Orange Local Environmental Plan 2000

Part 1 Preliminary

1 Name of plan

This plan is Orange Local Environmental Plan 2000.

2 Aims of plan

The aims of this plan are to:

(a)  encourage development which complements and enhances the character of the City,

(b)  provide for a range of development opportunities which contribute to the social, economic and environmental resources of the City in a manner that allows present and future generations to meet their needs by implementing the principles for ecologically sustainable development,

(c)  conserve and enhance the water resources on which the City depends, particularly water supply catchments,

(d)  manage rural land as an environmental resource that provides economic and social benefits for the City,

(e)  provide a range of housing choices in planned urban and rural locations to meet population demands,

(f)  recognise and manage valued environmental heritage, landscape and scenic features of the City,

(g)  manage development in the vicinity of major industry and utilities for the benefit of the community,

(h)  improve accessibility within and around the urban area of Orange by providing for traffic relief routes.

3 Area where this plan applies

This plan applies to all land within the City of Orange.

4 Effect of this plan on other plans

(1)  This plan repeals all local environmental plans which applied to land within the City of Orange immediately before the day this plan takes effect.

(2)  This plan amends State Environmental Planning Policy No 4—Development Without Consent by inserting the following words in alphabetical order in Schedule 2 (Land excepted from clauses 6–10):

  

City of Orange

(3)  Environmental planning instruments as in force immediately before the appointed day continue to apply to a development application if:

(a)  the application was made but had not been finally determined before the appointed day, and

(b)  the proposed development is prohibited by provisions of this plan but could, with consent, have been carried out in accordance with those instruments in force at that time.

(4)  This clause does not operate so as to reclassify, or to alter, repeal or revoke the classification of any land classified as operational land prior to the appointed day under the Local Government Act 1993.

5 Consent authority

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

6 Relationship of this plan with covenants and other instruments

(1)  Any agreement, covenant or similar instrument which controls development that is otherwise permitted to be carried out either with or without consent under this plan does not apply to the extent necessary to allow that development.

(2)  Subclause (1) does not affect that part, if any, of any agreement, covenant or similar instrument that controls development according to density, floor space, site coverage, setbacks, external materials, fencing, building height, building location, car parking requirements, solar access, or the like.

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

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

7 Use of terms in this plan

(1)  In this plan:

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

(b)  terms used in this plan which are defined in Part 14 have the meanings given in that Part, and

(c)  a reference to a map is a reference to a map kept in the office of the Council.

(2)  The list of contents of this plan and any notes in this plan do not form part of this plan.

Part 2 General provisions

8 General considerations for development

Before determining an application for consent to development, where relevant, consideration shall be given by the consent authority to:

(a)  the potential of that development to impact on:

(i)  water quality of waterbodies, and

(ii)  groundwater resources, and

(iii)  the ability of rural land to be used for primary production, and

(iv)  soil resources, and

(v)  mineral resources, mines and extractive industries, and

(vi)  existing vegetation, native flora and fauna, and

(b)  the cumulative impact on the environment of:

(i)  the development, and

(ii)  other development in the vicinity of the proposed development, and

(c)  the impact on the scenic, landscape or urban character of the area, and

(d)  the impact of development on energy conservation, and

(e)  the impact of the development on waste generation, and

(f)  any measures necessary to mitigate any of these impacts.

9 Temporary use of land

(1)  Consent may be granted to the temporary use of land, not being designated development, subject to subclause (2) and despite any other provision of this plan, for a maximum period of 52 days, whether consecutive or not, in any one year.

(2)  Development to which this clause applies may be granted consent only if, in the opinion of the consent authority:

(a)  appropriate arrangements will be made for the provision of utility services, vehicular and pedestrian access, parking and restoration of the site to the condition prevailing immediately before the carrying out of the proposed use, and

(b)  it would be compatible with the character and amenity of the locality during and immediately after the carrying out of the proposed use, and

(c)  the environment will be protected from any potential adverse impacts resulting from the development, and

(d)  the development would not adversely affect the viability of land uses in business zones, and

(e)  the development is appropriate as temporary development, and

(f)  the period for carrying out the development is reasonable.

10 Additional uses

Despite any other provision of this plan, development may be carried out, with the consent of the Council, on land identified in Schedule 1 if it is specified for that land in that Schedule, subject to any conditions that may be specified for the development in that Schedule.

11 Land classified or reclassified as operational land

(1)  Public land is classified or reclassified as operational land under this plan pursuant to Chapter 6 of the Local Government Act 1993, if it is specified in Schedule 2.

(2)  On the commencement of this plan the land described in Part 1 of Schedule 2, if it is a public reserve ceases to be a public reserve, and is discharged from any trusts, estates, interests, dedications, conditions, restrictions and covenants affecting the land except for:

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

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

(c)  any conditions of a development consent relating to the land, and

(d)  any easements or rights of way affecting the land.

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

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

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

(c)  any conditions of a development consent relating to the land, and

(d)  any easements or rights of way affecting the land.

(4)  Before the relevant amending plan that inserted the description of a parcel of land into Part 2 of Schedule 2 was made, the Governor approved of subclauses (3) and (5) applying to the land.

(5)  In this clause, the relevant amending plan, in relation to a parcel of land described in Part 2 of Schedule 2, is the local environmental plan that inserted the description of the land in that Part.

(6)  Land described in Part 1 of Schedule 2 is not affected by the amendments made by the Local Government Amendment (Community Land Management) Act 1998 to section 30 of the Local Government Act 1993.

(7)  Matter under the Column headed “Use when reclassified” is merely indicative of how the land was intended to be used following its reclassification.

cl 11: Am 2006 (69), Sch 1 [1] [2].

Part 3 Special environmental considerations

12 Objectives of the special environmental considerations

The objectives of this Part are:

(a)  to protect the City’s water resources, and

(b)  to minimise the impact of development on the continued operation of existing major industry, utilities and infrastructure on which the City depends, and

(c)  to ensure that land is adequately serviced prior to use, and

(d)  to minimise the impact of development on the environment, and

(e)  to minimise the impact of development on the operation of existing and proposed major roads.

13 Sewage disposal

Before determining an application for consent to development that will result in the generation of sewage or other effluent, consideration shall be given by the consent authority to:

(a)  whether the site of the proposed development should be connected to public sewerage facilities and, if so, whether the land is capable of being connected to public sewerage facilities either now or in the future, and

(b)  the suitability of the site for on-site disposal of effluent and the ability of the effluent disposal system to function effectively over the long term without causing adverse effects on adjoining land, where public sewerage facilities are not to be provided to the land, and

(c)  the likely effect of any on-site effluent disposal area on:

(i)  any waterbodies in the vicinity, or water supply catchments, and

(ii)  groundwater resources, and

(iii)  seasonally waterlogged soils, and

(d)  the cumulative environmental impacts of all on-site systems or works in the area with respect to water quality, soil degradation or odour, and

(e)  the potential for recycling and beneficial reuse of effluent on the land or land in the vicinity, and

(f)  the adequacy of the wet weather storage capacity of the proposed effluent systems or works, and

(g)  the proposed means of monitoring and reporting on the performance of the effluent systems or works.

14 Development in the vicinity of major industry and utility installations

Before determining an application for consent to development in or within the area shown on the map by red hatching, the consent authority must consider the suitability of the development in relation to:

(a)  the prospective effects of odour, noise, dust, fumes and visibility from any offensive industries, utility installations, waste disposal areas or extractive industries in the vicinity, and

(b)  the effectiveness of all measures employed and proposed to be employed according to the best available technology (not entailing excessive cost) to reduce or minimise the impact of offensive industries, utility installations, waste disposal areas or extractive industries in the vicinity.

15 Land shaping

(1)  Development consent is required for land shaping unless:

(a)  it is carried out as exempt development, or

(b)  it comprises soil conservation works undertaken for, or authorised by, the Department of Land and Water Conservation, or

(c)  the consent authority is satisfied that the proposed development is of a minor nature.

(2)  Prior to determining an application for consent to development for the purposes of land shaping, consideration must be given by the consent authority to:

(a)  the potential for the development to impact on:

(i)  a water body, or

(ii)  ground water quality and resources, or

(iii)  stormwater drainage, or

(iv)  flooding, or

(v)  private property or public land, and

(b)  measures required to mitigate possible impacts.

16 Contaminated land

(1)  Before the consent authority determines an application for consent to development on land which has been identified to the satisfaction of the consent authority as being contaminated land or in the consent authority’s opinion is likely to be contaminated land:

(a)  the type and extent of the land contamination must be identified to the satisfaction of the consent authority, and

(b)  a plan for remediation must be prepared according to the contamination identified on the land to the satisfaction of the consent authority.

(2)  When consent is granted to development on land subject to this plan, conditions may be imposed which:

(a)  require further investigation, sampling and testing of the site area, and

(b)  require remediation to be carried out to an appropriate standard, and

(c)  require evidence that remediation has been carried out in accordance with the plan of remediation and to the appropriate standard.

(3)  Nothing in this clause affects the application of State Environmental Planning Policy No 55—Remediation of Land.

17 Scenic areas

(1)  The objective of this clause is to ensure development of scenic areas complements the natural and modified landscape character of areas recognised as contributing to highly valued scenic and landscape qualities of the City.

(2)  This clause applies to a scenic area which is identified by green hatching on the map.

(3)  Before granting consent for development of land within a scenic area, the consent authority must be satisfied that the proposed development will blend into the landscape through the use of appropriate siting and design, external materials and colours, and by retaining existing trees, including remnant vegetation, and enhancing the skyline when viewed either from the urban area of Orange or from public places in the vicinity of the land.

Part 4 Zones and development

18 Zones which apply

A description of how each zone is depicted on the map is listed below:

Column 1	Column 2
Zones	Map colour
Rural:
Zone 1 (a)—General Farming	light brown
Zone 1 (c)—Rural Residential	khaki
Residential:
Zone 2 (a)—Urban Residential	pink
Zone 2 (d)—Urban Transition	brown
Zone 2 (v)—Village	scarlet
Business:
Zone 3 (a)—Regional Centre	light blue
Zone 3 (b)—Business Services	mid blue
Zone 3 (c)—Bulk Retail	dark blue
Industrial:
Zone 4—Industry and Employment	purple
Special Use:
Zone 5 (a)—Public Purposes	yellow
Zone 5 (b)—Distributor Roads	grey
Open Space:
Zone 6—Open Space and Recreation	green
Rural Environment Protection:
Zone 7—Water Supply Catchments	orange

19 Categories of development that apply

This plan provides that development will be in one of the following categories of development:

(a)  development that does not require development consent (which includes exempt development),

(b)  local development that requires development consent and comprises complying development,

(c)  other local development that requires development consent (which includes advertised development),

(d)  prohibited development.

20 Exempt development

(1)  Development of minimal environmental impact listed in Part 16.1 of DCP 2004 is exempt development.

(2)  Development is exempt development only if:

(a)  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, and

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

(c)  it complies with any relevant development standards and requirements set for the development by this plan and by DCP 2004, and

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

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

(f)  it does not restrict any vehicular access to or from the site, and

(g)  it complies with the requirements of the Council applying to the land for building adjacent to or over sewer mains, and

(h)  it does not require a tree to be removed, and

(i)  it is carried out behind the building line, where it is carried out in a heritage conservation area, except in the case of boundary fences that would comprise exempt development in the absence of this paragraph.

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

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

(b)  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, or

(c)  is an aquatic reserve declared under the Fisheries Management Act 1994.

Notes—

(1) Exempt development does not require assessment under Part 5 of the Act.

(2) Section 76 (3) of the Act says that exempt development cannot be carried out on land that is: (a) critical habitat (within the meaning of the Threatened Species Conservation Act 1995 ), or (b) within a wilderness area (within the meaning of the Wilderness Act 1987 ).

cl 20: Am 19.9.2003; 2007 (586), Sch 1 [1] [2].

21 Development that does not require consent

(1)  The following development does NOT require development consent:

(a)  exempt development, or

(b)  development listed in Schedule 4, or

(c)  development identified, by the clause imposing general controls for the particular zone in which it is to be carried out, as development which may be carried out without consent, or

(d)  development specified as development which may be carried out without consent in any other provision of this plan.

(2)  Development may be carried out without consent only if, where the development consists of or includes the erection of a building:

(a)  it meets the deemed-to-satisfy requirements of the Building Code of Australia, and

(b)  the building is erected in accordance with the manufacturer’s instructions and any relevant Australian Standards, in the case of a prefabricated building or building assembled from a kit, and

(c)  the building is constructed of new materials, unless otherwise allowed by this plan, and

(d)  the building is not situated over a sewer main or within an easement, unless in accordance with the terms of the easement.

(3)  Nothing in this plan prohibits, restricts or requires development consent for, or allows the consent authority to prohibit or restrict, the use of existing buildings of the Crown by the Crown or the carrying out by public authorities of any development described in Schedule 4 (1).

Note—

Development that does not require consent may still require assessment under Part 5 of the Act, unless it is exempt development.

22 Complying development

(1)  Development listed in Part 16.2 of DCP 2004 is complying development.

(2)  Development is complying development only if:

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

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

(b1)  it is not an existing use, as defined in section 106 of the Act, and

(c)  it complies with the relevant development standards and requirements set for the development by this plan and by DCP 2004, and

(d)  it is consistent with any recovery plan or threat abatement plan in force under the Threatened Species Conservation Act 1995 that apply to the land, and

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

(f)  it is more than 1 metre from any easement or public sewer main, or complies with any requirements specified by the appropriate sewer authority for building over sewers, and

(g)  it has an approval (if required by the Local Government Act 1993) from the council for an on-site effluent disposal system if the development is undertaken on unsewered land.

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

(a)  is identified in this or any other environmental planning instrument, or in DCP 2004, as bushfire prone, flood liable or contaminated land or land subject to subsidence, slip or erosion, or

(b)  comprises the site of a heritage item listed in Schedule 8, or

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

(d)  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, or

(e)  is within an environmentally sensitive area comprising land which is:

(i)  adjacent to land on which major industries or utility installations are carried out, being land shown on the map by red hatching, or

(ii)  land adjacent to Orange Botanic Gardens to which clause 48 applies (shown by green hatching on the map), or

(iii)  land to which clause 72 applies (shown by blue hatching on the map), or

(iv)  within the Lucknow Heritage Conservation Area shown by crimson vertical hatching on the map in and around the Village of Lucknow, or

(f)  is an aquatic reserve declared under the Fisheries Management Act 1994.

(4)  A complying development certificate issued for any such development is to be subject to the conditions for the development specified in Part 16.3 of DCP 2004, as in force when the certificate is issued.

Notes—

(1) An application may be made to the Council or an accredited certifier for a complying development certificate.

