Table Of Contents

Wingecarribee Local Environmental Plan 2010

Part 1 Preliminary
1.1   Name of Plan
This Plan is Wingecarribee Local Environmental Plan 2010.
1.1AA   Commencement
This Plan commences on the day on which it is published on the NSW legislation website.
1.2   Aims of Plan
(1)  This Plan aims to make local environmental planning provisions for land in Wingecarribee in accordance with the relevant standard environmental planning instrument under section 33A of the Act.
(2)  The particular aims of this Plan are as follows:
(a)  to conserve and enhance, for current and future generations, the ecological integrity, environmental heritage and environmental significance of Wingecarribee,
(b)  to maintain Wingecarribee’s original settlement pattern of towns and villages dispersed throughout a rural and native vegetation landscape,
(c)  to encourage the efficient use and development of urban land, minimising the spread of urban areas into rural and native vegetation environments, thereby increasing the accessibility of the population to urban facilities and services,
(d)  to provide opportunities for development and land use activities that:
(i)  make an effective contribution towards the economic wellbeing of the community in a socially and environmentally responsible manner, and
(ii)  do not adversely impact on natural systems and processes and the overall quality of Wingecarribee’s natural environment, and
(iii)  retain the critical natural, rural and built environmental landscape elements that make up the scenic and cultural heritage value of Wingecarribee,
(e)  to provide opportunities for a range of new housing and housing choice in locations that have good access to public transport, community facilities and services, retail and commercial services and employment opportunities, including opportunities for the provision of adaptable and affordable housing,
(f)  to provide for a range of living opportunities that address differing lifestyle needs without compromising the environmental quality of Wingecarribee, and the value of its natural resources such as water, biodiversity and agricultural land,
(g)  to strengthen the viability of Wingecarribee’s business centres as central places for investment, employment and cultural activity, and encourage a majority of future housing opportunities to be located in relatively close proximity to those centres,
(h)  to promote the economic wellbeing of the community in a socially and environmentally responsible way, focusing new employment growth at identified employment hubs like business centres and enterprise zones that can be better accessed by public and private transport,
(i)  to protect the primary production potential of suitable rural land, and prevent the fragmentation of agricultural holdings,
(j)  to conserve the Aboriginal and European cultural and environmental heritage of Wingecarribee,
(k)  to protect areas of high scenic landscape value,
(l)  to develop an ecologically sustainable future for Wingecarribee through the conservation, rehabilitation and regeneration of native vegetation (particularly threatened species populations and ecological communities), soil, waterways, riparian land and water quality (surface and groundwater),
(m)  to prevent loss of life and property by bush fires, by discouraging the establishment of incompatible uses in bush fire prone areas and incorporating as part of compatible developments protective measures that minimise bush fire risk without unacceptable environmental degradation,
(n)  to provide for a range of sustainable development opportunities in harmony with recreation and lifestyle choices, emerging markets and changes in technology, and capitalise on Wingecarribee’s regional distinctiveness and existing tourism asset base,
(o)  to ensure that extractive resources and mineral deposits are not rendered sterile by future development, but at the same time ensuring that subsequent extraction, open cut mining and transportation activities are undertaken in a way that maintains residential amenity,
(p)  to protect and enhance waterways, riparian land and water quality in the drinking water catchments of Wingecarribee.
cl 1.2: Am 2011 (363), Sch 27 [1].
1.3   Land to which Plan applies
This Plan applies to the land identified on the Land Application Map.
1.4   Definitions
The Dictionary at the end of this Plan defines words and expressions for the purposes of this Plan.
1.5   Notes
Notes in this Plan are provided for guidance and do not form part of this Plan.
1.6   Consent authority
The consent authority for the purposes of this Plan is (subject to the Act) the Council.
1.7   Maps
(1)  A reference in this Plan to a named map adopted by this Plan 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 Plan 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 Plan, a map may be in, and may be kept and made available in, electronic or paper form, or both.
Note—
The maps adopted by this Plan are to be made available on the official NSW legislation website in connection with this Plan. Requirements relating to the maps are set out in the documents entitled Standard technical requirements for LEP maps and Standard requirements for LEP GIS data which are available on the website of the Department of Planning and Infrastructure.
1.8   Repeal of planning instruments applying to land
(1)  All local environmental plans and deemed environmental planning instruments applying only to the land to which this Plan applies are repealed.
Note—
The following local environmental plans are repealed under this provision:
(2)  All local environmental plans and deemed environmental planning instruments applying to the land to which this Plan applies and to other land cease to apply to the land to which this Plan applies.
(3)  Illawarra Regional Environmental Plan No 1 is amended by omitting “the Cities of Shoalhaven and Wollongong, the Municipalities of Kiama and Shellharbour and the Shire of Wingecarribee” from clause 4 and inserting instead “the Cities of Shellharbour, Shoalhaven and Wollongong and the Municipality of Kiama”.
cl 1.8: Am 2011 (363), Sch 27 [2].
1.8A   Savings provision relating to development applications
If a development application has been made before the commencement of this Plan in relation to land to which this Plan applies and the application has not been finally determined before that commencement, the application must be determined as if this Plan had not commenced.
Note—
However, under Division 4B of Part 3 of the Act, a development application may be made for consent to carry out development that may only be carried out if the environmental planning instrument applying to the relevant development is appropriately amended or if a new instrument, including an appropriate principal environmental planning instrument, is made, and the consent authority may consider the application. The Division requires public notice of the development application and the draft environmental planning instrument allowing the development at the same time, or as closely together as is practicable.
1.9   Application of SEPPs
(1)  This Plan is subject to the provisions of any State environmental planning policy that prevails over this Plan as provided by section 36 of the Act.
(2)  The following State environmental planning policies (or provisions) do not apply to the land to which this Plan applies:
1.9A   Suspension of covenants, agreements and instruments
(1)  For the purpose of enabling development on land in any zone to be carried out in accordance with this Plan or with a 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).
cl 1.9A: Am 2011 (363), Sch 27 [3].
cl 2.6BB: Am 2010 (554), cl 4 (1).
Part 2 Permitted or prohibited development
2.1   Land use zones
The land use zones under this Plan are as follows:
Rural Zones
RU1 Primary Production
RU2 Rural Landscape
RU3 Forestry
RU4 Primary Production Small Lots
Residential Zones
R2 Low Density Residential
R3 Medium Density Residential
R5 Large Lot Residential
Business Zones
B1 Neighbourhood Centre
B2 Local Centre
B4 Mixed Use
B5 Business Development
B7 Business Park
Industrial Zones
IN1 General Industrial
IN2 Light Industrial
IN3 Heavy Industrial
Special Purpose Zones
SP1 Special Activities
SP2 Infrastructure
SP3 Tourist
Recreation Zones
RE1 Public Recreation
RE2 Private Recreation
Environment Protection Zones
E1 National Parks and Nature Reserves
E2 Environmental Conservation
E3 Environmental Management
E4 Environmental Living
2.2   Zoning of land to which Plan applies
For the purposes of this Plan, land is within the zones shown on the Land Zoning Map.
2.3   Zone objectives and Land Use Table
(1)  The Land Use Table at the end of this Part specifies for each zone:
(a)  the objectives for development, and
(b)  development that may be carried out without development consent, and
(c)  development that may be carried out only with development consent, and
(d)  development that is prohibited.
(2)  The consent authority must have regard to the objectives for development in a zone when determining a development application in respect of land within the zone.
(3)  In the Land Use Table at the end of this Part:
(a)  a reference to a type of building or other thing is a reference to development for the purposes of that type of building or other thing, and
(b)  a reference to a type of building or other thing does not include (despite any definition in this Plan) a reference to a type of building or other thing referred to separately in the Land Use Table in relation to the same zone.
(4)  This clause is subject to the other provisions of this Plan.
Notes—
1   
Schedule 1 sets out additional permitted uses for particular land.
2   
Schedule 2 sets out exempt development (which is generally exempt from both Parts 4 and 5 of the Act). Development in the land use table that may be carried out without consent is nevertheless subject to the environmental assessment and approval requirements of Part 5 of the Act or, if applicable, Part 3A of the Act.
3   
Schedule 3 sets out complying development (for which a complying development certificate may be issued as an alternative to obtaining development consent).
4   
Clause 2.6 requires consent for subdivision of land.
5   
Part 5 contains other provisions which require consent for particular development.
2.4   Unzoned land
(1)  Development may be carried out on unzoned land only with development consent.
(2)  Before granting development consent, the consent authority:
(a)  must consider whether the development will impact on adjoining zoned land and, if so, consider the objectives for development in the zones of the adjoining land, and
(b)  must be satisfied that the development is appropriate and is compatible with permissible land uses in any such adjoining land.
2.5   Additional permitted uses for particular land
(1)  Development on particular land that is described or referred to in Schedule 1 may be carried out:
(a)  with development consent, or
(b)  if the Schedule so provides—without development consent,
in accordance with the conditions (if any) specified in that Schedule in relation to that development.
(2)  This clause has effect despite anything to the contrary in the Land Use Table or other provision of this Plan.
2.6   Subdivision—consent requirements
(1)  Land to which this Plan applies may be subdivided, but only with development consent.
Notes—
1   
If a subdivision is specified as exempt development in an applicable environmental planning instrument, such as this Plan or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, the Act enables it to be carried out without development consent.
2   
Part 6 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 provides that the strata subdivision of a building in certain circumstances is complying development.
(2)  Development consent must not be granted for the subdivision of land on which a secondary dwelling is situated if the subdivision would result in the principal dwelling and the secondary dwelling being situated on separate lots, unless the resulting lots are not less than the minimum size shown on the Lot Size Map in relation to that land.
Note—
The definition of secondary dwelling in the Dictionary requires the dwelling to be on the same lot of land as the principal dwelling.
2.7   Demolition requires development consent
The demolition of a building or work may be carried out only with development consent.
Note—
If the demolition of a building or work is identified in an applicable environmental planning instrument, such as this Plan or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, as exempt development, the Act enables it to be carried out without development consent.
2.8   Temporary use of land
(1)  The objective of this clause is to provide for the temporary use of land if the use does not compromise future development of the land, or have detrimental economic, social, amenity or environmental effects on the land.
(2)  Despite any other provision of this Plan, development consent may be granted for development on land in any zone for a temporary use for a maximum period of 60 days (whether or not consecutive days) in any period of 12 months.
(3)  Development consent must not be granted unless the consent authority is satisfied that:
(a)  the temporary use will not prejudice the subsequent carrying out of development on the land in accordance with this Plan and any other applicable environmental planning instrument, and
(b)  the temporary use will not adversely impact on any adjoining land or the amenity of the neighbourhood, and
(c)  the temporary use and location of any structures related to the use will not adversely impact on environmental attributes or features of the land, or increase the risk of natural hazards that may affect the land, and
(d)  at the end of the temporary use period the land will, as far as is practicable, be restored to the condition in which it was before the commencement of the use.
(4)  Despite subclause (2), the temporary use of a dwelling as a sales office for a new release area or a new housing estate may exceed the maximum number of days specified in that subclause.
(5)  Subclause (3) (d) does not apply to the temporary use of a dwelling as a sales office mentioned in subclause (4).
Land Use Table
Note—
A type of development referred to in the Land Use Table is a reference to that type of development only to the extent it is not regulated by an applicable State environmental planning policy. The following State environmental planning policies in particular may be relevant to development on land to which this Plan applies:
State Environmental Planning Policy (Affordable Rental Housing) 2009 (including provision for secondary dwellings)
State Environmental Planning Policy (Infrastructure) 2007—relating to infrastructure facilities such as those that comprise, or are for, air transport, correction, education, electricity generating works and solar energy systems, health services, ports, railways, roads, waste management and water supply systems
Land Use tbl: Am 2010 (554), cl 4 (2)–(5); 2011 (363), Sch 27 [4]–[43].
Zone RU1   Primary Production
1   Objectives of zone
•  To encourage sustainable primary industry production by maintaining and enhancing the natural resource base.
•  To encourage diversity in primary industry enterprises and systems appropriate for the area.
•  To minimise the fragmentation and alienation of resource lands.
•  To minimise conflict between land uses within this zone and land uses within adjoining zones.
•  To provide opportunities for employment-generating development that adds value to local agricultural production through food and beverage processing and integrates with tourism.
2   Permitted without consent
Environmental protection works; Extensive agriculture; Home-based child care; Home occupations; Roadside stalls
3   Permitted with consent
Agriculture; Airstrips; Animal boarding or training establishments; Bed and breakfast accommodation; Cellar door premises; Community facilities; Dual occupancies (attached); Dwelling houses; Environmental facilities; Extractive industries; Farm buildings; Farm stay accommodation; Flood mitigation works; Forestry; Health consulting rooms; Helipads; Home businesses; Home industries; Information and education facilities; Intensive livestock agriculture; Intensive plant agriculture; Landscaping material supplies; Open cut mining; Places of public worship; Plant nurseries; Recreation areas; Recreation facilities (outdoor); Roads; Rural industries; Secondary dwellings; Signage
4   Prohibited
Any development not specified in item 2 or 3
Zone RU2   Rural Landscape
1   Objectives of zone
•  To encourage sustainable primary industry production by maintaining and enhancing the natural resource base.
•  To maintain the rural landscape character of the land.
•  To provide for a range of compatible land uses, including extensive agriculture.
•  To provide opportunities for employment-generating development that is compatible with, and adds value to, local agricultural production through food and beverage processing and that integrates with tourism.
2   Permitted without consent
Environmental protection works; Extensive agriculture; Home-based child care; Home occupations
3   Permitted with consent
Agricultural produce industries; Agriculture; Airstrips; Animal boarding or training establishments; Bed and breakfast accommodation; Cellar door premises; Community facilities; Dual occupancies (attached); Dwelling houses; Environmental facilities; Extractive industries; Farm buildings; Farm stay accommodation; Flood mitigation works; Forestry; Health consulting rooms; Helipads; Home businesses; Home industries; Information and education facilities; Landscaping material supplies; Places of public worship; Plant nurseries; Recreation areas; Recreation facilities (outdoor); Roads; Roadside stalls; Secondary dwellings; Signage
4   Prohibited
Intensive livestock agriculture; Any other development not specified in item 2 or 3
Zone RU3   Forestry
1   Objectives of zone
•  To enable development for forestry purposes.
•  To enable other development that is compatible with forestry land uses.
2   Permitted without consent
Roads; Uses authorised under the Forestry Act 1916
3   Permitted with consent
Nil
4   Prohibited
Any development not specified in item 2 or 3
Zone RU4   Primary Production Small Lots
1   Objectives of zone
•  To enable sustainable primary industry and other compatible land uses.
•  To encourage and promote diversity and employment opportunities in relation to primary industry enterprises, particularly those that require smaller lots or that are more intensive in nature.
•  To minimise conflict between land uses within this zone and land uses within adjoining zones.
•  To provide for a restricted range of employment-generating development opportunities that are compatible with adjacent or nearby residential and agricultural development.
•  To avoid additional degradation or fragmentation of the natural environment caused by further clearing of native vegetation, high intensity development and land use.
•  To maintain flora and fauna species and habitats, communities and ecological processes that occupy land in the zone, ensuring that development minimises any off and on site impacts on biodiversity, water resources and natural landforms.
•  To conserve and enhance the quality of potentially valuable environmental assets, including waterways, riparian land, wetlands and other surface and groundwater resources, remnant native vegetation and fauna movement corridors as part of all new development and land use.
•  To provide for the effective management of remnant native vegetation within the zone, including native vegetation regeneration, noxious and environmental weed eradication and bush fire hazard reduction.
2   Permitted without consent
Environmental protection works; Extensive agriculture; Home-based child care; Home occupations
3   Permitted with consent
Aquaculture; Bed and breakfast accommodation; Cellar door premises; Child care centres; Community facilities; Dual occupancies (attached); Dwelling houses; Environmental facilities; Farm buildings; Flood mitigation works; Home businesses; Home industries; Intensive plant agriculture; Landscaping material supplies; Places of public worship; Plant nurseries; Recreation areas; Recreation facilities (outdoor); Respite day care centres; Roads; Roadside stalls; Secondary dwellings; Signage; Water storage facilities
4   Prohibited
Any development not specified in item 2 or 3
Zone R2   Low Density Residential
1   Objectives of zone
•  To provide for the housing needs of the community within a low density residential environment.
•  To enable other land uses that provide facilities or services to meet the day to day needs of residents.
2   Permitted without consent
Environmental protection works; Home-based child care; Home occupations
3   Permitted with consent
Bed and breakfast accommodation; Boarding houses; Child care centres; Community facilities; Dual occupancies; Dwelling houses; Environmental facilities; Exhibition homes; Exhibition villages; Group homes; Health consulting rooms; Home businesses; Home industries; Places of public worship; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Respite day care centres; Roads; Seniors housing; Serviced apartments; Signage
4   Prohibited
Any development not specified in item 2 or 3
Zone R3   Medium Density Residential
1   Objectives of zone
•  To provide for the housing needs of the community within a medium density residential environment.
•  To provide a variety of housing types within a medium density residential environment.
•  To enable other land uses that provide facilities or services to meet the day to day needs of residents.
2   Permitted without consent
Environmental protection works; Home-based child care; Home occupations
3   Permitted with consent
Attached dwellings; Boarding houses; Child care centres; Community facilities; Group homes; Multi dwelling housing; Neighbourhood shops; Places of public worship; Respite day care centres; Roads; Seniors housing; Any other development not specified in item 2 or 4
4   Prohibited
Agriculture; Air transport facilities; Amusement centres; Animal boarding or training establishments; Backpackers’ accommodation; Camping grounds; Car parks; Caravan parks; Cemeteries; Commercial premises; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Electricity generating works; Entertainment facilities; Extractive industries; Farm buildings; Farm stay accommodation; Forestry; Freight transport facilities; Function centres; Funeral homes; Heavy industrial storage establishments; Home occupations (sex services); Hotel or motel accommodation; Industrial retail outlets; Industrial training facilities; Industries; Mortuaries; Passenger transport facilities; Recreation facilities (major); Registered clubs; Research stations; Restricted premises; Rural industries; Rural workers’ dwellings; Service stations; Sewage treatment plants; Sex services premises; Storage premises; Vehicle body repair workshops; Vehicle repair stations; Veterinary hospitals; Waste or resource management facilities; Water recreation structures; Water supply systems; Wharf or boating facilities; Wholesale supplies
Zone R5   Large Lot Residential
1   Objectives of zone
•  To provide residential housing in a rural setting while preserving, and minimising impacts on, environmentally sensitive locations and scenic quality.
•  To ensure that large residential lots do not hinder the proper and orderly development of urban areas in the future.
•  To ensure that development in the area does not unreasonably increase the demand for public services or public facilities.
•  To minimise conflict between land uses within this zone and land uses within adjoining zones.
•  To provide a restricted range of opportunities for employment development and community facilities and services that do not unreasonably or significantly detract from:
(a)  the primary residential function, character and amenity of the neighbourhood, and
(b)  the quality of the natural and built environments.
2   Permitted without consent
Environmental protection works; Home-based child care; Home occupations
3   Permitted with consent
Bed and breakfast accommodation; Dual occupancies (attached); Dwelling houses; Group homes; Roads; Any other development not specified in item 2 or 4
4   Prohibited
Agriculture; Air transport facilities; Amusement centres; Animal boarding or training establishments; Camping grounds; Car parks; Caravan parks; Cemeteries; Commercial premises; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Electricity generating works; Entertainment facilities; Exhibition villages; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Function centres; Heavy industrial storage establishments; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Information and education facilities; Mortuaries; Passenger transport facilities; Recreation facilities (indoor); Recreation facilities (major); Registered clubs; Research stations; Residential accommodation; Restricted premises; Rural industries; Service stations; Sewage treatment plants; Sex services premises; Storage premises; Tourist and visitor accommodation; Transport depots; Vehicle body repair workshops; Vehicle repair stations; Veterinary hospitals; Waste or resource management facilities; Water recreation structures; Water supply systems; Wharf or boating facilities; Wholesale supplies
Zone B1   Neighbourhood Centre
1   Objectives of zone
•  To provide a range of small-scale retail, business and community uses that serve the needs of people who live or work in the surrounding neighbourhood.
•  To generally conserve and enhance the unique sense of place of business centre precincts in villages and towns by ensuring that new development integrates with the distinct village scale, character, cultural heritage and landscape setting of those places.
•  To ensure that new development has regard to the character and amenity of adjacent and nearby residential areas.
2   Permitted without consent
Environmental protection works; Home-based child care; Home occupations
3   Permitted with consent
Boarding houses; Business premises; Child care centres; Community facilities; Medical centres; Neighbourhood shops; Respite day care centres; Roads; Shop top housing; Any other development not specified in item 2 or 4
4   Prohibited
Agriculture; Air transport facilities; Amusement centres; Animal boarding or training establishments; Attached dwellings; Bulky goods premises; Camping grounds; Caravan parks; Cellar door premises; Cemeteries; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Electricity generating works; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Function centres; Garden centres; Hardware and building supplies; Heavy industrial storage establishments; Home occupations (sex services); Hospitals; Hostels; Industrial retail outlets; Industrial training facilities; Industries; Landscaping material supplies; Mortuaries; Multi dwelling housing; Passenger transport facilities; Plant nurseries; Public administration buildings; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Research stations; Residential flat buildings; Restricted premises; Roadside stalls; Rural industries; Rural workers’ dwellings; Seniors housing; Sex services premises; Shops; Storage premises; Timber yards; Tourist and visitor accommodation; Transport depots; Vehicle body repair workshops; Vehicle repair stations; Vehicle sales or hire premises; Waste or resource management facilities; Water recreation structures; Water supply systems; Wharf or boating facilities
Zone B2   Local Centre
1   Objectives of zone
•  To provide a range of retail, business, entertainment and community uses that serve the needs of people who live in, work in and visit the local area.
•  To encourage employment opportunities in accessible locations.
•  To maximise public transport patronage and encourage walking and cycling.
•  To generally conserve and enhance the unique sense of place of business centre precincts by ensuring that new development integrates with the distinct urban scale, character, cultural heritage and landscape setting of those places.
•  To provide opportunities for a compatible mix of residential living above retail, commercial, recreational, cultural and community activities at street level.
•  To ensure that adequate provision is made for infrastructure that supports the viability of business centre precincts, including public car parking, traffic management facilities, public transport facilities, cyclist facilities, pedestrian access paths, amenities, facilities for older people and people with disabilities and general public conveniences.
•  To maximise the efficient use of land in business centre precincts to promote more compact and accessible places.
•  To ensure that new development has regard to the character and amenity of adjacent and nearby residential areas.
2   Permitted without consent
Environmental protection works; Home-based child care; Home occupations
3   Permitted with consent
Boarding houses; Child care centres; Commercial premises; Community facilities; Educational establishments; Entertainment facilities; Function centres; Information and education facilities; Medical centres; Passenger transport facilities; Recreation facilities (indoor); Registered clubs; Respite day care centres; Restricted premises; Roads; Service stations; Shop top housing; Tourist and visitor accommodation; Any other development not specified in item 2 or 4
4   Prohibited
Agriculture; Air transport facilities; Animal boarding or training establishments; Camping grounds; Caravan parks; Cemeteries; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Electricity generating works; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Heavy industrial storage establishments; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Recreation facilities (major); Recreation facilities (outdoor); Research stations; Rural industries; Rural workers’ dwellings; Seniors housing; Sewage treatment plants; Storage premises; Transport depots; Waste or resource management facilities; Water recreation structures; Water supply systems; Wharf or boating facilities
Zone B4   Mixed Use
1   Objectives of zone
•  To provide a mixture of compatible land uses.
•  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.
•  To ensure that new development has regard to the character and amenity of adjacent and nearby residential areas.
2   Permitted without consent
Environmental protection works; Home-based child care; Home occupations
3   Permitted with consent
Boarding houses; Child care centres; Commercial premises; Community facilities; Educational establishments; Entertainment facilities; Function centres; Hotel or motel accommodation; Information and education facilities; Light industries; Medical centres; Passenger transport facilities; Recreation facilities (indoor); Registered clubs; Respite day care centres; Restricted premises; Roads; Seniors housing; Shop top housing: Any other development not specified in item 2 or 4
4   Prohibited
