.1999; 30.4.1999; 4.6.1999; 30.6.2000; 1.9.2000; 23.2.2001.

Schedule 4 Classification and reclassification of public land

(Clause 38)

Column 1	Column 2
Property Description	Classification

Schedule 5 Exempt development

(Clause 8A)

1 Aerials/antennae

The erection and use of aerials or antennae where they are for domestic use only and located behind the building line.

2 Agricultural buildings and ancillary rural development

Development such as haysheds, machinery sheds, carports and garages associated with a single dwelling, stockyards, cattle grids, water tanks, windmills and silos that are ordinarily incidental or ancillary to a use allowed by a development consent or to a lawful existing use (as defined by section 106 of the Act), but only if:

(a)  no additional access onto a public road is required, and

(b)  the structure is not located within 50 metres of a ridgeline or on top of a hill.

And in the case of:

Haysheds and machinery sheds

The erection and use of a hayshed or machinery shed, but only if:

(a)  the structure does not exceed 200 square metres in floor area and 6 metres in height at the highest point of the building, and

(b)  the structure is on land within Zone No 1 (a) or 1 (b), and

(c)  the structure is set back at least 20 metres from any public road and set back at least 10 metres from a property boundary.

Stockyards

The erection of stockyards, for use in conjunction with normal agricultural activities on the property, excluding commercial or intensive agricultural uses, on land within Zone No 1 (a) or 1 (b), but only if:

(a)  the total area of the development is not greater than 0.05 hectare, and

(b)  the stockyards are not erected within 20 metres of a public road or within 4 metres of the property boundaries, and

(c)  the stockyards are not within 30 metres of a watercourse or 50 metres of a dwelling not associated with the development.

Windmills

The erection and use of a windmill on land within Zone No 1 (a) or 1 (b) if the windmill is installed in accordance with the manufacturer’s specifications.

Animal Shelters

The erection and use of an animal shelter associated with an existing single residential dwelling on land within Zone No 1 (a) or 1 (b), but only if the total area does not exceed 25 square metres in the case of poultry or 50 square metres in the case of hoofed animals.

Carports, garages and domestic sheds

The erection and use of a carport, garage or shed associated with an existing single residential dwelling on land within Zone No 1 (a) or 1 (b) and:

(a)  in the case of the shed, it does not exceed 36 square metres, or

(b)  in the case of a carport or garage, it does not exceed 24 square metres in area and 2.7 metres in height.

Silos

The erection and use of a silo on land within Zone No 1 (a) or 1 (b), but only if:

(a)  the silo has a maximum capacity of 120 tonnes, and

(b)  the silo is constructed of prefabricated metal components, free-standing and erected in accordance with the manufacturer’s specifications or engineer’s certification, and

(c)  the silo is not erected within 20 metres of a public road or within a distance equivalent to the height of the silo plus 1 metre from another property.

3 Ancillary development

Development not separately listed in this Schedule, such as landscaping, gardening, paving or the erection of minor structures, that are ordinarily incidental or ancillary either to a use allowed by a development consent or to a lawful existing use (as defined by section 106 of the Act), but only if:

(a)  any ancillary structure is erected at least 1 metre from each boundary of the site and extends no more than 3 metres above the natural ground level, and

(b)  any ancillary structure, paving or hard surface area covers not more than 25 square metres, and

(c)  the development does not involve excavation beyond 600 millimetres below natural ground level, and

(d)  it does not involve handling, storing or using hazardous chemicals or materials otherwise than on a domestic scale (except on land within Zone No 1 (a) or 1 (b) and at a distance of more than 25 metres from any habitable building), and

(e)  it does not release any hazardous chemicals or materials or any pollutants into the environment, and

(f)  it does not involve the display of any advertisement unless allowed by some other provision, and

(g)  any ancillary structure identified in a bush fire risk management plan in force under the Rural Fires Act 1997 is made of non-combustible materials.

4 Aviaries

The erection and use of an aviary to house birds with a maximum floor area of 10 square metres and a maximum height of 2.1 metres, constructed of non-reflective materials and located behind the rear building line.

5 Awnings

The erection and use of an awning on a dwelling where the awning has a maximum area of 10 square metres and is located wholly within the property boundaries.