(2) A complying development certificate can not be issued for development on land identified as an environmentally sensitive area.

cl 22: Am 19.9.2003; 2007 (586), Sch 1 [3]–[6].

23 Advertised development

(1)  Development described in Schedule 6 is declared to be advertised development for the purposes of the Act.

(2)  Subclause (1) does not make any subdivision advertised development.

24 The zones

(1)  Unless otherwise provided by this plan, the clause imposing general controls for each zone specifies:

(a)  the objectives of the zone,

(b)  the development, in addition to development listed in Schedule 4, which may be carried out without consent in that zone, and

(c)  the development that may be carried out only with consent in that zone.

(2)  Development specified in the clause imposing general controls for a particular zone as development that may be carried out only with consent and highlighted in bold lettering is complying development, subject to clause 22.

(3)  Prior to determining an application for consent under this plan, the consent authority shall consider how the development meets:

(a)  the general aims of this plan, and

(b)  the specific objectives of the zone in which it is proposed to be carried out, and

(c)  any other relevant objectives and requirements of this plan.

(4)  Despite any other provision of this plan (except clause 21 (3)), designated development may be carried out within a zone only with the consent of the consent authority.

25 Prohibited development

(1)  Development is prohibited on land to which this plan applies if it does NOT comprise:

(a)  exempt development identified by clause 20, or

(b)  other development identified by clause 21 as being allowed to be carried out without consent, or

(c)  development listed in the clause imposing general controls for the zone in which the land is situated, as development which may be carried out either with or without consent.

(2)  For the purposes of clauses imposing general controls for zones, the use or construction of aircraft facilities or helicopter landing sites in conjunction with a dwelling are not development for the purpose of the dwelling.

26 Development near zone boundaries

(1)  Development may be carried out with consent on land that is not within Zone 7 and that adjoins land within another zone if the development is allowed with or without consent within the other zone.

(2)  Subclause (1) does not allow subdivision of land within a zone which would result in lots with areas less than the minimum area applicable to the zone.

(3)  Subclause (1) does not apply to land separated from land within a different zone by unzoned land.

(4)  Consent may be granted for development, as referred to in subclause (1), only if, in the opinion of the consent authority:

(a)  the development is desirable due to planning, design, ownership, servicing or similar requirements relating to the optimum development of the land, and

(b)  the development would not have an adverse impact on:

(i)  a waterbody, or

(ii)  the amenity of a residential area, and

(c)  an area of land, sufficient and suitable for development allowed within the adjoining zone, is provided in the zone within which the development is carried out.

27 Unzoned land

Development may be carried out with development consent on land shown uncoloured on the map if it may be carried out either with or without consent on adjoining zoned land.

28 Subdivision

(1)  Subdivision may be carried out within any zone, but only with development consent.

(2)  A subdivision certificate may be issued by an accredited certifier for a subdivision which:

(a)  comprises complying development, or

(b)  involves subdivision works which have been carried out in accordance with quality assurance procedures that have been approved by the Council prior to the commencement of the subdivision works relating to the subdivision.

Part 5 Rural Zones

29 General controls for Zone 1 (a) (General Farming Zone)

(1) Zone objective The objective of Zone 1 (a) is to provide for an area with an open rural character comprising agriculture, other primary industries and development consistent with a rural location, and which includes some rural living opportunities that do not reduce the potential for productive primary industries.

(2)  In Zone 1 (a), the following:

(a)  is allowed without consent:

Development for the purpose of:

agriculture

Exempt development,

(b)  is allowed only with consent:

Subdivision Development for the purpose of:

abattoirs advertisements associated with the use of the land aircraft facilities animal establishments bed and breakfast accommodation caravan parks communication facilities community facilities convenience stores dams dual occupancies dwelling houses educational establishments energy generation entertainment establishments extractive industries forestry group homes guest houses hazardous industries hazardous storage establishments helicopter landing sites heliports holiday accommodation home businesses hospitals

institutions intensive horticulture intensive livestock industries land shaping materials recycling centre mines motels offensive industries offensive storage facilities outbuildings plant nurseries recreation areas recreation facilities research facilities restaurants road transport terminals roads rural industries sawmills shops used primarily for selling art and crafts stock selling centres transport depots utility installations veterinary clinics waste management facilities

Note—

Development indicated in bold in the above table may comprise complying development. An application may be made to the Council or an accredited certifier for a complying development certificate.

30 General controls for Zone 1 (c) (Rural Residential Zone)

(1) Zone objective The zone objective of Zone 1 (c) is to provide for rural lifestyle opportunities and complementary uses on small holdings with close proximity to the Orange urban area, which are compatible with the environmental characteristics of the land.

(2)  In Zone 1 (c), the following:

(a)  is allowed without consent:

Development for the purpose of:

agriculture

Exempt development,

(b)  is allowed only with consent:

Subdivision Development for the purpose of:
advertisements associated with the use of the land animal establishments bed and breakfast accommodation communication facilities community facilities convenience stores dams dual occupancies dwelling houses educational establishments forestry group homes guest houses	holiday accommodation home businesses intensive horticulture land shaping outbuildings plant nurseries recreation areas recreation facilities restaurants roads shops for the purposes of selling art and craft utility installations veterinary clinics

Note—

Development indicated in bold in the above table may comprise complying development. An application may be made to the Council or an accredited certifier for a complying development certificate.

31 Minimum allotment sizes in rural areas

(1)  Land in Zone 1 (a) or 1 (c) may be subdivided if each allotment created has an area not less than the area specified for each zone as follows:

Zone	Minimum area of allotment
1 (a)	100 hectares (subject to subclauses (2) and (3))
	40 hectares (if subclause (2) applies)
	16 hectares (if subclause (3) applies)
1 (c)	2 hectares (subject to subclause (5))

(2)  Land in Zone 1 (a) may be subdivided to create an allotment of less than 100 hectares but not less than 40 hectares if:

(a)  the consent authority is satisfied the allotment will be used for the purpose of agriculture, and

(b)  the consent authority is satisfied that the proposed allotment will be used for sustainable agricultural production in accordance with a farm plan, and

(c)  the applicant demonstrates to the consent authority that the creation of the allotment will not diminish the potential of the land or any other land to be used for agriculture.

(3)  Land in Zone 1 (a) may be subdivided to create an allotment of less than 40 hectares but not less than 16 hectares if:

(a)  the consent authority is satisfied the allotment will be used for the purpose of agriculture comprising horticulture or viticulture, and

(b)  the allotment is being used, or arrangements have been made to the satisfaction of the consent authority for the use of the allotment as a productive horticultural or viticultural enterprise that is or will contribute to the agricultural output of the area, and

(c)  the applicant demonstrates to the consent authority that the creation of the allotment will not diminish the potential of the land or any other land to be used for agriculture.

(4)  Land in Zone 1 (a) may be subdivided to create an allotment of any area if the consent authority is satisfied that the allotment will be used for a purpose permitted on the land, other than agriculture or dwellings.

(5)  Land in Zone 1 (c) may be subdivided to create allotments with areas of less than 2 hectares where the average area of the lots to be created is not less than 2 hectares if the consent authority is satisfied that:

(a)  the lots will be used for the purpose of dwelling houses, and

(b)  each lot can sustain a dwelling house, taking into account the suitability of the land for construction and sewage management systems, and

(c)  the lot layout provides for the rural character of the area and remnant bushland, if any, to be conserved.

(6)  For the purposes of subclause (5), the average area of lots to be created by a staged subdivision is to be determined by reference to all lots to be created by all stages of the subdivision.

cl 31: Am 19.9.2003; 2008 (571), Sch 3.133 [1].

32 Concessional lots from existing holdings

(1)  Notwithstanding clause 31, consent may be granted to the subdivision of land within Zone 1 (a) by which one allotment with an area not greater than 2 hectares is excised from land if:

(a)  the consent authority is satisfied that the allotment will be excised for the purpose of containing a dwelling house, and

(b)  the land from which the allotment will be excised is:

(i)  an existing holding having an area of at least 16 hectares, or

(ii)  the residue of an existing holding from which, prior to the appointed day, one lot was excised having an area of at least 20 hectares, or

(iii)  the residue of an existing holding from which, prior to the appointed day, up to two lots were excised with an area of at least 30 hectares each.

(2)  For the purposes of subclause (1) (b) (ii) or (iii), a lot is deemed to have been excised prior to the appointed day where a current development consent issued in accordance with clause 23 of Orange Local Environmental Plan No 11 but a subdivision certificate had not been issued prior to the appointed day.

(3)  The Council must not grant consent to development referred to in subclause (1) after the date of the third anniversary of the appointed day or such later date as the Minister may, before that third anniversary, notify by order published in the Gazette.

33 Subdivision for managed agriculture

(1)  Consent may be granted to the subdivision of land in Zone 1 (a) to create allotments of any area which are to be used for, and in association with, agriculture for the purpose of horticulture or viticulture, where:

(a)  the consent authority is satisfied that a farm plan demonstrates that the proposed allotment will be used and managed for sustainable agricultural production, and

(b)  the lots will be subdivided to create a scheme under the Community Land Development Act 1989.

(2)  The scheme referred to in subclause (1) (b) may contain lots for the purpose of dwelling houses subject to the number of lots not exceeding 1 for every 16 hectares of the total land within the scheme.

34 Monitoring of rural subdivision activities

The Council shall maintain:

(a)  a register which records all decisions made for subdivisions in Zone 1 (a) (in accordance with clauses 31, 32 and 33) and Zone 7, and

(b)  a map showing the location of all subdivisions made in accordance with those clauses,

and the register and map shall be publicly available for inspection.

35 Dwelling houses in rural zones

(1)  A dwelling house may be erected on vacant land within Zone 1 (a) or 1 (c) where the land:

(a)  comprises the whole of an existing holding, or

(b)  is an allotment created in accordance with clause 31 (1), (2), (3) or (5), or

(c)  is an allotment created in accordance with a development consent granted in accordance with a previous environmental, or deemed environmental planning instrument, being an allotment on which a dwelling could have been erected immediately before the appointed day.

(2)  A dwelling house may be erected on vacant land within Zone 1 (a) where the land:

(a)  is an allotment created in accordance with clause 32, or

(b)  has an area of at least 16 hectares and the consent authority is satisfied that the land has been developed and is being used for sustainable horticultural, or viticultural, enterprises, or

(c)  was created by a subdivision for the purpose of a dwelling house in accordance with clause 33 (2).

(3)  A dwelling house may be erected on land that contains an existing habitable dwelling house where it is intended to replace the existing dwelling house which shall be either demolished or altered so that it may be used for an outbuilding or other use allowed within the zone.

cl 35: Am 19.9.2003.

36 Dual occupancy in rural zones

Development for the purpose of a dual occupancy may be carried out, with consent, on land within Zone 1 (a) or 1 (c), but only where:

(a)  both dwellings are and continue to be located on the same lot or parcel, and

(b)  each dwelling is attached, or in close proximity, to the other, and

(c)  the land may be developed for the purpose of a dwelling house in accordance with clause 35.

37 On-site sale of primary produce

Consent may be granted for rural produce, including wine, substantially grown or produced on land within Zone 1 (a) or 1 (c) being offered for sale by the producer where the consent authority is satisfied that:

(a)  the building or place used for the sale of produce is situated wholly within the land, and

(b)  there are adequate parking and manoeuvring areas associated with the building or place used for the sale of produce, and adequate access to a public road, and

(c)  the building or place used for the sale of produce complements the rural character of the locality.

Part 6 Residential Zones

38 General controls for Zone 2 (a) (Urban Residential Zone)

(1) Zone objective The objective of Zone 2 (a) is to provide for a fully serviced urban residential environment with a range of housing forms and complementary community and business uses taking into account the distinct character of existing and proposed localities within the urban area.

(2)  In Zone 2 (a), the following:

(a)  is allowed without consent:

Development for the purpose of:

recreation areas on public land

Exempt development,

(b)  is allowed only with consent:

Subdivision Development for the purpose of:
advertisements associated with the use of the land agriculture animal establishments bed and breakfast accommodation boarding houses business premises in Schedule 7 child care centres communication facilities community facilities caravan parks convenience stores dams dual occupancies dwelling houses educational establishments exhibition homes group homes	guest houses health consulting rooms hotels home businesses housing for aged or disabled persons land shaping motels outbuildings places of worship plant nurseries recreation areas recreation facilities residential units restaurants roads shops in Schedule 7 utility installations veterinary clinics

Note—

Development indicated in bold in the above table may comprise complying development. An application may be made to the Council or an accredited certifier for a complying development certificate.

39 General controls for Zone 2 (d) (Urban Transition Zone)

(1) Zone objective The zone objective for Zone 2 (d) is to provide for an area with a predominantly rural character comprising housing and complementary uses on rural small holdings in a manner that will not restrict future serviced urban development in accordance with the Council’s urban release strategy.

(2)  In Zone 2 (d), the following:

(a)  is allowed without consent:

Development for the purpose of:

agriculture, recreation areas on public land

Exempt development,

(b)  is allowed only with consent:

Subdivision Development for the purpose of:
advertisements associated with the use of the land animal establishments bed and breakfast accommodation communication facilities community facilities convenience stores dams dual occupancies dwelling houses educational establishments group homes guest houses	home businesses housing for aged or disabled persons land shaping outbuildings places of public worship plant nurseries recreation areas recreation facilities restaurants roads utility installations veterinary clinics

Note—

Development indicated in bold in the above table may comprise complying development. An application may be made to the Council or an accredited certifier for a complying development certificate.

40 General controls for Zone 2 (v) (Village Zone)

(1) Zone objective The objective of Zone 2 (v) is to provide for a mix of housing, community uses, business and light industries which combine to provide a distinct village character, while recognising the significance of protecting water quality within the water supply catchment.

(2)  In Zone 2 (v), the following:

(a)  is allowed without consent:

Development for the purpose of:

agriculture, recreation areas on public land

Exempt development,

(b)  is allowed only with consent:

Subdivision Development for the purpose of:

advertisements associated with the use of the land animal establishments bed and breakfast accommodation boarding houses business premises car parks caravan parks child care centres communication facilities community facilities convenience stores dams depots dual occupancies dwelling houses educational establishments exhibition homes forestry group homes guest house health consulting rooms holiday accommodation home businesses hotels

housing for aged or disabled persons land shaping light industries materials recycling centres motels passenger transport terminals places of worship plant nurseries recreation areas recreation facilities research facilities restaurants road transport terminals roads rural industries outbuildings shops transport depots utility installations veterinary clinics waste management facilities for the purposes of transfer stations

Note—

Development indicated in bold in the above table may comprise complying development. An application may be made to the Council or an accredited certifier for a complying development certificate.