Agriculture; Air transport facilities; Amusement centres; Animal boarding or training establishments; Camping grounds; Caravan parks; Cemeteries; Crematoria; Depots; Eco-tourist facilities; Electricity generating works; Exhibition villages; Extractive industries; Farm buildings; Farm stay accommodation; Forestry; Freight transport facilities; Heavy industrial storage establishments; Home occupations (sex services); Industrial training facilities; Industries; Recreation facilities (major); Recreation facilities (outdoor); Research stations; Rural industries; Rural workers’ dwellings; Sewage treatment plants; Sex services premises; Storage premises; Transport depots; Waste or resource management facilities; Water recreation structures; Water supply systems; Wharf or boating facilities
Zone B5   Business Development
1   Objectives of zone
•  To enable a mix of business and warehouse uses, and bulky goods premises that require a large floor area, in locations that are close to, and that support the viability of, centres.
•  To ensure that new development has regard to the character and amenity of adjacent and nearby residential areas.
•  To provide a range of retail, business, entertainment and community uses that serve the needs of people who live in, work in and visit the local area.
2   Permitted without consent
Environmental protection works; Home-based child care; Home occupations
3   Permitted with consent
Bulky goods premises; Child care centres; Garden centres; Hardware and building supplies; Landscaping material supplies; Light industries; Passenger transport facilities; Plant nurseries; Respite day care centres; Roads; Warehouse or distribution centres; Any other development not specified in item 2 or 4
4   Prohibited
Agriculture; Air transport facilities; Amusement centres; Animal boarding or training establishments; Boarding houses; Camping grounds; Caravan parks; Cellar door premises; Cemeteries; Correctional centres; Crematoria; Depots; Dual occupancies; Dwelling houses; Eco-tourist facilities; Educational establishments; Electricity generating works; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Farm stay accommodation; Forestry; Freight transport facilities; Group homes; Heavy industrial storage establishments; Home occupations (sex services); Industrial training facilities; Industries; Recreation facilities (major); Recreation facilities (outdoor); Research stations; Restricted premises; Rural industries; Rural supplies; Rural workers’ dwellings; Secondary dwellings; Semi-detached dwellings; Sewage treatment plants; Sex services premises; Transport depots; Waste or resource management facilities; Water recreation structures; Water supply systems; Wharf or boating facilities
Zone B7   Business Park
1   Objectives of zone
•  To provide a range of office and light industrial uses.
•  To encourage employment opportunities.
•  To enable other land uses that provide facilities or services to meet the day to day needs of workers in the area.
•  To ensure that new development has regard to the character and amenity of adjacent and nearby residential areas.
2   Permitted without consent
Environmental protection works; Home-based child care; Home occupations
3   Permitted with consent
Child care centres; Light industries; Neighbourhood shops; Office premises; Passenger transport facilities; Respite day care centres; Roads; Warehouse or distribution centres; Any other development not specified in item 2 or 4
4   Prohibited
Agriculture; Air transport facilities; Amusement centres; Animal boarding or training establishments; Camping grounds; Caravan parks; Cellar door premises; Cemeteries; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Electricity generating works; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Farm stay accommodation; Forestry; Garden centres; Heavy industrial storage establishments; Home occupations (sex services); Industrial training facilities; Industries; Recreation facilities (major); Research stations; Residential accommodation; Restricted premises; Roadside stalls; Rural industries; Sewage treatment plants; Sex services premises; Shops; Waste or resource management facilities; Water recreation structures; Water supply systems; Wharf or boating facilities
Zone IN1   General Industrial
1   Objectives of zone
•  To provide a wide range of industrial and warehouse land uses.
•  To encourage employment opportunities.
•  To minimise any adverse effect of industry on other land uses.
•  To support and protect industrial land for industrial uses.
•  To allow a range of non-industrial land uses, including selected commercial activities, that provide direct services to the industrial activities and their workforce or that, due to their type, nature or scale, are appropriately located in the zone without impacting on the viability of business and commercial centres in Wingecarribee.
•  To ensure that new development and land uses incorporate measures that take account of their spatial context and mitigate any potential impacts on neighbourhood amenity and character, or the efficient operation of the local or regional road system.
2   Permitted without consent
Environmental protection works; Home-based child care; Home occupations
3   Permitted with consent
Aquaculture; Depots; Freight transport facilities; General industries; Hardware and building supplies; Industrial training facilities; Landscaping material supplies; Light industries; Neighbourhood shops; Plant nurseries; Roads; Rural supplies; Take away food and drink premises; Timber yards; Vehicle sales or hire premises; Warehouse or distribution centres; Any other development not specified in item 2 or 4
4   Prohibited
Agriculture; Air transport facilities; Airstrips; Amusement centres; Animal boarding or training establishments; Business premises; Cemeteries; Correctional centres; Crematoria; Eco-tourist facilities; Exhibition homes; Exhibition villages; Farm buildings; Forestry; Health services facilities; Heavy industrial storage establishments; Highway service centres; Home occupations (sex services); Industries; Residential accommodation; Restricted premises; Retail premises; Schools; Sex services premises; Tourist and visitor accommodation; Water recreation structures; Wharf or boating facilities
Zone IN2   Light Industrial
1   Objectives of zone
•  To provide a wide range of light industrial, warehouse and related land uses.
•  To encourage employment opportunities and to support the viability of centres.
•  To minimise any adverse effect of industry on other land uses.
•  To enable other land uses that provide facilities or services to meet the day to day needs of workers in the area.
•  To support and protect industrial land for industrial uses.
•  To allow a range of non-industrial land uses, including selected commercial activities, that provide direct services to the industrial activities and their workforce or that, due to their type, nature or scale, are appropriately located in the zone without impacting on the viability of business and commercial centres in Wingecarribee.
•  To ensure that new development and land uses incorporate measures that take account of their spatial context and mitigate any potential impacts on neighbourhood amenity and character or the efficient operation of the local or regional road system.
2   Permitted without consent
Environmental protection works; Home-based child care; Home occupations
3   Permitted with consent
Agricultural produce industries; Aquaculture; Bulky goods premises; Depots; Hardware and building supplies; Industrial training facilities; Landscaping material supplies; Light industries; Neighbourhood shops; Plant nurseries; Roads; Rural supplies; Take away food and drink premises; Timber yards; Vehicle sales or hire premises; Warehouse or distribution centres; Any other development not specified in item 2 or 4
4   Prohibited
Agriculture; Air transport facilities; Airstrips; Amusement centres; Animal boarding or training establishments; Biosolids treatment facilities; Business premises; Cemeteries; Correctional centres; Crematoria; Eco-tourist facilities; Exhibition homes; Exhibition villages; Farm buildings; Forestry; Health services facilities; Heavy industrial storage establishments; Highway service centres; Home occupations (sex services); Industries; Residential accommodation; Restricted premises; Retail premises; Rural industries; Schools; Sex services premises; Tourist and visitor accommodation; Water recreation structures; Wharf or boating facilities
Zone IN3   Heavy Industrial
1   Objectives of zone
•  To provide suitable areas for those industries that need to be separated from other land uses.
•  To encourage employment opportunities.
•  To minimise any adverse effect of heavy industry on other land uses.
•  To support and protect industrial land for industrial uses.
2   Permitted without consent
Environmental protection works
3   Permitted with consent
Depots; Freight transport facilities; General industries; Hazardous storage establishments; Heavy industries; Offensive storage establishments; Roads; Warehouse or distribution centres; Any other development not specified in item 2 or 4
4   Prohibited
Agriculture; Air transport facilities; Airstrips; Amusement centres; Animal boarding or training establishments; Camping grounds; Car parks; Caravan parks; Cemeteries; Child care centres; Commercial premises; Community facilities; Correctional centres; Crematoria; Eco-tourist facilities; Educational establishments; Entertainment facilities; Exhibition homes; Exhibition villages; Farm buildings; Forestry; Function centres; Health services facilities; Highway service centres; Home-based child care; Home businesses; Home industries; Home occupations; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Information and education facilities; Mortuaries; Passenger transport facilities; Places of public worship; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Residential accommodation; Respite day care centres; Restricted premises; Self-storage units; Service stations; Sex services premises; Tourist and visitor accommodation; Vehicle body repair workshops; Vehicle repair stations; Veterinary hospitals; Water recreation structures; Wharf or boating facilities
Zone SP1   Special Activities
1   Objectives of zone
•  To provide for special land uses that are not provided for in other zones.
•  To provide for sites with special natural characteristics that are not provided for in other zones.
•  To facilitate development that is in keeping with the special characteristics of the site or its existing or intended special use, and that minimises any adverse impacts on surrounding land.
2   Permitted without consent
Nil
3   Permitted with consent
The purpose shown on the Land Zoning Map, including any development that is ordinarily incidental or ancillary to development for that purpose.
4   Prohibited
Any development not specified in item 2 or 3
Zone SP2   Infrastructure
1   Objectives of zone
•  To provide for infrastructure and related uses.
•  To prevent development that is not compatible with or that may detract from the provision of infrastructure.
•  To ensure that the scale and character of infrastructure is compatible with the landscape setting and built form of surrounding development.
2   Permitted without consent
Nil
3   Permitted with consent
The purpose shown on the Land Zoning Map, including any development that is ordinarily incidental or ancillary to development for that purpose; Roads
4   Prohibited
Any development not specified in item 2 or 3
Zone SP3   Tourist
1   Objectives of zone
•  To provide for a variety of tourist-oriented development and related uses.
•  To ensure that development is sympathetic with the rural setting and landscape features of the site and minimises impact on the scenic values of nearby development and land use activity.
2   Permitted without consent
Environmental protection works; Home-based child care; Home occupations
3   Permitted with consent
Aquaculture; Dwelling houses; Food and drink premises; Roads; Secondary dwellings; Tourist and visitor accommodation; Any other development not specified in item 2 or 4
4   Prohibited
Agriculture; Air transport facilities; Amusement centres; Animal boarding or training establishments; Bulky goods premises; Business premises; Car parks; Cemeteries; Child care centres; Community facilities; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Educational establishments; Electricity generating works; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Garden centres; Hardware and building supplies; Health services facilities; Heavy industrial storage establishments; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Landscaping material supplies; Mortuaries; Office premises; Passenger transport facilities; Plant nurseries; Registered clubs; Research stations; Residential accommodation; Respite day care centres; Restricted premises; Rural industries; Rural supplies; Service stations; Sewage treatment plants; Sex services premises; Shops; Storage premises; Timber yards; Vehicle body repair workshops; Vehicle repair stations; Vehicle sales or hire premises; Veterinary hospitals; Waste or resource management facilities; Water supply systems; Wharf or boating facilities; Wholesale supplies
Zone RE1   Public Recreation
1   Objectives of zone
•  To enable land to be used for public open space or recreational purposes.
•  To provide a range of recreational settings and activities and compatible land uses.
•  To protect and enhance the natural environment for recreational purposes.
•  To enable ancillary development that will encourage the enjoyment of land zoned for open space.
2   Permitted without consent
Environmental protection works
3   Permitted with consent
Camping grounds; Caravan parks; Child care centres; Community facilities; Entertainment facilities; Environmental facilities; Function centres; Kiosks; Markets; Places of public worship; Recreation areas; Recreation facilities (indoor); Respite day care centres; Restaurants or cafes; Roads; Signage; Take away food and drink premises; Water storage facilities
4   Prohibited
Any development not specified in item 2 or 3
Zone RE2   Private Recreation
1   Objectives of zone
•  To enable land to be used for private open space or recreational purposes.
•  To provide a range of recreational settings and activities and compatible land uses.
•  To protect and enhance the natural environment for recreational purposes.
2   Permitted without consent
Environmental protection works; Extensive agriculture; Home-based child care; Home occupations
3   Permitted with consent
Airstrips; Aquaculture; Camping grounds; Caravan parks; Cellar door premises; Child care centres; Community facilities; Educational establishments; Entertainment facilities; Environmental facilities; Farm buildings; Flood mitigation works; Food and drink premises; Function centres; Helipads; Kiosks; Markets; Places of public worship; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Registered clubs; Respite day care centres; Roads; Roadside stalls; Signage; Tourist and visitor accommodation; Water storage facilities
4   Prohibited
Any development not specified in item 2 or 3
Zone E1   National Parks and Nature Reserves
1   Objectives of zone
•  To enable the management and appropriate use of land that is reserved under the National Parks and Wildlife Act 1974 or that is acquired under Part 11 of that Act.
•  To enable uses authorised under the National Parks and Wildlife Act 1974.
•  To identify land that is to be reserved under the National Parks and Wildlife Act 1974 and to protect the environmental significance of that land.
2   Permitted without consent
Uses authorised under the National Parks and Wildlife Act 1974
3   Permitted with consent
Nil
4   Prohibited
Any development not specified in item 2 or 3
Zone E2   Environmental Conservation
1   Objectives of zone
•  To protect, manage and restore areas of high ecological, scientific, cultural or aesthetic values.
•  To prevent development that could destroy, damage or otherwise have an adverse effect on those values.
2   Permitted without consent
Environmental protection works
3   Permitted with consent
Environmental facilities; Flood mitigation works; Roads
4   Prohibited
Business premises; Hotel or motel accommodation; Industries; Multi dwelling housing; Recreation facilities (major); Residential flat buildings; Restricted premises; Retail premises; Seniors housing; Service stations; Warehouse or distribution centres; Any other development not specified in item 2 or 3
Zone E3   Environmental Management
1   Objectives of zone
•  To protect, manage and restore areas with special ecological, scientific, cultural or aesthetic values.
•  To provide for a limited range of development that does not have an adverse effect on those values.
•  To encourage the retention of the remaining evidence of significant historic and social values expressed in existing landscape and land use patterns.
•  To minimise the proliferation of buildings and other structures in these sensitive landscape areas.
•  To provide for a restricted range of development and land use activities that provide for rural settlement, sustainable agriculture, other types of economic and employment development, recreation and community amenity in identified drinking water catchment areas.
•  To protect significant agricultural resources (soil, water and vegetation) in recognition of their value to Wingecarribee’s longer term economic sustainability.
2   Permitted without consent
Environmental protection works; Extensive agriculture; Home-based child care; Home occupations
3   Permitted with consent
Airstrips; Aquaculture; Bed and breakfast accommodation; Community facilities; Dairies (pasture-based); Dual occupancies (attached); Dwelling houses; Environmental facilities; Farm buildings; Farm stay accommodation; Flood mitigation works; Health consulting rooms; Helipads; Home businesses; Horticulture; Information and education facilities; Places of public worship; Recreation areas; Recreation facilities (outdoor); Roads; Roadside stalls; Secondary dwellings; Signage; Viticulture; Water storage facilities
4   Prohibited
Industries; Multi dwelling housing; Residential flat buildings; Retail premises; Seniors housing; Service stations; Warehouse or distribution centres; Any other development not specified in item 2 or 3
Zone E4   Environmental Living
1   Objectives of zone
•  To provide for low-impact residential development in areas with special ecological, scientific or aesthetic values.
•  To ensure that residential development does not have an adverse effect on those values.
•  To encourage the retention of the remaining evidence of significant historic and social values expressed in existing landscape and land use patterns.
•  To provide for a restricted range of development and land use activities that provide for rural settlement, sustainable agriculture and other types of economic and employment development, recreation and community amenity in identified drinking water catchment areas.
•  To manage land in a way that minimises impact on its environmental and scenic value from adjacent and nearby development and land use activity.
•  To minimise the proliferation of buildings and other structures in these sensitive landscape areas.
2   Permitted without consent
Environmental protection works; Extensive agriculture; Home-based child care; Home occupations
3   Permitted with consent
Aquaculture; Bed and breakfast accommodation; Cellar door premises; Community facilities; Dual occupancies (attached); Dwelling houses; Environmental facilities; Farm buildings; Farm stay accommodation; Flood mitigation works; Health consulting rooms; Home businesses; Horticulture; Landscaping material supplies; Places of public worship; Plant nurseries; Recreation areas; Recreation facilities (outdoor); Roads; Roadside stalls; Secondary dwellings; Signage; Viticulture; Water storage facilities
4   Prohibited
Industries; Service stations; Warehouse or distribution centres; Any other development not specified in item 2 or 3
Part 3 Exempt and complying development
3.1   Exempt development
Note—
Under section 76 of the Act, exempt development may be carried out without the need for development consent under Part 4 of the Act or for assessment under Part 5 of the Act.
The section states that exempt development:
(a)  must be of minimal environmental impact, and
(b)  cannot be carried out in critical habitat of an endangered species, population or ecological community (identified under the Threatened Species Conservation Act 1995 or the Fisheries Management Act 1994), and
(c)  cannot be carried out in a wilderness area (identified under the Wilderness Act 1987).
(1)  The objective of this clause is to identify development of minimal environmental impact as exempt development.
(2)  Development specified in Schedule 2 that meets the standards for the development contained in that Schedule and that complies with the requirements of this Part is exempt development.
(3)  To be exempt development, the development:
(a)  must meet the relevant deemed-to-satisfy provisions of the Building Code of Australia or, if there are no such relevant provisions, must be structurally adequate, and
(b)  must not, if it relates to an existing building, cause the building to contravene the Building Code of Australia, and
(c)  must not be designated development, and
(d)  must not be carried out on land that comprises, or on which there is, an item that is listed on the State Heritage Register under the Heritage Act 1977 or that is subject to an interim heritage order under the Heritage Act 1977.
(4)  Development that relates to an existing building that is classified under the Building Code of Australia as class 1b or class 2–9 is exempt development only if:
(a)  the building has a current fire safety certificate or fire safety statement, or
(b)  no fire safety measures are currently implemented, required or proposed for the building.
(5)  To be exempt development, the development must:
(a)  be installed in accordance with the manufacturer’s specifications, if applicable, and
(b)  not involve the removal or pruning of a tree or other vegetation that requires a permit or development consent for removal or pruning, unless that removal or pruning is undertaken in accordance with a permit or development consent.
Note—
A permit for the removal or pruning of a tree or other vegetation may be granted under this Plan. A development consent for the removal of native vegetation may be granted where relevant under the Native Vegetation Act 2003.
(6)  A heading to an item in Schedule 2 is part of that Schedule.
3.2   Complying development
Note—
Under section 76A of the Act, development consent for the carrying out of complying development may be obtained by the issue of a complying development certificate.
The section states that development cannot be complying development if:
(a)  it is on land that is critical habitat of an endangered species, population or ecological community (identified under the Threatened Species Conservation Act 1995 or the Fisheries Management Act 1994), or
(b)  it is on land within a wilderness area (identified under the Wilderness Act 1987), or
(c)  the development is designated development, or
(d)  the development is on land that comprises, or on which there is, an item of environmental heritage (that is listed on the State Heritage Register or in Schedule 5 to this Plan or that is subject to an interim heritage order under the Heritage Act 1977), or
(e)  the development requires concurrence (except a concurrence of the Director-General of the Department of Environment, Climate Change and Water in respect of development that is likely to significantly affect a threatened species, population, or ecological community, or its habitat (identified under the Threatened Species Conservation Act 1995)), or
(f)  the development is on land identified as an environmentally sensitive area.
(1)  The objective of this clause is to identify development as complying development.
(2)  Development specified in Part 1 of Schedule 3 that is carried out in compliance with:
(a)  the development standards specified in relation to that development, and
(b)  the requirements of this Part,
is complying development.
Note—
See also clause 5.8 (3) which provides that the conversion of fire alarms is complying development in certain circumstances.
(3)  To be complying development, the development must:
(a)  be permissible, with development consent, in the zone in which it is carried out, and
(b)  meet the relevant deemed-to-satisfy provisions of the Building Code of Australia, and
(c)  have 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.
(4)  A complying development certificate for development specified in Part 1 of Schedule 3 is subject to the conditions (if any) set out or referred to in Part 2 of that Schedule.
(5)  A heading to an item in Schedule 3 is part of that Schedule.
3.3   Environmentally sensitive areas excluded
(1)  Exempt or complying development must not be carried out on any environmentally sensitive area for exempt or complying development.
(2)  For the purposes of this clause:
environmentally sensitive area for exempt or complying development means any of the following:
(a)  the coastal waters of the State,
(b)  a coastal lake,
(d)  land reserved as an aquatic reserve under the Fisheries Management Act 1994 or as a marine park under the Marine Parks Act 1997,
(e)  land within a wetland of international significance declared under the Ramsar Convention on Wetlands or within a World heritage area declared under the World Heritage Convention,
(f)  land within 100 metres of land to which paragraph (c), (d) or (e) applies,
(g)  land identified in this or any other environmental planning instrument as being of high Aboriginal cultural significance or high biodiversity significance,
(h)  land reserved under the National Parks and Wildlife Act 1974 or land acquired under Part 11 of that Act,
(i)  land reserved or dedicated under the Crown Lands Act 1989 for the preservation of flora, fauna, geological formations or for other environmental protection purposes,
(j)  land identified as being critical habitat under the Threatened Species Conservation Act 1995 or Part 7A of the Fisheries Management Act 1994,
(ja)  land identified as riparian land in paragraphs (a) or (b) of clause 7.5 (5),
(jb)  land that forms part of the “Regional Wildlife Habitat Corridor” mapped on the Natural Resources Sensitivity Map,
(jc)  land that is declared to be a special area under the Sydney Water Catchment Management Act 1998.
cl 3.3: Am 2011 (363), Sch 27 [44].
Part 4 Principal development standards
4.1   Minimum subdivision lot size
(1)  The objectives of this clause are as follows:
(a)  to identify minimum lot sizes,
(b)  to ensure that the subdivision of land to create new lots is compatible with the character of the surrounding land and does not compromise existing development or amenity.
(2)  This clause applies to a subdivision of any land shown on the Lot Size Map that requires development consent and that is carried out after the commencement of this Plan.
(3)  The size of any lot resulting from a subdivision of land to which this clause applies is not to be less than the minimum size shown on the Lot Size Map in relation to that land.
(4)  This clause does not apply in relation to the subdivision of individual lots in a strata plan or community title scheme.
4.1AA   Minimum subdivision lot size for community title schemes
[Not adopted]
cl 4.1AA: Ins 2011 (363), Sch 27 [45].
4.2   Rural subdivision
(1)  The objective of this clause is to provide flexibility in the application of standards for subdivision in rural zones to allow land owners a greater chance to achieve the objectives for development in the relevant zone.
(2)  This clause applies to the following rural zones:
(a)  Zone RU1 Primary Production,
(b)  Zone RU2 Rural Landscape,
(c)  Zone RU4 Primary Production Small Lots,
(d)  Zone RU6 Transition.
Note—
When this Plan was made it did not include Zone RU6 Transition.
(3)  Land in a zone to which this clause applies may, with development consent, be subdivided for the purpose of primary production to create a lot of a size that is less than the minimum size shown on the Lot Size Map in relation to that land.
(4)  However, such a lot cannot be created if an existing dwelling would, as the result of the subdivision, be situated on the lot.
(5)  A dwelling cannot be erected on such a lot.
Note—
A dwelling includes a rural worker’s dwelling (see definition of that term in the Dictionary).
4.2A   Erection of dwelling houses on land in certain rural and environmental protection zones
(1)  The objectives of this clause are as follows:
(a)  to minimise the introduction of unplanned rural residential development, and
(b)  to enable the replacement of lawfully erected dwelling houses in rural zones.
(2)  This clause applies to land in the following zones:
Zone RU1 Primary Production,
Zone RU2 Rural Landscape,
Zone RU4 Primary Production Small Lots,
Zone E3 Environmental Management,
Zone E4 Environmental Living.
(3)  Development consent must not be granted for the erection of a dwelling house on a lot in a zone to which this clause applies, and on which no dwelling house has been erected, unless the lot is:
(a)  a lot that is at least the minimum lot size specified for that lot by the Lot Size Map, or
(b)  a lot created before this Plan commenced and on which the erection of a dwelling house was permissible immediately before that commencement, or
(c)  a lot resulting from a subdivision for which development consent (or its equivalent) was granted before this Plan commenced and on which the erection of a dwelling house would have been permissible if the plan of subdivision had been registered before that commencement, or
(d)  an existing holding.
Note—
A dwelling cannot be erected on a lot created under clause 9 of State Environmental Planning Policy (Rural Lands) 2008 or clause 4.2.
(4)  Despite any other provision of this clause, development consent may be granted for the erection of a dwelling house on land in a zone to which this clause applies if:
(a)  there is a lawfully erected dwelling house on the land and the dwelling house to be erected is intended only to replace the existing dwelling house, or
(b)  the land would have been a lot or a holding referred to in subclause (3) had it not been affected by:
(i)  a minor realignment of its boundaries that did not create an additional lot, or
(ii)  a subdivision creating or widening a public road or public reserve or for another public purpose.
(5)  In this clause:
existing holding means all adjoining land, even if separated by a road or railway, held in the same ownership at the time of lodging a development application for the erection of a dwelling house under this clause:
(a)  in relation to land to which the former Bowral Planning Scheme Ordinance applied—on 8 October 1954, or
(b)  in relation to land to which the former Interim Development Order No 1—Shire of Wingecarribee applied—on 18 January 1963, or
(c)  in relation to land to which the former Burradoo and Environs Planning Scheme Ordinance applied—on 23 July 1965, or
(d)  in relation to land to which the former Shire of Mittagong Planning Scheme Ordinance applied—on 16 February 1968,
and includes any other land adjoining that land acquired by the owner since the date mentioned in paragraph (a), (b), (c) or (d).
Note—
The owner in whose ownership all the land is at the time the application is lodged need not be the same person as the owner in whose ownership all the land was on a stated date.
cl 4.2A: Am 2011 (363), Sch 27 [46].
4.3   Height of buildings
(1)  The objectives of this clause are as follows:
(a)  to identify maximum heights of buildings,
(b)  to ensure that the heights of buildings are compatible with the character of the existing development within the surrounding area.
(2)  The height of a building on any land is not to exceed the maximum height shown for the land on the Height of Buildings Map.
4.4   Floor space ratio
(1)  The objectives of this clause are as follows:
(a)  to identify maximum floor space ratios in major centres,
(b)  to ensure that floor space ratios provide development opportunities that are compatible with building heights,
(c)  to encourage development in locations readily accessible to public transport and services that will provide increased employment opportunities.
(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.
4.5   Calculation of floor space ratio and site area
(1) Objectives The objectives of this clause are as follows:
(a)  to define floor space ratio,
(b)  to set out rules for the calculation of the site area of development for the purpose of applying permitted floor space ratios, including rules to:
(i)  prevent the inclusion in the site area of an area that has no significant development being carried out on it, and
(ii)  prevent the inclusion in the site area of an area that has already been included as part of a site area to maximise floor space area in another building, and
(iii)  require community land and public places to be dealt with separately.
(2) Definition of “floor space ratio” The floor space ratio of buildings on a site is the ratio of the gross floor area of all buildings within the site to the site area.
(3) Site area In determining the site area of proposed development for the purpose of applying a floor space ratio, the site area is taken to be:
(a)  if the proposed development is to be carried out on only one lot, the area of that lot, or
(b)  if the proposed development is to be carried out on 2 or more lots, the area of any lot on which the development is proposed to be carried out that has at least one common boundary with another lot on which the development is being carried out.
In addition, subclauses (4)–(7) apply to the calculation of site area for the purposes of applying a floor space ratio to proposed development.
(4) Exclusions from site area The following land must be excluded from the site area:
(a)  land on which the proposed development is prohibited, whether under this Plan or any other law,
(b)  community land or a public place (except as provided by subclause (7)).
(5) Strata subdivisions The area of a lot that is wholly or partly on top of another or others in a strata subdivision is to be included in the calculation of the site area only to the extent that it does not overlap with another lot already included in the site area calculation.
(6) Only significant development to be included The site area for proposed development must not include a lot additional to a lot or lots on which the development is being carried out unless the proposed development includes significant development on that additional lot.
(7) Certain public land to be separately considered For the purpose of applying a floor space ratio to any proposed development on, above or below community land or a public place, the site area must only include an area that is on, above or below that community land or public place, and is occupied or physically affected by the proposed development, and may not include any other area on which the proposed development is to be carried out.
(8) Existing buildings The gross floor area of any existing or proposed buildings within the vertical projection (above or below ground) of the boundaries of a site is to be included in the calculation of the total floor space for the purposes of applying a floor space ratio, whether or not the proposed development relates to all of the buildings.
(9) Covenants to prevent “double dipping” When development consent is granted to development on a site comprised of 2 or more lots, a condition of the consent may require a covenant to be registered that prevents the creation of floor area on a lot (the restricted lot) if the consent authority is satisfied that an equivalent quantity of floor area will be created on another lot only because the site included the restricted lot.
(10) Covenants affect consolidated sites If:
(a)  a covenant of the kind referred to in subclause (9) applies to any land (affected land), and
(b)  proposed development relates to the affected land and other land that together comprise the site of the proposed development,
the maximum amount of floor area allowed on the other land by the floor space ratio fixed for the site by this Plan is reduced by the quantity of floor space area the covenant prevents being created on the affected land.
(11) Definition In this clause, public place has the same meaning as it has in the Local Government Act 1993.
4.6   Exceptions to development standards
(1)  The objectives of this clause are as follows:
(a)  to provide an appropriate degree of flexibility in applying certain development standards to particular development,
(b)  to achieve better outcomes for and from development by allowing flexibility in particular circumstances.
(2)  Development consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by this 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)  Development 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)  Development 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)  Development consent must not be granted under this clause for a subdivision of land in Zone RU1 Primary Production, Zone RU2 Rural Landscape, Zone RU3 Forestry, Zone RU4 Primary Production Small Lots, Zone RU6 Transition, Zone R5 Large Lot Residential, Zone E2 Environmental Conservation, Zone E3 Environmental Management or Zone E4 Environmental Living if:
(a)  the subdivision will result in 2 or more lots of less than the minimum area specified for such lots by a development standard, or
(b)  the subdivision will result in at least one lot that is less than 90% of the minimum area specified for such a lot by a development standard.
Note—
When this Plan was made it did not include Zone RU6 Transition.
(7)  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).
(8)  This clause does not allow development consent to be granted for development that would contravene any of the following:
(a)  a development standard for complying development,
(b)  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,
(c)  clause 5.4,
(ca)  clause 6.1 or 7.10.
cl 4.6: Am 2011 (363), Sch 27 [47].
Part 5 Miscellaneous provisions
5.1   Land acquisition within certain zones
(1)  The objective of this clause is to identify, for the purposes of section 27 of the Act, the authority of the State that will be the relevant authority to acquire land reserved for certain public purposes if the land is required to be acquired under Division 3 of Part 2 of the Land Acquisition (Just Terms Compensation) Act 1991 (the owner-initiated acquisition provisions).
Note—
If the landholder will suffer hardship if there is any delay in the land being acquired by the relevant authority, section 23 of the Land Acquisition (Just Terms Compensation) Act 1991 requires the authority to acquire the land.
(2)  The authority of the State that will be the relevant authority to acquire land, if the land is required to be acquired under the owner-initiated acquisition provisions, is the authority of the State specified below in relation to the land shown on the Land Reservation Acquisition Map (or, if an authority of the State is not specified in relation to land required to be so acquired, the authority designated or determined under those provisions).
Type of land shown on Map
Authority of the State
Zone RE1 Public Recreation and marked “Local open space”
Council
Zone RE1 Public Recreation and marked “Regional open space”
The corporation constituted under section 8 of the Act
Zone SP2 Infrastructure and marked “Classified road”
Roads and Maritime Services
Zone SP2 Infrastructure and marked “Local road”
Council
Zone E1 National Parks and Nature Reserves and marked “National Park”
Minister administering the National Parks and Wildlife Act 1974
Note—
If land, other than land specified in the Table to subclause (2), is required to be acquired under the owner-initiated acquisition provisions, the Minister for Planning is required to take action to enable the designation of the acquiring authority under this clause. Pending the designation of the acquiring authority for that land, the acquiring authority is to be the authority determined by order of the Minister for Planning (see section 21 of the Land Acquisition (Just Terms Compensation) Act 1991).
(3)  Development on land acquired by an authority of the State under the owner-initiated acquisition provisions may, before it is used for the purpose for which it is reserved, be carried out, with development consent, for any purpose.
5.2   Classification and reclassification of public land
(1)  The objective of this clause is to enable the Council to classify or reclassify public land as “operational land” or “community land” in accordance with Part 2 of Chapter 6 of the Local Government Act 1993.
Note—
Under the Local Government Act 1993, “public land” is generally land vested in or under the control of a council (other than roads, Crown reserves and commons). The classification or reclassification of public land may also be made by a resolution of the Council under section 31, 32 or 33 of the Local Government Act 1993. Section 30 of that Act enables this Plan to discharge trusts on which public reserves are held if the land is reclassified under this Plan as operational land.
(2)  The public land described in Part 1 or Part 2 of Schedule 4 is classified, or reclassified, as operational land for the purposes of the Local Government Act 1993.
(3)  The public land described in Part 3 of Schedule 4 is classified, or reclassified, as community land for the purposes of the Local Government Act 1993.
(4)  The public land described in Part 1 of Schedule 4:
(a)  does not cease to be a public reserve to the extent (if any) that it is a public reserve, and
(b)  continues to be affected by any trusts, estates, interests, dedications, conditions, restrictions or covenants that affected the land before its classification, or reclassification, as operational land.
(5)  The public land described in Part 2 of Schedule 4, to the extent (if any) that it is a public reserve, ceases to be a public reserve when the description of the land is inserted into that Part and is discharged from all trusts, estates, interests, dedications, conditions, restrictions and covenants affecting the land or any part of the land, except:
(a)  those (if any) specified for the land in Column 3 of Part 2 of Schedule 4, and
(b)  any reservations that except land out of the Crown grant relating to the land, and
(c)  reservations of minerals (within the meaning of the Crown Lands Act 1989).
Note—
In accordance with section 30 (2) of the Local Government Act 1993, the approval of the Governor to subclause (5) applying to the public land concerned is required before the description of the land is inserted in Part 2 of Schedule 4.
5.3   Development near zone boundaries
[Not adopted]
5.4   Controls relating to miscellaneous permissible uses
(1) Bed and breakfast accommodation If development for the purposes of bed and breakfast accommodation is permitted under this Plan, the accommodation that is provided to guests must consist of no more than 3 bedrooms.
Note—
Any such development that provides for a certain number of guests or rooms may involve a change in the class of building under the Building Code of Australia.
(2) Home businesses If development for the purposes of a home business is permitted under this Plan, the carrying on of the business must not involve the use of more than 100 square metres of floor area.
(3) Home industries If development for the purposes of a home industry is permitted under this Plan, the carrying on of the home industry must not involve the use of more than 100 square metres of floor area.
(4) Industrial retail outlets If development for the purposes of an industrial retail outlet is permitted under this Plan, the retail floor area must not exceed:
(a)  67% of the gross floor area of the industry or rural industry located on the same land as the retail outlet, or
(b)  400 square metres,
whichever is the lesser.
(5) Farm stay accommodation If development for the purposes of farm stay accommodation is permitted under this Plan, the accommodation that is provided to guests must consist of no more than 3 bedrooms.
(6) Kiosks If development for the purposes of a kiosk is permitted under this Plan, the gross floor area must not exceed 15 square metres.
(7) Neighbourhood shops If development for the purposes of a neighbourhood shop is permitted under this Plan, the retail floor area must not exceed 100 square metres.
(8) Roadside stalls If development for the purposes of a roadside stall is permitted under this Plan, the gross floor area must not exceed 20 square metres.
(9) Secondary dwellings If development for the purposes of a secondary dwelling is permitted under this Plan, the total floor area of the dwelling (excluding any area used for parking) must not exceed whichever of the following is the greater:
(a)  60 square metres,
(b)  33% of the total floor area of the principal dwelling.
cl 5.4: Am 2011 (363), Sch 27 [48] [49].
5.5   Development within the coastal zone
[Not applicable]
5.6   Architectural roof features
[Not adopted]
5.7   Development below mean high water mark
[Not applicable]
5.8   Conversion of fire alarms
(1)  This clause applies to a fire alarm system that can be monitored by Fire and Rescue NSW or by a private service provider.
(2)  The following development may be carried out, but only with development consent:
(a)  converting a fire alarm system from connection with the alarm monitoring system of Fire and Rescue NSW to connection with the alarm monitoring system of a private service provider,
(b)  converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with the alarm monitoring system of another private service provider,
(c)  converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with a different alarm monitoring system of the same private service provider.
(3)  Development to which subclause (2) applies is complying development if it consists only of:
(a)  internal alterations to a building, or
(b)  internal alterations to a building together with the mounting of an antenna, and any support structure, on an external wall or roof of a building so as to occupy a space of not more than 450mm × 100mm × 100mm.
(4)  A complying development certificate for any such complying development is subject to a condition that any building work may only be carried out between 7.00 am and 6.00 pm on Monday to Friday and between 7.00 am and 5.00 pm on Saturday, and must not be carried out on a Sunday or a public holiday.
(5)  In this clause:
private service provider means a person or body that has entered into an agreement that is in force with Fire and Rescue NSW to monitor fire alarm systems.
5.9   Preservation of trees or vegetation
(1)  The objective of this clause is to preserve the amenity of the area, including biodiversity values, through the preservation of trees and other vegetation.
(2)  This clause applies to species or kinds of trees or other vegetation that are prescribed for the purposes of this clause by a development control plan made by the Council.
Note—
A development control plan may prescribe the trees or other vegetation to which this clause applies by reference to species, size, location or other manner.
(3)  A person must not ringbark, cut down, top, lop, remove, injure or wilfully destroy any tree or other vegetation to which any such development control plan applies without the authority conferred by:
(a)  development consent, or
(b)  a permit granted by the Council.
(4)  The refusal by the Council to grant a permit to a person who has duly applied for the grant of the permit is taken for the purposes of the Act to be a refusal by the Council to grant consent for the carrying out of the activity for which a permit was sought.
(5)  This clause does not apply to a tree or other vegetation that the Council is satisfied is dying or dead and is not required as the habitat of native fauna.
(6)  This clause does not apply to a tree or other vegetation that the Council is satisfied is a risk to human life or property.
(7)  A permit under this clause cannot allow any ringbarking, cutting down, topping, lopping, removal, injuring or destruction of a tree or other vegetation:
(a)  that is or forms part of a heritage item or that is within a heritage conservation area, or
(b)  that is or forms part of an Aboriginal object or that is within an Aboriginal place of heritage significance,
unless the Council is satisfied that the proposed activity:
(c)  is of a minor nature or is for the maintenance of the heritage item, Aboriginal object, Aboriginal place of heritage significance or heritage conservation area, and
(d)  would not adversely affect the heritage significance of the heritage item, Aboriginal object, Aboriginal place of heritage significance or heritage conservation area.
Note—
As a consequence of this subclause, the activities concerned will require development consent. The heritage provisions of clause 5.10 will be applicable to any such consent.
(8)  This clause does not apply to or in respect of:
(a)  the clearing of native vegetation:
(i)  that is authorised by a development consent or property vegetation plan under the Native Vegetation Act 2003, or
(ii)  that is otherwise permitted under Division 2 or 3 of Part 3 of that Act, or
(b)  the clearing of vegetation on State protected land (within the meaning of clause 4 of Schedule 3 to the Native Vegetation Act 2003) that is authorised by a development consent under the provisions of the Native Vegetation Conservation Act 1997 as continued in force by that clause, or
(c)  trees or other vegetation within a State forest, or land reserved from sale as a timber or forest reserve under the Forestry Act 1916, or
(d)  action required or authorised to be done by or under the Electricity Supply Act 1995, the Roads Act 1993 or the Surveying and Spatial Information Act 2002, or
(e)  plants declared to be noxious weeds under the Noxious Weeds Act 1993.
Note—
Permissibility may be a matter that is determined by or under any of these Acts.
(9)  [Not adopted]
cl 5.9: Am 2011 (363), Sch 27 [50].
5.9AA   Trees or vegetation not prescribed by development control plan
(1)  This clause applies to any tree or other vegetation that is not of a species or kind prescribed for the purposes of clause 5.9 by a development control plan made by the Council.
(2)  The ringbarking, cutting down, topping, lopping, removal, injuring or destruction of any tree or other vegetation to which this clause applies is permitted without development consent.
5.10   Heritage conservation
Note—
Heritage items (if any) are listed and described in Schedule 5. Heritage conservation areas (if any) are shown on the Heritage Map as well as being described in Schedule 5.
(1) Objectives The objectives of this clause are as follows:
(a)  to conserve the environmental heritage of Wingecarribee,
(b)  to conserve the heritage significance of heritage items and heritage conservation areas, including associated fabric, settings and views,
(c)  to conserve archaeological sites,
(d)  to conserve Aboriginal objects and Aboriginal places of heritage significance.
(2) Requirement for consent Development consent is required for any of the following:
(a)  demolishing or moving any of the following or altering the exterior of any of the following (including, in the case of a building, making changes to its detail, fabric, finish or appearance):
(i)  a heritage item,
(ii)  an Aboriginal object,
(iii)  a building, work, relic or tree within a heritage conservation area,
(b)  altering a heritage item that is a building by making structural changes to its interior or by making changes to anything inside the item that is specified in Schedule 5 in relation to the item,
(c)  disturbing or excavating an archaeological site while knowing, or having reasonable cause to suspect, that the disturbance or excavation will or is likely to result in a relic being discovered, exposed, moved, damaged or destroyed,
(d)  disturbing or excavating an Aboriginal place of heritage significance,
(e)  erecting a building on land:
(i)  on which a heritage item is located or that is within a heritage conservation area, or
(ii)  on which an Aboriginal object is located or that is within an Aboriginal place of heritage significance,
(f)  subdividing land:
(i)  on which a heritage item is located or that is within a heritage conservation area, or
(ii)  on which an Aboriginal object is located or that is within an Aboriginal place of heritage significance.
(3) When consent not required However, development consent under this clause is not required if:
(a)  the applicant has notified the consent authority of the proposed development and the consent authority has advised the applicant in writing before any work is carried out that it is satisfied that the proposed development:
(i)  is of a minor nature or is for the maintenance of the heritage item, Aboriginal object, Aboriginal place of heritage significance or archaeological site or a building, work, relic, tree or place within the heritage conservation area, and
(ii)  would not adversely affect the heritage significance of the heritage item, Aboriginal object, Aboriginal place, archaeological site or heritage conservation area, or
(b)  the development is in a cemetery or burial ground and the proposed development:
(i)  is the creation of a new grave or monument, or excavation or disturbance of land for the purpose of conserving or repairing monuments or grave markers, and
(ii)  would not cause disturbance to human remains, relics, Aboriginal objects in the form of grave goods, or to an Aboriginal place of heritage significance, or
(c)  the development is limited to the removal of a tree or other vegetation that the Council is satisfied is a risk to human life or property, or
(d)  the development is exempt development.
(4) Effect of proposed development on heritage significance The consent authority must, before granting consent under this clause in respect of a heritage item or heritage conservation area, consider the effect of the proposed development on the heritage significance of the item or area concerned. This subclause applies regardless of whether a heritage management document is prepared under subclause (5) or a heritage conservation management plan is submitted under subclause (6).
(5) Heritage assessment The consent authority may, before granting consent to any development:
(a)  on land on which a heritage item is located, or
(b)  on land that is within a heritage conservation area, or
(c)  on land that is within the vicinity of land referred to in paragraph (a) or (b),
require a heritage management document to be prepared that assesses the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item or heritage conservation area concerned.
(6) Heritage conservation management plans The consent authority may require, after considering the heritage significance of a heritage item and the extent of change proposed to it, the submission of a heritage conservation management plan before granting consent under this clause.
(7) Archaeological sites The consent authority must, before granting consent under this clause to the carrying out of development on an archaeological site (other than land listed on the State Heritage Register or to which an interim heritage order under the Heritage Act 1977 applies):
(a)  notify the Heritage Council of its intention to grant consent, and
(b)  take into consideration any response received from the Heritage Council within 28 days after the notice is sent.
(8) Aboriginal places of heritage significance The consent authority must, before granting consent under this clause to the carrying out of development in an Aboriginal place of heritage significance:
(a)  consider the effect of the proposed development on the heritage significance of the place and any Aboriginal object known or reasonably likely to be located at the place by means of an adequate investigation and assessment (which may involve consideration of a heritage impact statement), and
(b)  notify the local Aboriginal communities, in writing or in such other manner as may be appropriate, about the application and take into consideration any response received within 28 days after the notice is sent.
(9) Demolition of nominated State heritage items The consent authority must, before granting consent under this clause for the demolition of a nominated State heritage item:
(a)  notify the Heritage Council about the application, and
(b)  take into consideration any response received from the Heritage Council within 28 days after the notice is sent.
(10) Conservation incentives The consent authority may grant consent to development for any purpose of a building that is a heritage item or of the land on which such a building is erected, or for any purpose on an Aboriginal place of heritage significance, even though development for that purpose would otherwise not be allowed by this Plan, if the consent authority is satisfied that:
(a)  the conservation of the heritage item or Aboriginal place of heritage significance is facilitated by the granting of consent, and
(b)  the proposed development is in accordance with a heritage management document that has been approved by the consent authority, and
(c)  the consent to the proposed development would require that all necessary conservation work identified in the heritage management document is carried out, and
(d)  the proposed development would not adversely affect the heritage significance of the heritage item, including its setting, or the heritage significance of the Aboriginal place of heritage significance, and
(e)  the proposed development would not have any significant adverse effect on the amenity of the surrounding area.
5.11   Bush fire hazard reduction
Bush fire hazard reduction work authorised by the Rural Fires Act 1997 may be carried out on any land without development consent.
Note—
The Rural Fires Act 1997 also makes provision relating to the carrying out of development on bush fire prone land.
5.12   Infrastructure development and use of existing buildings of the Crown
(1)  This Plan 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 development consent, or that is exempt development, under State Environmental Planning Policy (Infrastructure) 2007.
(2)  This Plan does not restrict or prohibit, or enable the restriction or prohibition of, the use of existing buildings of the Crown by the Crown.
5.13   Eco-tourist facilities
[Not applicable]
cl 5.13: Ins 2011 (363), Sch 27 [51].
Part 6 Urban release areas
6.1   Arrangements for designated State public infrastructure
(1)  The objective of this clause is to require satisfactory arrangements to be made for the provision of designated State public infrastructure before the subdivision of land in an urban release area to satisfy needs that arise from development on the land, but only if the land is developed intensively for urban purposes.
(2)  Development consent must not be granted for the subdivision of land in an urban release area if the subdivision would create a lot smaller than the minimum lot size permitted on the land immediately before the land became, or became part of, an urban release area, unless the Director-General has certified in writing to the consent authority that satisfactory arrangements have been made to contribute to the provision of designated State public infrastructure in relation to that lot.
(3)  Subclause (2) does not apply to:
(a)  any lot identified in the certificate as a residue lot, or
(b)  any lot to be created by a subdivision of land that was the subject of a previous development consent granted in accordance with this clause, or
(c)  any lot that is proposed in the development application to be reserved or dedicated for public open space, public roads, public utility undertakings, educational facilities or any other public purpose, or
(d)  a subdivision for the purpose only of rectifying an encroachment on any existing lot, or
(e)  an urban release area for which a planning agreement was adopted or other satisfactory arrangement made before the commencement of this Plan.
(4)  This clause does not apply to land in an urban release area if all or any part of the land is in a special contributions area (as defined by section 93C of the Act).
cl 6.1: Am 2011 (363), Sch 27 [52].
6.2   Development control plan
(1)  The objective of this clause is to ensure that development on land in an urban release area occurs in a logical and cost-effective manner, in accordance with a staging plan and only after a development control plan that includes specific controls has been prepared for the land.
(2)  Development consent must not be granted for development on land in an urban release area unless a development control plan that provides for the matters specified in subclause (3) has been prepared for the land.
(3)  The development control plan must provide for all of the following:
(a)  a staging plan for the timely and efficient release of urban land making provision for necessary infrastructure and sequencing,
(b)  an overall transport movement hierarchy showing the major circulation routes and connections to achieve a simple and safe movement system for private vehicles, public transport, pedestrians and cyclists,
(c)  an overall landscaping strategy for the protection and enhancement of riparian areas and remnant vegetation, including visually prominent locations, and detailed landscaping requirements for both the public and private domain,
(d)  a network of passive and active recreational areas,
(e)  stormwater and water quality management controls,
(f)  amelioration of natural and environmental hazards, including bushfire, flooding and site contamination and, in relation to natural hazards, the safe occupation of, and the evacuation from, any land so affected,
(g)  detailed urban design controls for significant development sites,
(h)  measures to encourage higher density living around transport, open space and service nodes,
(i)  measures to accommodate and control appropriate neighbourhood commercial and retail uses,
(j)  suitably located public facilities and services, including provision for appropriate traffic management facilities and parking.
(4)  Subclause (2) does not apply to any of the following development:
(a)  a subdivision for the purpose of a realignment of boundaries that does not create additional lots,
(b)  a subdivision of land if any of the lots proposed to be created is to be reserved or dedicated for public open space, public roads or any other public or environmental protection purpose,
(c)  a subdivision of land in a zone in which the erection of structures is prohibited,
(d)  proposed development on land that is of a minor nature only, if the consent authority is of the opinion that the carrying out of the proposed development would be consistent with the objectives of the zone in which the land is situated.
6.3   Relationship between Part and remainder of Plan