6 Barbecues

The erection and use of a barbecue that:

(a)  has a maximum area of 2 square metres, and

(b)  has a maximum height of 1.8 metres, and

(c)  is located behind the rear building line on land within Zone No 2 (a), 2 (b), 2 (v), 3 (a), 3 (b) or 4 (a).

7 Boundary adjustments

An adjustment to the boundary of an allotment that:

(a)  will not result in any building contravening the deemed-to-satisfy provisions of the Building Code of Australia, and

(b)  will not create any additional allotments, and

(c)  will not result in the creation of a lot with an area less than the minimum area prescribed for the land concerned in this or any other environmental planning instrument.

8 Building alterations

Alterations to a building (other than the making of, or an alteration to the size of, any opening in a wall or roof of a building, such as a doorway, window or skylight):

(a)  that involve non-structural exterior alterations to a building, such as pointing, plastering, cement rendering, cladding, attaching fittings and decorative work, and

(b)  that involve interior alterations to a building that do not affect the load-bearing capacity of any load-bearing component of the building, and

(c)  that do not cause reduced window arrangements for light and ventilation needs, reduced doorways for egress purposes or involves enclosure of open areas, and

(d)  that use materials for external cladding that are non-reflective,

(e)  that do not affect the structural strength and stability of the building or alter the plumbing work.

9 Bus shelters

The erection and use of a bus shelter that:

(a)  is constructed and designed by Council or on behalf of the Council, and

(b)  is located so as not to obstruct the footpath or line of sight of vehicles, and

(c)  is constructed of non-reflective materials.

10 Building site sheds

The erection and use of a building site shed that:

(a)  is associated with development or an activity allowed by a consent or an approval on the same site, and

(b)  is located within the boundaries of the allotment, and

(c)  is removed within 14 days of the completion of construction.

11 Change of use of a building

A new use of an existing lawful building in any of the following cases:

(a)  the new use is consistent with the classification of the building under the Building Code of Australia and replaces a former use being carried out in accordance with a development consent, and:

(i)  it is not actually or potentially a hazardous or offensive industry, and

(ii)  it does not involve the preparation of food for sale or consumption, and

(iii)  it does not involve hairdressing salons, beauty salons or any business where skin penetration is carried out, and

(iv)  it is not prohibited by any other provision of this plan,

(b)  the new use results from a change of building use from a shop to an office or from an office to a shop that is not in the business of preparing food for sale or consumption, where:

(i)  the new use replaces a former use being carried out in accordance with a development consent, and

(ii)  the use of not more than 200 square metres of floor space is changed, and

(iii)  the new use is not prohibited by any other provision of this plan,

(c)  the new use is the temporary use of a building that does not exceed 25 metres in height for public entertainment over a period not exceeding 72 hours.

Note—

A separate approval may be required under the Local Government Act 1993 for a place of public entertainment.

12 Clothes hoists

The erection and use of a clothes hoist that:

(a)  is set back behind the rear building line, or

(b)  where it is proposed to be at the side of the building, is unable to be seen from the street or any public place, and is screened from view from neighbouring land.

13 Cubbyhouses and playground equipment

The erection and use of a cubbyhouse or playground equipment associated with a dwelling or a recreation area where the cubbyhouse or playground equipment:

(a)  covers a maximum area of 10 square metres, and

(b)  has a maximum height of 2.4 metres, and

(c)  is constructed of non-reflective materials, and

(d)  is installed in accordance with the manufacturer’s specifications and complies with any relevant Australian Standard, and

(e)  is set back beyond the building line.

14 Decks

The erection and use of an unroofed deck attached to an existing dwelling where:

(a)  the maximum area of the deck is 24 square metres, and

(b)  the deck is located 1 metre clear of the Council’s sewer main, and

(c)  the finished surface level is not greater than 1 metre above natural ground level, and

(d)  the setback from the side boundary is at least 900 millimetres, and

(e)  no second-hand materials are used in the deck’s

(a)  construction, and

(b)  the deck is sited clear of the overflow gully and does not restrict access to sewer drainage.

15 Fences

(1)  The erection of fences (other than fences covered by the Swimming Pools Act 1992 or fences in rural areas) associated with a dwelling house that comply with any relevant covenant or Council policy where:

(a)  the front and side boundary fences beyond the building line have a maximum height of 1.8 metres and are constructed of all new materials, and

(b)  the front and side boundary fences that are within the building line, have a maximum height of 1 metre and are constructed of all new materials, and

(c)  brick and masonry fences have a maximum height of 600 millimetres.