41 Urban Residential Zone—general considerations

Consent may be granted for development on land within Zone 2 (a) only if, in the opinion of the consent authority:

(a)  the development would be compatible with the existing and likely future character and amenity of the residential locality in terms of:

(i)  its scale, bulk, design, appearance, height, siting and landscaping, and

(ii)  traffic generation and car parking, and

(iii)  noise, dust, light and odour generation, and

(iv)  privacy and overshadowing, and

(v)  hours of operation, and

(b)  adequate arrangements have been made for the supply of water, and the disposal of sewage and stormwater, and

(c)  the development incorporates measures for the conservation of energy, and waste management.

42 Development in the Urban Transition Zone

(1)  The objective of this clause is to ensure that subdivision of land in Zone 2 (d) is carried out in a manner that facilitates future urban development.

(2)  Land within Zone 2 (d) may be subdivided by excising an allotment with an area of not less than 2 hectares that is the site of a lawfully erected dwelling house that existed at the appointed day provided that the residue of the allotment has an area of at least 16 hectares or the subdivision enables the residue of the allotment to be consolidated with another allotment to create an allotment or allotments with an area of at least 16 hectares.

(3)  Land within Zone 2 (d) in the area west of Ploughmans Lane in the Suburb of Calare may be subdivided for the purpose of dwelling houses to create lots with areas of at least 2 hectares where:

(a)  the land is suitable for on-site sewage management systems, and

(b)  a house site is identified which will not diminish the future development of the land for urban residential purposes.

(4)  Land in Zone 2 (d) in the area west of Ploughmans Lane in the Suburb of Calare may be subdivided for the purpose of dwelling houses to create allotments with areas less than 2 hectares where the average area of the lots to be created is not less than 2 hectares and where the consent authority is satisfied that:

(a)  each lot can sustain a dwelling house taking into account the suitability of the land for construction and sewage management systems, and

(b)  the lot layout relates to the site’s topographical features, provides for the rural residential character of the area to be maintained pending future urban residential development and for any remnant bushland to be conserved, and

(c)  a house site is identified which will not diminish the future development of the land for urban residential purposes.

(5)  Land within Zone 2 (d) may be subdivided for the purpose of dwelling houses to create allotments with areas not less than 4,000 square metres where:

(a)  the allotments will be serviced by public sewerage facilities provided by or on behalf of the Council, and

(b)  a house site is identified on each allotment that will not diminish the future development of the land for urban residential purposes including provision for roads, public utility undertakings, communication facilities and open space.

43 Shops and business premises in residential zones

(1)  Consent may granted for a shop or business premises in Zone 2 (a) only where:

(a)  the shop or business premises are listed in Schedule 7, and

(b)  the consent authority is satisfied that the shop or business premises is required to serve the convenience needs of residents within the surrounding residential area taking into account the number and size of existing shops in the surrounding residential area.

(2)  Development for the purpose of business premises may be carried out only within a neighbourhood centre or established group of shops and business premises.

(3)  Supermarkets, department stores or discount department stores or substantial shopping centres are prohibited within residential zones.

44 Exhibition homes or land sales offices

Consent may be granted for exhibition homes or business premises used for the purpose of a land sales office on land within Zone 2 (a) only if:

(a)  they are designed in such a way that they will not adversely affect the existing and likely future character and amenity of nearby residential areas, and

(b)  they are designed in such a way that they will accommodate the demand for car parking and will not adversely affect traffic movement on nearby residential areas, and

(c)  their use for exhibition or sales is restricted by a condition of development consent to a limited period.

45 Home businesses

(1)  Consent may be granted for a home business in Zone 1 (c), 2 (a) or 2 (d) where:

(a)  the business is carried out on land upon which is erected a dwelling house, and

(b)  a maximum of 3 people carry out business activities at any one time, including residents, and

(c)  the development is compatible with the character and amenity of the surrounding residential area in terms of:

(i)  traffic generation and car parking, and

(ii)  design, scale, bulk, height, siting and landscaping, and

(iii)  hours and method of operation, and

(iv)  noise, light, dust and odour generation, and

(v)  privacy, and

(vi)  overshadowing.

(2)  Despite subclause (1), consent may be granted for a home business on land within Zone 2 (a) shown edged heavy black on Sheet 1 of the map marked “Orange Local Environmental Plan 2000 (Amendment No 6)” only if:

(a)  the requirements set out in subclause (1) (a) and (c) are met in relation to the development, and

(b)  a maximum of 5 people carry out business activities at any one time, including residents, and

(c)  the consent authority is satisfied that the development incorporates a high quality of urban design.

cl 45: Am 2009 (411), Sch 1 [1].

46 Dual occupancies and residential units

Consent may be granted for dual occupancies or residential units on land in Zone 2 (a) where:

(a)  the land is situated in an area which is suitable for dual occupancy housing or residential units taking into account the residential character of the area, and

(b)  the development is compatible with the character and amenity of the surrounding residential area in terms of:

(i)  site area and shape, and

(ii)  traffic generation and car parking, and

(iii)  design, scale, bulk, height, siting and landscaping, and

(iv)  privacy, and

(v)  overshadowing.

47 Development in the Village of Lucknow

Due to the former mining activity in the Village of Lucknow, consent may be granted for development in the Village of Lucknow and on land adjacent to the Village which is likely to have been used for mining, only where the consent authority has considered a professionally prepared geotechnical report which indicates that the land is suitable for the development and which at least addresses the following:

(a)  the suitability of the land taking into account the effect of the development on mine shafts, mine spoil and other mining relics, and

(b)  the potential of mine subsidence or land contamination to affect the development, and

(c)  measures to ensure that development complements the character of the Village represented by former mining activity and relics.

48 Development in the vicinity of the Orange Botanic Gardens

To ensure that development in the vicinity of the Orange Botanic Gardens complements the setting of the gardens, consent may be granted for a building to be erected in the Scenic Area adjacent to Orange Botanic Gardens, as indicated by green hatching on the map, only if the consent authority is satisfied that:

(a)  it will be located at a sufficient distance from the boundary of the Orange Botanic Gardens, and

(b)  it will have a building height which does not unreasonably intrude on the landscape features and views from the Orange Botanic Gardens.

49 Residential development in Ploughmans Valley Release Area

(1)  This clause applies to land within Zone 2 (a) generally bounded by Forbes Road, Gorman Road and the proposed distributor road route commonly known as “Area 2” in the Ploughmans Valley Release Area.

(2)  To ensure that development takes into account the unique landscape qualities of the Valley and provides suitable separation between houses and arterial roads, consent may be granted only to subdivisions which create large lots adjoining arterial roads and along the western boundary of Zone 2 (a) in the vicinity of the western ridge.

Part 7 Business Zones

50 General Controls for Zone 3 (a) (Regional Centre Zone)

(1) Zone objective The objective of Zone 3 (a) is to promote development which contributes to the role of the Orange central business district (CBD) as the primary retail and business centre in the City and region. Redevelopment of public car parking areas is essential to ensure the long term viability of the CBD.

(2)  In Zone 3 (a), the following:

(a)  is allowed without consent:

Development for the purpose of:

recreation areas on public land, street furniture including shelters and landscaping in public places undertaken by or on behalf of the Council

Exempt development,

(b)  is allowed only with consent:

Subdivision Development for the purpose of:

advertisements agribusiness bed and breakfast accommodation boarding houses bulk retail business premises car parks child care centres communication facilities community facilities convenience stores depots dual occupancy dwelling houses educational establishments energy generation entertainment establishments fast food outlets group homes guest houses health consulting rooms home businesses hospitals hotels housing for aged or disabled persons land shaping light industries materials recycling centres

motels motor showrooms offices outbuildings passenger transport terminals places of worship plant hire plant nurseries public buildings recreation areas recreation facilities registered clubs research facilities residential units restaurants roads service stations shops technology centres transport depots utility installations vehicle repair stations veterinary clinics warehouses waste management facilities for the purposes of waste transfer

Note—

Development indicated in bold in the above table may comprise complying development. An application may be made to the Council or an accredited certifier for a complying development certificate.

51 General Controls for Zone 3 (b) (Business Services Zone)

(1) Zone objective The objective of Zone 3 (b) is to provide a range of commercial activities, primarily professional and trade services, and offices which support but do not detract from the role of the CBD as the primary business centre within the City. In order to protect the role of the CBD, retailing is limited and, as such, shopping centres, bulk retail centres, supermarkets or other major retail facilities are not appropriate within this zone.

(2)  In Zone 3 (b), the following:

(a)  is allowed without consent:

Development for the purpose of:

recreation areas on public land, street furniture including shelters and landscaping in public places undertaken by or on behalf of the Council

Exempt development,

(b)  is allowed only with consent:

Subdivision Development for the purpose of:

advertisements agribusiness bed and breakfast accommodation boarding houses brothels business premises car parks child care centres communication facilities community facilities convenience stores dams depots dual occupancies dwelling houses educational establishments energy generation entertainment establishments exhibition homes fast food outlets group homes guest houses health consulting rooms home businesses hospitals hotels housing for aged or disabled persons land shaping light industries

materials recycling centres motels motor showrooms offices passenger transport terminal place of public worship plant hire plant nurseries public buildings recreation areas recreation facilities registered clubs research facilities residential units restaurants road transport terminals roads service stations shops shops subject to clause 54 technology centres utility installations vehicle repair stations veterinary hospitals warehouses waste management facilities for the purposes of recycling or waste transfer

Note—

Development indicated in bold in the above table may comprise complying development. An application may be made to the Council or an accredited certifier for a complying development certificate.

cl 51: Am 2007 (586), Sch 1 [7].

51A Development in vicinity of Perc Griffith Way

(1)  Consent may be granted for development on land within Zone 3 (b) that is located within the water supply catchment only if:

(a)  in the opinion of the consent authority:

(i)  the development will not have an adverse impact on the water supply catchment, and

(ii)  the development (including any subdivision) provides for the integrated and effective management of stormwater runoff from all buildings and roads and other sealed surfaces (for example pathways and driveways), and

(b)  the consent authority is satisfied that the development incorporates appropriate measures to ensure that pollutants (including elevated nutrient levels from stormwater runoff or sewage effluent) do not enter the water supply catchment.

(2)  Despite clause 51, consent must not be granted to development for the purpose of dwelling houses, group homes or residential units on land within Zone 3 (b) that is located within the water supply catchment.

(3)  Consent may be granted for development on land within Zone 3 (b) adjacent to Perc Griffith Way only if, in the opinion of the consent authority:

(a)  the bulk, scale, height and siting of any proposed buildings and the landscaping of the site would contribute to and enhance the character of the area as the “eastern gateway” to Orange, and

(b)  traffic generated from the development will not have an adverse impact on the existing and likely future function of the Mitchell Highway as the major route to and from Orange.

cl 51A: Ins 19.9.2003.

52 General controls for Zone 3 (c) (Bulk Retail Zone)

(1) Zone objective The objective of Zone 3 (c) is to facilitate the establishment of a limited range and type of retail outlets and associated uses, predominantly large floor space uses, which because of their particular operational requirements are less suited to city centre locations.

(2)  In Zone 3 (c), the following:

(a)  is allowed without consent:

Development for the purpose of:

agriculture

Exempt development,

(b)  is allowed only with consent:

Subdivision Development for the purpose of:
advertisements bulk retail car parks caravan parks child care centres communication facilities community facilities dams depots educational establishments entertainment establishments exhibition homes fast food outlets hotels land shaping motels motor showrooms passenger transport terminals	places of worship plant hire plant nurseries public buildings recreation areas recreation facilities registered clubs research facilities restaurants roads service stations technology centres utility installations vehicle repair stations waste management facilities for the purposes of recycling or waste transfer

Note—

Development indicated in bold in the above table may comprise complying development. An application may be made to the Council or an accredited certifier for a complying development certificate.

53 Development within Zone 3 (a) in the Orange CBD

Consent may be granted for development comprising the erection of a building on land within Zone 3 (a) in the Orange CBD, only where the consent authority is satisfied that:

(a)  it encourages continuity in streetscape character through consistent building alignments and heights, facade treatment, and provision of verandahs, awnings or similar means of protection for pedestrians within and adjacent to the land, and

(b)  it can accommodate the demand for car parking, whether by on-site provision or contribution towards public parking facilities, or both.

54 Retailing in Zone 3 (b)

(1)  Consent may be granted for shops within Zone 3 (b) only where the consent authority is satisfied that the development will not detract from the role of the CBD as the major business centre in the City.

(2)  This clause does not allow the establishment of supermarkets, bulk retail centres, department stores or discount department stores or substantial shopping centres or complexes within Zone 3 (b).

(3)  Despite any other provision of this plan, consent must not be granted for the purposes of a shop on land within Zone 3 (b) shown edged heavy black on Sheet 1 of the map marked “Orange Local Environmental Plan 2000 (Amendment No 6)” unless the consent authority is satisfied that the combined gross floor area of all shops to be erected on that land will not exceed 1,000 square metres.

cl 54: Am 2009 (411), Sch 1 [2].

55 Bulk retail in Zone 3 (c)

(1)  Consent may be granted for development for the purpose of bulk retail within Zone 3 (c) only where:

(a)  the sale of items is limited to those specified in paragraph (b), and

(b)  the gross floor area of the part of the building used for the sale, storage and display of each of the following items offered for sale at the bulk retail, is not less than the area shown below:

Bulk retail items	Gross floor area
furniture	500 square metres
electrical goods	500 square metres
toy and sporting equipment	500 square metres
office supplies	500 square metres
hardware and building supplies	500 square metres
outdoor products	500 square metres
floor coverings	250 square metres
automotive parts and accessories	250 square metres
lighting	250 square metres
antiques and second hand goods	250 square metres
kitchen or bathroom showrooms	150 square metres
tiles (floor, ceiling, wall)	150 square metres

(c)  the consent authority is satisfied that the proposed development will not have an adverse impact on the viability of land within Zone 3 (a) in the Orange central business district.

(2)  This clause does not permit the establishment of supermarkets, department stores or specialty stores for the primary purposes of selling food for home consumption, clothes, footwear and fashion accessories within Zone 3 (c).

56 Eastern Gateway Development

(1)  This clause applies to land within Zone 3 (c) situated on the Mitchell Highway comprising Lot 1 DP 153167 and Part Lot 25 DP 750401.

(2)  Consent may be granted for development on the land to which this clause applies only if:

(a)  in the opinion of the consent authority:

(i)  the bulk, scale, height and siting of any proposed buildings and the landscaping of the site of the proposed development would contribute to and enhance the character and amenity of the land as the “eastern gateway” to Orange, and are compatible with the amenity of the nearby residential areas, and

(ii)  the development will not have an adverse impact on the City’s drinking water catchment area, and

(iii)  traffic generated by the development and access to the site of the development will not have an adverse impact on the existing and likely future function of the Mitchell Highway as the major transport route to and from Orange, and

(b)  the ratio of the gross floor area of buildings to the site area does not exceed 0.25:1.