A provision of this Part prevails over any other provision of this Plan to the extent of any inconsistency.
Part 7 Additional local provisions
7.1   Development on existing lots in Zones R2, R3 and R5
(1)  This clause applies to lots in Zone R2 Low Density Residential, Zone R3 Medium Density Residential and R5 Large Lot Residential that were created before the commencement of this Plan and:
(a)  have an area that is at least the minimum lot size specified for that lot on the Lot Size Map, or
(b)  on which the erection of a dwelling house was permissible immediately before that commencement, or
(c)  if located in Zone R2 Low Density Residential at Hill Top, have:
(i)  an area of not less than 700 square metres, and
(ii)  a width of not less than 20 metres at the front alignment of the dwelling house, or
(d)  if located in R5 Large Lot Residential west of Cumberteen Street, Hill Top, have an area of not less than 4,000 square metres.
(2)  Despite any other provision of this Plan, development consent may be granted for the erection of a dwelling house, dual occupancy development or multi dwelling housing on a lot to which this clause applies, if the development is permissible with consent on the land.
(3)  Development consent may only be granted under this clause for development on lots referred to in subclause (1) (d) if the lots, in the opinion of the consent authority, are suitable for such a purpose having regard to:
(a)  the availability of vehicular access to the land, and
(b)  the availability of public utility services to the land, and
(c)  the physical, geotechnical, drainage, flooding and bush fire risk characteristics of the land.
7.2   Requirements for subdividing dual occupancies in Zones R2 and B1
(1)  The objectives of this clause are as follows:
(a)  to provide opportunities for housing on smaller lots in suitable locations on land in Zone R2 Low Density Residential and Zone B1 Neighbourhood Centre,
(b)  to protect the heritage significance of the historic village of Berrima.
(2)  Despite any other provision of this Plan, development consent may be granted for the subdivision of a lawfully erected dual occupancy in Zone R2 Low Density Residential, only if the development:
(a)  is on a corner allotment of not less than 1,000 square metres, and
(b)  has access to a reticulated town water supply and sewerage system.
(3)  Despite subclause (2), development consent must not be granted for the subdivision of a lawfully erected dual occupancy on land in Zone R2 Low Density Residential or Zone B1 Neighbourhood Centre if the land is located within the Berrima Conservation Area as shown on the Heritage Map.
7.3   Earthworks
(1)  The objectives of this clause are as follows:
(a)  to ensure that any earthworks will not have a detrimental impact on environmental functions and processes, neighbouring uses or heritage items and features surrounding land,
(b)  to allow earthworks of a minor nature without separate development consent.
(2)  Development consent is required for earthworks unless:
(a)  the work does not alter the ground level (existing) by more than 800 millimetres, or
(b)  the work is exempt development under this Plan or another applicable environmental planning instrument, or
(c)  the work is ancillary to other development for which development consent has been granted.
(3)  Before granting development consent for earthworks, the consent authority must consider the following matters:
(a)  the likely disruption of, or any detrimental effect on, existing drainage patterns and soil stability in the locality,
(b)  the effect of the proposed development on the likely future use or redevelopment of the land,
(c)  the quality of the fill or of the soil to be excavated, or both,
(d)  the effect of the proposed development on the existing and likely amenity of adjoining properties,
(e)  the source of any fill material or the destination of any excavated material,
(f)  the likelihood of disturbing Aboriginal objects or other relics,
(g)  proximity to and potential for adverse impacts on any watercourse, drinking water catchment or environmentally sensitive area.
7.4   Natural resources sensitivity—biodiversity
(1)  The objective of this clause is to maintain terrestrial and aquatic biodiversity, including:
(a)  protecting native fauna and flora, and
(b)  protecting the ecological processes necessary for their continued existence, and
(c)  encouraging the recovery of native fauna and flora, and their habitats.
(2)  This clause applies to land identified as “Regional Wildlife Habitat Corridor” on the Natural Resources Sensitivity Map.
(3)  Before granting development consent for development on land to which this clause applies, the consent authority must consider any potential adverse impact of the proposed development on the following:
(a)  the native ecological community,
(b)  the habitat of any threatened species, population or ecological community,
(c)  any regionally significant species of fauna, flora or habitat,
(d)  habitat elements providing connectivity.
(4)  Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied that:
(a)  the development is designed, sited and managed to avoid any potential adverse environmental impact, or
(b)  if that impact cannot be avoided—the development is designed, sited and will be managed to minimise that impact, or
(c)  if that impact cannot be minimised—the development will be managed to mitigate that impact.
7.5   Natural resources sensitivity—water
(1)  The objective of this clause is to maintain the hydrological functions of riparian land waterways and aquifers, including:
(a)  protecting water quality, and
(b)  protecting natural water flows, and
(c)  protecting stability of the bed and banks of waterways, and
(d)  protecting groundwater systems.
(2)  This clause applies to riparian land or land identified as “Natural Waterbodies” on the Natural Resources Sensitivity Map.
(3)  Before granting development consent for development on land to which this clause applies, the consent authority must consider any potential adverse impact of the proposed development on the following:
(a)  the natural flow regime,
(b)  the water quality of receiving waters,
(c)  the waterway’s natural flow paths,
(d)  the stability of the waterway’s bed, shore and banks,
(e)  the flow, capacity and quality of groundwater systems.
(4)  Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied that:
(a)  the development is designed, sited and managed to avoid any potential adverse environmental impact, or
(b)  if that impact cannot be avoided—the development is designed, sited and will be managed to minimise that impact, or
(c)  if that impact cannot be minimised—the development will be managed to mitigate that impact.
(5)  In this clause, riparian land means land identified as “Riparian Land” on the Natural Resources Sensitivity Map and adjoining a natural waterbody that is:
(a)  within 50 metres from the top of bank of Category 1 streams (marked red on the Natural Resources Sensitivity Map), or
(b)  within 30 metres from the top of bank of Category 2 streams (marked blue on the Natural Resources Sensitivity Map), or
(c)  within 10 metres from the top of bank of Category 3 streams (marked green on the Natural Resources Sensitivity Map).
7.6   Extractive materials
(1)  The objective of this clause is to provide for the proper management and development of mineral and extractive resources for the purpose of promoting social and economic benefits to Wingecarribee and the State.
(2)  This clause applies to land identified on the Minerals and Extractive Resources Land Map as “Identified and Potential Extractive Material” or “Identified and Potential Extractive Material-Buffer Zone”.
(3)  Development consent must not be granted for development on land to which this clause applies unless the consent authority has considered the following:
(a)  whether the proposed development would have any adverse impact on the availability of mineral or extractive resources, and
(b)  whether there would be any adverse impact on the proposed development arising from the extractive industries or associated activities.
7.7   Subdivision applications for Exeter Quarry
(1)  This clause applies to Lot 1, DP 611935, part Lot 1, DP 857562, Lot 2, DP 537292, Lot B, DP 395847, Lots 4, 5, 6 and part Lot 7, Section 1, DP 978852 and the road reserve, as shown edged heavy black and marked “Exeter Quarry” on the Local Clauses Map.
(2)  Despite any other provision of this Plan, development consent may be granted to the subdivision of land to which this clause applies for the creation of:
(a)  not more than 25 rural residential lots, each with an area of not less than 2 hectares, and
(b)  one other lot, with an area of not less than 2 hectares.
(3)  Despite any other provision of this Plan, a person may, with development consent, erect a single dwelling house on each of the rural residential lots created.
7.8   Subdivision land adjoining Vine Lodge, Exeter
(1)  This clause applies to Lot A, DP 927745 and Lot 4, DP 660174, as shown edged heavy black and marked “Vine Lodge” on the Local Clauses Map.
(2)  Despite any other provision of this Plan, development consent may be granted to the subdivision of land to which this clause applies for the creation of not more than 25 lots.
(3)  Despite any other provision of this Plan, a person may, with development consent, erect a single dwelling house on each of the lots created.
7.9   Flood planning
(1)  The objectives of this clause are as follows:
(a)  to minimise the flood risk to life and property associated with the use of land,
(b)  to allow development on land that is compatible with the land’s flood hazard, taking into account projected climate change,
(c)  to avoid significant adverse impacts on flood behaviour and the environment.
(2)  This clause applies to:
(a)  land that is shown as “Flood Planning Area” on the Flood Planning Area Map, and
(b)  other land at or below the flood planning level.
(3)  Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied that the development:
(a)  is compatible with the flood hazard of the land, and
(b)  will not significantly adversely affect flood behaviour resulting in detrimental increases in the potential flood affectation of other development or properties, and
(c)  incorporates appropriate measures to manage risk to life from flood, and
(d)  will not significantly adversely affect the environment or cause avoidable erosion, siltation, destruction of riparian vegetation or a reduction in the stability of river banks or watercourses, and
(e)  will not be likely to result in unsustainable social and economic costs to the community as a consequence of flooding.
(4)  A word or expression used in this clause has the same meaning as it has in the NSW Government’s Floodplain Development Manual published in 2005, unless it is otherwise defined in this clause.
(5)  In this clause:
flood planning level means the level of a 1:100 ARI (average recurrent interval) flood event plus 0.5 metres freeboard.
Flood Planning Area Map means the Wingecarribee Local Environmental Plan 2010 Flood Planning Area Map.
7.10   Public utility infrastructure
(1)  This clause applies to land in urban release areas and also to land in Zone RU4 Primary Production Small Lots, R2 Low Density Residential, R5 Large Lot Residential and E4 Environmental Living.
(2)  Development consent must not be granted for development on land to which this clause applies unless the Council 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.
(3)  This clause does not apply to development for the purpose of providing, extending, augmenting, maintaining or repairing any public utility infrastructure.
cl 7.10: Am 2011 (363), Sch 27 [46].
Schedule 1 Additional permitted uses
(Clause 2.5)
Note—
The land on which the following additional permitted uses are permitted is shown on the Schedule 1 Map and edged in red and numbered as indicated for the following clause numbers.
1   Use of certain land at Emily Street, Balmoral
(1)  This clause applies to land at Emily Street, Balmoral, being Lots 21–24, Section 4, DP 2500.
(2)  Development for the purposes of a dwelling house is permitted with consent.
2   Use of certain land at Gibraltar Road, Bowral
(1)  This clause applies to land at Gibraltar Road, Bowral, being Lot 106, DP 15496.
(2)  Development for the purposes of a dwelling house is permitted with consent.
3   Use of certain land at David Street, Bowral
(1)  This clause applies to land at Berida Manor, David Street, Bowral, being SP 36297.
(2)  Development for the purposes of tourist and visitor accommodation is permitted with consent.
4   Use of certain land at Centennial Road, Bowral
(1)  This clause applies to land at Centennial Road, Bowral, being Lots 4–11, DP 1109214 and Lots 1 and 2, DP 1101892.
(2)  Development for the purposes of seniors housing is permitted with consent.
5   Use of certain land at Wingecarribee Street, Bowral
(1)  This clause applies to land at 52 Wingecarribee Street, Bowral, being Lot 1, DP 801605.
(2)  Development for the purposes of office premises is permitted with consent.
6   Use of certain land at Braemar Avenue, Braemar
(1)  This clause applies to land at Braemar Lodge, Braemar Avenue, Braemar, being Lot 8, DP 261563.
(2)  Development for the purposes of tourist and visitor accommodation is permitted with consent.
7   Use of certain land at Old Hume Highway, Braemar
(1)  This clause applies to land at Old Hume Highway, Braemar, being Lot 14, Section 1, DP 793, Lot 1, DP 1036857 and Lots 1 and 2, DP 1078394.
(2)  Development for the purposes of business premises and retail premises is permitted with consent.
8   Use of certain land at Moss Vale Road, Burradoo
(1)  This clause applies to land at Corner Charlotte Street and Moss Vale Road, Burradoo, being Lot 1, DP 793738 and Lots 1 and 8, DP 2144.
(2)  Development for the purposes of seniors housing is permitted with consent.
9   Use of certain land at Tugalong Road, Canyonleigh
(1)  This clause applies to land at Tugalong Road, Canyonleigh, being Lot 100, DP 1049040.
(2)  Development for the purposes of animal boarding or training establishments, tourist and visitor accommodation and associated uses is permitted with consent.
(3)  Development for the purposes of a community scheme for a tourist facility and associated uses that include the subdivision of land for the following is permitted with consent:
(a)  community association common property lots with a minimum lot size of 5 ha,
(b)  60 private lots for individual detached guest accommodation units with a minimum lot size of 1 ha.
10   Use of certain land at Tugalong Road, Canyonleigh
(1)  This clause applies to land at Tugalong Road, Canyonleigh, being Lot 1, DP 852803.
(2)  Development for the purposes of a child care centre, health services facility, office premises (for the purposes of a real estate office), restaurant or cafe, shop (for the provision of beauty and hair salon) and shop (for the sale of wine and produce) is permitted with consent.
11   Use of certain land at Drapers Road, Colo Vale
(1)  This clause applies to land at Drapers Road, Colo Vale, being Lot 2, DP 700350.
(2)  Development for the purposes of a dwelling house is permitted with consent.
12   Use of certain land at Kangaloon Road, Glenquarry
(1)  This clause applies to land at Kangaloon Road, Glenquarry, being Lot 1, DP 787665.
(2)  Development for the purposes of a dwelling house is permitted with consent.
13   Use of certain land at Wattle Ridge Road, Hill Top
(1)  This clause applies to land at Wattle Ridge Road, Hill Top, being Lot 104, DP 751271.
(2)  Development for the purposes of a 2 lot subdivision with a single dwelling house on each lot is permitted with consent.
14   Use of certain land at Joadja Road, Joadja
(1)  This clause applies to land at Joadja Road, Joadja, being Lots 122–124 and 126–131, DP 751276.
(2)  Development for the purposes of intensive livestock agriculture being a piggery and associated waste management and disposal activities is permitted with consent.
15   Use of certain land at Joadja Road, Joadja
(1)  This clause applies to land at Joadja Road, Joadja, being Lots 138–141, 173, 182 and 183, DP 751276.
(2)  Development for the purposes of intensive livestock agriculture being the disposal of waste, composted material and effluent from Boen Boe piggery activities is permitted with consent.
16   Use of certain land at Old Hume Highway, Mittagong
(1)  This clause applies to land at Melrose Motel, Old Hume Highway, Mittagong, being Lot 11, DP 621435.
(2)  Development for the purposes of hotel or motel accommodation and shops is permitted with consent.
17   Use of certain land at Old Hume Highway, Mittagong
(1)  This clause applies to land at Mittagong Motel, Old Hume Highway, Mittagong, being Lots 1–3, Section 12, DP 1031364.
(2)  Development for the purposes of hotel or motel accommodation is permitted with consent.
18   Use of certain land at Picton-Mittagong Loop Line
(1)  This clause applies to land at Picton-Mittagong, being part of the Picton-Mittagong Loop Line adjacent to the eastern side of Lot 172, DP 751267 and Lots 7310 and 7311, DP 1145892.
(2)  Development for the purposes of extractive industries is permitted with consent.
19   Use of certain land at Argyle Street, Moss Vale
(1)  This clause applies to land at 609 Argyle Street, Moss Vale, being Lot 1, DP 531671.
(2)  Development for the purposes of a service station and food and drink premises is permitted with consent.
20   Use of certain land at Elizabeth Street, Moss Vale
(1)  This clause applies to land at Elizabeth Street, Moss Vale, being Lot 1, DP 1003779.
(2)  Development for the purposes of office premises is permitted with consent.
21   Use of certain land at Moss Vale Industrial Corridor
(1)  This clause applies to land known as the Moss Vale Industrial Corridor, edged red on the Schedule 1 Map and numbered 21.
(2)  Development for the purposes of tourist and visitor accommodation is permitted with consent.
22   Use of certain land at Yarrawa Street, Moss Vale
(1)  This clause applies to land at 19 Yarrawa Street, Moss Vale, being Lot 100, DP 1037724 and Lot B, DP 161550.
(2)  Development for the purposes of a registered club is permitted with consent.
23   Use of certain land known as Renwick Urban Release Area
(1)  This clause applies to land known as the Renwick Urban Release Area, edged red on the Schedule 1 Map and numbered 30.
(2)  Development for the following purposes is permitted with consent:
(a)  on land in Zone R5 Large Lot Residential—exhibition villages,
(b)  on land in Zone B1 Neighbourhood Centre—attached dwellings, exhibition homes, exhibition villages, multi dwelling housing, shops.
24   Use of certain land at Illawarra Highway, Robertson
(1)  This clause applies to land at Corner Illawarra Highway and East Street, Robertson, being Lots 5 and 6, DP 805522.
(2)  Development for the purposes of landscaping material supplies and a plant nursery is permitted with consent.
25   Use of certain land at Vandenberg Road, Robertson
(1)  This clause applies to land at Vandenberg Road, Robertson, being Lots 52–57, DP 30332.
(2)  Development for the purposes of a dwelling house is permitted with consent.
26   Use of certain land at Hume Highway, Sutton Forest
(1)  This clause applies to land at Sutton Forest Service Centre, Hume Highway, being Lots 7 and 10, DP 811912 and Lot 11 and part Lot 12, DP 857127.
(2)  Development for the purposes of a caravan park (with holiday cabins), highway service centre, hotel or motel accommodation, information and education facility, markets, neighbourhood shop and recreation area is permitted with consent.
27   Use of certain land at Illawarra Highway, Sutton Forest
(1)  This clause applies to land at Illawarra Highway, Sutton Forest, being Lot 1, DP 64663.
(2)  Development for the purposes of hotel or motel accommodation and function centre is permitted with consent.
28   Use of certain land at Old Hume Highway, Welby
(1)  This clause applies to land at Old Hume Highway, Welby, being Lots 3 and 8, Section 6, DP 759070 and Lot 2, DP 1019107.
(2)  Development for the purposes of landscaping material supplies and a plant nursery is permitted with consent.
29   Use of certain land at Bresnahans Lane, Wildes Meadow
(1)  This clause applies to land at Bresnahans Lane, Wildes Meadow, being Lot 3, DP 1015257.
(2)  Development for the purposes of a dwelling house is permitted with consent.
30   Use of part road reserve, Hume Highway, Yerrinbool
(1)  This clause applies to part road reserve, Hume Highway, Yerrinbool, being Lots 15 and 17, DP 245509 and part Lot 7301, DP 1146841.
(2)  Development for the purposes of extractive industries is permitted with consent.
sch 1: Am 2011 (363), Sch 27 [53] [54].
Schedule 2 Exempt development
(Clause 3.1)
Note 1—
State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies exempt development under that Policy. The Policy has State-wide application. This Schedule contains additional exempt development not specified in that Policy.
Note 2—
Exempt development may be carried out without the need for development consent under the Act. Such development is not exempt from any approval, licence, permit or authority that is required under any other Act and adjoining owners’ property rights and the common law still apply.
Cemeteries or burial grounds
(1)  Development must only involve:
(a)  the creation of a new grave or monument, or
(b)  an excavation or disturbance of land for the purpose of carrying out the conservation or repair of a monument or grave marker.
(2)  Must not disturb human remains, relics in the form of grave goods or an Aboriginal place of heritage significance.
Lighting (external)
(1)  Must not be for the lighting of tennis courts or sports fields.
(2)  Must not cause glare to adjoining properties or streets.
Public events
Use of public land (including a public reserve or public road) for public events, including stalls, meetings, exhibitions, entertainment or similar community, cultural or commercial purposes:
(a)  proposed event must be consistent with any applicable plan of management under the Local Government Act 1993 for the land,
(b)  development must be carried out in accordance with a licence or hire agreement granted by the Council,
(c)  must not be located on bush fire prone land.
Wind monitoring towers
(1)  Must be a temporary structure that is removed within 30 months of being erected.
(2)  Maximum height—110m.
(3)  Must not be erected within 1km of a school.
(4)  Must not be erected within 1km of a dwelling (except with the prior consent in writing of the owner of the dwelling).
(5)  Must not be erected within 100m of a public road.
(6)  Must not be erected within 1km of another wind monitoring tower.
(7)  Must not be erected within 500m of an item that is listed on the State Heritage Register under the Heritage Act 1977.
(8)  Must be erected in accordance with the manufacturer’s specifications.
(9)  Site must be enclosed by a fence that prevents unauthorised persons from entering the site.
sch 2: Am 2011 (363), Sch 27 [55].
Schedule 3 Complying development
(Clause 3.2)
Note—
State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies complying development and the complying development conditions for that development under that Policy. The Policy has State-wide application. This Schedule contains additional complying development not specified in that Policy.
Part 1 Types of development
Recreation facilities (tennis courts)
(1)  Must be on land on which a dwelling house is erected.
(2)  Must only be for private use.
(3)  Must be set back at least 2m from each property boundary.
(4)  Must be located behind the building line.
(5)  Maximum height of perimeter protective netting or wire—3m above ground level (existing).
(6)  Must not be illuminated.
(7)  Must be constructed so that it drains directly into the constructed on-site stormwater drainage system.
(8)  Perimeter protective netting must be installed in accordance with the manufacturer’s specifications.
Recreation facilities (hit-up walls)
(1)  Must be on land on which a dwelling house is erected.
(2)  Must only be for private use.
(3)  Must be set back at least 2m from each property boundary.
(4)  Must be located behind the building line.
(5)  Bulk and scale:
(a)  maximum height—3m above ground level (existing),
(b)  maximum length—7m.
(6)  Must not be illuminated.
(7)  Paved area associated with the wall must be constructed so that it drains directly into the constructed on-site stormwater drainage system.
(8)  Perimeter protective netting must be installed in accordance with the manufacturer’s specifications.
(9)  The window of any habitable room of a dwelling house, a clothes drying area or designated barbecue, playground or primary recreation area, including a swimming pool, located on adjoining land must not be in the shadow of the development between 10.00 am and 3.00 pm on 21 June.
Part 2 Complying development certificate conditions
Note—
Complying development must comply with the requirements of the Act, the regulations under the Act and this Plan.
General conditions
Any development specified in Part 1 is subject to the same conditions set out in Division 3 of Part 3 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.
sch 3: Am 2011 (363), Sch 27 [56].
Schedule 4 Classification and reclassification of public land
(Clause 5.2)
Part 1 Land classified, or reclassified, as operational land—no interests changed
Column 1
Column 2
Locality
Description
Nil
Nil
Part 2 Land classified, or reclassified, as operational land—interests changed
Column 1
Column 2
Column 3
Locality
Description
Any trust etc not discharged
Braemar
Lot 12, DP 788983, Government Road
Nil
Hill Top
Lots 16 and 17, Sec 3, DP 6221, 104–106 Wilson Drive (Hill Top Memorial Hall)
Nil
Mittagong
Lot 33, DP 9299, Rainbow Road and Old Hume Highway (Mineral Springs Reserve)
Nil
Part 3 Land classified, or reclassified, as community land
Column 1
Column 2
Locality
Description
Bowral
Lot 20, DP 862590, Oxley Drive
Schedule 5 Environmental heritage
(Clause 5.10)
Part 1 Heritage items
Suburb
Item name
Address
Property description
Significance
Item No
Alpine
Forest Lodge House and outbuildings
Hume Highway
Lot 1, DP 605509
Local
I616
Berrima
Superintendent’s House
Argyle Street
Lot 7304, DP 1146099
Local
I107
Berrima
Berrima Correctional Centre (formerly Gaol)
Corner Argyle and Wilshire Streets
Lot 7304, DP 1146099
State
I109
I110
I484
Berrima
Stone Cottage
Corner Argyle and Wilshire Streets
Lot 7304, DP 1146099
Local
I236
Berrima
Church of the Holy Trinity
5–13 Argyle Street
Lot 10, Sec 3, DP 758098; Lots 101–104, DP 1004483; Part Lot 2, Sec 3, DP 758098
State
I147
Berrima
Sovereign Cottage
8 Argyle Street
Lot B, DP 181309
Local
I214
Berrima
Cottage
10 Argyle Street
Lot A, DP 181309
Local
I143
Berrima
Finlayson Memorial Presbyterian Church
12 Argyle Street (corner Oxley Street and Argyle Street)
Lot 2, Sec 35, DP 758098
Local
I146
Berrima
Ardleigh Cottage
14 Argyle Street (corner Argyle and Oxley Streets)
Lot 16, Sec 37, DP 758098
Local
I211
Berrima
Berrima Cemetery
Berrima Road
Lot 312, DP 751252; Lot 311, DP 999883
Local
I122
Berrima
The First Bank
12 Jellore Street
Lot 1, DP 871727
State
I129
Berrima
Munday Cottage (former Jellore Cottage)
16 Jellore Street
Lot 6, Sec 2, DP 758098
State
I237
Berrima
Berrima House
19 Jellore Street
Lot 3, Sec 5, DP 758098
State
I131
Berrima
Former Victoria Inn
20–22 Jellore Street
Lot 104, DP 717120; Lot 3, Sec 2, DP 758098
State
I128
Berrima
Riverview Cottage
23 Jellore Street
Lot 6, Sec 5, DP 758098
State
I130
Berrima
Former Coach and Horses Inn
24 Jellore Street
Lot 1, DP 780565
State
I133
Berrima
McMahons Inn (former Berrima Inn)
26 Jellore Street
Lot 1, DP 643496
State
I132
Berrima
Nurse’s Cottage
Market Place
Lot B, DP 378459
State
I228
Berrima
White Horse Inn
3 Market Place
Lot A, DP 378459
State
I123
Berrima
Magistrate’s House
5–7 Market Place
Lot 51, DP 1021473
State
I125
Berrima
Lennox Bridge stonework
Market Place Reserve
518–30
Local
I474
Berrima
The Gunyah
Odessa Street
Lot 201, DP 751252
Local
I251
Berrima
Slab cottage
7–9 Oldbury Street
Lot 1, DP 806686
Local
I230
Berrima
Former Crown Inn
Old Hume Highway
Lot 118, DP 870922
Local
I141
Berrima
Former Levy’s Store
Old Hume Highway
Lot 3, DP 1102396; Lot 7017, DP 93056
Local
I137
Berrima
Former Taylor’s Butcher Shop
Old Hume Highway (adjoins Pound Green)
Lot 3, DP 1102396; Lot 7017, DP 93056
Local
I216
Berrima
Glebe Cottage
Old Hume Highway
Lot 1, DP 875157
Local
I177
Berrima
“Mereworth” house and garden
Old Hume Highway
Lot 100, DP 839316; Lot 200, DP 839314
Local
I351
Berrima
Market Place
Old Hume Highway Public Reserve
518–30
Local
I233
Berrima
St Francis Xavier Roman Catholic Church
Corner Old Hume Highway and Oldbury Street
Lots 1 and 2, Sec 44, DP 758098
State
I120
Berrima
Sandstone and timber cottage
Corner Old Hume Highway and Raglan Street)
Lot 7, Sec 40, DP 758098
Local
I239
Berrima
Bramber Cottage (former Post Office)
7 Old Hume Highway (corner Oxley Street)
Lot 20, DP 552150
Local
I218
Berrima
Harper’s Cottage
8 Old Hume Highway
Lot 1, DP 791464
Local
I134
Berrima
Woodley Cottage (or Telegraph Office)
12–16 Old Hume Highway
Lot 1, DP 724201; Lot 1, DP 538751
Local
I208
Berrima
Former Cobb and Co timber buildings
13 Old Hume Highway (rear of General Store)
Lot 100, DP 805720
Local
I210
I344
Berrima
Former Bakery
17–19 Old Hume Highway (corner Wingecarribee Street)
Lot 1, DP 568701
Local
I142
Berrima
Old Breens Inn (former Colonial Inn)
24 Old Hume Highway
Lot 4, Sec 15, DP 758098; Lot 1, DP 741287
Local
I140
Berrima
Surveyor General Inn
26 Old Hume Highway
Lot 14, Sec 2, DP 758098
Local
I139
Berrima
Berrima Post Office
30 Old Hume Highway
SP 75992
State
I138
Berrima
Brick house
35 Old Hume Highway
Lots 3 and 4, Sec 33, DP 758098
Local
I232
Berrima
Sandstock and timber house
35 Old Hume Highway
Lot 43, Sec 33, DP 758098
Local
I231
Berrima
Berrima Glen Cottage (former Simon’s Cottage)
Old Mandemar Road
Lot 346, DP 751252
Local
I127
Berrima
Greenwood House (former Taylor’s Farmhouse)
Old Mandemar Road
Lot 7, DP 788363
Local
I126
Berrima
Bellevue House
Oxley Street
Lots 13 and 14, Sec 37, DP 758098
Local
I118
Berrima
Berrima Public School and residence
Oxley Street
Lots 1–3, Sec 31, DP 758098; Lot 1, DP 782713
Local
I114
Berrima
Parsley Cottage
14 Oxley Street
Lot 150, DP 1022425
Local
I117
Berrima
Armfield Cottage
22 Oxley Street
Lot 12, Sec 37, DP 758098
Local
I115
Berrima
Cottage
31 Oxley Street
Lot 5, Sec 35, DP 758098
Local
I116
Berrima
The Old Rectory
Corner Quarry and Wingecarribee Streets
Lots 8–12, DP 80581
Local
I105
Berrima
Makin Cottages
Stockade Street
Lot 4, DP 711365
State
I227
Berrima
Hillside Cottage
Corner Wilkinson and Oxley Streets
Lots 6, 7 and 11, Sec 36, DP 758098
Local
I209
Berrima
Harper’s Mansion
9 Wilkinson Street
Lot 5, DP 258420
State
I113
Berrima
Police Sergeant’s Residence
Wilshire Street
Lot 5, DP 823508
Local
I112
Berrima
Bull’s Head Drinking Fountain
Wilshire Street, on outside wall of Gaol
Lot 7304, DP 1146099
Local
I111
Berrima
Berrima Court House
Corner Wilshire and Argyle Streets
Lot 18, Sec 35, DP 758098
Local
I108
Berrima
Former Rectory
5 Wingecarribee Street
Lot 2, DP 600090
Local
I104
Berrima
Former Warden’s Cottage
10 Wingecarribee Street
Lot 1, DP 196369
Local
I220
Berrima
Pickering Cottage
12 Wingecarribee Street
Lot 34, DP 1063847
Local
I219
Berrima
Love In The Mist Cottage
15 Wingecarribee Street
Lot 161, DP 525573
Local
I222
Berrima
German Dam
Wingecarribee River at end of Oxley Street
 