(2)  Fences in rural areas, other than brick or masonry fences greater than 600 millimetres in height.

16 Flagpoles

The erection and use of a flagpole not more than 6 metres above natural ground level that is structurally adequate, but only one per site.

17 Fowl houses

The erection and use of fowl houses for the keeping of hens, chickens and roosters on land with an area greater than 2002 square metres where the fowl house:

(a)  has a maximum floor area of 10 square metres, and

(b)  has a maximum height of 2.1 metres, and

(c)  is constructed of non-reflective materials, and

(d)  is located beyond the rear building line and a minimum of 3 metres from rear and side boundaries, and

(e)  is located a minimum of 12 metres from any dwelling.

18 Garden sheds, gazebos and greenhouses

The erection and use of a garden shed, gazebo or greenhouse, associated with a dwelling house where:

(a)  there is only one such structure per allotment, and

(b)  the structure has a maximum area of 10 square metres, and

(c)  the structure has a maximum height of 2.4 metres.

19 Letterbox

The erection and use of a letterbox constructed in accordance with the requirements of Australia Post.

20 Lighting

The erection and use of external lighting other than for the purposes of tennis courts or sporting fields and external lighting more than 4 metres above ground level.

21 Pergolas or carports

The erection and use of an open pergola, or carport (not being a carport referred to in item 2 of this Schedule) either attached to a building or free-standing, where:

(a)  the structure is located behind a building and not visible from the street, and

(b)  the maximum area of the structure is 24 square metres, and

(c)  the maximum height of the structure is 2.4 metres, and

(d)  the existing side boundary setback is maintained, and

(e)  the structure is not enclosed, and

(f)  no second-hand materials are used in the structure’s construction, and

(g)  the next door property’s main area of private open space and any habitable rooms are not in shadow between 10am and 3pm on 21 June as a result of the development, and

(h)  stormwater and roof water are taken to the street gutter, and

(i)  the overflow gully is clear of the roof and access is maintained to drainage, and

(j)  the structure is 900 millimetres clear of boundaries and 1 metre clear of sewer mains and any easements, and

(k)  the construction complies with the following requirements:

•  The structure may be timber or metal construction. If timber it must be as identified as durability Class 1 or Class 2 as described below:

Class 1	Class 2
Cypress (white)	New England Blackbutt
Ironbark	Blackbutt
Tallowood	Kwila (Merbau)
Turpentine	Spotted Gum
Grey Gum	Western Red Cedar
	River Red Gum
	Stringybark (yellow or white)

Durability Class 3 or 4 such as oregon or radiata pine may be used if treated with paint, stain or oil prior to fabrication.

•  Minimum sizes for timber construction are:

Posts	75 × 75 mm (timber or steel)
Rafters	100 × 50 mm maximum span 2.3 metres 125 × 50 mm maximum span 3 metres 150 × 50 mm maximum span 3.6 metres
Beams	100 × 50 mm maximum span 1.6 metres 150 × 50 mm maximum span 2.1 metres 200 × 50 mm maximum span 2.7 metres 200 × 75 mm maximum span 3.0 metres

•  If steel construction, it may be prefabricated design or constructed of component sizes as specified below:

Posts	75 × 75 mm RHS or 75 mm diameter pipe
Beams	C10015 maximum span 3.0 metres C15015 maximum span 6.0 metres
Purlins	61 mm Top Hat purlin maximum span 3.0 metres

All components are to be welded or bolted together using mild steel brackets having a minimum thickness of 3 mm. Tek screws are NOT to be used for that purpose except for fixing Top Hat type purlins.

Footings

100 mm reinforced concrete slab thickened to 150 mm at external perimeter, or

300 mm diameter × 450 mm deep pad footing unroofed or, if roofed, 450 mm diameter × 600 mm deep.

The floor or footings must not cover or adversely affect the existing sub-floor ventilation to associated buildings.

Connections

Posts to be fixed to footings by a minimum two 10 mm bolts. Timber posts are to be connected by metal brackets so that the bottom of the post is a minimum 75 mm above the finished ground and/or pavement level.