(3)  Consent may be granted for restaurants on the land to which this clause applies, in conjunction with a use listed in clause 55 or a fast food outlet, only where in the opinion of the consent authority the restaurant will not have an adverse impact on the role of the CBD or other business centres.

Part 8 Industry and Employment Zone

57 General controls for Zone 4 (Industry and Employment Zone)

(1) Zone objectives The objectives of Zone 4 are to provide areas for a range of industrial and employment-generating uses, and permit commercial development where it is ancillary to and associated with an industrial or employment-generating use of land within the zone, or it serves the convenience needs of the workforce in the area, provided that commercial development does not have an adverse impact on the continued viability of land within business zones in Orange.

(2)  In Zone 4, the following:

(a)  is allowed without consent:

Development for the purpose of:

agriculture, recreation areas on public land provided by or on behalf of the Council, street furniture and landscaping in public places provided or undertaken by or on behalf of the Council

Exempt development,

(b)  is allowed only with consent:

Subdivision Development for the purpose of:

abattoirs advertisements agribusiness animal establishments brothels bulk retail allowed by clause 58 car parks child care centres communication facilities community facilities convenience stores dams depots dwelling houses in association with and on the same land as another use allowed in the zone educational establishments energy generation entertainment establishments exhibition homes extractive industries forestry hazardous industries hazardous storage establishments helicopter landing sites heliports home businesses industries intensive horticulture land shaping

light industries materials recycling centres motor showrooms offensive industries offensive storage facility offices used in conjunction with another use permissible in the zone outbuildings passenger transport terminals places of worship plant nurseries plant hire public buildings recreation areas recreation facilities research facilities road transport facilities roads rural industries sawmills service stations shops stock selling centres technology centres transport depots utility installations vehicle repair stations veterinary clinics warehouses waste management facilities

Note—

Development indicated in bold in the above table may comprise complying development. An application may be made to the Council or an accredited certifier for a complying development certificate.

58 Retailing in industrial areas

(1)  Consent may be granted for a shop in Zone 4 only if:

(a)  the consent authority is of the opinion that the shop will serve the needs of the workforce within the industrial area and will not prejudice the viability and function of zoned business areas, or

(b)  the shop is ancillary to, and situated on the same land as, other purposes permitted in the zone.

(2)  Subclause (1) does not prevent consent from being granted for bulk retail in Zone 4 for the principal purpose of selling:

(a)  agricultural produce, supplies, plant or equipment, or

(b)  building products, or

(c)  motor vehicle parts or accessories or tyres, in which case consent may also be granted for tyre fitting, or

(d)  second hand or office furniture.

59 Development near a residential zone

Consent may be granted for development within Zone 4 which is in the vicinity of land within a residential zone only if, in the opinion of the consent authority, it would be compatible with the character and amenity of the existing and likely future nearby residential areas in terms of:

(a)  its design, siting and landscaping, and

(b)  its methods and hours of operation, traffic generation and car parking, and

(c)  noise, light, dust and odour nuisance, and

(d)  privacy and overshadowing.

Part 9 Special Uses and Roads Zone

60 General controls for Zone 5 (a) (Public Purposes Zone)

(1) Zone objectives The objectives of Zone 5 (a) are to identify land used or required to be used for a public purpose, including uses undertaken by, on behalf of, or under the authority of a public authority, and to identify land which is used for a purpose which has specific land use requirements not otherwise provided for in adjoining zones.

(2)  In Zone 5 (a), the following:

(a)  is allowed without consent:

Development for the purpose of:

agriculture

Exempt development,

Use of a building lawfully erected for, or ancillary to, the particular land use specified on the map.

(b)  is allowed only with consent:

Subdivision Development for the purpose of:
advertisements associated with the use of the land car parks communication facilities dams land shaping	public buildings recreation areas roads the particular land use specified on the map utility installations

Note—

Development indicated in bold in the above table may comprise complying development. An application may be made to the Council or an accredited certifier for a complying development certificate.

61 General controls for Zone 5 (b) (Distributor Roads Zone)

(1) Zone objective The objective of Zone 5 (b) is to identify land required for proposed roads to provide for an alternate heavy vehicle route around the City Centre and to distribute local traffic through the City. The zone is also intended to protect the land from incompatible development pending the construction of these roads.

(2)  In Zone 5 (b), the following:

(a)  is allowed without consent:

Development for the purpose of:

agriculture

roads and associated works

Exempt development,

(b)  is allowed only with consent:

Subdivision Development for the purpose of:
car parks communication facilities dams	land shaping recreation areas utility installations

Note—

Development indicated in bold in the above table may comprise complying development. An application may be made to the Council or an accredited certifier for a complying development certificate.

62 Land acquisition within Zone 5 (b)

(1)  The owner of land within Zone 5 (b) may, in writing, request the Council to acquire the land.

(2)  On receipt of a request, the Council must make arrangements to acquire the land if:

(a)  the land is included in a 5 year works program of the Council, current at the time of the request to acquire, or

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

(3)  The Council is not required to acquire the land if it might reasonably be required to be dedicated as a condition of consent to the carrying out of development.

63 Use of land within Zone 5 (b)

(1)  Consent may be granted to development on land within Zone 5 (b) prior to its acquisition by the Council:

(a)  if the development may be carried out either with or without consent on land in an adjoining zone, or

(b)  if the development is compatible with development which may be carried out on land in an adjoining zone.

(2)  In considering an application for such a consent, the consent authority must consider:

(a)  the imminence of acquisition, and

(b)  the likely additional cost to the Council resulting from carrying out of the proposed development.

(3)  Consent may be granted to any development of land in Zone 5 (b) if the land is, in the opinion of the consent authority, no longer required for the specified land use shown on the map.

64 Distributor roads

New vehicular access, other than a public road opened with the approval of the Council, must not be created to a road indicated on the map as restricted access to a distributor road.

65 Development along transport routes

(1)  Consent may be granted to development on land which adjoins an arterial road only where the consent authority has considered:

(a)  the likely impact of the development, including its visual impact, on the safety, efficiency and function of the road, and

(b)  whether access can be provided to the site of the development by a road other than an arterial road, and

(c)  the adequacy of the location and design of any access to the road, and

(d)  whether any measures are required to alleviate noise impacts from the adjoining road.

(2)  Consent may be granted to development on land which adjoins Cadia Road, being a principal access route to Cadia Mines, only where the consent authority has considered:

(a)  the likely impact of the development on the safety, efficiency and function of the road, and

(b)  whether any measures are required to be carried out in conjunction with the development to mitigate potential noise impacts from the adjoining road.

66 Use of land at Orange (Spring Hill) Airport

(1)  Consent may be granted to development on land at, adjoining or adjacent to, Orange Airport for aircraft-related purposes, including industries or business premises, or other land uses associated with air transport.

(2)  In considering an application for such a consent, the consent authority must take into account the following:

(a)  the demand for, and availability of utility services,

(b)  whether any measures are necessary to protect the water catchment area from development impacts.

67 Development in the vicinity of Orange (Spring Hill) Airport

(1)  Consent may be granted for development on land in the vicinity of Orange Airport, only where the consent authority has considered:

(a)  the potential impact of the airport on the development to which the application relates, and

(b)  the current Obstacle Limitation Surfaces Plan for Orange Airport completed by or on behalf of the airport operator and kept in the office of the Council.

(2)  A building may be erected on land in the vicinity of Orange Airport within the area indicated by red hatching on the map only if the building complies with Australian Standard AS 2021–1994Acoustics—Aircraft noise intrusion—Building Siting and Construction).

Part 10 Open Space and Recreation Zone

68 General controls for Zone 6 (Open Space and Recreation Zone)

(1) Zone objective The objective of Zone 6 is to ensure that public and private open space meets a range of recreational needs of residents of the City, and enhances and protects the environment of Orange.

(2)  In Zone 6, the following:

(a)  is allowed without consent:

Development for the purpose of:

agriculture, recreation areas on Crown or public land

(b)  is allowed only with consent:

Subdivision Development for the purpose of:
advertisements associated with a land use allowed in the zone car parks caravan parks communication facilities community facilities dams forestry helicopter landing sites holiday accommodation on land other than public land	motels on land other than public land recreation areas on land other than Crown or public land recreation facilities registered clubs restaurants roads utility installations

Note—

Development indicated in bold in the above table may comprise complying development. An application may be made to the Council or an accredited certifier for a complying development certificate.

69 Land acquisition within Zone 6

(1)  The owner of land within Zone 6 may, in writing, request the Council to acquire the land.

(2)  On receipt of a request the Council must make arrangements to acquire the land, unless the land might reasonably be required to be dedicated as a condition of consent to the carrying out of development.

(3)  This clause does not apply to Crown land held by a public authority for the purpose for which it is reserved or land that is used or is proposed to be developed for recreational purposes by a private or community organisation, such as a club or organisation established for golf, bowls or other sporting or recreational purposes.

70 Use of public land within Zone 6

(1)  Consent may be granted for any development on land within Zone 6 being community land as defined under the Local Government Act 1993 where the development is consistent with an adopted plan of management prepared in accordance with that Act.

(2)  In assessing a development application for consent to development on community land within Zone 6 the consent authority shall consider:

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

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

(c)  how any proposed building complements the use of the land as public open space, and

(d)  whether public use of, and access to, the site will be affected and to what extent.

Part 11 Rural Environment Protection Zone

71 General controls for Zone 7 (Water Supply Catchments Zone)

(1) Zone objective The objective of Zone 7 is to manage development within those rural areas which comprise water supply catchments in a way that conserves and enhances the City’s and district’s water resources while maintaining the rural function and character of the area generated by productive primary industries and some living opportunities.

(2)  In Zone 7, the following:

(a)  is allowed without consent:

Development for the purpose of:

agriculture

(b)  is allowed only with consent:

Subdivision Development for the purpose of:
advertisements associated with the use of the land aircraft facilities animal establishments bed and breakfast accommodation caravan parks serviced by public sewerage facilities communication facilities community facilities convenience stores dams depots dual occupancies dwelling houses energy generation extractive industries forestry group homes guest houses helicopter landing sites heliports	holiday accommodation home businesses intensive livestock industry for aquaculture land shaping mines offensive industries offensive storage facilities outbuildings plant nurseries recreation areas recreation facilities research facilities restaurants road transport terminals roads rural industries sawmills transport depots utility installations veterinary hospitals

Note—

Development indicated in bold in the above table may comprise complying development. An application may be made to the Council or an accredited certifier for a complying development certificate.

cl 71: Am 19.9.2003.

72 Water quality protection area

Consent must not be granted for development on land shown on the map by blue hatching unless in the opinion of the consent authority:

(a)  the development provides for:

(i)  the stability of streambanks or foreshores of the water body, and

(ii)  protection and enhancement of aquatic and riparian ecosystems, and

(iii)  retaining drainage patterns, and

(iv)  protecting water quality, and

(v)  the needs of existing and potential users of water from that waterbody, and

(b)  the development will not result in:

(i)  destruction of native riparian vegetation in the area, or

(ii)  siltation of the water body, or

(iii)  an on-site sewage management facility being located on the land from which effluent or nutrients are likely to enter the water body.

73 Subdivision and housing

(1)  Clauses 31, 32, 33 and 35 apply to Zone 7 in the same way as these clauses apply to Zone 1 (a).

(2)  Consent may be granted to dual occupancy development on land within Zone 7 only where:

(a)  each dwelling is attached or in close proximity to the other, and

(b)  the area of the land is not less than 16 hectares.

(3)  Where land is partly within Zone 7 and partly within another zone, development which includes provision for an on-site sewage management facility shall be situated within that part of the land within a zone other than Zone 7.

(4)  Subclause (3) applies to, but is not limited only to, concessional lots comprising vacant land created in accordance with clause 32 (as applied by subclause (1)), dwelling houses, dual occupancies, group homes and holiday accommodation.

(5)  Clause 32 does not apply to lots 1 and 2 DP 8381, Giles Road, Springside.

73A On-site sale of primary produce

Clause 37 applies to Zone 7 in the same way as it applies to Zones 1 (a) and 1 (c).

cll 73A: Ins 19.9.2003.

73B Aquaculture

Consent may be granted for development for the purpose of aquaculture on land within Zone 7 only if:

(a)  the development does not comprise designated development, and

(b)  in the opinion of the consent authority:

(i)  the development will not have an adverse impact on the water supply catchment, and

(ii)  the development provides for an effective on-site waste water management facility to ensure minimal impact on the water supply catchment.

cll 73B: Ins 19.9.2003.

Part 12 Heritage

74 Objectives for heritage conservation

The objectives of this Part are:

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

(b)  to provide the opportunity for public information and participation in heritage matters, and

(c)  to ensure that development is consistent with the heritage character of the City of Orange.

75 Heritage items and heritage conservation areas

(1)  Development consent is required, subject to subclause (2), for the following development:

Heritage items

(a)  demolishing or moving a heritage item, or a building, work, relic or tree on the site of a heritage item,

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

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

Relics

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

(e)  demolishing, dismantling, moving or altering a relic,

In heritage conservation areas

(f)  demolishing or moving a building, work, relic or place within a heritage conservation area,

(g)  altering a building, work, relic or place within a heritage conservation area by making structural or non-structural changes to its exterior, including changes to the detail, fabric, finish or appearance,

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

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

(a)  the proposed development is exempt development, or

(b)  the consent authority is satisfied that the proposed development is of a minor nature or consists of maintenance of a heritage item or of a building, work, relic or place within a heritage conservation area and the consent authority is satisfied that the proposed development would not adversely affect the heritage significance of the heritage item or conservation area.

76 Consideration of development affecting heritage items or heritage conservation areas

(1)  When determining a development application required by this Part, the consent authority shall take into account the extent to which the development would have an impact on the heritage significance of heritage items or heritage conservation areas.

(2)  The consent authority may decline to grant consent for development in respect of a heritage item designated in Schedule 8 as having “national”, “State” or “regional” significance until it has considered a conservation management plan, explaining the heritage significance of the item and the impact of the proposed development on the significance of the item and its setting.

(3)  Before granting a consent for demolition of a building required by this Part, the consent authority shall consider a plan or description of any building which is proposed to take the place of the building to be demolished.

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 76: Am 2008 (571), Sch 3.133 [2].

77 Development in the vicinity of heritage items

The consent authority may grant consent to development affecting land in the vicinity of a heritage item, heritage conservation area, archaeological site or potential archaeological site only after considering an assessment of the impact that the development would have on the heritage significance, curtilage and setting of the item or heritage conservation area as well as the impact of the development on any significant views to or from the heritage item or conservation area.