Local
I179
Berrima
Lambie’s Well
Adjacent to Wingecarribee River at end of Wilshire Street
 
Local
I234
Bong Bong
Christ Church
Argyle Street (corner Church Street)
Lot 1, DP 1125578
State
I163
Bong Bong
The Briars Inn
Moss Vale Road
Lot 9, SP 50905
Local
I153
Bowral
Former Roman Catholic Church
Banyette Street (corner Argyle Lane)
Lot 2, DP 1064294
Local
I465
Bowral
Bowral Public School
Bendooley Street
Lot 1, DP 802776
Local
I464
Bowral
Former School of Arts
Bendooley Street
Lot 1, DP 1003910
Local
I157
Bowral
Town Hall
Bendooley Street
Lot 1, DP 1003910
Local
I081
Bowral
Bowral Uniting Church
Bendooley Street (corner Boolwey Street)
Lots 1 and 2, DP 995850; Lot 1, DP 155385
Local
I471
Bowral
Former Bowral Court House, including fence
Bendooley Street (corner Wingecarribee Street)
Lot 1, Sec 8, DP 111234
Local
I088
Bowral
Uniting Church Centre and house
28 Bendooley Street
Lots 1 and 2, DP 995850; Lot 1, DP 155385
Local
I472
Bowral
Stafford Cottage
22 Bendooley Street
Lot 1, DP 1003910
Local
I156
Bowral
St Jude’s Anglican Church Group, including Rectory, Church Hall, Lych Gate and Cemetery
34 Bendooley Street
Lot 1, DP 587573
Local
I082
Bowral
Eldon Cottage
42 Bendooley Street
Lot 1, DP 782042
Local
I086
Bowral
Cottage
44 Bendooley Street
Lot 17, DP 997145
Local
I087
Bowral
House
46 Bendooley Street
Lot 3, DP 72703
Local
I1819
Bowral
House
49 Bendooley Street
Lot 2, DP 802776
Local
I1814
Bowral
House
53 Bendooley Street
Lot 1, DP 198128
Local
I1813
Bowral
House
60 Bendooley Street
Lot A, DP 342460
Local
I1799
Bowral
House
62 Bendooley Street
Lot B, DP 342460
Local
I1798
Bowral
House
64 Bendooley Street
Lot C, DP 342460
Local
I1797
Bowral
House
67 Bendooley Street
Lot 2, DP 313891
Local
I1805
Bowral
House
70 Bendooley Street
Lot 1, DP 546532
Local
I1793
Bowral
House
71 Bendooley Street
Lot 122, DP 606350
Local
I1803
Bowral
House
73 Bendooley Street
Lot 121, DP 606350
Local
I1802
Bowral
House
74–76 Bendooley Street
Lot 15, Sec D, DP 3807
Local
I1791
Bowral
House
75 Bendooley Street
Lot 293, DP 832739
Local
I1800
Bowral
House
82 Bendooley Street
Lot 171, DP 520153
Local
I1787
Bowral
Solliden House
86 Bendooley Street
Lot 21, DP 714938
Local
I1783
Bowral
Coach House
91A Bendooley Street
Lot 51, DP 880942
Local
I1788
Bowral
Inverary House
93 Bendooley Street
Lot 62, DP 555560
Local
I1786
Bowral
Walden House and garden
91 Bendooley Street
Lot 50, DP 880942
Local
I516
Bowral
Commonwealth Bank
294 Bong Bong Street
Lot 1, DP 68288
Local
I079
Bowral
Berrima District Credit Union (former Ambulance Station)
411–415 Bong Bong Street
Lot 32, DP 1076738
Local
I238
Bowral
“Rift” house and garden
12 Carlisle Street
Lots 1 and 2, DP 1128023
Local
I334
I078
Bowral
Centennial Park
Centennial Road
Lots 90 and 91, DP 751282
Local
I538
Bowral
“Hopewood” house and grounds
Centennial Road
Lot 6, DP 634569
Local
I240
I532
Bowral
“Neerim” house and garden
24 Centennial Road
Lots 17–19, DP 20797
Local
I535
I536
Bowral
“Kurkulla” house
Evans Lane
Part Lot 1, DP 1059929
State
I186
Bowral
“Lynthorpe” house
17 Gladstone Road
Lot 1, DP 996892
Local
I077
Bowral
“Bradman’s Cottage” and grounds
20 Glebe Street
Lot 16, Sec E, DP 11838
Local
I181
Bowral
Mount Hamilton house
7 Hamilton Avenue
Lot 82, DP 1065886
Local
I076
Bowral
“Milton Park” house, grounds and outbuildings
Horderns Road
Lot 307, DP 1040419; Lot 308, DP 1104965; SP 78022; Lot 11, DP 264572
Local
I493
I331
I330
I071
I494
Bowral
“Heritage Park” house (former Iverbucks)
Kangaloon Road
Lots 1 and 8, DP 270566
Local
I180
Bowral
Wingecarribee House, grounds and outbuildings
Kirkham Road
Part Lot 1, DP 404276; Lot 4, DP 614505
Local
I333
I332
I075
Bowral
“Yarrow” house
33 Loftus Street
Lot 1, DP 621947
Local
I524
Bowral
Carter Terraces
18–20 Merrigang Street
SP 49491
Local
I543
Bowral
Corbett Gardens
21 Merrigang Street
Lots 9 and 10, Sec 2, DP 111234; Lot 8, DP 1133515; Lots 1 and 2, DP 150769; Lot 1, DP 708866
Local
I529
Bowral
“Weston Green” house
41 Merrigang Street
Lot A, DP 368491
Local
I511
Bowral
“Laurel” house and garden
47 Merrigang Street
Lot 2, DP 205435
Local
I343
I073
Bowral
“Bidura” house
139–145 Merrigang Street
Lot 9, DP 585581; Lots 1–3, Sec A, DP 192732; Lots 52–54, Sec A, DP 192732
Local
I166
Bowral
“Cooperdale” and “Ben Nevis” semi-detached houses
98–100 Mittagong Road
Lot 1, DP 196994
Local
I339
Bowral
“Hazelton” house
132 Mittagong Road
Lot 1, DP 867401
Local
I338
Bowral
“Retford Park” house, grounds and outbuildings
Old South Road, Bowral
Lot 1, DP 860647; Lot 20, DP 1001806
Local
I496
I495
I152
Bowral
Mount Gibraltar and quarries
Corner Oxley Drive and King Street
Lots 24 and 26, DP 111222; Lot 22, DP 856512
Local
I154
I571
Bowral
“Robin Wood” house and garden
32–34 Oxley Drive
Lots 41 and 42, DP 1061156
Local
I537
Bowral
Bowral High School and residence
Corner Park and Aitken Roads
Lot 1, DP 794075
Local
I503
Bowral
“Earlsbrae” house
15 Queen Street
Lot 1, DP 68028; Lot 1, DP 57490
Local
I074
Bowral
“Glen Ridge” house
101 Shepherd Street
Lots 1–6 and 19, DP 165091; Lot 1, DP 507617; Lot 25, DP 612928
Local
I167
Bowral
Buskers End garden
14 St Clair Street
Lot 122, DP 876917
Local
I534
Bowral
Bradman Museum Collection and Grandstand
Glebe Park, St Jude Street
Lot 11, DP 787940
State
I469
Bowral
Bradman Oval
Glebe Park, St Jude Street
Lot 12, DP 787940
State
I541
Bowral
Cottage
52 Shepherd Street
Lot 1, DP 784321
Local
I213
Bowral
House
89 Shepherd Street
Lot 1, DP 741811
Local
I069
Bowral
Bowral Railway Station
Station Street
Part Lot 3, DP 808842; Part Lot 200, DP 1012642; Part of the Main Southern Railway
Local
I058
Bowral
Former Station Master’s residence
21 Station Street
Lot 1, DP 855131
Local
I392
Bowral
House
54 Station Street
Lot 1, DP 195377
Local
I340
Bowral
Original “Gib Railway Tunnel”
Old section of the Main Southern Line between Mittagong and Bowral
 
Local
I185
Bowral
St Andrew’s Church and Hall
20 Wingecarribee Street (corner Bendooley Street)
Lot A, DP 367514; Lots 1 and 2, DP 1084271
Local
I470
Braemar
Kamilaroi (part of Braemar Garden World)
Hume Highway
Lot 117, DP 659149
Local
I191
Braemar
Poplars Restaurant Inn
Hume Highway
Lot 32, DP 550667; Lot 5, DP 248501
Local
I160
Braemar
Braemar Lodge
Corner Hume Highway and Braemar Avenue
Lot 8, DP 261563
Local
I190
Bullio
Bullio Tunnel
Wombeyan Caves Road
 
Local
I597
Bundanoon
The Highlander (former Gasthof and Pill Factory)
12 Anzac Parade
Lot 1, DP 183174
Local
I584
Bundanoon
Holly Cottage
Blue Gum Road
Lot 1, DP 510721
Local
I1718
Bundanoon
Holy Trinity Anglican Church, Hall and Cemetery
15–17 Church Street
Lot 119, DP 751289
Local
I365
I038
I1207
Bundanoon
Governors Street
Governors Street
from the intersection with Church Street to the east 360 metres
Local
I1822
Bundanoon
Jackman’s Cottage
3 Governors Street
Lot 14, DP 1032
Local
I1371
Bundanoon
Erith Coal Mine
Morton National Park
Lots 30 and 33, DP 751259
Local
I454
Bundanoon
Bundanoon Railway Station and yards
Railway Avenue
Main Southern Railway
State
I583
I1759
I1215
Bundanoon
“Tree Tops” guest house
101–105 Railway Avenue
Lot 1, DP 735674
Local
I585
Burradoo
Cooliatta Farm house, grounds and outbuildings
Burradoo Road
Lot 2, DP 1012113
Local
I512
Burradoo
“Burlington” house and garden
29–31 Burradoo Road
Lot 410, DP 580733
Local
I158
I578
Burradoo
“Abergeldie” house and garden
75–79 Burradoo Road
Lots 4 and 5, DP 620319
Local
I501
I370
Burradoo
“Eridge Park” gate lodge, grounds and outbuildings
Eridge Park Road
Lot 1, DP 310807
Local
I155
Burradoo
“Moidart” house and garden
Eridge Park Road
Lot 1, DP 174985; Lot 1, DP 667017
Local
I241
I347
I348
Burradoo
Hartzer Park Convent, garden, outbuildings and ancillary buildings
25–27 Eridge Park Road
Lot 1, DP 258453; Lot 1, DP 805803
Local
I519
I364
I187
I363
Burradoo
“Greyleaves” house and garden
13–15 Greyleaves Avenue
Lot 121, DP 800058
Local
I072
I342
Burradoo
Links House
17 Links Road
Lot 1, DP 1080423
Local
I527
Burradoo
“Wintersloe” house and garden
45 Links Road
Lot B, DP 336167
Local
I182
I497
Burradoo
Chevalier College (former Riversdale group of buildings and garden)
Moss Vale Road
Lot 12, DP 748370
Local
I189
Burradoo
“Laurel Park” house and garden
Moss Vale Road
Lot 12, DP 734353
Local
I521
Burradoo
“Chelsea Park” house
589 Moss Vale Road
Lot 5, DP 20004
Local
I526
Burradoo
“Ostler’s Lodge” house
603 Moss Vale Road
Lot 12, DP 1008336
Local
I215
Burradoo
Riverside Park garden
127 Osborne Road
Lots 5–7, DP 262034; Lot 21, DP 1034316
Local
I374
Burradoo
Banyula garden
8–10 Riversdale Avenue
Lot 10, DP 241015
Local
I514
Burradoo
“Werrington” house and garden
5–7 Werrington Street
Lot 112, DP 559455
Local
I520
Burradoo
“Anglewood” house, grounds and outbuildings
17–19 Yean Street
Lot 1, DP 1044596
State
I366
I188
Burradoo
Haling Cottage
58–68 Yean Street
Lot 3, DP 1066621
Local
I523
Burrawang
Old Burrawang School House
33 Church Street
Lot 410, DP 821781
Local
I617
Burrawang
Burrawang Cafe (former General Store)
11 Hoddle Street
Lot F, DP 399071
Local
I589
Burrawang
Burrawang Hotel
14–16 Hoddle Street
Lot 1, DP 198682
Local
I590
Burrawang
Mauger’s Butcher Shop
21 Hoddle Street
Lot 1, DP 590264
Local
I588
Colo Vale
“Wensleydale” house, grounds and outbuildings
Corner Wilson Drive and Church Avenue
Lots A and B, DP 395606; Lot 13, DP 245456
Local
I367
I176
Exeter
“Cherrydell” house and garden (formerly part of “Invergowrie”)
Bundanoon Road
Lot 2, DP 522290
Local
I372
I591
Exeter
“Invergowrie” house and garden
Bundanoon Road
Lot 1, DP 522290; Lot 2, Sec 7, DP 58913
Local
I372
I591
Exeter
“Redcourt” house
Bundanoon Road
Lots 6 and 7, DP 3371
Local
I594
Exeter
Exeter School of Arts Hall
Exeter Road
Pt Lot 4, Sec C, DP 3170
Local
I593
I1341
Exeter
St Aiden’s Church and Memorial Hall
Exeter Road
Lots 9 and 10, Sec 5, DP 3373; Lot 1, DP 952304
Local
I375
I376
Exeter
“Vine Lodge” house, grounds and outbuildings
Exeter Road
Lot 1, DP 596495
Local
I354
I204
I355
Exeter
Exeter Railway Station, signal box and cottage
Main Southern Line
Lots 1 and 2, DP 852888
State
I607
I610
Exeter
Romsey Cottage and garden
Ringwood Road
Lot 131, DP 790655
Local
I592
Glenquarry
“Leylanda Green” house and garden (former Shepherd’s Cottage)
Kangaloon Road (opposite Sproules Lane)
Lot 47, DP 1056092
Local
I427
Glenquarry
Glenquarry Cemetery, (former Gilwarra Private Cemetery)
Tourist Road
Lot 1, DP 1057419
Local
I207
Glenquarry
Roberton Park house, grounds and outbuildings
Tourist Road
Lot 71, DP 541472
Local
I159
High Range
Mt Jellore
Nattai National Park
 