Timber rafters attached to a building are to be fixed to a plate of minimum size 100 mm × 50 mm bolted or coach screwed to the fascia or external cladding.

Bracing is to be installed as required to provide lateral support.

22 Recladding of roof

Recladding of a roof, but only if:

(a)  it does not involve structural alterations to the building, and

(b)  where the work involves asbestos cement, it must comply with the WorkCover Authority’s Short Guide to Working with Asbestos, and

(c)  the work does not involve lead contamination of the air or ground.

23 Retaining walls

(1)  The erection of retaining walls where:

(a)  the maximum height is 600 millimetres above natural ground level, and

(b)  the retaining wall is constructed so that it does not prevent the natural flow of stormwater drainage run-off, and

(c)  masonry walls comply with AS 3700-1998—Masonry structures, AS 3600-1994Concrete structures and AS 1170.1-1989, AS 1170.2-1989, AS 1170.3 and AS 1170.4-1993—SAA Loading Code, and

(d)  timber walls comply with AS 1170.1-1989, AS 1170.2-1989, AS 1170.3 and AS 1170.4-1993—SAA Loading Code and AS 1720.1-1997—Timber Structures—Design methods.

(2)  A retaining wall should be designed and constructed with an effective drainage system to prevent backfill becoming saturated causing a build up of water pressure behind the wall. Effective drainage can be ensured by providing weepholes and continuous drainage within the backfill.

24 Satellite dishes

The erection and use of a satellite dish for domestic use only where the maximum diameter is 1 metre and the maximum height is 2.4 metres above natural ground level.

25 Signs

The erection of an advertising structure or commercial sign in any of the following cases:

(a)  the commercial sign is suspended under an awning in a business zone, and:

(i)  there are no other such signs on the premises, and

(ii)  it is securely fixed by metal supports, and

(iii)  it has an area not exceeding 1.4 square metres, and

(iv)  if over a public road, it is suspended at a height of not less than 2.6 metres above ground/pavement level,

(b)  the commercial sign is not visible from outside the premises on which it is located,

(c)  the commercial sign is behind the glass line of a shop window,

(d)  the advertising structure displays a temporary advertisement for a social, cultural or recreational event that is displayed for no more than 28 days before the event and is removed within 14 days after the event,

(e)  the advertising structure displays a public notice in a public reserve either by or on behalf of the Council or another public authority,

(f)  the advertising structure displays an advertisement that replaces one lawfully displayed at the same location or on the same structure,

(g)  the commercial sign or advertising structure displays a message relating to the premises on which it is situated, and will:

(i)  have a length not greater than 2.4 metres and a depth not greater than 0.6 metre, if in a business zone, and

(ii)  not project vertically or horizontally from a wall or above a roofline of a building, and

(iii)  have a maximum area of 0.72 square metres, if in a residential or rural zone, and

(iv)  have a maximum area of 10 square metres, if in an industrial zone, and

(v)  have a maximum height of either 4.6 metres above ground level or the height of a first floor window sill.

sch 5: Ins 7.4.2000. Am 2004 No 91, Sch 2.35 [2] [3].

Schedule 6 Complying development

(Clause 8B)