78 Heritage proposals being advertised development

(1)  The following development for which consent is required by this Part is advertised development for the purposes of the Act:

(a)  the complete or substantial demolition of a building or work that is a heritage item,

(b)  the complete or substantial demolition of any significant feature of a heritage item,

(c)  the demolition of a building, work, relic or place within a heritage conservation area,

(d)  the carrying out of any development under clause 79.

(2)    (Repealed)

cl 78: Am 2008 (571), Sch 3.133 [3].

79 Conservation incentives for heritage items

(1)  The consent authority may grant consent to use of a building that is a heritage item for any purpose, or of the land on which a heritage item is situated, even though the use would otherwise be prohibited by this plan, if it is satisfied that the retention of the building or item depends on the granting of consent and:

(a)  the condition of the heritage item is such that the use of the item for any purpose which is permissible in the zone would be impractical or undesirable, and

(b)  the heritage item requires a substantial amount of capital expenditure (other than maintenance work) in order to conserve its heritage significance, and

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

(d)  the cost of conservation work identified in the conservation management plan is such that it is not reasonable that any use allowed in the zone would be economically viable for the current or future owner, and

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

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

(g)  the proposed use would not adversely affect the amenity of the area, and

(h)  in all other respects the proposed use complies with the provisions of this plan.

(2)  When considering an application for consent allowed by subclause (1) to erect a building on land on which a heritage item is to be retained and conserved, the consent authority may exclude the floor space of the building from its calculation of parking spaces for the proposed development if it is satisfied that:

(a)  any proposed carparking area would not adversely affect the heritage significance of the item, and

(b)  any proposed car parking area would not adversely affect the amenity of the area and its streetscape qualities, and

(c)  the conservation of the heritage item depends on the making of the exclusion.

80 Development of archaeological sites

(1)  Consent may be granted to the carrying out of development on an archaeological site which has Aboriginal cultural heritage significance or a potential archaeological site that is reasonably likely to have Aboriginal cultural heritage significance only if:

(a)  the consent authority has considered a heritage impact statement of how the proposed development would affect the conservation of the site and any relic known or reasonably likely to be located on the site prepared in accordance with any guidelines 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)  Consent may be granted to the carrying out of development on any other archaeological site or a potential archaeological site only if:

(a)  the consent authority has considered a heritage impact statement of how the proposed development would affect the conservation of the site and any relic known or likely to be located at the site, and

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

cl 80: Am 2008 (571), Sch 3.133 [4] [5].

81 Register of potential heritage items

(1)  The Council may list a building, work, tree or place it considers has some heritage significance as a potential heritage item in a register held by the Council.

(2)  Within 12 months after listing a potential heritage item, the Council is to make an assessment of the heritage significance of the item and, if it is satisfied that sufficient heritage significance is established, should take appropriate steps to include it in this plan as a heritage item.

(3)  The Council must remove a potential heritage item from the register 12 months after it has been listed. The building, work, tree or place concerned can not be listed again as a potential heritage item.

(4)  The Council must give public notice in a newspaper circulating in the locality and notify the owner of the land concerned of its intention to list a potential heritage item at least 7 days before it lists the item in the register.

(5)  The demolition of a potential heritage item while it is listed in the register is advertised development for the purposes of the Act.

(6)  This clause does not apply to potential archaeological sites and does not prevent the Council from preparing a draft local environmental plan to include a heritage item in Schedule 8, whether or not the item concerned is or has been a potential heritage item.

Part 13 Advertisements

82 Objectives for advertisements

The objectives for this Part are:

(a)  to ensure that advertisements which are visible from public places are consistent with the character of the locality and do not detract from the amenity of the City of Orange, and

(b)  to provide for minor or temporary advertisements which are likely to have minimal impact on the character of the City.

83 Types of advertisements

(1)  For the purposes of this plan, advertisements may take the following forms:

Above awning sign	an advertisement attached to and projecting above the roof of an awning
Fascia sign	an advertisement attached to the fascia or return of an awning
Flush wall sign	an advertisement on a wall which does not project more than 300 millimetres from that wall
Pole, pylon or free standing sign	a freestanding advertisement which may be erected on one or more poles or pylons
Projecting wall sign	an advertisement on a wall which projects more than 300 millimetres from that wall
Real estate sign	an advertisement that only contains a notice that the place or premises to which it is fixed is or are for sale or letting (together with particulars of the sale or letting) and which is removed within 14 days after the letting or completion of the sale
Temporary sign	an advertisement of a temporary nature that: •  announces any local event of a religious, educational, cultural, political, social or recreational character or relates to any temporary matter in connection with such an event, and •  does not include advertising of a commercial nature except the name of an event’s sponsor
Under awning sign	an advertisement affixed to the underside of an awning
Window sign	an advertisement painted on a window or affixed to the inside of a window

(2)  For the purposes of this plan, a business identification sign comprises an advertisement in a form described in subclause (1) that displays any or all of the following information relating to the place or premises to which it is fixed:

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

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

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

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

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

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

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

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

84 Advertisements requiring consent

Development for the purpose of advertisements, including the erection of structures for the purpose of displaying advertisements, may be carried out on land to which this plan applies only with consent unless otherwise indicated in this plan, and only if the consent authority is satisfied that the advertisement will not interfere with the character and amenity of the locality.

85 Advertisements in high profile areas

Development for the purpose of advertisements that are visible from an arterial road may be carried out on land within Zone 1 (a), 1 (c), 2 (a), 2 (b), 2 (v), 6 or 7 only if they comprise business identification signs or public information signs.

Part 14 Definitions

86 Meanings of terms used to describe development

In this plan:

Abattoir means a building or place used for the slaughter of animals or for the processing of animal bodies or by-products, and includes a knackery.

Advertisement means the display of symbols, messages or other devices for promotional purposes or for conveying information, instructions, directions or the like, whether or not the display includes the erection of a structure or carrying out of a work.

Agribusiness means the use of land associated with food and fibre industries, including research and development, production, processing, marketing, promotion, distribution and associated service industries.

Agriculture means:

(a)  the cultivation of pasture or crops, including cereals, fruit and vegetables and flowers, or

(b)  the keeping or breeding of livestock, bees, poultry or other birds,

or a combination of all or some of them, for commercial purposes, but does not include the use of animal establishments, or intensive horticulture or intensive livestock industry.

Aircraft facility means a place used for the taking off and landing of aircraft, whether or not it includes:

(a)  a terminal building, or

(b)  facilities for the parking, storage, refuelling, maintenance or repair of aircraft.

Animal establishment means a building or place used for the breeding, boarding, training or keeping of, or caring for, animals for commercial purposes. It may consist of or include a riding school, horse training facility, cattery or kennels, but not a building or place used for an intensive livestock industry.

Bed and breakfast accommodation means a dwelling where the permanent residents of the dwelling or another dwelling on the same land provide short term accommodation, which may include meals, for paying guests.

Boarding house means a building or place where accommodation, meals and laundry services are provided to long-stay residents of the building or place but does not include a building or place elsewhere specifically defined in this plan.

Brothel means premises habitually used for the purpose of prostitution, whether or not by only one prostitute.

Bulk retail means a building or place used for the sale by retail or auction, or the hire or display, of goods, excluding clothing or food, which require:

(a)  a large area for handling, storage or display, and

(b)  convenient and direct vehicular access designed to enable the goods to be collected by customers after sale.

Bush fire hazard reduction means a reduction or modification (by controlled burning or by mechanical, chemical or manual means) of material that constitutes a bush fire hazard.

Business premises means a building or place in which there is carried on an occupation, profession, service, or trade which provides a service directly and regularly to the public, but does not include a building or place elsewhere specifically defined in this plan.

Caravan park means land (including a camping ground) on which caravans (or tents, holiday cabins and other moveable dwellings) are, or are to be, placed or erected.

Car park means a building or place used for parking vehicles, and any manoeuvring space and access to it, whether operated for gain or not.

Child care centre means a building or place which is used (whether or not for profit) for the purpose of educating, minding or caring primarily for pre-school children (whether or not any of the children are related to the owner or operator).

Communications facility means a building, structure, work or place used primarily for transmitting or receiving signals for the purpose of communications, including radio masts, transmission towers, satellite discs and the like.

Community facility means a building or place used by a public authority, an organisation or group of persons for the physical, social, cultural, or intellectual development or welfare of the local community, but does not include a building or place elsewhere specifically defined in this plan.

Convenience store means a shop selling a variety of small grocery goods, whether or not goods are also available for hire there, or other associated services are provided there for the convenience of customers.

Dam means all works associated with artificial waterbodies, including stormwater retention basins, including filling and an excavation, involved in the permanent or temporary storage of water on land which alters the shape, natural form or drainage of land.

Depot means a building or place used for the storage (but not sale) of plant, machinery, goods or materials used or intended to be used by the owner or occupier of the building or place, but does not include a building or place elsewhere specifically defined in this plan.

Dual occupancy means two dwellings (whether attached or detached) on a single allotment or portion of land whether or not the dwellings are subsequently subdivided when the development resulting in the two dwellings has been carried out.

Dwelling means a room or 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 dwelling (whether attached to another dwelling or not) which is the only dwelling erected on an allotment of land.

Educational establishment means a building or place principally used for education and training and includes:

(a)  a school, and

(b)  a tertiary institution, including a university or TAFE college, providing formal education which is constituted by or under an Act, and

(c)  adult or community education, and

(d)  training facilities, and

(e)  a museum,

whether or not accommodation for staff or students is provided there and whether or not it is used for the purpose of gain.

Energy generation means a building or place used for the purpose of making or generating gas, electricity or other forms of energy, and which may include wind, hydro or solar power generation.

Entertainment establishment means a building or place used for the purpose of major sport events, entertainment or exhibitions and includes:

(a)  theatres, cinemas, exhibition centres, art galleries, amusement centres, fun parks, convention centres, music halls, or concert halls, and

(b)  sports stadiums, showgrounds, racecourses and motor race tracks, and open areas for concerts, exhibitions, displays and the like.

Exhibition home means a dwelling built for the purposes of display and marketing and which may include an office for sales or home financing, and a materials display, which is intended to be sold as a private dwelling after it has been used for those purposes.

Extractive industry means:

(a)  winning extractive material (including sand, gravel, turf, soil, rock, stone or similar substances), or

(b)  an undertaking, not being a mine, which depends for its operation on the winning of extractive material from the land on which it is carried out,

and includes an associated industry for the purposes of processing of the extractive material such as washing, crushing, grinding, milling, separating into different sizes or grades of that extractive material on that land.

Fast food outlet means a building or place used for serving take away food, whether or not food is also consumed on the premises, which requires car parking and facilities for the convenience of motorists, and which may include a drive-through service.

Forestry includes arboriculture, silviculture and harvesting of trees and shrubs for the purpose of:

(a)  afforestation, forest protection and management, the cutting, dressing and preparing (otherwise than in a sawmill) of wood and associated forest products, or

(b)  establishing roads necessary for the removal of wood and for forest protection.

Group home means a dwelling used to provide accommodation for disabled or socially disadvantaged persons in the form of a single household.

Guest house means a dwelling house used to provide accommodation and meals for paying guests and which may include a restaurant for use by guests and the public.

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

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

(b)  to the biophysical environment.

Health consulting rooms means a room or a number of rooms in a building used to provide professional medical treatment or health care services to members of the public.

Helicopter landing site means a place not open to the public used for the taking off and landing of helicopters.

Heliport means a place open to the public used for the taking off and landing of helicopters, whether or not it includes:

(a)  a terminal building, or

(b)  facilities for the parking, storage or repair of helicopters.

Holiday accommodation means accommodation for tourists, visitors or travellers in a building or buildings and which includes one or more support facilities or services such as restaurants, conference facilities, recreation areas and facilities, and entertainment establishments, but does not include a building or place elsewhere specifically defined in this plan.

Home-based child care service means any service, provided at the premises where the person providing the service resides, for the purpose of educating, minding or caring for up to 7 children (including any children who are related to the person providing the service), but only if:

(a)  the children (other than those related to the person providing the service) do not reside at the premises, and

(b)  the service is licensed within the meaning of the Family Day Care and Home Based Child Care Services Regulation 1996.

Home business means the use of a dwelling, an outbuilding or the land within the curtilage of a dwelling, for the purpose of an office, light industry, trade, business or occupation, but only if:

(a)  that use is undertaken by the permanent residents of the dwelling, whether or not others are employed, and

(b)  the use does not interfere unreasonably in any way with the amenity of adjoining properties or the locality in which the dwelling is situated, and

(c)  the use does not involve public display or retail sale of any goods from the premises, and

(d)  the use does not involve a brothel (except in a zone where a brothel may be carried out with consent).

Hospital means a building or place used for the purpose of providing professional health care services (such as preventative or rehabilitative care, diagnosis, medical or surgical treatment, care for people with disabilities, psychiatric care or counselling and services provided by health care professionals) to people who are admitted as in-patients (whether or not out-patient services are also provided), including any:

(a)  ancillary facilities for the accommodation of nurses or other health care workers, ancillary shops or restaurants 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,

and includes a building or place that is used exclusively as a day surgery or day procedure centre.

Hotel means a building or place which is licensed for the principal purpose of selling alcohol for consumption on the premises, whether or not accommodation, restaurants or off-licence sales are also provided.

Housing for aged or disabled persons means residential accommodation that may take any building form, 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, articles, materials, liquids or gases for commercial purposes, but does not include a purpose elsewhere specifically defined in this plan.

Institution means a building or place used as a penal or remand centre, or reformative facility.

Intensive horticulture means a building or place used for the artificial propagation or growing of plants, other than orchards or vineyards using traditional agricultural practices, including:

(a)  hydroponics, or

(b)  indoor plant growing including crops, ornamental trees or shrubs, flowers, fruit, nuts or vegetables.

Intensive livestock industry means use of a building or place for the keeping or breeding of livestock or poultry or other birds, which are fed wholly or substantially on prepared or manufactured feed, for commercial purposes, and which may include:

(a)  cattle feed lots,

(b)  aquaculture,

(c)  piggeries,

(d)  poultry farms, and

(e)  worm farms.

but excludes use of a building or place only for drought or similar emergency relief.

Land shaping means all works or activities involved in the placement of fill on land, or an excavation of land, for the purpose of altering the shape, natural form or drainage of land, but which does not result in a dam.

Light industry means an industry in which the processes carried on, or the transportation involved or the machinery or materials used, do not interfere unreasonably with the amenity of the neighbourhood.

Materials recycling facility means a building or place used for collecting, dismantling, storing, or recycling of second-hand or scrap materials for the purpose of resale or reuse.