Local
I572
High Range
“High Range” house and grounds
Wombeyan Caves Road
Lot 2, DP 746331
Local
I1194
Joadja
Former Joadja Schoolhouse
Joadja Road
Lot 13, DP 858859
Local
I378
Joadja
Joadja Cemetery
Joadja Road
Lot 8, DP 858859
Local
I377
Joadja
Joadja Village Shale Oil Mine and Refinery
Joadja Road
Lot 11, DP 858859
State
I384
I205
Joadja
Winding Machine
Joadja Road
Lot 23, DP 1023493
Local
I205
Kangaloon
Former Kangaloon School House
Kangaloon Road
Lot 1, DP 724175
Local
I1195
Kangaloon
Uniting Church and Cemetery
Kangaloon Road
Part Lot 1, DP 181535; Lot 1, DP 903422
Local
I445
Kangaloon
Nepean Dam Wall and Valve House
Moresby Hill Road
Part Lot 12, DP 1092321
State
I1823
Mittagong
Uniting Church
1–7 Albert Street
Lots 201–204, Sec S, DP 20
Local
I136
Mittagong
House
25 Albert Street,
Lot 1, DP 911097; Lot 1, DP 966346
Local
I565
Mittagong
House
43 Alfred Street,
Lot 106, Sec J, DP 1289
Local
I557
Mittagong
House
45 Alfred Street,
Lot 105, Sec J, DP 1289
Local
I558
Mittagong
House
54 Alfred Street,
Lot 148, Sec O, DP 1289
Local
I559
Mittagong
Stone stables
Alice Street
Lot 7, DP 550518
Local
I548
Mittagong
St Paul’s Presbyterian Church
1 Alice Street (corner Edward Street)
Part Lot 152, DP 931663; Lot 1, DP 931666
Local
I553
Mittagong
Sunshine Lodge
5 Alice Street
Lots 145–147, Sec O, DP 1289
Local
I554
Mittagong
Former Renwick Institution, including brick silo, pair of mass concrete silos and silo precinct
Bong Bong Road
Lot 5, DP 1131771
Local
I618
I275
Mittagong
Goodlet Cottage
Bong Bong Road
Lot 53, DP 1040663
Local
I277
I275
Mittagong
Kennerton Green garden
Bong Bong Road
Lot 5, DP 2836
Local
I575
Mittagong
Rowe Cottage
Bong Bong Road
Lot 1, DP 846419
Local
I276
I275
Mittagong
Suttor Cottage
Bong Bong Road
Lot 52, DP 1040663
Local
I194
I275
Mittagong
Willow Run wells, barn and outbuildings
Bong Bong Road
Lot 115, DP 1067955
Local
I1193
Mittagong
School of Arts and Memorial Hall
Corner Bowral Road and Main Street (rear of 114–116 Main Street)
Lot 1, Sec 5, DP 1289
Local
I144
I270
Mittagong
Semi-detached houses
9–11 Bowral Road
Lot 6, Sec 6, DP 1289
Local
I567
Mittagong
Mittagong Fire Station
10 Bowral Road
Lot 8, DP 258852
Local
I569
Mittagong
“Melrose” house
50 Bowral Road
Lot B, DP 415847
Local
I566
Mittagong
“Fitzroy Inn” (former “Oaklands”)
1 Ferguson Crescent
Lot 16, DP 1005636
Local
I099
Mittagong
Anglican Rectory
Corner Louisa and Main Streets
Lot 2, DP 622996
Local
I124
Mittagong
Memorial Clock Tower
Main Street
 
Local
I278
Mittagong
Victoria House
49 Main Street
Lot 215, DP 654533
Local
I550
Mittagong
Forbes Building
67 Main Street
Lot 1, DP 789814
Local
I064
Mittagong
Mealings Building
69 Main Street
Lot 5, DP 240187
Local
I060
Mittagong
Lion Rampant Hotel
75 Main Street
Lot 4, DP 240187
Local
I546
Mittagong
Shops
77–79 Main Street
Lots 1 and 2, DP 524097
Local
I192
Mittagong
Former National Australia Bank building
83 Main Street
Lot 238, DP 650500
Local
I101
Mittagong
Esco Pazzo Restaurant (former Hume House)
84 Main Street
Lot 1, Sec 1, DP 1289
Local
I549
Mittagong
Bunters Shop
85–87 Main Street
Lot 1, DP 735671
Local
I106
Mittagong
Mittagong Hotel
89 Main Street
Lot 236, Sec V, DP 20
Local
I547
Mittagong
St Stephen’s Anglican Church and grounds
106 Main Street
Lot 1, DP 78607
Local
I170
Mittagong
The Boston Ivy
107 Main Street
Lot 21, DP 777984
Local
I100
Mittagong
Whyte’s Corner Store
108 Main Street
Lot 3, Sec 3, DP 1289
Local
I432
Mittagong
Former Mittagong Shire Council Building
114–116 Main Street (corner Bowral Road)
Lot 1, Sec 5, DP 1289
Local
I193
Mittagong
Fitzroy Ironworks
Corner Old Hume Highway and Bessemer Street
Lot A, DP 26366
Local
I457
Mittagong
Bethel Cottage
38 Old Hume Highway
Lot 4, Sec 3, DP 33
Local
I1849
Mittagong
Cutter’s Inn (former Hassal and Jefferis Cottages)
Old South Road
Lot 16, DP 879494
State
I195
I196
Mittagong
Marist Brothers Centre
Old South Road
Lots 1–4, DP 804746
Local
I169
Mittagong
Mt Alexandra Reserve
Pioneer Street
Lot 16, DP 831498
Local
I066
Mittagong
Mittagong Public Library
Corner Queen and Albert Streets
Lots 220 and 221, Sec U, DP 20
Local
I564
Mittagong
House
3 Queen Street
Lot C, DP 979880
Local
I552
Mittagong
Leslie Cottage
8 Queen Street
Lot 1, DP 906385
Local
I563
Mittagong
House
10 Queen Street
Lots 1–4, DP 1083442
Local
I562
Mittagong
Former Station Master’s Residence
1 Railway Parade
Lot 1, DP 743008
Local
I198
Mittagong
Frensham School Group (East Wing, North and West Wings, South Wing, and West Wing garden)
Range Road
Lots 4–6 and 8–10, Sec 19, DP 1289; Part Lot 1, DP 1133695; Part Lot 14, DP 866594
Local
I272
I273
I171
I274
Mittagong
“Luggie Bank” house and outbuildings
Range Road
Lot 12, DP 1010798
Local
I468
Mittagong
Mittagong Railway Station
Regent Street
 
State
I197
Mittagong
Railway goods shed
Regent Street
 
Local
I267
Mittagong
Winifred West Park
Regent and Main Streets and Church Lane
Lots 1–3 and 16–21, Sec 2, DP 1289; Lot 1, DP 668762
Local
I039
Mittagong
The Maltings
Southey, Colo and Ferguson Streets
Lot 21, DP 1029384
Local
I103
Mittagong
Police Station
1–3 Station Street
Lot 8, DP 618569
Local
I161
Mittagong
Former Post Office
5 Station Street
Lot 1, DP 746469
State
I1492
Mittagong
Shops
7–11 Station Street
Lot 5, DP 356938; Lot 2, DP 664262
Local
I135
Mittagong
House
1 Victoria Street
Lot 193, DP 667168
Local
I560
Mittagong
House
3 Victoria Street
Lot 1, DP 312786
Local
I561
Mittagong
Picton-Mittagong Loop Line railway line
  
Local
I473
Moss Vale
Former Post Office
Argyle Street
Lot 1, DP 612545
Local
I248
Moss Vale
JM Alcorn Memorial
Argyle Street
 
Local
I397
Moss Vale
Leighton Gardens
Argyle Street
Lot 9, DP 832397
Local
I400
Moss Vale
Leighton Gardens pavilion
Argyle Street
Lot 9, DP 832397
Local
I172
Moss Vale
Moss Vale Railway Station
Argyle Street
Lot 4, DP 1101186
State
I244
Moss Vale
Moss Vale Rail Underbridge
Argyle Street
 
State
I178
Moss Vale
“Cardrona” (former Eagleroo) grounds
Corner Argyle Street and Kater Road
Lots 1 and 2, DP 1081472
Local
I352
Moss Vale
Jemmy Moss Inn
Corner Argyle and Waite Streets
Lot 1, DP 568356
Local
I396
Moss Vale
Former Station Master’s Residence
247 Argyle Street
Lot 8, DP 832397
Local
I47
Moss Vale
Moss Vale Court House
356–364 Argyle Street
Lot 2, DP 198566
Local
I173
Moss Vale
Whytes shop
426 Argyle Street
Lot 426, DP 111119
Local
I612
Moss Vale
St Paul’s International College (former Dominican Convent)
463 Argyle Street
Lot 1, DP 775152
Local
I042
Moss Vale
Hereford House
465–469 Argyle Street
Lot 14, DP 1027521
Local
I418
Moss Vale
Former School of Arts
471 Argyle Street
Lot 12, DP 129056
Local
I043
Moss Vale
Former National Australia Bank
478 Argyle Street
Lot 1, DP 1083885
Local
I045
Moss Vale
Argyle House
479 Argyle Street
Lot 2, DP 502003
Local
I040
Moss Vale
Semi-detached houses
587 and 587A Argyle Street
Lots 1 and 2, DP 209719
Local
I318
Moss Vale
Glendalough
598 Argyle Street
Lot 13, DP 593630
Local
I200
Moss Vale
Lynton
618–620 Argyle Street
Lot 1, DP 217785
Local
I413
Moss Vale
Coach House Antiques
10 Yarrawa Street (corner Argyle Street)
Lot 11, DP 543869
Local
I403
Moss Vale
Dormie House guest house
Arthur Street
Lot 1, DP 198551
Local
I402
Moss Vale
“Willow Grange” house and grounds
34 Berrima Road
Lot 9, DP 1138934
Local
I1192
Moss Vale
Former St John’s Anglican Rectory
Corner Browley and Waite Streets
Lot 72, DP 628810; Lot 1, DP 825847
Local
I223
Moss Vale
St John’s Anglican Church
Corner Browley and Waite Streets
Lots 21 and 22, Sec 1, DP 38
Local
I175
Moss Vale
St Andrew’s Presbyterian Church
7 Browley Street
Lot 8, Sec 2, DP 38
Local
I407
Moss Vale
Moss Vale Public School
12 Browley Street
Lots 23–25, Sec 1, DP 38; Lot 1, DP 323450; Lot B, DP 329683
Local
I201
Moss Vale
Kalaurgan
24 Browley Street
Lot A, DP 329683
Local
I406
Moss Vale
Throsby Cottage
Church Road
Lot 4, DP 730956
State
I150
Moss Vale
“Woodside” house, grounds and outbuildings
Farnborough Drive
Lots 1 and 2, DP 1042522
Local
I263
I149
Moss Vale
Catholic Presbytery
Garrett Street
Part Lot 1, DP 227903
Local
I404
Moss Vale
St Paul’s Roman Catholic Church
Garrett Street
Lot 1, DP 227903
Local
I408
Moss Vale
Annabelle’s Cottage (former Gundagai Cottage)
Illawarra Highway
Lot 1, DP 155806
Local
I145
I151
Moss Vale
Tudor House School
Illawarra Highway
Part Lot 1, DP 529711
Local
I046
Moss Vale
The Barn (former Throsby Park Barn)
Corner Illawarra Highway and Church Road
Lot 5, DP 730956
State
I053
Moss Vale
“Peppers” (former Mt Broughton) house, grounds and outbuildings
Kater Road
Lot 1, DP 236285
Local
I488
I486
I487
I489
Moss Vale
“Mali Brae” hatch cottage and outbuildings
429 Nowra Road
Lot 220, DP 651063
Local
I450
Moss Vale
“Bonheur” house, grounds and outbuildings
Oldbury Road
Lot 5, DP 979138
Local
I049
Moss Vale
“Browley” house, grounds and outbuildings
Oldbury Road
Lot 4, DP 215782; Lot 10, DP 10658; Lots 1 and 2, DP 1123580; Lot 1, DP 74651; Lot 1, DP 1095023
Local
I056
Moss Vale
“Highfield” house, grounds and outbuildings
Oldbury Road
Lot 1, DP 58837; Lot 1, DP 59375; Lot 1, DP 59165;
Local
I246
I247
I054
Moss Vale
“Oldbury” house, grounds and outbuildings
Oldbury Road
Lot 1, DP 98673; Lot 3, DP 1046976; Lot 1, DP 559345; Lot 30, DP 654489; Lots 191 and 192, DP 1010278
State
I353
I057
I164
Moss Vale
“Whitley” house, grounds and outbuildings
Oldbury Road
Lot 2, DP 123550
State
I361
I360
I055
Moss Vale
“Austermere”, (former SCEGGS School) house and grounds
Suttor Road
Lot 3, DP 873240
Local
I398
Moss Vale
The Mill
Throsby Park Road
Lot H, DP 109154
Local
I417
Moss Vale
“Throsby Park” house, grounds and outbuildings
Throsby Park Road
Lot K, DP 109154; Lot 1, DP 580481
State
I050
I262
I052
I261
I245
Moss Vale
Throsby Manor, (former Council Chambers)
Throsby Street
Lot 1, DP 617915
Local
I041
Moss Vale
“Redbraes” house and garden
Valetta Street
Lot 102, DP 1036347
Local
I405
Penrose
Sylvan Glen Guest Farm house and grounds
Kareela Road
Lot 2, DP 1055825
Local
I611
Penrose
“Woodhouselea” (former Methodist Church)
Kareela Road
Lots D and E, DP 17031
Local
I595
Penrose
Penrose Public School
Penrose Road
Lots 110 and 111, DP 751259
Local
I579
Penrose
Paddy’s River Ford (Site 1)
Penrose State Forest
 
Local
I434
Robertson
Robertson Public School
53 Hoddle Street
Lots 1, 2, 6, 7 and 8, Sec 14, DP 758882; Lots 407 and 408, DP 821032
Local
I600
Robertson
Robertson School of Arts
59 Hoddle Street
Lot 3, Sec 14, DP 758882
Local
I599
Robertson
Police Station and former Courthouse
61 Hoddle Street
Lot 4, Sec 14, DP 758882
Local
I206
Robertson
Wingecarribee swamp
Illawarra Highway
Lot 2, DP 879403
State
I1186
Robertson
“Fountaindale Manor”, grounds and railway siding
135 Illawarra Highway (corner Fountaindale Road)
Lot 2, DP 610676
Local
I601
I603
Robertson
Robertson Cemetery
Missingham Parade
Lot 7010, DP 1001536
Local
I441
Robertson
Robertson Railway Station
Moss Vale—Unanderra Railway Line
 
Local
I463
Robertson
Mount Murray Railway Station Group
Mount Murray
Moss Vale—Unanderra Railway Line
State
I024
Sutton Forest
“Eccleston Park” house and outbuildings
Canyonleigh Road
Lots 7 and 9, DP 805624
Local
I017
Sutton Forest
Charlie Grey’s Cottage
Conflict Street
Lots 9 and 10, Sec 3, DP 758938
Local
I014
Sutton Forest
“Boscobel” house, grounds and outbuildings
Exeter Road
Lots 1 and 2, Sec 9, DP 758938; Lots 1–19, Sec 8, DP 758938; Lot 1, DP 1094302; Lot 1, DP 63523
Local
I013
Sutton Forest
Everything Store, former Butcher Shop (A Little Piece of Scotland) and General Store
Corner Exeter Road and Illawarra Highway
Lot 1, DP 722533; Lot 1, DP 984053
Local
I490
Sutton Forest
“Bunya Hill” house, grounds and outbuildings
Golden Vale Road
Lot 1, DP 995642; Lot 1, DP 130301
Local
I018
Sutton Forest
“Golden Vale” house, grounds and outbuildings
Golden Vale Road
Lot 1, DP 1118652
State
I003
I005
I001
I002
Sutton Forest
“Montrose” house and grounds
Greenhills Road
Lot 2, DP 620221
Local
I006
Sutton Forest
Black Bob’s Bridge
Black Bob’s Creek, Hume Highway
Lot 5, DP 614690
Local
I019
Sutton Forest
“Black Horse” farm house, grounds and outbuildings (former Black Horse Inn)
Hume Highway
Lot 105, DP 1087612
Local
I020
Sutton Forest
“Comfort Hill” house, grounds and outbuildings
Hume Highway
Lot 1, DP 744544
Local
I357
I356
I021
Sutton Forest
“Eling Forest Winery” house, grounds and outbuildings
Hume Highway
Lot 2, DP 806934
Local
I004
I009
I010
Sutton Forest
All Saints Anglican Church, hall and cemetery
Illawarra Highway
Lots 1 and 2, DP 999587
Local
I026
I022
I025
I350
Sutton Forest
“Clover Hill” house, grounds and outbuildings
Illawarra Highway
Lot 1, DP 56241
Local
I203
Sutton Forest
Cottage
Illawarra Highway
Lots 8 and 9, DP 32
Local
I028
Sutton Forest
“Hillview” house, grounds and outbuildings
Illawarra Highway
Lot 12, DP 260417
State
I008
I007
I358
I359
Sutton Forest
“Rosedale” house and grounds
Illawarra Highway
Lot 2, DP 250747; Lot 6, DP 250743; Lots 7 and 8, DP 11147
Local
I031
Sutton Forest
“Rotherwood” house, grounds and outbuildings
Illawarra Highway
Lot 1, DP 1068950
Local
I033
I032
Sutton Forest
“Spring Grove Farm” house, grounds and outbuildings
Illawarra Highway
Lot 2, DP 250746; Lot 2, DP 1127380
Local
I492
Sutton Forest
St Patrick’s Roman Catholic Church and cemetery
Illawarra Highway
Lot 1, DP 513739
Local
I034
I349
I023
Sutton Forest
“Sutton Farm” house, grounds and outbuildings (former Red Cow Inn)
Illawarra Highway
Lot 1, DP 783660
Local
I035
Sutton Forest
Sutton Forest Inn (former Royal Hotel)
Illawarra Highway
Lot 1, DP 64663
Local
I1187
Sutton Forest
“The Harp” (former “Bindagundra” house, grounds and outbuildings
Illawarra Highway
Lot 1, DP 1028147
Local
I027
Sutton Forest
“The Pines” slab cottage
Illawarra Highway
Lot 1, DP 160149
Local
I029
Sutton Forest
Former Post Office
Corner Illawarra Highway and Exeter Road
Lot 1, DP 334187; Lot 83, DP 665633
Local
I016
Sutton Forest
“Summerlees” house and grounds
219 Illawarra Highway
Lot 1, DP 58843
Local
I362
I037
Sutton Forest
“Newbury Farm” house, grounds and outbuildings
7300 Illawarra Highway
Lot 1, DP 301672; Lot 1, DP 176414; Lot 32, DP 665400
Local
I202
I036
Werai
Werai Railway Station gatehouse
Greenhills Road
Lot 1, DP 563083; Lot 1, DP 250899; Lot 1, DP 1091104; Lot 2, DP 242757; Lot 1, DP 798065; Lot 1, DP 243124
Local
I605
Wingello
Former St Andrew’s Anglican Church
5 Bumballa Street
Lot 15, Sec 1, DP 759097
Local
I606
Wingello
Wingello Railway Station Group
Main Southern Railway
 