Part 1 Complying development

Complying Development	Outcomes
1 Bed & breakfast accommodation
The use of an existing lawful dwelling by its permanent residents for the temporary accommodation of visitors for commercial purposes.	General (1)  A maximum of 3 guest bedrooms. (2)  A minimum of 2 bathrooms. (3)  A smoke detection system that complies with AS 3786-1993—Smoke alarms and AS/NZS 3000: 2000—Electrical Installations (the Australian/New Zealand Wiring Rules) is in the dwelling. (4)  A fire extinguisher and fire blanket are located in the kitchen. (5)  Approval has been obtained from the owners corporation, or the community, precinct or neighbourhood association, where a dwelling is subject to the Strata Schemes Management Act 1996 or the Community Land Management Act 1989.
2 Commercial building alterations
The making of internal alterations to a shop, office or commercial premises that alter the load-bearing capacity of load-bearing components.	General (1)  No increase in the total floor area of the building. (2)  No more than 2,000 square metres of floor area is changed from an office to a shop. (3)  Provides disabled access in accordance with AS 1428.1-1998—Design for access and mobility—General requirements for access—new building work.
3 Demolition
Demolition of a building or structure.	General (1)  Complies with the requirements of AS 2601-1991—The demolition of structures. (2)  Is not done using the implosion method of demolition. (3)  Water meter is removed by the Council and the line capped off and sewer services sealed at the service main. (4)  Sewer drainage is capped off at the junction with the Council’s sewer and the work is carried out by a licensed plumber or the Council. (5)  Any asbestos material is removed in accordance with WorkCover Authority’s Short Guide to Working with Asbestos by a person licensed to carry out such work.
4 Dwelling house (single storey)
The erection and use of a single storey dwelling house and construction of ancillary driveway on land within Zone No 2 (a), 2 (b) or 2 (v).	Streetscape (1)  Complies with a building line of 7.5 metres from the front boundary and 7.5 metres from a side boundary where the lot is a corner lot. Bulk and scale (1)  The ground floor level of the structure is located at least 150 millimetres but not more than 500 millimetres above the natural ground level. (2)  The distance between the floor level and the underside of the eaves is not more than 2.7 metres. (3)  The roof pitch is not more than 24 degrees and any openings are to be flush with the roof pitch. (4)  The external wall of any structure affected by the proposed development is at least 900 millimetres from the nearest side and rear boundaries. Privacy and security Windows in a habitable room that are within 9 metres of, and allow an outlook to, a window of a habitable room in the neighbour’s house: (a)  are offset from the edge of one window to the nearest edge of the other by a distance of at least 0.5 metre, or (b)  have sill heights of at least 1.7 metres above floor level, or (c)  have fixed obscure glazing in any part of the window below 1.7 metres above floor level. Site access and circulation (1)  Where kerb and gutter is provided, driveways are a minimum of 500 millimetres clear of all drainage structures on the kerb and gutter and do not interfere with the existing public utility infrastructure, including the Council’s drainage structures, unless prior approval is obtained from the relevant authority. (2)  Driveways are a minimum of 6 metres from a road intersection. (3)  Driveways within the road reserve are to be constructed to the Council’s specifications. (4)  A minimum of one parking space is provided (either an open space or a covered space) and each is located behind the building line. Such a space is to measure a minimum of 5.5 metres in length and have a minimum width of 2.5 metres. Open space parking spaces, accessways and driveways are to be surfaced with material of a permeable nature or are to be graded to provide for on-site stormwater infiltration.
5 Extensions
Development associated with single detached dwellings consisting of development ordinarily ancillary or incidental to detached single storey dwellings (for example, erection of carports and garages).	Streetscape (1)  Each part of the structure: (a)  complies with any relevant building line fixed by or under an environmental planning instrument or development control plan applying to the land, or (b)  is set back at least 7.5 metres from the front boundary. (2)  Carports and garages facing a public street or accessway are not more than 6 metres or 50% of the frontage wide, whichever is the lesser. Bulk and scale (1)  The ground floor level of the structure at any point is not more than 500 millimetres above natural ground level. (2)  The distance between the floor level and the underside of the eaves is not more than 2.7 metres. (3)  The roof openings are flush with the pitch of the roof. (4)  The next door property’s main area of private open space, and any habitable rooms in that property, are not in shadow between 10 am and 3 pm on 21 June, as a result of the development. (5)  The external wall of each structure affected by the proposed development is at least 900 millimetres from the nearest side and rear boundaries. Privacy and security Windows in a habitable room that are within 9 metres of, and allow an outlook to, a window of a habitable room in the neighbour’s house: (a)  are offset from the edge of one window to the nearest edge of the other by a distance of at least 0.5 metre, or (b)  have sill heights of at least 1.7 metres above floor level, or (c)  have fixed obscure glazing in any part of the window below 1.7 metres above floor level. Open space and landscaping (1)  A minimum of 20% of the site must be soft landscaped, that is, not a hard surface. (2)  Not more than one-third of the front setback area is to be paved or sealed.
6 Swimming pools
Development for the purpose of swimming pools on lots over 650 square metres in area if the pool is of a size that makes it ordinarily ancillary to a dwelling occupied for private use only.	Streetscape The pool will not be between the dwelling and front boundary. Bulk and scale (1)  All coping or decking around the pool is not more than 500 millimetres above the natural ground level. (2)  The pool is at least 1.5 metres from the nearest side and rear boundaries. (3)  The pool is located at least 2 metres from the Council’s sewer main. Privacy and security The noise level of any filtration equipment or pumps does not exceed 5 dBA above the ambient background level measured at the property boundary. Open space and landscaping A minimum of 20% of the site must be soft landscaped, that is, not a hard surface. Installation and construction The installation and construction of the pool complies, where relevant, with: (a)  AS/NZS 1838:1994—Swimming pools—Premoulded fibre reinforced plastics—Design and fabrication and AS/NZS 1839:1994—Swimming pools—Premoulded fibre-reinforced plastics—Installation, or (b)  AS 2783-1992—Use of reinforced concrete for small swimming pools. The Pool and surrounding structures The pool and surrounding structures are to comply with AS 1926.2-1995—Swimming pool safety—Location of fencing for private swimming pools. Note— The Swimming Pools Act 1992 and the Swimming Pools Regulation 1998 must also be complied with.
7 Telecommunications undertakings
Development for the purpose of telecommunications undertakings such as radio antenna and dishes, panel antenna, directional antennae, microcells and underground cabling, on land within Zone No 1 (a), 1 (b), 1 (c), 3 (a), 3 (b), 4 (a) or 4 (b).	General Complies with any relevant Australian Standard. Antenna or dish The antenna, dish or facility is not more than 1.8 metres in diameter or 1 cubic metre in volume. The highest point of the antenna or dish is 4 metres above the roof of the building on which it is attached. Where the antenna or dish is more than 3 metres above the roof, it is set back a minimum of 2 metres from the outermost wall of the building and does not protrude from the front facade of the building. The colour of the antenna is matched to the background in keeping with the surrounding area. Tower, mast or pole Only on land within Zone No 1 (a) or 1 (b) with a height not more than 12 metres and does not protrude from the property boundary. Underground conduit or cable Where the trench is not more than 450 millimetres wide and the land in which the cable or duct is laid is reinstated in accordance with a reinstatement plan agreed to, prior to construction, with the owner of the land. The reinstatement plan must include the following: •  management and protection measures •  relaying of road or pavement •  replanting of grass, trees or foliage •  replacement or removal of material excavated •  reinstatement of contours.
8 Temporary buildings
The erection of a building and its use for a period not exceeding 5 years specified in the application for a complying development certificate, being a building that is not used for residential purposes, or for the storage or handling of inflammable materials. Note— The building must be demolished or removed no later than 60 days after the specified period expires (see condition 14 in Part 2 of this Schedule)	General Maximum height of the building is 1 storey. Building is set back from every boundary of the lot by a minimum of 3 metres.