Mine means the obtaining, by any mode or method, of minerals, metals, petroleum or natural gas and includes the storage, treatment and processing of the material obtained.

Motel means a building or buildings used for overnight or short term accommodation of travellers and their vehicles whether or not meals are also provided to those travellers or the general public but excludes a building or place elsewhere specifically defined in this plan.

Motor showroom means a building or place used for the display or sale of motor vehicles, caravans, agricultural or mining plant and equipment, or boats, whether or not accessories are also sold or displayed there.

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

Offensive storage facility 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 measures to isolate the establishment from existing or likely future development on other land in the locality), would emit a polluting discharge (including noise) in a manner which would have a significant adverse impact in the locality or on the existing or likely future development on other land in the locality.

Office means a building or place used for the purpose of administration, clerical, technical, professional or like activities, where dealings with members of the public are not on a direct and regular basis or otherwise than by appointment, but excludes a building or place elsewhere defined in this plan.

Passenger transport terminal means any building or place used for the assembly and dispersal of passengers travelling by any form of transport, including any facilities required for parking, manoeuvring, storing or routine servicing of any vehicle forming part of that undertaking.

Place of worship means a building or place used for the purpose of religious worship, whether or not the building or place is also used for counselling, social events or religious training by a congregation or religious group.

Plant hire means a building or place used to hire out tools, plant and equipment used by industry, builders and “do-it-yourselfers” and for the service and maintenance of the tools, plant and equipment.

Plant nursery means a building or place used for selling plants, whether or not plants are grown or propagated on the premises, or landscape supplies or other landscape and horticultural products are also sold there.

Public building means a building or place used as an office or for administrative or business purposes by or on behalf of a public authority or an organisation established for public purposes.

Recreation area means:

(a)  a children’s playground, or

(b)  an area used for sporting activities or facilities, or

(c)  an area provided by or on behalf of the Council for recreational facilities for the community, or

(d)  an area used by a body of persons associated for the purpose of the physical, cultural or intellectual welfare of the community to provide recreational facilities for that purpose and which may include associated club facilities,

but does not include entertainment facilities, racecourses, registered clubs and showgrounds.

Recreation facility means a building or an enclosed area provided for community sport, recreation or leisure activities by the community, whether or not operated for the purpose of gain, and may include:

(a)  a swimming pool, golf course, tennis courts, squash courts, basketball courts, bowling green, bowling alley, gymnasiums, skating rinks and the like, and

(b)  a paint ball park, gun or archery club.

Registered club means a building or place which is used by persons associated, or by a body incorporated, for social, literary, political, sporting, athletic or other lawful purposes and which is, or is intended to be, registered under the Registered Clubs Act 1976.

Research facility means a building or place used for the design, testing, research or development associated with mining, agriculture, industrial goods, or commercial products.

Residential units means three or more dwellings (which may be attached or detached) on a single allotment of land, whether or not the allotment is to be subdivided.

Restaurant means a building or place, the principal purpose of which is the provision of food to people for consumption on the premises, whether or not take-away meals are also provided and includes a café, tea rooms, coffee shop and the like.

Road means a public thoroughfare used for the passage of vehicles or animals.

Road transport terminal means a building or place used for the bulk handling of goods for transport by motor vehicle and includes a building or place used for the loading and unloading of containers.

Rural industry means a business undertaking involving:

(a)  the handling, treating, processing or packing of primary products, or

(b)  regular servicing or repairing of plant or equipment used for the purpose of agriculture or a business referred to in paragraph (a).

Sawmill means a mill used for handling, cutting and processing timber from forestry operations.

Serviced apartment means a dwelling which is cleaned and otherwise serviced or maintained on a regular basis by a non-resident owner or manager of the building or an agent.

Service station means a building or place used for the fuelling of vehicles and retail sale 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)  the cleaning of motor vehicles,

(c)  installation of accessories,

(d)  inspecting, repairing and servicing of motor vehicles (other than body building, panel beating or spray painting),

(e)  vehicle and trailer hire,

(f)  the retail selling or hiring of small consumer goods.

Shop means a building or place used for selling items, whether by retail or auction, or for hiring or displaying items for the purpose of selling or hiring, but does not include a building or place specifically defined elsewhere in this plan.

Soil conservation works means works undertaken specifically to protect land and water resources from erosion or sedimentation.

Stock selling centre means a building or place used for the purpose of offering livestock or poultry for sale.

Technology centre means a building or place used for telecommunications or information technology operations including call centres, Internet service providers, and the like.

Transport depot means a building or place used for the parking or storage of motor vehicles used in connection with a passenger transport undertaking, business, industry or shop.

Utility installation means a building or work used for a utility undertaking.

Utility undertaking means any undertaking carried on for the purpose of:

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

(b)  the provision of sewerage or drainage services, or

(c)  the supply of water, hydraulic power, electricity or gas, or

(d)  telecommunications.

Vehicle repair station means a building or place used for the purpose of carrying out repairs, body building, panel beating or spray painting, or selling and fitting of accessories to vehicles or agricultural or mining machinery.

Veterinary clinic means a building or place used for diagnosing or surgically or medically treating animals, whether or not animals are also kept on the premises.

Warehouse means a building or place used for storing, handling or displaying items (whether goods or materials) for distribution to other premises for retail sale or for use in agriculture, business or industries.

Waste management facility means a building or place used to dispose of, store, sort or treat waste by any method and which may include a station used for the temporary storage of waste for transfer to another site for final disposal, permanent storage, reprocessing, recycling, use or reuse.

87 General terms

In this plan:

Alter in relation to a heritage item, or a building or work within a heritage conservation area, means to:

(a)  make structural changes to the outside of the heritage item, building, work or relic, or

(b)  make non-structural changes to the detail, fabric, finish or appearance of the outside of the heritage item, building or work,

but not changes resulting from the partial alteration or maintenance of the existing detail, fabric, finish or appearance of the outside of the heritage item which are of a minor nature and do not adversely affect the heritage significance of the heritage item, building or work.

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

Arterial road means:

(a)  a road declared to be a main road or State highway under the Roads Act 1993, or

(b)  a road shown on the map as being within Zone 5 (b), or

(c)  a road shown on the map as a restricted access road.

Contaminated land means land which contains soil that has in it a concentration of chemical substances (including substances listed in the Australian Dangerous Goods Code) that is likely to pose an immediate or long term hazard to human health or the environment by making the land:

(a)  unsafe or unfit for habitation or occupation by people or animals, or

(b)  degraded in its capacity to support plant life, or

(c)  otherwise environmentally degraded.

Conservation management plan means a document prepared in accordance with the provisions of the NSW Heritage Manual current at the time, which establishes the heritage significance of the item, place or heritage conservation area and identifies conservation policies and management mechanisms that are appropriate to enable that significance to be retained.

Council means the Council of the City of Orange.

DCP 2004 means Orange Development Control Plan 2004, as adopted by the Council on 7 June 2007.

Demolish a heritage item or a building, work, relic, tree or place within a heritage conservation area means wholly or partly destroy, dismantle, pull down, damage or remove the heritage item, building, work, relic, tree or place.

Existing holding means:

(a)  an allotment, portion or parcel as it was on 24 January 1964, or

(b)  where 2 or more adjoining or adjacent allotments, portions or parcels of land were held in the same ownership at that date, the aggregation of those allotments, portions or parcels as they were on 24 January 1964.

Floor means that 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.

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 as measured at a height of 1,400 millimetres above each floor level, 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, ancillary storage space and air-conditioning ducts, and

(c)  car parking needed to meet any requirements of the Council and any internal designated vehicular or pedestrian access to it, and

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

Ground level means the level of a site as if no development has taken place other than any filling of the site to meet a requirement of the Council.

Height, in relation to a building, unless otherwise stated in the plan, means the vertical distance measured between ground level at any point at which the building is sited, and the ceiling of the topmost floor of the building above that point.

Heritage conservation area means an area identified on the map as a heritage conservation area.

Heritage item means a building, work, relic, tree or place specified in Schedule 8.

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

Heritage Study Inventory Sheet means a numbered entry in Volume 2 of the Orange Heritage Study held in the office of the Council.

Map means a map deposited in the office of the Council.

Orange Heritage Study means the report with that title in two volumes prepared in 1986 by Hughes Trueman Ludlow, subject to subsequent revision as adopted by Council resolution, held in the office of the Council.

Public sewerage facilities means works managed by or on behalf of the Council for sewering the urban area of Orange and the villages of Lucknow and Spring Hill.

Relic means any deposit, object or material evidence relating to:

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

(b)  Aboriginal habitation of that area, before or after its occupation by persons of European extraction, including human remains.

Site area in relation to development, means the area of land to which an application for consent to carry out the development relates, exclusive of any land on which the development is not permitted by this plan.

The Act means the Environmental Planning and Assessment Act 1979.

The City means the City of Orange.

The Map means the series of maps marked “Orange Local Environmental Plan 1999”, as amended by the maps (or specified sheets of the maps) marked as follows:

Editorial note—

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

Orange Local Environmental Plan 2000 (Amendment No 1), Sheets 1–4

Orange Local Environmental Plan 2000 (Amendment No 2)

Orange Local Environmental Plan 2000 (Amendment No 3)—Sheets 1–4

Orange Local Environmental Plan 2000 (Amendment No 4)

Orange Local Environmental Plan 2000 (Amendment No 5)

Orange Local Environmental Plan 2000 (Amendment No 6)—Sheet 2

Vacant land where used in relation to the erection of dwelling houses means land that does not already contain a habitable dwelling house.

Waste means any matter or thing whether solid, gaseous, or liquid or a combination of solids, gases or liquids that is discarded or is refuse from processes or uses (such as domestic, medical, industrial, mining, agricultural or commercial processes or uses).

Water supply catchment means the catchment area prescribed by the responsible water supply authority in association with a public water supply.

Waterbody means:

(a)  a natural waterbody, including a river or stream, whether perennial or intermittent, flowing in a natural channel with an established bed or in a natural channel artificially modifying the course of the river or stream, or

(b)  an artificial water body, including any constructed waterway, canal, inlet, bay, channel, dam, pond or lake,

but does not include a dry detention basin or other construction that is only intended to hold water intermittently.

cl 87: Am 22.11.2002; 19.9.2003; 2005 (721), cl 4; 2006 (69), Sch 1 [3]; 2007 (586), Sch 1 [8] [9]; 2009 (411), Sch 1 [3].

Part 15 Bloomfield site

Division 1 Preliminary

pt 15, div 1: Ins 2010 (631), Sch 1.4.

88 Application of Part

(1)  This Part applies to the land identified on the Land Application Map, referred to in this Part as the Bloomfield site.

(2)  No other provision of this plan (except clause 5) applies to the land to which this Part applies.

pt 15, div 2 (cll 88–107): Ins 2010 (631), Sch 1.4.

89 Interpretation

(1)  In this Part:

Floor Space Ratio Map means the Orange Local Environmental Plan 2000—Bloomfield site—Floor Space Ratio Map.

Height of Buildings Map means the Orange Local Environmental Plan 2000—Bloomfield site—Height of Buildings Map.

Land Application Map means the Orange Local Environmental Plan 2000—Bloomfield site—Land Application Map.

Land Zoning Map means the Orange Local Environmental Plan 2000—Bloomfield site—Land Zoning Map.

(2)  A word or expression used in this Part has the same meaning as it has in the standard instrument prescribed by the Standard Instrument (Local Environmental Plans) Order 2006 unless it is otherwise defined in this Part.

pt 15, div 2 (cll 88–107): Ins 2010 (631), Sch 1.4.

90 Maps

(1)  A reference in this Part to a named map adopted by this Part is a reference to a map by that name:

(a)  approved by the Minister when the map is adopted, and

(b)  as amended or replaced from time to time by maps declared by environmental planning instruments to amend or replace that map, and approved by the Minister when the instruments are made.

(2)  Any 2 or more named maps may be combined into a single map. In that case, a reference in this Part to any such named map is a reference to the relevant part or aspect of the single map.

(3)  Any such maps are to be kept and made available for public access in accordance with arrangements approved by the Minister.

(4)  For the purposes of this Part, a map may be in, and may be kept and made available in, electronic or paper form, or both.

pt 15, div 2 (cll 88–107): Ins 2010 (631), Sch 1.4.

91 Relationship with other environmental planning instruments

The only environmental planning instruments that apply, according to their terms, to land within the Bloomfield site are this Part and all State environmental planning policies, except State Environmental Planning Policy No 1—Development Standards.

pt 15, div 2 (cll 88–107): Ins 2010 (631), Sch 1.4.

Division 2 Provisions relating to development in Bloomfield site

pt 15, div 2 (cll 88–107): Ins 2010 (631), Sch 1.4.

92 Land use zones

For the purposes of this Part, land within the Bloomfield site is in a zone as follows if the land is shown on the Land Zoning Map as being in that zone:

(a)  Zone R2 Low Density Residential,

(b)  Zone B4 Mixed Use,

(c)  Zone SP2 Infrastructure.

pt 15, div 2 (cll 88–107): Ins 2010 (631), Sch 1.4.

93 Objectives of land use zones to be taken into account

The consent authority must have regard to the objectives for development in a zone when determining a development application in respect of land in the zone.

pt 15, div 2 (cll 88–107): Ins 2010 (631), Sch 1.4.

94 Zone R2 Low Density Residential

(1)  The objectives of Zone R2 Low Density Residential are as follows:

(a)  to provide for the housing needs of the community in a low density residential environment,

(b)  to enable other land uses that provide facilities or services to meet the day to day needs of residents.

(2)  Development for any of the following purposes is permitted without consent on land within Zone R2 Low Density Residential:

environmental protection works; home occupations.

(3)  Development for any of the following purposes is permitted only with development consent on land within Zone R2 Low Density Residential:

attached dwellings; dwelling houses; exhibition villages; group homes; recreation facilities (outdoor); roads; semi-detached dwellings; seniors housing.

(4)  Except as otherwise provided by this Part, development is prohibited on land within Zone R2 Low Density Residential unless it is permitted by subclause (2) or (3).

pt 15, div 2 (cll 88–107): Ins 2010 (631), Sch 1.4.

95 Zone B4 Mixed Use

(1)  The objectives of Zone B4 Mixed Use are as follows:

(a)  to provide a mixture of compatible land uses,

(b)  to integrate suitable business, office, residential, retail and other development in accessible locations so as to maximise public transport patronage and encourage walking and cycling.

(2)  Development for any of the following purposes is permitted without consent on land in Zone B4 Mixed Use:

nil.

(3)  Development for any of the following purposes is permitted only with development consent on land in Zone B4 Mixed Use:

attached dwellings; boarding houses; business premises; child care centres; community facilities; dwelling houses; educational establishments; entertainment facilities; function centres; hotel or motel accommodation; information and education facilities; multi dwelling housing; office premises; passenger transport facilities; recreation facilities (indoor); registered clubs; retail premises; roads; shop top housing.