State
I1188
Yerrinbool
Avon Dam
Avon Dam Road
Lot 32, DP 1138149
State
I224
Yerrinbool
Yerrinbool Community Hall
45 Sunrise Road
Lot 68, DP 9882
Local
I1190
Part 2 Heritage conservation areas
Suburb
Item name
Item No
Berrima
Berrima Conservation Area
C148
Berrima
Berrima Landscape Conservation Area
C1843
Bowral
Bowral Conservation Area
C059
C089
C235
Bundanoon
Bundanoon Conservation Area
C1835
Burradoo
Anglewood Conservation Area
C199
Burradoo
Burradoo Landscape Conservation Area
C1834
Burrawang
Burrawang Conservation Area
C438
Joadja
Joadja Conservation Area
C1842
Mittagong
Mittagong Conservation Area
C1844
Mittagong
The Maltings Conservation Area
C1845
Moss Vale
Argyle Street North Conservation Area
C1836
Moss Vale
Argyle and Browley Streets Conservation Area
C1837
Moss Vale
East Street Conservation Area
C1839
Moss Vale
Throsby and Arthur Streets Conservation Area
C1838
Moss Vale
Throsby Park Conservation Area
C1841
Moss Vale
Valetta Street Conservation Area
C1840
Part 3 Archaeological sites
Suburb
Item name
Address
Property description
Significance
Item No
Bong Bong
Bong Bong Common
Moss Vale Road
Lot 5, DP 258446; Lot 42, DP 850568; Lots 5–6, DP 736552
Local
A1191
Bong Bong
Bong Bong Settlement Marker (Obelisk)
Moss Vale Road
Lot 2, DP 1023574
Local
A221
Bowral
Mount Gibraltar and quarries
Corner Oxley Drive and King Street
Lots 24 and 26, DP 111222; Lot 22, DP 856512
Local
A154
A571
Joadja
Joadja Refinery
Joadja Road
Lot 11, DP 858859
State
A384
Joadja
Joadja Village
Joadja Road
Lot 11, DP 858859
State
A205
Mittagong
Fitzroy Ironworks
Corner Old Hume Highway and Bessemer Street
Lot A, DP 26366
Local
A457
Mittagong
Former Fitzroy Iron Works remains
197 Old Hume Highway
Lot 11, DP 1091676
Local
A1711
Mittagong
Mt Alexandra Reserve
Pioneer Street
Lot 16, DP 831498
Local
A066
sch 5: Am 2011 (446), Sch 1.
Maps: Am 2011 (306), cl 4; 2011 (446), cl 4; 2012 (192), cl 4.
Dictionary
(Clause 1.4)
Aboriginal object means any deposit, object or other material evidence (not being a handicraft made for sale) relating to the Aboriginal habitation of an area of New South Wales, being habitation before or concurrent with (or both) the occupation of that area by persons of non-Aboriginal extraction, and includes Aboriginal remains.
Aboriginal place of heritage significance means an area of land, the general location of which is identified in an Aboriginal heritage study adopted by the Council after public exhibition and that may be shown on the Heritage Map, that is:
(a)  the site of one or more Aboriginal objects or a place that has the physical remains of pre-European occupation by, or is of contemporary significance to, the Aboriginal people. It may (but need not) include items and remnants of the occupation of the land by Aboriginal people, such as burial places, engraving sites, rock art, midden deposits, scarred and sacred trees and sharpening grooves, or
(b)  a natural Aboriginal sacred site or other sacred feature. It includes natural features such as creeks or mountains of long-standing cultural significance, as well as initiation, ceremonial or story places or areas of more contemporary cultural significance.
Note—
The term may include (but is not limited to) places that are declared under section 84 of the National Parks and Wildlife Act 1974 to be Aboriginal places for the purposes of that Act.
acid sulfate soils means naturally occurring sediments and soils containing iron sulfides (principally pyrite) or their precursors or oxidation products, whose exposure to oxygen leads to the generation of sulfuric acid (for example, by drainage or excavation).
Acid Sulfate Soils Manual means the manual by that name published by the Acid Sulfate Soils Management Advisory Committee and made publicly available.
advertisement has the same meaning as in the Act.
Note—
The term is defined as a sign, notice, device or representation in the nature of an advertisement visible from any public place or public reserve or from any navigable water.
advertising structure has the same meaning as in the Act.
Note—
The term is defined as a structure used or to be used principally for the display of an advertisement.
Advertising structures are a type of signage—see the definition of that term in this Dictionary.
affordable housing has the same meaning as in the Act.
Note—
The term is defined as housing for very low income households, low income households or moderate income households, being such households as are prescribed by the regulations or as are provided for in an environmental planning instrument.
agricultural produce industry means a building or place used for the handling, treating, processing or packing, for commercial purposes, of produce from agriculture (including dairy products, seeds, fruit, vegetables or other plant material), and includes wineries, flour mills, cotton seed oil plants, cotton gins, feed mills, cheese and butter factories, and juicing or canning plants, but does not include a livestock processing industry.
Note—
Agricultural produce industries are a type of rural industry—see the definition of that term in this Dictionary.
agriculture means any of the following:
(a)  aquaculture,
(b)  extensive agriculture,
(c)  intensive livestock agriculture,
(d)  intensive plant agriculture.
Note—
Part 6 of the Plantations and Reafforestation Act 1999 provides that exempt farm forestry within the meaning of that Act is not subject to the Environmental Planning and Assessment Act 1979.
air transport facility means an airport or a heliport that is not part of an airport, and includes associated communication and air traffic control facilities or structures.
airport means a place that is used for the landing, taking off, parking, maintenance or repair of aeroplanes, and includes associated buildings, installations, facilities and movement areas and any heliport that is part of the airport.
Note—
Airports are a type of air transport facility—see the definition of that term in this Dictionary.
airstrip means a single runway for the landing, taking off or parking of aeroplanes for private aviation only, but does not include an airport, heliport or helipad.
amusement centre means a building or place (not being part of a pub or registered club) used principally for playing:
(a)  billiards, pool or other like games, or
(b)  electronic or mechanical amusement devices, such as pinball machines, computer or video games and the like.
animal boarding or training establishment means a building or place used for the breeding, boarding, training, keeping or caring of animals for commercial purposes (other than for the agistment of horses), and includes any associated riding school or ancillary veterinary hospital.
aquaculture has the same meaning as in the Fisheries Management Act 1994.
Note—
Aquaculture is a type of agriculture—see the definition of that term in this Dictionary.
archaeological site means a place that contains one or more relics.
attached dwelling means a building containing 3 or more dwellings, where:
(a)  each dwelling is attached to another dwelling by a common wall, and
(b)  each of the dwellings is on its own lot of land, and
(c)  none of the dwellings is located above any part of another dwelling.
Note—
Attached dwellings are a type of residential accommodation—see the definition of that term in this Dictionary.
attic means any habitable space, but not a separate dwelling, contained wholly within a roof above the ceiling line of the storey immediately below, except for minor elements such as dormer windows and the like.
backpackers’ accommodation means a building or place that:
(a)  provides temporary or short-term accommodation on a commercial basis, and
(b)  has shared facilities, such as a communal bathroom, kitchen or laundry, and
(c)  provides accommodation on a bed or dormitory-style basis (rather than by room).
Note—
Backpackers’ accommodation is a type of tourist and visitor accommodation—see the definition of that term in this Dictionary.
basement means the space of a building where the floor level of that space is predominantly below ground level (existing) and where the floor level of the storey immediately above is less than 1 metre above ground level (existing).
bed and breakfast accommodation means an existing dwelling in which temporary or short-term accommodation is provided on a commercial basis by the permanent residents of the dwelling and where:
(a)  meals are provided for guests only, and
(b)  cooking facilities for the preparation of meals are not provided within guests’ rooms, and
(c)  dormitory-style accommodation is not provided.
Note—
See clause 5.4 for controls relating to the number of bedrooms for bed and breakfast accommodation.
Bed and breakfast accommodation is a type of tourist and visitor accommodation—see the definition of that term in this Dictionary.
bee keeping means a building or place used for the keeping and breeding of bees for commercial purposes.
Note—
Bee keeping is a type of extensive agriculture—see the definition of that term in this Dictionary.
biodiversity means biological diversity.
biological diversity has the same meaning as in the Threatened Species Conservation Act 1995.
Note—
The term is defined as follows:
biological diversity means the diversity of life and is made up of the following 3 components:
(a)  genetic diversity—the variety of genes (or units of heredity) in any population,
(b)  species diversity—the variety of species,
(c)  ecosystem diversity—the variety of communities or ecosystems.
biosolids treatment facility means a building or place used as a facility for the treatment of biosolids from a sewage treatment plant or from a water recycling facility.
Note—
Biosolids treatment facilities are a type of sewerage system—see the definition of that term in this Dictionary.
boarding house means a building that:
(a)  is wholly or partly let in lodgings, and
(b)  provides lodgers with a principal place of residence for 3 months or more, and
(c)  may have shared facilities, such as a communal living room, bathroom, kitchen or laundry, and
(d)  has rooms, some or all of which may have private kitchen and bathroom facilities, that accommodate one or more lodgers,
but does not include backpackers’ accommodation, a group home, hotel or motel accommodation, seniors housing or a serviced apartment.
Note—
Boarding houses are a type of residential accommodation—see the definition of that term in this Dictionary.
boat building and repair facility means any facility (including a building or other structure) used primarily for the construction, maintenance or repair of boats, whether or not including the storage, sale or hire of boats, but does not include a marina or boat shed.
boat launching ramp means a structure designed primarily for the launching of trailer borne recreational vessels, and includes associated car parking facilities.
boat shed means a building or other structure used for the storage and routine maintenance of a boat or boats and that is associated with a private dwelling or non-profit organisation, and includes any skid used in connection with the building or other structure.
brothel has the same meaning as in the Act.
Note—
This definition is relevant to the definitions of home occupation (sex services) and sex services premises in this Dictionary.
building has the same meaning as in the Act.
Note—
The term is defined to include part of a building and any structure or part of a structure, but not including a manufactured home, a moveable dwelling or associated structure (or part of a manufactured home, moveable dwelling or associated structure).
building height (or height of building) means the vertical distance between ground level (existing) and the highest point of the building, including plant and lift overruns, but excluding communication devices, antennae, satellite dishes, masts, flagpoles, chimneys, flues and the like.
building identification sign means a sign that identifies or names a building and that may include the name of a building, the street name and number of a building, and a logo or other symbol but does not include general advertising of products, goods or services.
Note—
Building identification signs are a type of signage—see the definition of that term in this Dictionary.
building line or setback means the horizontal distance between the property boundary or other stated boundary (measured at 90 degrees from the boundary) and:
(a)  a building wall, or
(b)  the outside face of any balcony, deck or the like, or
(c)  the supporting posts of a carport or verandah roof,
whichever distance is the shortest.
bulky goods premises means a building or place the principal purpose of which is the sale, hire or display of bulky goods, being goods that are of such size or weight as to require:
(a)  a large area for handling, display or storage, and
(b)  direct vehicular access to the site of the building or place by members of the public for the purpose of loading or unloading such goods into or from their vehicles after purchase or hire,
and including goods such as floor and window supplies, furniture, household electrical goods, equestrian supplies and swimming pools, but does not include a building or place used for the sale of foodstuffs or clothing unless their sale is ancillary to the sale or hire or display of bulky goods.
Note—
Bulky goods premises are a type of retail premises—see the definition of that term in this Dictionary.
bush fire hazard reduction work has the same meaning as in the Rural Fires Act 1997.
Note—
The term is defined as follows:
bush fire hazard reduction work means:
(a)  the establishment or maintenance of fire breaks on land, and
(b)  the controlled application of appropriate fire regimes or other means for the reduction or modification of available fuels within a predetermined area to mitigate against the spread of a bush fire,
but does not include construction of a track, trail or road.
bush fire prone land has the same meaning as in the Act.
Note—
The term is defined, in relation to an area, as land recorded for the time being as bush fire prone land on a map for the area certified as referred to in section 146 (2) of the Act.
bush fire risk management plan means a plan prepared under Division 4 of Part 3 of the Rural Fires Act 1997 for the purpose referred to in section 54 of that Act.
business identification sign means a sign:
(a)  that indicates:
(i)  the name of the person or business, and
(ii)  the nature of the business carried on by the person at the premises or place at which the sign is displayed, and
(b)  that may include the address of the premises or place and a logo or other symbol that identifies the business,
but that does not contain any advertising relating to a person who does not carry on business at the premises or place.
Note—
Business identification signs are a type of signage—see the definition of that term in this Dictionary.
business premises means a building or place at or on which:
(a)  an occupation, profession or trade (other than an industry) is carried on for the provision of services directly to members of the public on a regular basis, or
(b)  a service is provided directly to members of the public on a regular basis,
and includes a funeral home and, without limitation, premises such as banks, post offices, hairdressers, dry cleaners, travel agencies, internet access facilities, betting agencies and the like, but does not include an entertainment facility, home business, home occupation, home occupation (sex services), medical centre, restricted premises, sex services premises or veterinary hospital.
Note—
Business premises are a type of commercial premises—see the definition of that term in this Dictionary.
camping ground means an area of land that has access to communal amenities and on which campervans or tents, annexes or other similar portable and lightweight temporary shelters are, or are to be, installed, erected or placed for short term use, but does not include a caravan park.
canal estate development means development that incorporates wholly or in part a constructed canal, or other waterway or waterbody, that is inundated by or drains to a natural waterway or natural waterbody by surface water or groundwater movement (not being works of drainage, or for the supply or treatment of water, that are constructed by or with the authority of a person or body responsible for those functions and that are limited to the minimal reasonable size and capacity to meet a demonstrated need for the works), and that either:
(a)  includes the construction of dwellings (which may include tourist and visitor accommodation) of a kind other than, or in addition to:
(i)  dwellings that are permitted on rural land, and
(ii)  dwellings that are used for caretaker or staff purposes, or
(b)  requires the use of a sufficient depth of fill material to raise the level of all or part of that land on which the dwellings are (or are proposed to be) located in order to comply with requirements relating to residential development on flood prone land.
car park means a building or place primarily used for the purpose of parking motor vehicles, including any manoeuvring space and access thereto, whether operated for gain or not.
caravan park means land (including a camping ground) on which caravans (or caravans and other moveable dwellings) are, or are to be, installed or placed.
catchment action plan has the same meaning as in the Catchment Management Authorities Act 2003.
Note—
The term is defined as a catchment action plan of an authority that has been approved by the Minister under Part 4 of the Catchment Management Authorities Act 2003.
cellar door premises means a building or place that is used to sell wine by retail and that is situated on land on which there is a commercial vineyard, and where most of the wine offered for sale is produced in a winery situated on that land or is produced predominantly from grapes grown in the surrounding area.
Note—
Cellar door premises are a type of retail premises—see the definition of that term in this Dictionary.
cemetery means a building or place used primarily for the interment of deceased persons or pets or their ashes, whether or not it contains an associated building for conducting memorial services.
charter and tourism boating facility means any facility (including a building or other structure) used for charter boating or tourism boating purposes, being a facility that is used only by the operators of the facility and that has a direct structural connection between the foreshore and the waterway, but does not include a marina.
child care centre means a building or place used for the supervision and care of children that:
(a)  provides long day care, pre-school care, occasional child care or out-of-school-hours care, and
(b)  does not provide overnight accommodation for children other than those related to the owner or operator of the centre,
but does not include:
(c)  a building or place used for home-based child care, or
(d)  an out-of-home care service provided by an agency or organisation accredited by the Children’s Guardian, or
(e)  a baby-sitting, playgroup or child-minding service that is organised informally by the parents of the children concerned, or
(f)  a service provided for fewer than 5 children (disregarding any children who are related to the person providing the service) at the premises at which at least one of the children resides, being a service that is not advertised, or
(g)  a regular child-minding service that is provided in connection with a recreational or commercial facility (such as a gymnasium), by or on behalf of the person conducting the facility, to care for children while the children’s parents are using the facility, or
(h)  a service that is concerned primarily with the provision of:
(i)  lessons or coaching in, or providing for participation in, a cultural, recreational, religious or sporting activity, or
(ii)  private tutoring, or
(i)  a school, or
(j)  a service provided at exempt premises (within the meaning of Chapter 12 of the Children and Young Persons (Care and Protection) Act 1998), such as hospitals, but only if the service is established, registered or licensed as part of the institution operating on those premises.
classified road has the same meaning as in the Roads Act 1993.
Note—
The term is defined as follows:
classified road means any of the following:
(a)  a main road,
(b)  a highway,
(c)  a freeway,
(d)  a controlled access road,
(e)  a secondary road,
(f)  a tourist road,
(g)  a tollway,
(h)  a transitway,
(i)  a State work.
(See Roads Act 1993 for meanings of these terms.)
clearing native vegetation has the same meaning as in the Native Vegetation Act 2003.
Note—
The term is defined as follows:
clearing native vegetation means any one or more of the following:
(a)  cutting down, felling, thinning, logging or removing native vegetation,
(b)  killing, destroying, poisoning, ringbarking, uprooting or burning native vegetation.
(See Division 3 of Part 3 of the Native Vegetation Act 2003 for the exclusion of routine agricultural management and other farming activities from constituting the clearing of native vegetation if the landholder can establish that any clearing was carried out for the purpose of those activities.)
coastal foreshore means land with frontage to a beach, estuary, coastal lake, headland, cliff or rock platform.
coastal hazard has the same meaning as in the Coastal Protection Act 1979.
coastal lake means a body of water specified in Schedule 1 to State Environmental Planning Policy No 71—Coastal Protection.
coastal protection works has the same meaning as in the Coastal Protection Act 1979.
coastal waters of the State—see section 58 of the Interpretation Act 1987.
coastal zone has the same meaning as in the Coastal Protection Act 1979.
Note—
The term is defined as follows:
coastal zone means:
(a)  the area within the coastal waters of the State as defined in Part 10 of the Interpretation Act 1987 (including any land within those waters), and
(b)  the area of land and the waters that lie between the western boundary of the coastal zone (as shown on the maps outlining the coastal zone) and the landward boundary of the coastal waters of the State, and
(c)  the seabed (if any) and the subsoil beneath, and the airspace above, the areas referred to in paragraphs (a) and (b).
The coastal zone consists of the area between the western boundary of the coastal zone shown on the maps outlining the coastal zone and the outermost boundary of the coastal waters of the State. The coastal waters of the State extend, generally, to 3 nautical miles from the coastline of the State.
commercial premises means any of the following:
(a)  business premises,
(b)  office premises,
(c)  retail premises.
community facility means a building or place:
(a)  owned or controlled by a public authority or non-profit community organisation, and
(b)  used for the physical, social, cultural or intellectual development or welfare of the community,
but does not include an educational establishment, hospital, retail premises, place of public worship or residential accommodation.
community land has the same meaning as in the Local Government Act 1993.
correctional centre means:
(a)  any premises declared to be a correctional centre by a proclamation in force under section 225 of the Crimes (Administration of Sentences) Act 1999, including any juvenile correctional centre or periodic detention centre, and
(b)  any premises declared to be a detention centre by an order in force under section 5 (1) of the Children (Detention Centres) Act 1987,
but does not include any police station or court cell complex in which a person is held in custody in accordance with any Act.
Council means the Wingecarribee Shire Council.
crematorium means a building in which deceased persons or pets are cremated, whether or not it contains an associated building for conducting memorial services.
Crown reserve means:
(a)  a reserve within the meaning of Part 5 of the Crown Lands Act 1989, or
(b)  a common within the meaning of the Commons Management Act 1989, or
(c)  lands within the meaning of the Trustees of Schools of Arts Enabling Act 1902,
but does not include land that forms any part of a reserve under Part 5 of the Crown Lands Act 1989 provided for accommodation.
curtilage, in relation to a heritage item or conservation area, means the area of land (including land covered by water) surrounding a heritage item, a heritage conservation area, or building, work or place within a heritage conservation area, that contributes to its heritage significance.
dairy (pasture-based) means a dairy that is conducted on a commercial basis where the only restriction facilities present are milking sheds and holding yards and where cattle are constrained for no more than 10 hours in any 24 hour period (excluding during any period of drought or similar emergency relief).
Note—
Dairies (pasture-based) are a type of extensive agriculture—see the definition of that term in this Dictionary.
dairy (restricted) means a dairy that is conducted on a commercial basis where restriction facilities (in addition to milking sheds and holding yards) are present and where cattle have access to grazing for less than 10 hours in any 24 hour period (excluding during any period of drought or similar emergency relief). It may comprise the whole or part of a restriction facility.
Note—
Dairies (restricted) are a type of intensive livestock agriculture—see the definition of that term in this Dictionary.
demolish, in relation to a heritage item or an Aboriginal object, or a building, work, relic or tree within a heritage conservation area, means wholly or partly destroy, dismantle or deface the heritage item, Aboriginal object or building, work, relic or tree.
depot means a building or place used for the storage (but not sale or hire) of plant, machinery or other goods (that support the operations of an existing undertaking) when not required for use, but does not include a farm building.
designated State public infrastructure means public facilities or services that are provided or financed by the State (or if provided or financed by the private sector, to the extent of any financial or in-kind contribution by the State) of the following kinds:
(a)  State and regional roads,
(b)  bus interchanges and bus lanes,
(c)  land required for regional open space,
(d)  land required for social infrastructure and facilities (such as land for schools, hospitals, emergency services and justice purposes).
drainage means any activity that intentionally alters the hydrological regime of any locality by facilitating the removal of surface or ground water. It may include the construction, deepening, extending, opening, installation or laying of any canal, drain or pipe, either on the land or in such a manner as to encourage drainage of adjoining land.
dual occupancy means a dual occupancy (attached) or a dual occupancy (detached).
Note—
Dual occupancies are a type of residential accommodation—see the definition of that term in this Dictionary.
dual occupancy (attached) means 2 dwellings on one lot of land that are attached to each other, but does not include a secondary dwelling.
Note—
Dual occupancies (attached) are a type of dual occupancy—see the definition of that term in this Dictionary.
dual occupancy (detached) means 2 detached dwellings on one lot of land, but does not include a secondary dwelling.
Note—
Dual occupancies (detached) are a type of dual occupancy—see the definition of that term in this Dictionary.
dwelling means a room or suite of rooms occupied or used or so constructed or adapted as to be capable of being occupied or used as a separate domicile.
dwelling house means a building containing only one dwelling.
Note—
Dwelling houses are a type of residential accommodation—see the definition of that term in this Dictionary.
earthworks means excavation or filling.
ecologically sustainable development has the same meaning as in the Act.
eco-tourist facility means a building or place that:
(a)  provides temporary or short-term accommodation to visitors on a commercial basis, and
(b)  is located in or adjacent to an area with special ecological or cultural features, and
(c)  is sensitively designed and located so as to minimise bulk, scale and overall physical footprint and any ecological or visual impact.
It may include facilities that are used to provide information or education to visitors and to exhibit or display items.
Note—
See clause 5.13 for requirements in relation to the granting of development consent for eco-tourist facilities.
Eco-tourist facilities are not a type of tourist and visitor accommodation—see the definition of that term in this Dictionary.
educational establishment means a building or place used for education (including teaching), being:
(a)  a school, or
(b)  a tertiary institution, including a university or a TAFE establishment, that provides formal education and is constituted by or under an Act.
electricity generating works means a building or place used for the purpose of making or generating electricity.
emergency services facility means a building or place (including a helipad) used in connection with the provision of emergency services by an emergency services organisation.
emergency services organisation means any of the following:
(a)  Ambulance Service of New South Wales,
(b)  Fire and Rescue NSW,
(c)  NSW Rural Fire Service,
(d)  NSW Police Force,
(e)  State Emergency Service,
(f)  New South Wales Volunteer Rescue Association Incorporated,
(g)  New South Wales Mines Rescue Brigade established under the Coal Industry Act 2001,
(h)  an accredited rescue unit within the meaning of the State Emergency and Rescue Management Act 1989.
entertainment facility means a theatre, cinema, music hall, concert hall, dance hall and the like, but does not include a pub or registered club.
environmental facility means a building or place that provides for the recreational use or scientific study of natural systems, and includes walking tracks, seating, shelters, board walks, observation decks, bird hides or the like, and associated display structures.
environmental protection works means works associated with the rehabilitation of land towards its natural state or any work to protect land from environmental degradation, and includes bush regeneration works, wetland protection works, erosion protection works, dune restoration works and the like, but does not include coastal protection works.
estuary has the same meaning as in the Water Management Act 2000.
Note—
The term is defined as follows:
estuary means:
(a)  any part of a river whose level is periodically or intermittently affected by coastal tides, or
(b)  any lake or other partially enclosed body of water that is periodically or intermittently open to the sea, or
(c)  anything declared by the regulations (under the Water Management Act 2000) to be an estuary,
but does not include anything declared by the regulations (under the Water Management Act 2000) not to be an estuary.
excavation means the removal of soil or rock, whether moved to another part of the same site or to another site, but does not include garden landscaping that does not significantly alter the shape, natural form or drainage of the land.
exhibition home means a dwelling built for the purposes of the public exhibition and marketing of new dwellings, whether or not it is intended to be sold as a private dwelling after its use for those purposes is completed, and includes any associated sales or home finance office or place used for displays.
exhibition village means 2 or more exhibition homes and associated buildings and places used for house and land sales, site offices, advisory services, car parking, food and drink sales and other associated purposes.
extensive agriculture means any of the following:
(a)  the production of crops or fodder (including irrigated pasture and fodder crops) for commercial purposes,
(b)  the grazing of livestock for commercial purposes,
(c)  bee keeping,
(d)  a dairy (pasture-based).
Note—
Extensive agriculture is a type of agriculture—see the definition of that term in this Dictionary.
extractive industry means the winning or removal of extractive materials (otherwise than from a mine) by methods such as excavating, dredging, tunnelling or quarrying, including the storing, stockpiling or processing of extractive materials by methods such as recycling, washing, crushing, sawing or separating, but does not include turf farming.
Note—
Extractive industries are not a type of industry—see the definition of that term in this Dictionary.
extractive material means sand, soil, gravel, rock or similar substances that are not minerals within the meaning of the Mining Act 1992.
farm building means a structure the use of which is ancillary to an agricultural use of the landholding on which it is situated and includes a hay shed, stock holding yard, machinery shed, shearing shed, silo, storage tank, outbuilding or the like, but does not include a dwelling.
farm stay accommodation means a building or place that provides temporary or short-term accommodation to paying guests on a working farm as a secondary business to primary production.
Note—
See clause 5.4 for controls relating to the number of bedrooms.
Farm stay accommodation is a type of tourist and visitor accommodation—see the definition of that term in this Dictionary.