Part 2 Conditions for complying development certificates

Compliance with the Building Code of Australia

1

All building work must be carried out in accordance with the deemed-to-satisfy provisions of the Building Code of Australia.

Before you begin work

2

Two days before any site works, building or demolition begins, the applicant must:

•  forward Notice of Commencement of Work and Appointment of Principal Certifying Authority (Form 7 of the Regulation) to the Council, and

•  notify the adjoining owners that work will commence.

Note—

The principle certifying authority may be either an accredited certifier or the Council.

3

Before any site works, building or demolition begins, the applicant must:

•  notify the Council of the name, address, phone number and licence number of the builder, and

•  erect a sign with a minimum area of 600mm × 450mm at the front of the property (before work commences) with the builder’s name, licence number, site address and consent number, and

•  provide a temporary on-site toilet, and

•  protect and support any neighbouring buildings, and protect any public place from obstruction or inconvenience due to the carrying out of the development, and

•  prevent any substance from falling onto a public place, and

•  follow any other conditions prescribed by the Regulation.

This item does not impose a requirement on an applicant if it is complied with by the builder.

Site management

4

Run-off and erosion controls must be implemented to prevent soil erosion, water pollution or the discharge of loose sediment on surrounding land, as follows:

•  divert uncontaminated run-off around cleared or disturbed areas,

•  erect a silt fence to prevent debris escaping into drainage systems or waterways,

•  prevent tracking of sediment by vehicles onto roads,

•  stockpile top soil, excavated material, construction and landscaping supplies and debris within the site.