(4)  Except as otherwise provided by this Part, development is prohibited on land in Zone B4 Mixed Use unless it is permitted by subclause (2) or (3).

pt 15, div 2 (cll 88–107): Ins 2010 (631), Sch 1.4.

96 Zone SP2 Infrastructure

(1)  The objectives of Zone SP2 Infrastructure are as follows:

(a)  to provide for infrastructure and related uses,

(b)  to prevent development that is not compatible with or that may detract from the provision of infrastructure.

(2)  Development for any of the following purposes is permitted without consent on land in Zone SP2 Infrastructure:

roads.

(3)  Development for any of the following purposes is permitted only with development consent on land in Zone SP2 Infrastructure:

the purpose shown on the Land Zoning Map including any development that is ordinarily incidental or ancillary to development for that purpose.

(4)  Except as otherwise provided by this Part, development is prohibited on land within Zone SP2 Infrastructure unless it is permitted by subclause (2) or (3).

pt 15, div 2 (cll 88–107): Ins 2010 (631), Sch 1.4.

97 Subdivision—consent requirements

(1)  Land in the Bloomfield site may be subdivided, but only with development consent.

(2)  However, development consent is not required for a subdivision for the purpose only of any one or more of the following:

(a)  widening a public road,

(b)  making an adjustment to a boundary between lots, being an adjustment that does not involve the creation of a greater number of lots,

(c)  a minor realignment of boundaries that does not create additional lots or the opportunity for additional buildings,

(d)  a consolidation of lots that does not create additional lots or the opportunity for additional buildings,

(e)  rectifying an encroachment on a lot,

(f)  creating a public reserve,

(g)  excising from a lot land that is, or is intended to be, used for public purposes, including drainage purposes, rural fire brigade or other emergency service purposes or public toilets.

pt 15, div 2 (cll 88–107): Ins 2010 (631), Sch 1.4.

98 Minimum subdivision lot size

(1)  The objectives of this clause are as follows:

(a)  to provide a minimum lot size for the subdivision of land,

(b)  to ensure that lot sizes are able to accommodate appropriate development and are consistent with relevant development controls for the subdivision of land,

(c)  to minimise any likely impact of subdivision and development on the amenity of neighbouring properties.

(2)  This clause applies to a subdivision of any land within the Bloomfield site that requires development consent and that is carried out after the commencement of this Part.

(3)  The size of any lot resulting from a subdivision of land to which this clause applies is not to be less than 450 square metres.

(4)  This clause does not apply in relation to the subdivision of individual lots in a strata plan or community title scheme.

pt 15, div 2 (cll 88–107): Ins 2010 (631), Sch 1.4.

99 Height of buildings

(1)  The objectives of this clause are as follows:

(a)  to establish a maximum height limit in which buildings can be designed,

(b)  to ensure the height of buildings complements the streetscape and character of the area in which the buildings are located,

(c)  to ensure the height of buildings protects the amenity of neighbouring properties in terms of visual bulk, access to sunlight, privacy and views.

(2)  The height of a building on land within the Bloomfield site is not to exceed the maximum height shown for the land on the Height of Buildings Map.

pt 15, div 2 (cll 88–107): Ins 2010 (631), Sch 1.4.

100 Floor space ratio

(1)  The objectives of this clause are as follows:

(a)  to control building density and bulk in relation to sites in order to achieve the desired future character of the area in which buildings are located,

(b)  to establish standards for the maximum development density and intensity of land use, taking into account the availability of infrastructure and the generation of vehicle and pedestrian traffic,

(c)  to minimise adverse environmental effects on the use or enjoyment of adjoining properties.

(2)  The maximum floor space ratio for a building on any land is not to exceed the floor space ratio shown for the land on the Floor Space Ratio Map.

pt 15, div 2 (cll 88–107): Ins 2010 (631), Sch 1.4.

101 Retail premises in Zone B4 Mixed Use

(1)  The objectives of this clause are as follows:

(a)  to provide opportunities for retailing within Zone B4 Mixed Use that will not adversely affect the economic sustainability of Orange CBD,

(b)  to set a maximum retail floor space for development in Area 2 shown on the Floor Space Ratio Map,

(c)  to prohibit retail premises in Area 1 shown on the Floor Space Ratio Map.

(2)  Despite clauses 95 and 100:

(a)  retail floor space for all development on land within Zone B4 Mixed Use and in Area 2 shown on the Floor Space Ratio Map must not exceed 1,500 square metres, and

(b)  development for retail premises is prohibited on land within Zone B4 Mixed Use and in Area 1 shown on the Floor Space Ratio Map.

pt 15, div 2 (cll 88–107): Ins 2010 (631), Sch 1.4.

102 Exceptions to development standards

(1)  The objectives of this clause are:

(a)  to provide an appropriate degree of flexibility in applying certain development standards to particular development, and

(b)  to achieve better outcomes for and from development by allowing flexibility in particular circumstances.

(2)  Consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by this Part or any other environmental planning instrument. However, this clause does not apply to a development standard that is expressly excluded from the operation of this clause.

(3)  Consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating:

(a)  that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and

(b)  that there are sufficient environmental planning grounds to justify contravening the development standard.

(4)  Consent must not be granted for development that contravenes a development standard unless:

(a)  the consent authority is satisfied that:

(i)  the applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3), and

(ii)  the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out, and

(b)  the concurrence of the Director-General has been obtained.

(5)  In deciding whether to grant concurrence, the Director-General must consider:

(a)  whether contravention of the development standard raises any matter of significance for State or regional environmental planning, and

(b)  the public benefit of maintaining the development standard, and

(c)  any other matters required to be taken into consideration by the Director-General before granting concurrence.

(6)  After determining a development application made pursuant to this clause, the consent authority must keep a record of its assessment of the factors required to be addressed in the applicant’s written request referred to in subclause (3).

(7)  This clause does not allow consent to be granted for development that would contravene a development standard that arises, under the regulations under the Act, in connection with a commitment set out in a BASIX certificate for a building to which State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 applies or for the land on which such a building is situated.

pt 15, div 2 (cll 88–107): Ins 2010 (631), Sch 1.4.

103 Public utility infrastructure

(1)  Development consent must not be granted for development on land within the Bloomfield site unless the consent authority is satisfied that any public utility infrastructure that is essential for the proposed development is available or that adequate arrangements have been made to make that infrastructure available when it is required.

(2)  In this clause, public utility infrastructure includes infrastructure for any of the following:

(a)  the supply of water,

(b)  the supply of electricity,

(c)  the disposal and management of sewage.

(3)  This clause does not apply to development for the purpose of providing, extending, augmenting, maintaining or repairing any public utility infrastructure.

pt 15, div 2 (cll 88–107): Ins 2010 (631), Sch 1.4.

104 Infrastructure development and use of existing buildings of the Crown

(1)  This Part does not restrict or prohibit, or enable the restriction or prohibition of, the carrying out of any development, by or on behalf of a public authority, that is permitted to be carried out with or without consent, or that is exempt development, under State Environmental Planning Policy (Infrastructure) 2007.

(2)  This Part does not restrict or prohibit, or enable the restriction or prohibition of, the use of existing buildings of the Crown by the Crown.

pt 15, div 2 (cll 88–107): Ins 2010 (631), Sch 1.4.

105 Bush fire hazard reduction

Bush fire hazard reduction work authorised by the Rural Fires Act 1997 may be carried out on any land without consent.

Note—

The Rural Fires Act 1997 also makes provision relating to the carrying out of development on bush fire prone land.

pt 15, div 2 (cll 88–107): Ins 2010 (631), Sch 1.4.

106 Suspension of covenants, agreements and instruments

(1)  For the purpose of enabling development on land within the Bloomfield site to be carried out in accordance with this plan or with a development consent granted under the Act, any agreement, covenant or other similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose.

(2)  This clause does not apply:

(a)  to a covenant imposed by the Council or that the Council requires to be imposed, or

(b)  to any prescribed instrument within the meaning of section 183A of the Crown Lands Act 1989, or

(c)  to any conservation agreement within the meaning of the National Parks and Wildlife Act 1974, or

(d)  to any Trust agreement within the meaning of the Nature Conservation Trust Act 2001, or

(e)  to any property vegetation plan within the meaning of the Native Vegetation Act 2003, or

(f)  to any biobanking agreement within the meaning of Part 7A of the Threatened Species Conservation Act 1995, or

(g)  to any planning agreement within the meaning of Division 6 of Part 4 of the Act.

(3)  This clause does not affect the rights or interests of any public authority under any registered instrument.

(4)  Under section 28 of the Act, the Governor, before the making of this clause, approved of subclauses (1)–(3).

pt 15, div 2 (cll 88–107): Ins 2010 (631), Sch 1.4.

107 Savings provision relating to pending applications

A development application that has been made but not finally determined before the commencement of this Part must be determined as if State Environmental Planning Policy (Major Development) Amendment (Transfer of Planning Controls) 2010 had not commenced.

pt 15, div 2 (cll 88–107): Ins 2010 (631), Sch 1.4.

Schedule 1 Additional uses

(Clause 10)

Ref	Address	Property Description	Development
1	2–6 and 26–32 Forbes Rd, Calare	Cnr Lot 1 and Lot 2 DP 455129, Lot 2 DP 655379, Lots 110 and 111 DP 801384	Development for the purpose of a motor showroom
2	68 Nile Street, Bowen	Lot 1 DP 730599	Development for the purpose of an administration centre and meeting room for community organisation
3	Phoenix Mine Road, Lucknow	Spl cnr lot 28 DP 777373	Subdivision to create 2 lots with a minimum area of 7,100 square metres
4	119 Molong Road, Calare	Proposed lot 190 in resubdivision of lot 90 DP 817052	Development for the purpose of business premises—food catering
5	Ophir Road, Clifton Grove	Lot 1 DP 944229	Subdivision into 2 lots, each with an area of at least 2 hectares and erection of a single dwelling house on each lot created
6	Cargo Road, Calare	Lot 2 DP 539039	Erection of a dwelling house
7	Lysterfield Road, Canobolas	Lots 1 and 2 DP 456785	Erection of one dwelling house on the land comprising lots 1 and 2 as a single holding
8	Cargo Road, Calare	Lot 6 DP 229896	Subdivision to create lots with an average area of not less than 2 hectares, and erection of a single dwelling house on each lot created, subject to all of the land within the lots created draining towards Ploughmans Creek
9	Cadia Road, Springside	Lot 3 DP 571764	Erection of a dwelling house
10	8 Forbes Road, Orange	Pt Lot 3 DP 655804	Development for the purpose of a motor showroom
11	22 and 24 Forbes Road, and 27 Molong Road, Orange	Lots 8 and 9 DP 13996, Lot 1 DP 375760, Lot A DP 383920	Development for the purposes of a motor showroom and carparks
12	Shepherd Road, Spring Creek	Lot 25 DP 986204	Development for the purpose of a dwelling ancillary to an existing intensive plant nursery and orchard
13	108–110 Bathurst Road, Orange	Lot 2 DP 152541	Development for the purpose of an office
14	95 Prince Street, Orange	Lot 1 DP 105223	Development for the purpose of an office
15	Leeds Parade, Orange	Lot 121 DP 712215	Development for the purpose of bulk retail, subject to the condition that the site is provided with vehicular access from Leeds Parade
16	48 Peisley Street, Orange	Lot 1 DP 591927	Development for the purpose of a liquor store
17	168–200 Lone Pine Avenue, Orange	Lot 4 DP 270204	Development for the purpose of a discount variety store, being a building or place used for the sale by retail or auction, or the hire or display of a wide range of discounted general merchandise, subject to the following conditions: (a)  the maximum area of the store does not exceed 3,200m2, (b)  the area set aside for the sale of clothing and footwear does not exceed 95m2, (c)  the area set aside for the sale of food and groceries does not exceed 250m2, (d)  convenient and direct vehicular access to the store is provided, being access that is designed to enable the goods to be collected by customers after sale.
18	Leeds Parade, Orange	So much of Pt Lot 62 DP 790515 as is within Zone 1 (a) and shown edged heavy black and marked “University Student Accommodation” on Sheet 1 of the map marked “Orange Local Environmental Plan 2000 (Amendment No 6)”	Development for the purposes of university student accommodation
19	179–181 Byng Street, Orange	Lot 21 DP 1045603	Development for the purposes of offices
20	9 Telopea Way, Orange	Part Lot 70 DP 851029, as shown edged heavy black on the map marked “Orange Local Environmental Plan 2000 (Amendment No 8)”	Development for the purposes of a supermarket and specialty shops, subject to the following conditions: (a)  the gross floor area of the development does not exceed 4,700m2, (b)  the development includes only one supermarket, (c)  the gross floor area of the supermarket does not exceed 3,200m2, (d)  the combined gross floor area of the specialty shops does not exceed 1,500m2. In this item: supermarket means a self service shop selling food, groceries and other household goods such as alcohol, household cleaning products, medicine and clothes, and may include a café, delicatessen, bakery and butchery. specialty shop means a shop with a maximum floor area of 400m2.

sch 1: Am 19.9.2003; 2007 (586), Sch 1 [10]; 2009 (411), Sch 1 [4]; 2010 (80), cl 4; 2010 (198), Sch 1.

Schedule 2 Land classified as operational land

(Clause 11)

Part 1

Address	Use when reclassified	Property description
205A Anson Street/ 22 Sale Street, Orange	Anson–Sale Street Car Park including the Orange Cultural Centre building	Lot 21	DP 1001843
		Lot 1	DP 529131
		Lot 2	DP 216466
		Lot 13 Sec 8 DP 758817
		Lot 1	DP 581702
Kearneys Drive, Bletchington	Future distributor road land	Lot 52	DP 788488
Rear of 77 Kite Street, Orange being the land having a depth of 35.3 metres from the rear boundary of the land	Anson—Sale Street Car Park	Part of Lot 22 DP 788488
Rear of 79–81 Kite Street, Orange being the land having a depth of 35.5 metres from the rear boundary of the land	Anson—Sale Street Car Park	Part of Lot 50 DP 700122
85 Kite Street, Orange	Occasional Care	Pt Lots 1 and 2
		Sec 8	DP 758817
163 Kite Street/159 Lords Place, Orange	Ophir Car Park	Cnr Lot 1	DP 409517
		Lot 1	DP 444729
Little Summer Street, Orange	Little Summer Street Car Park	Lot 1	DP 71369
		Lot 1	DP 74457
		Lot 1	DP 995730
		Lot 1	DP 995731
Lysterfield Road, Canobolas	Future distributor road land	Lot 1	DP 827650
Lysterfield Road, Canobolas	Future distributor road land	Lot 1	DP 408518
29–39 McNamara Street/123 Kite Streets, Orange	McNamara Street Car Park	Lots 82–84	DP 851906
Land located between Dalton and McLachlan Streets, Bowen	Vacant land	So much of lot 119 DP 711976 as is within Zone 4
McNeilly Avenue	Orange Saleyards	Lot 102	DP 856902
2 Edward Street	Saleyards land	Lot 5	DP 252673
217 Peisley Street, Orange	Byng–Peisley Street Car Park	Lot 81	DP 847857
272 Peisley Street, Orange	Covered drainage channel	Lot B	DP 154971
Phillip Street, Narrambla	Phillip Street Quarry	Lot 1	DP 738478
122A Phillip Street, Bletchington	Drainage corridor	Lot 1	DP 438668
Pinnacle Road, Canobolas	Gravel storage and quarry	Lots 62 and 65 DP 750401
28 Prince Street, Orange	Services corridor	Lot 8	DP 16593
38 Sale Street and associated land off Sale Street, Orange	Car park	Pt Lot 2	DP 12353
		Pt Lot 2	DP 324519
		Lot 1	DP 321602
		Lot 8	DP 312845
		Lot 1	DP 312995
		Pt Lot 2	DP 317004
Spring Street, Spring Hill	Sewerage facilities	Lot 3	DP 809208
Spring Street, Spring Hill	Sewerage facilities	Lot 3	DP 806008
Rear of 11 Sampson Street	Vacant land	So much of Lot 7 DP 208120 as is within Zone 2 (a)

Part 2

Address	Use when reclassified	Property description
Bowyer Place, Orange	Residential	Part Lot 104 DP 818264—Orange Local Environmental Plan 2000 (Amendment No 1)
Burrendong Way, Orange	Residential	Part Lot 63 DP 706356—Orange Local Environmental Plan 2000 (Amendment No 1)
2–18 Eyles Street, Orange	Orange Function Centre	Lot 2 DP 507625, Lot 1 DP 995826, Lot 7 DP 995761, Lots 4, 8, 9, 10 and Part Lot 11 Sec 4D DP 979858—Orange Local Environmental Plan 2000 (Amendment No 1)
Ophir Road, Narrambla	Rural land	Lot 2 DP 738366, Lot 4 DP 778788—Orange Local Environmental Plan 2000 (Amendment No 1)
12582 Cargo Road	Residential	Lot 1 DP 214645
17 Leewood Drive	Industrial	Lot 16 DP 255071
52 Leewood Drive	Industrial	Part of Lot 31 DP 255071, as shown edged heavy black and lettered “Operational Land” on Sheet 4 of the map marked “Orange Local Environmental Plan 2000 (Amendment No 3)”
Land adjacent to Ploughman’s Creek	Distributor Road	Part of Lot 6 DP 786647, as shown edged heavy black and lettered “Operational Land” on Sheet 5 of the map marked “Orange Local Environmental Plan 2000 (Amendment No 3)”
Sundew Circuit	Residential	Part of Lot 26 DP 261231, as shown edged heavy black and lettered “Operational Land” on Sheet 1 of the map marked “Orange Local Environmental Plan 2000 (Amendment No 3)”

sch 2: Am 19.9.2003; 2006 (69), Sch 1 [4].

Schedule 3 (Repealed)

sch 3: Am 19.9.2003. Rep 2007 (586), Sch 1 [11].

Schedule 4 Development that does not require consent

(Clauses 21 and 24)

(1) Development by public authorities

Development by or on behalf of a public authority for the purpose of any of the following but does not involve the erection of a building with a height greater than 3 metres:

(a)  works for the purpose of utility undertakings for the provision of water, sewerage, drainage, electricity or gas services,

(b)  railways on railway land including buildings used for a railway purpose but excluding buildings used for purposes other than railway purposes,

(c)  road works by road authorities on public roads or land reserved for the purposes of public roads,

(d)  air transport undertakings on airport land,

(e)  forestry work by NSW State Forests on Crown land or land owned by NSW State Forests including afforestation, roads, soil conservation works, forest management practices, cutting and marketing of timber and other forestry purposes permitted under relevant Acts,

(f)  improving and maintaining travelling stock, camping and water reserves by a Rural Land Protection Board but which does not include the erection of buildings,

(g)  soil conservation works, afforestation, flood mitigation, water conservation or river improvement by, or on behalf of, the Department of Land and Water Conservation,

(h)  cemetery undertakings by, or on behalf of the Council on cemetery land,

(i)  landscaping recreation areas on public land by, or on behalf of, the Council consistently with a plan of management in accordance with the Local Government Act 1993,

(j)  erecting or placing street furniture, shelters, garbage bins and the like on public roads by, for, or with the agreement of, the roads authority.

(2) Subdivision

Subdivision for the purpose of excising an allotment of land which is, or is intended to be used for public purposes, including drainage purposes, bushfire or other rescue service purposes or public conveniences.

(3) Bushfire hazard reduction

Bushfire hazard reduction carried out in accordance with a plan of operations approved by the rural fires authority for the area.

(4) Railway sidings in industrial areas

Development for the purpose of railway sidings servicing land within Zone 4.

(5) Use of Crown reserves

Use of Crown land or Crown reserves for the purpose for which the land is dedicated or reserved, but excluding the erection of buildings or creation of access to a public road.

(6) Farm dams

Development for the purpose of a farm dam:

(a)  on land within Zone 1 (a), 1 (c) or 7, if the dam is required to be licensed under the Water Act 1912, or

(b)  if the dam is not required to be licensed under the Water Act 1912, constructed on land in Zone 1 (a) with a maximum surface area of 5,000 square metres, or

(c)  on land in Zone 7 (excluding land within the Water Quality Protection Area shown on the map) with a maximum surface area of 5,000 square metres, but only if a pipe with a minimum diameter of 150 millimetres is installed towards the base of the dam wall, which provides for the release of low flows up to the flow capacity of the pipe.

Schedule 5 (Repealed)

sch 5: Rep 2007 (586), Sch 1 [11].

Schedule 6 Advertised development

(Clause 23)

(1) Development for the purpose of the following, but only if carried out on land within Zone 2 (a) or 2 (v): (a) animal establishments, (b) caravan parks, (c) child care centres, (d) dual occupancies which are not complying development, (e) educational establishments, (f) exhibition homes, (g) group homes other than complying development, (h) guest houses, (i) health consulting rooms other than complying development, (j) home businesses other than home occupations which are exempt development, (k) hotels, (l) housing for aged or disabled people, (m) motels, (n) places of public worship, (o) plant nurseries, (p) recreation facilities, (q) residential units, (r) restaurants, (s) shops other than shops located in neighbourhood centres, (t) veterinary clinics, (u) altering, or adding to, an existing use or changing an existing use to another use which would otherwise be prohibited in the Zone.

(2) Development for the purpose of brothels.

Schedule 7 Shops and business premises in residential areas

(Clause 43)

(1) Shops predominantly used as: • milk bars • sandwich shops • pharmacies • delicatessens • convenience stores, “minimarts” and the like • butchers • newsagencies

(2) Shops selling: • antiques • art and craft • bread, cakes, pies and pastries and the like • fruit and vegetables • pet food • take away food

(3) Business premises in neighbourhood centres of the following kinds: • laundromats/dry cleaners • hairdressers, beauticians

(4) Business premises used as a land/home sales office on land or adjacent to land and/or dwellings being offered for sale.

(5) Post offices.

sch 7: Am 19.9.2003.

Schedule 8 Heritage items

(Clause 87)

Column 1	Column 2	Column 3	Column 4	Column 5
Property Title or Description	Address/Location	Item (including the site unless otherwise specified)	Heritage Study Reference	Significance
“Duntryleague”	Woodward Street	Mansion, gateway, gatekeeper’s lodge, entry avenue and stables, excluding golf course layout	M1	National
“Ammerdown”	Molong Road	Homestead	M11	National
Orange Court House	Lords Place	Court Building	C3	National
“St Josephs”	Byng Street	Church	C269	National
“Holy Trinity”	Byng Street	Church, Rectory Bluestone Hall	C274 C29 C30	National State Local
“Mena”	50 Kite Street	Mansion	C372	National
Orange Public School	Kite Street	School Buildings	C381	National
Lands Office Kite Street	Kite Street	State Government offices	C384	National
“Wolaroi”	Bathurst Road	Former mansion (main school building)	M2	State
“Llanello” also known as “Croagh Patrick”	Park Street	Former mansion	M3	State
“Clifton Grove”	Clifton Grove Coolabah Drive	Homestead	M4	State
“Rosedale”	Ophir Road	Homestead	M5	State
“Wellwood”	Mitchell Highway	Homestead	M6	State
“Summer Hill”	Mitchell Highway	House and group of Farm buildings	M7	State
“Endsleigh House”	38 Endsleigh Avenue	House	M8	State
“Colwood”	12 McKay Crescent	Homestead	M9	State
“Glenfield”	Forest Road	Country Inn	M10	State
“Maroombah”	24 Courallie Drive	Mansion	M14	State
“Glengarra”	Mt Pleasant Lane	Homestead	M15	State
“Roseteague”	Canobolas Road	Homestead and curtilage	M27	State
Bloomfield Hospital	Forest Road	“Nymagee Lodge” Landscape features: Entry gateway, Elm Avenue and grounds	M28	State
			L4	Local
Orange Railway Station	Peisley Street	Railway station and pedestrian bridge	M40	State
Wesley Uniting Church	223 Anson Street	Church	C26	State
Orange Town Hall	247–249 Anson Street	Offices—former Town Hall	C28	State
“Newstead”	47–49 Hill Street	Club—former mansion	C84	State
“Knocklong”	73 Hill Street	House	C86	State
HACBS	87 Hill Street	Former Building Society	C91	State
Cook Park	Summer Street	Park Fernery Blowes Conservatory	L1 C119 C340	State State State
“Parkview”	44 Clinton Street	House	C139	State
“Trebanog”	79–81 March Street	House—former Inn	C213	State
Welcome Inn	85 March Street	Restaurant— former Inn	C214	State
	65 Byng Street	House	C267	State
Gladstone Hotel	69 Byng Street	Hotel	C268	State
Metropolitan Hotel	Corner Byng and Anson Streets	Hotel—former store	C275	State
“Galbally”	60 Byng Street	Mansion	C293	State
	62 Byng Street	Mansion	C294	State
“Brownholm”	82 Byng Street	House	C303	State
“Union Bank”	84 Byng Street	Restaurant/offices former Bank	C304	State
“Craigielee”	23 Summer Street	House	C315	State
“Berrilee”	29 Summer Street	Mansion	C317	State
	58 Summer Street	House	C342	State
Orange Post Office	222 Summer Street	Post Office	C345	State
Palmer’s Building	226 Summer Street	Former AJS Bank	C346	State
	56 Kite Street	House	C374	State
	80 Kite Street	Former Headmaster’s residence	C382	State
	86 Kite Street	Child care centre—former mansion	C383	State
“Warrenbah”	171 Edward Street	House	SE32	State
	160 Kite Street	Offices—former house	SE51	State
“Bowen Terrace”	3–25 Bathurst Road	Terrace houses	E1	State
“Reform Mine”	Mitchell Highway, Lucknow	Mine building group and relics	M69 (a)	State
“Narrambla”	Ophir Road	Templar’s Mill ruins and Banjo Patterson memorial	L7	State
Orange Cemetery	Lone Pine Avenue	“Old Portion”	L9	State
Chinamen’s Bend Cemetery	Mitchell Highway	Cemetery	L10	State
Robertson Park	Summer Street	Park	L2	Regional
Newman Park	March Street	Park	L3	Regional
Campbells Corner	Pinnacle Road	Park	L5	Regional
Towac Pinnacle	Pinnacle Road	Park	L6	Regional
CSR Readymix site	Laurel Street, off Racecourse Road	Bluestone quarry	L14	Regional
“Melyra”	Ploughmans Lane	House	M12	Local
“Suma Park”	Ophir Road	Homestead	M13	Local
“Clearview”	Steeles Lane	House	M16	Local
“Adavale” Gosling Road		House	M17	Local
Towac Park Racecourse	Towac Road	Timber grandstand, Pavilion, entry avenue	M18	Local
Orange Showground	Leeds Parade	Dalton’s Pavilion Agricultural Pavilion	M20 M21	Local Local
“Rose”, “Shamrock” and “Thistle”	Mitchell Highway, Shadforth	Group of 3 miners’ cottages	M23	Local
“Rose Cottage”	Canobolas Road	House—former post office	M25	Local
Canobolas Public School	Canobolas Road	School	M26	Local
“Bloomfield House”	Catto Close	House Remains of Moulder’s orchard	M29 L8	Local Local
	81 Woodward Street	House	M31	Local
	91 Woodward Street	House	M30	Local
	94 Woodward Street	House	M32	Local
“Gobabla”	100 Franklin Road	House	M34	Local
“Garyowen”	102 Franklin Road	House	M35	Local
	104 Franklin Road	House	M36	Local
	106 Franklin Road	House	M37	Local
“Hiluneva”	154 Moulder Street	House	M38	Local
Wade Park	Moulder Street	2 Cottages only	M39	Local
	158 Peisley Street	Stationmaster’s house	M41	Local
	84–88 Peisley Street	Stores	M42	Local
	325 Peisley Street	House	M44	Local
“Highgate”	329 Lords Place	House	M46	Local
“Middlesex”	335 Lords Place	House	M47	Local
“Glenelg”	345 Lords Place	House	M48	Local
	349 Lords Place	House	M49	Local
“Carinya”	365 Lords Place	House	M50	Local
“Eudora”	67 Prince Street	House	M51	Local
	97 Prince Street	House	M52	Local
	127–129 Prince Street	House	M53	Local
	65 Dalton Street	House	M54	Local
	306 Anson Street	House	M55	Local
	35 William Street	House	M57	Local
	38 Autumn Street	House	M58	Local
“Rowena”	81 Autumn Street	House	M59	Local
“Buena Vista”	211 March Street	Community facility—former residence	M60	Local
East Orange Public School	March Street	School	M61	Local
	34 Nile Street	House	M62	Local
	5 Spring Street	House	M67	Local
	21 Spring Street	House	M64	Local
	23 Spring Street	House	M65	Local
“Caeleon”	25 Spring Street	House	M66	Local
“Strathroy”	26 Spring Street	House	M63	Local
Orange City Band Hall	William Street	Hall	M68	Local
“Merungie”	Mitchell Highway, Lucknow	Raine family grave plot	L11	Local
“Wentworth Mine” also known as “Great Western”	Mitchell Highway, Lucknow	Mine building group and relics	M69	Local