5

Removal or disturbance of vegetation and top soil must be confined to within 3 metres of the proposed building.

Drainage and water supply

6

The land surrounding any structure must be graded to divert surface water to the street, and must be clear of existing and proposed structures and adjoining premises.

7

Where the water falls to the rear of the property, it must be collected and drained via a gravity system to a Council stormwater line.

8

(1)

Prior to the commencement of work on water supply and/or plumbing and drainage the licensed plumber and/or drainer must obtain a permit from Council.

(2)

Prior to the commencement of work the owner of the premises must apply to the Council for an approval to carry out any water supply work, sewer work, stormwater work and connect such work to the Council’s services.

(3)

Prior to the commencement of work the owner of the premises must apply to Council to install a human waste treatment device and carry out the associated sewerage work.

(4)

A minimum of 45,000 litres of stored rainwater is required to be provided for use in connection with development for domestic purposes in areas without reticulated water supply.

Inspections during construction

9

(1)

The following inspections are required to be carried out by a person authorised as the principal certifying authority. Where the Council is the principal certifying authority the applicant must notify Council in advance (at least 48 hours in writing or 24 hours by telephone) of inspections. All compliance certificates and the occupation certificate, if required, are to be submitted to the Council prior to occupation:

(a)  pier holes or bulk piers before concrete is poured,

(b)  trenches with reinforcement steel in position,

(c)  concrete slabs with reinforcement steel in position,

(d)  termite barrier—the type of barrier used is to be specified on the compliance certificate,

(e)  framework before fixing of internal linings,

(f)  wet area flashing before covering,

(g)  pool fencing before filling the pool with water, and

(h)  final inspection before the structure is occupied or used.

Note—

If an occupation certificate is issued then a compliance certificate is not required.

(2)

The following inspections are required to be carried out by the Council. Inspections may be arranged by contacting the Council’s Environment and Development Services Department. Where the Council is not the principal certifying authority, an additional fee for each inspection will apply:

(a)  sanitary drainage under hydrostatic test prior to backfilling trenches or covering,

(b)  hot and cold water plumbing under pressure test prior to covering,

(c)  internal stackwork under hydrostatic test prior to covering, and

(d)  the installation of the septic tank and any sullage trenches prior to backfilling or covering.

Driveways and roadworks

10

(1)

Any damage caused to kerb and guttering and/or footpath as a consequence of building operations shall be rectified by the owner to the satisfaction of the Council.

(2)

The footpath and/or road reserve are not to be used for construction purposes or placing of building materials without the prior agreement of the Council. Where necessary, arrangements may be made by contacting the Council’s Engineering Services Department.

(3)

Before the erection of any permanent structures, such as fences, concrete driveways, garages or the like, adjacent to street boundaries, correct street levels must be ascertained from the Council’s Engineering Services Department.

(4)

Driveways are to be constructed in accordance with any relevant requirements of AS 2890.1-1993—Parking facilities—Off-street car parking, with appropriate transition zones.

Hours of work

11

Any building work must be carried out between 7.00 am and 6.00 pm Monday to Friday and 8.00 am to 5.00 pm Saturdays, but not on Sundays or public holidays, if audible on residential premises.

Safety

12

Fire safety measures must be included.

Swimming pools

13

(1)

The following inspections are to be carried out by a person authorised as the principal certifying authority and compliance certificates are to be submitted to the Council:

(a)  steel reinforcing before pouring of concrete,

(b)  drains before backfilling,

(c)  pool fencing prior to filling of pool.

(2)

The pool fencing is to be erected prior to the pool being filled with water.

(3)

An approved resuscitation sign in accordance with the Swimming Pools Regulation 1998 is to be provided in a prominent position within close proximity of the pool.

(4)

The pool fence is to be located so as to isolate the pool from any dwellings and structures not directly associated with the pool.

(5)

Backwash water must be directed to the Council’s sewer via a yard sink approved by the Council.

(6)

Temporary safety fencing is to be erected during the installation of the pool and prior to filling the pool with water.

Removal of temporary building

14

Any building erected for use for a specified period of not more than 5 years pursuant to Part 1 of this Schedule must be completely demolished or removed from the site no later than 60 days after the specified period ends.

sch 6: Ins 7.4.2000.