feedlot means a confined or restricted area that is operated on a commercial basis to rear and fatten cattle, sheep or other animals, fed (wholly or substantially) on prepared and manufactured feed, for the purpose of meat production or fibre products, but does not include a poultry farm, dairy or piggery.
Note—
Feedlots are a type of intensive livestock agriculture—see the definition of that term in this Dictionary.
fill means the depositing of soil, rock or other similar extractive material obtained from the same or another site, but does not include:
(a)  the depositing of topsoil or feature rock imported to the site that is intended for use in garden landscaping, turf or garden bed establishment or top dressing of lawns and that does not significantly alter the shape, natural form or drainage of the land, or
(b)  the use of land as a waste disposal facility.
filming means recording images (whether on film or video tape or electronically or by other means) for exhibition or broadcast (such as by cinema, television or the internet or by other means), but does not include:
(a)  still photography, or
(b)  recording images of a wedding ceremony or other private celebration or event principally for the purpose of making a record for the participants in the ceremony, celebration or event, or
(c)  recording images as a visitor or tourist for non-commercial purposes, or
(d)  recording for the immediate purposes of a television program that provides information by way of current affairs or daily news.
fish has the same meaning as in the Fisheries Management Act 1994.
Note—
The term is defined as follows:
Definition of “fish”
(1)  
Fish means marine, estuarine or freshwater fish or other aquatic animal life at any stage of their life history (whether alive or dead).
(2)  
Fish includes:
(a)  oysters and other aquatic molluscs, and
(b)  crustaceans, and
(c)  echinoderms, and
(d)  beachworms and other aquatic polychaetes.
(3)  
Fish also includes any part of a fish.
(4)  
However, fish does not include whales, mammals, reptiles, birds, amphibians or other things excluded from the definition by the regulations under the Fisheries Management Act 1994.
flood mitigation work means work designed and constructed for the express purpose of mitigating flood impacts. It involves changing the characteristics of flood behaviour to alter the level, location, volume, speed or timing of flood waters to mitigate flood impacts. Types of works may include excavation, construction or enlargement of any fill, wall, or levee that will alter riverine flood behaviour, local overland flooding, or tidal action so as to mitigate flood impacts.
floor space ratio—see clause 4.5.
Floor Space Ratio Map means the Wingecarribee Local Environmental Plan 2010 Floor Space Ratio Map.
food and drink premises means premises that are used for the preparation and retail sale of food or drink (or both) for immediate consumption on or off the premises, and includes any of the following:
(a)  a restaurant or cafe,
(b)  take away food and drink premises,
(c)  a pub.
Note—
Food and drink premises are a type of retail premises—see the definition of that term in this Dictionary.
forestry has the same meaning as forestry operations in the Forestry and National Park Estate Act 1998.
Note—
The term is defined as follows:
forestry operations means:
(a)  logging operations, namely, the cutting and removal of timber from land for the purpose of timber production, or
(b)  forest products operations, namely, the harvesting of products of trees, shrubs and other vegetation (other than timber) that are of economic value, or
(c)  on-going forest management operations, namely, activities relating to the management of land for timber production such as thinning, bush fire hazard reduction, bee-keeping, grazing and other silvicultural activities, or
(d)  ancillary road construction, namely, the provision of roads and fire trails, and the maintenance of existing railways, to enable or assist in the above operations.
freight transport facility means a facility used principally for the bulk handling of goods for transport by road, rail, air or sea, including any facility for the loading and unloading of vehicles, aircraft, vessels or containers used to transport those goods and for the parking, holding, servicing or repair of those vehicles, aircraft or vessels or for the engines or carriages involved.
function centre means a building or place used for the holding of events, functions, conferences and the like, and includes convention centres, exhibition centres and reception centres, but does not include an entertainment facility.
funeral home means premises that are used to arrange, conduct and cater for funerals and memorial services, whether or not the premises include facilities for the short-term storage, dressing and viewing of bodies of deceased persons.
Note—
Funeral homes are a type of business premises—see the definition of that term in this Dictionary.
garden centre means a building or place the principal purpose of which is the retail sale of plants and landscaping and gardening supplies and equipment. It may, if ancillary to the principal purpose for which the building or place is used, include a restaurant or cafe and the sale of any the following:
(a)  outdoor furniture and furnishings, barbecues, shading and awnings, pools, spas and associated supplies, and items associated with the construction and maintenance of outdoor areas,
(b)  pets and pet supplies,
(c)  fresh produce.
Note—
Garden centres are a type of retail premises—see the definition of that term in this Dictionary.
general industry means a building or place (other than a heavy industry or light industry) that is used to carry out an industrial activity.
Note—
General industries are a type of industry—see the definition of that term in this Dictionary.
gross floor area means the sum of the floor area of each floor of a building measured from the internal face of external walls, or from the internal face of walls separating the building from any other building, measured at a height of 1.4 metres above the floor, and includes:
(a)  the area of a mezzanine, and
(b)  habitable rooms in a basement or an attic, and
(c)  any shop, auditorium, cinema, and the like, in a basement or attic,
but excludes:
(d)  any area for common vertical circulation, such as lifts and stairs, and
(e)  any basement:
(i)  storage, and
(ii)  vehicular access, loading areas, garbage and services, and
(f)  plant rooms, lift towers and other areas used exclusively for mechanical services or ducting, and
(g)  car parking to meet any requirements of the consent authority (including access to that car parking), and
(h)  any space used for the loading or unloading of goods (including access to it), and
(i)  terraces and balconies with outer walls less than 1.4 metres high, and
(j)  voids above a floor at the level of a storey or storey above.
ground level (existing) means the existing level of a site at any point.
ground level (finished) means, for any point on a site, the ground surface after completion of any earthworks (excluding any excavation for a basement, footings or the like) for which consent has been granted or that is exempt development.
ground level (mean) means, for any site on which a building is situated or proposed, one half of the sum of the highest and lowest levels at ground level (finished) of the outer surface of the external walls of the building.
group home means a permanent group home or a transitional group home.
Note—
Group homes are a type of residential accommodation—see the definition of that term in this Dictionary.
group home (permanent) or permanent group home means a dwelling:
(a)  that is occupied by persons as a single household with or without paid supervision or care and whether or not those persons are related or payment for board and lodging is required, and
(b)  that is used to provide permanent household accommodation for people with a disability or people who are socially disadvantaged,
but does not include development to which State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 applies.
Note—
Permanent group homes are a type of group home—see the definition of that term in this Dictionary.
group home (transitional) or transitional group home means a dwelling:
(a)  that is occupied by persons as a single household with or without paid supervision or care and whether or not those persons are related or payment for board and lodging is required, and
(b)  that is used to provide temporary accommodation for the relief or rehabilitation of people with a disability or for drug or alcohol rehabilitation purposes, or that is used to provide half-way accommodation for persons formerly living in institutions or temporary accommodation comprising refuges for men, women or young people,
but does not include development to which State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 applies.
Note—
Transitional group homes are a type of group home—see the definition of that term in this Dictionary.
hardware and building supplies means a building or place the principal purpose of which is the sale or hire of goods or materials, such as household fixtures, timber, tools, paint, wallpaper, plumbing supplies and the like, that are used in the construction and maintenance of buildings and adjacent outdoor areas.
Note—
Hardware and building supplies are a type of retail premises—see the definition of that term in this Dictionary.
hazardous industry means a building or place used to carry out an industrial activity that would, when carried out and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the activity from existing or likely future development on other land in the locality), pose a significant risk in the locality:
(a)  to human health, life or property, or
(b)  to the biophysical environment.
Note—
Hazardous industries are a type of heavy industry—see the definition of that term in this Dictionary.
hazardous storage establishment means a building or place that is used for the storage of goods, materials or products and that would, when in operation and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the building or place from existing or likely future development on other land in the locality), pose a significant risk in the locality:
(a)  to human health, life or property, or
(b)  to the biophysical environment.
Note—
Hazardous storage establishments are a type of heavy industrial storage establishment—see the definition of that term in this Dictionary.
headland includes a promontory extending from the general line of the coastline into a large body of water, such as a sea, coastal lake or bay.
health care professional means any person registered under an Act for the purpose of providing health care.
health consulting rooms means premises comprising one or more rooms within (or within the curtilage of) a dwelling house used by not more than 3 health care professionals at any one time.
Note—
Health consulting rooms are a type of health services facility—see the definition of that term in this Dictionary.
health services facility means a building or place used to provide medical or other services relating to the maintenance or improvement of the health, or the restoration to health, of persons or the prevention of disease in or treatment of injury to persons, and includes any of the following:
(a)  a medical centre,
(b)  community health service facilities,
(c)  health consulting rooms,
(d)  patient transport facilities, including helipads and ambulance facilities,
(e)  hospital.
heavy industrial storage establishment means a building or place used for the storage of goods, materials, plant or machinery for commercial purposes and that requires separation from other development because of the nature of the processes involved, or the goods, materials, plant or machinery stored, and includes any of the following:
(a)  a hazardous storage establishment,
(b)  a liquid fuel depot,
(c)  an offensive storage establishment.
heavy industry means a building or place used to carry out an industrial activity that requires separation from other development because of the nature of the processes involved, or the materials used, stored or produced, and includes:
(a)  hazardous industry, or
(b)  offensive industry.
It may also involve the use of a hazardous storage establishment or offensive storage establishment.
Note—
Heavy industries are a type of industry—see the definition of that term in this Dictionary.
Height of Buildings Map means the Wingecarribee Local Environmental Plan 2010 Height of Buildings Map.
helipad 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 that is 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.
Note—
Heliports are a type of air transport facility—see the definition of that term in this Dictionary.
heritage conservation area means an area of land of heritage significance:
(a)  shown on the Heritage Map as a heritage conservation area, and
(b)  the location and nature of which is described in Schedule 5,
and includes any heritage items situated on or within that area.
heritage conservation management plan means a document prepared in accordance with guidelines prepared by the Division of the Government Service responsible to the Minister administering the Heritage Act 1977 that documents the heritage significance of an item, place or heritage conservation area and identifies conservation policies and management mechanisms that are appropriate to enable that significance to be retained.
heritage impact statement means a document consisting of:
(a)  a statement demonstrating the heritage significance of a heritage item or heritage conservation area, and
(b)  an assessment of the impact that proposed development will have on that significance, and
(c)  proposals for measures to minimise that impact.
heritage item means a building, work, place, relic, tree, object or archaeological site the location and nature of which is described in Schedule 5.
Note—
An inventory of heritage items is also available at the office of the Council.
heritage management document means:
(a)  a heritage conservation management plan, or
(b)  a heritage impact statement, or
(c)  any other document that provides guidelines for the ongoing management and conservation of a heritage item, Aboriginal object, Aboriginal place of heritage significance or heritage conservation area.
Heritage Map means the Wingecarribee Local Environmental Plan 2010 Heritage Map.
heritage significance means historical, scientific, cultural, social, archaeological, architectural, natural or aesthetic value.
high technology industry means a building or place predominantly used to carry out an industrial activity that involves any of the following:
(a)  electronic or micro-electronic systems, goods or components,
(b)  information technology (such as computer software or hardware),
(c)  instrumentation or instruments of a scientific, industrial, technological, medical or similar nature,
(d)  biological, pharmaceutical, medical or paramedical systems, goods or components,
(e)  film, television or multi-media technologies, including any post production systems, goods or components,
(f)  telecommunications systems, goods or components,
(g)  sustainable energy technologies,
(h)  any other goods, systems or components intended for use in a science or technology related field,
but does not include a building or place used to carry out an industrial activity that presents a hazard or potential hazard to the neighbourhood or that, because of the scale and nature of the processes involved, interferes with the amenity of the neighbourhood.
Note—
High technology industries are a type of light industry—see the definition of that term in this Dictionary.
highway service centre means a building or place used to provide refreshments and vehicle services to highway users. It may include any one or more of the following:
(a)  a restaurant or cafe,
(b)  take away food and drink premises,
(c)  service stations and facilities for emergency vehicle towing and repairs,
(d)  parking for vehicles,
(e)  rest areas and public amenities.
home-based child care means a dwelling used by a resident of the dwelling for the supervision and care of one or more children and that satisfies the following conditions:
(a)  the service is licensed within the meaning of the Children and Young Persons (Care and Protection) Act 1998,
(b)  the number of children (including children related to the carer or licensee) does not at any one time exceed 7 children under the age of 12 years, including no more than 5 who do not ordinarily attend school.
home business means a business that is carried on in a dwelling, or in a building ancillary to a dwelling, by one or more permanent residents of the dwelling and that does not involve:
(a)  the employment of more than 2 persons other than those residents, or
(b)  interference with the amenity of the neighbourhood by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, traffic generation or otherwise, or
(c)  the exposure to view, from any adjacent premises or from any public place, of any unsightly matter, or
(d)  the exhibition of any signage (other than a business identification sign), or
(e)  the sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail, except for goods produced at the dwelling or building,
but does not include bed and breakfast accommodation, home occupation (sex services) or sex services premises.
Note—
See clause 5.4 for controls relating to the floor area used for a home business.
home industry means a dwelling (or a building ancillary to a dwelling) used by one or more permanent residents of the dwelling to carry out an industrial activity that does not involve any of the following:
(a)  the employment of more than 2 persons other than those residents,
(b)  interference with the amenity of the neighbourhood by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, traffic generation or otherwise,
(c)  the exposure to view, from any adjacent premises or from any public place, of any unsightly matter,
(d)  the exhibition of any signage (other than a business identification sign),
(e)  the sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail, except for goods produced at the dwelling or building,
but does not include bed and breakfast accommodation or sex services premises.
Note—
See clause 5.4 for controls relating to the floor area used for a home industry.
Home industries are a type of light industry—see the definition of that term in this Dictionary.
home occupation means an occupation that is carried on in a dwelling, or in a building ancillary to a dwelling, by one or more permanent residents of the dwelling and that does not involve:
(a)  the employment of persons other than those residents, or
(b)  interference with the amenity of the neighbourhood by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, traffic generation or otherwise, or
(c)  the display of goods, whether in a window or otherwise, or
(d)  the exhibition of any signage (other than a business identification sign), or
(e)  the sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail,
but does not include bed and breakfast accommodation, home occupation (sex services) or sex services premises.
home occupation (sex services) means the provision of sex services in a dwelling that is a brothel, or in a building that is a brothel and is ancillary to such a dwelling, by no more than 2 permanent residents of the dwelling and that does not involve:
(a)  the employment of persons other than those residents, or
(b)  interference with the amenity of the neighbourhood by reason of the emission of noise, traffic generation or otherwise, or
(c)  the exhibition of any signage, or
(d)  the sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail,
but does not include a home business or sex services premises.
horticulture means the cultivation of fruits, vegetables, mushrooms, nuts, cut flowers and foliage and nursery products for commercial purposes, but does not include a plant nursery, turf farming or viticulture.
Note—
Horticulture is a type of intensive plant agriculture—see the definition of that term in this Dictionary.
hospital means a building or place used for the purpose of providing professional health care services (such as preventative or convalescent care, diagnosis, medical or surgical treatment, psychiatric care or care for people with disabilities, or counselling services provided by health care professionals) to people admitted as in-patients (whether or not out-patients are also cared for or treated there), and includes ancillary facilities for (or that consist of) any of the following:
(a)  day surgery, day procedures or health consulting rooms,
(b)  accommodation for nurses or other health care workers,
(c)  accommodation for persons receiving health care or for their visitors,
(d)  shops, kiosks, restaurants or cafes or take-away food and drink premises,
(e)  patient transport facilities, including helipads, ambulance facilities and car parking,
(f)  educational purposes or any other health-related use,
(g)  research purposes (whether or not carried out by hospital staff or health care workers or for commercial purposes),
(h)  chapels,
(i)  hospices,
(j)  mortuaries.
Note—
Hospitals are a type of health services facility—see the definition of that term in this Dictionary.
hostel means premises that are generally staffed by social workers or support providers and at which:
(a)  residential accommodation is provided in dormitories, or on a single or shared basis, or by a combination of them, and
(b)  cooking, dining, laundering, cleaning and other facilities are provided on a shared basis.
Note—
Hostels are a type of residential accommodation—see the definition of that term in this Dictionary.
hotel or motel accommodation means a building or place (whether or not licensed premises under the Liquor Act 2007) that provides temporary or short-term accommodation on a commercial basis and that:
(a)  comprises rooms or self-contained suites, and
(b)  may provide meals to guests or the general public and facilities for the parking of guests’ vehicles,
but does not include backpackers’ accommodation, a boarding house, bed and breakfast accommodation or farm stay accommodation.
Note—
Hotel or motel accommodation is a type of tourist and visitor accommodation—see the definition of that term in this Dictionary.
industrial activity means the manufacturing, production, assembling, altering, formulating, repairing, renovating, ornamenting, finishing, cleaning, washing, dismantling, transforming, processing, recycling, adapting or servicing of, or the research and development of, any goods, substances, food, products or articles for commercial purposes, and includes any storage or transportation associated with any such activity.
industrial retail outlet means a building or place that:
(a)  is used in conjunction with an industry or rural industry, and
(b)  is situated on the land on which the industry or rural industry is located, and
(c)  is used for the display or sale (whether by retail or wholesale) of only those goods that have been manufactured on the land on which the industry or rural industry is located,
but does not include a warehouse or distribution centre.
Note—
See clause 5.4 for controls relating to the retail floor area of an industrial retail outlet.
industrial training facility means a building or place used in connection with vocational training in an activity (such as forklift or truck driving, welding or carpentry) that is associated with an industry, rural industry, extractive industry or mining, but does not include an educational establishment, business premises or retail premises.
industry means any of the following:
(a)  general industry,
(b)  heavy industry,
(c)  light industry,
but does not include:
(d)  rural industry, or
(e)  extractive industry, or
(f)  mining.
information and education facility means a building or place used for providing information or education to visitors, and the exhibition or display of items, and includes an art gallery, museum, library, visitor information centre and the like.
intensive livestock agriculture means the keeping or breeding, for commercial purposes, of cattle, poultry, pigs, goats, horses or other livestock that are fed wholly or substantially on externally-sourced feed, and includes any of the following:
(a)  dairies (restricted),
(b)  feedlots,
(c)  piggeries,
(d)  poultry farms,
but does not include extensive agriculture, aquaculture or the operation of facilities for drought or similar emergency relief.
Note—
Intensive livestock agriculture is a type of agriculture—see the definition of that term in this Dictionary.
intensive plant agriculture means any of the following:
(a)  the cultivation of irrigated crops for commercial purposes (other than irrigated pasture or fodder crops),
(b)  horticulture,
(c)  turf farming,
(d)  viticulture.
Note—
Intensive plant agriculture is a type of agriculture—see the definition of that term in this Dictionary.
jetty means a horizontal decked walkway providing access from the shore to the waterway and is generally constructed on a piered or piled foundation.
kiosk means premises that are used for the purposes of selling food, light refreshments and other small convenience items such as newspapers, films and the like.
Note—
See clause 5.4 for controls relating to the gross floor area of a kiosk.
Kiosks are a type of retail premises—see the definition of that term in this Dictionary.
Land Application Map means the Wingecarribee Local Environmental Plan 2010 Land Application Map.
Land Reservation Acquisition Map means the Wingecarribee Local Environmental Plan 2010 Land Reservation Acquisition Map.
Land Zoning Map means the Wingecarribee Local Environmental Plan 2010 Land Zoning Map.
landscaped area means a part of a site used for growing plants, grasses and trees, but does not include any building, structure or hard paved area.
landscaping material supplies means a building or place used for the storage and sale of landscaping supplies such as soil, gravel, potting mix, mulch, sand, railway sleepers, screenings, rock and the like.
Note—
Landscaping material supplies are a type of retail premises—see the definition of that term in this Dictionary.
light industry means a building or place used to carry out an industrial activity that does not interfere with the amenity of the neighbourhood by reason of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, or otherwise, and includes any of the following:
(a)  high technology industry,
(b)  home industry.
Note—
Light industries are a type of industry—see the definition of that term in this Dictionary.
liquid fuel depot means premises used for the bulk storage of petrol, oil, petroleum or other inflammable liquid for wholesale distribution and at which no retail trade is conducted.
Note—
Liquid fuel depots are a type of heavy industrial storage establishment—see the definition of that term in this Dictionary.
livestock processing industry means a building or place used for the commercial production of products derived from the slaughter of animals (including poultry) or the processing of skins or wool of animals, derived principally from surrounding districts, and includes abattoirs, knackeries, tanneries, woolscours and rendering plants.
Note—
Livestock processing industries are a type of rural industry—see the definition of that term in this Dictionary.
Local Clauses Map means the Wingecarribee Local Environmental Plan 2010 Local Clauses Map.
Lot Size Map means the Wingecarribee Local Environmental Plan 2010 Lot Size Map.
maintenance, in relation to a heritage item, Aboriginal object or Aboriginal place of heritage significance, or a building, work, archaeological site, tree or place within a heritage conservation area, means ongoing protective care, but does not include the removal or disturbance of existing fabric, alterations (such as carrying out extensions or additions) or the introduction of new materials or technology.
marina means a permanent boat storage facility (whether located wholly on land, wholly on a waterway or partly on land and partly on a waterway), and includes any of the following associated facilities:
(a)  any facility for the construction, repair, maintenance, storage, sale or hire of boats,
(b)  any facility for providing fuelling, sewage pump-out or other services for boats,
(c)  any facility for launching or landing boats, such as slipways or hoists,
(d)  any car parking or commercial, tourist or recreational or club facility that is ancillary to the boat storage facility,
(e)  any berthing or mooring facilities.
market means an open-air area, or an existing building, that is used for the purpose of selling, exposing or offering goods, merchandise or materials for sale by independent stall holders, and includes temporary structures and existing permanent structures used for that purpose on an intermittent or occasional basis.
Note—
Markets are a type of retail premises—see the definition of that term in this Dictionary.
mean high water mark means the position where the plane of the mean high water level of all ordinary local high tides intersects the foreshore, being 1.44m above the zero of Fort Denison Tide Gauge and 0.515m Australian Height Datum.
medical centre means premises that are used for the purpose of providing health services (including preventative care, diagnosis, medical or surgical treatment, counselling or alternative therapies) to out-patients only, where such services are principally provided by health care professionals. It may include the ancillary provision of other health services.
Note—
Medical centres are a type of health services facility—see the definition of that term in this Dictionary.
mezzanine means an intermediate floor within a room.
mine means any place (including any excavation) where an operation is carried on for mining of any mineral by any method and any place on which any mining related work is carried out, but does not include a place used only for extractive industry.
mine subsidence district means a mine subsidence district proclaimed under section 15 of the Mine Subsidence Compensation Act 1961.
Minerals and Extractive Resources Land Map means the Wingecarribee Local Environmental Plan 2010 Minerals and Extractive Resources Land Map.
mining means mining carried out under the Mining Act 1992 or the recovery of minerals under the Offshore Minerals Act 1999, and includes:
(a)  the construction, operation and decommissioning of associated works, and
(b)  the rehabilitation of land affected by mining.
Note—
Mining is not a type of industry—see the definition of that term in this Dictionary.
mixed use development means a building or place comprising 2 or more different land uses.
mooring means a detached or freestanding apparatus located on or in a waterway and that is capable of securing a vessel, but does not include a mooring pen.
mooring pen means an arrangement of freestanding piles or other restraining devices designed or used for the purpose of berthing a vessel.
mortuary means premises that are used, or intended to be used, for the receiving, preparation, embalming and storage of bodies of deceased persons pending their interment or cremation.
moveable dwelling has the same meaning as in the Local Government Act 1993.
Note—
The term is defined as follows:
moveable dwelling means:
(a)  any tent, or any caravan or other van or other portable device (whether on wheels or not), used for human habitation, or
(b)  a manufactured home, or
(c)  any conveyance, structure or thing of a class or description prescribed by the regulations (under the Local Government Act 1993) for the purposes of this definition.
multi dwelling housing means 3 or more dwellings (whether attached or detached) on one lot of land, each with access at ground level, but does not include a residential flat building.
Note—
Multi dwelling housing is a type of residential accommodation—see the definition of that term in this Dictionary.
native fauna means any animal-life that is indigenous to New South Wales or is known to periodically or occasionally migrate to New South Wales, whether vertebrate (including fish) or invertebrate and in any stage of biological development, but does not include humans.
native flora means any plant-life that is indigenous to New South Wales, whether vascular or non-vascular and in any stage of biological development, and includes fungi and lichens, and marine vegetation within the meaning of Part 7A of the Fisheries Management Act 1994.
native vegetation has the same meaning as in the Native Vegetation Act 2003.
Note—
The term is defined as follows:
Meaning of “native vegetation”
(1)  
Native vegetation means any of the following types of indigenous vegetation:
(a)  trees (including any sapling or shrub, or any scrub),
(b)  understorey plants,
(c)  groundcover (being any type of herbaceous vegetation),
(d)  plants occurring in a wetland.
(2)  
Vegetation is indigenous if it is of a species of vegetation, or if it comprises species of vegetation, that existed in the State before European settlement.
(3)  
Native vegetation does not include any mangroves, seagrasses or any other type of marine vegetation to which section 205 of the Fisheries Management Act 1994 applies.
Natural Resources Sensitivity Map means the Wingecarribee Local Environmental Plan 2010 Natural Resources Sensitivity Map.
navigable waterway means any waterway that is from time to time capable of navigation and is open to or used by the public for navigation, but does not include flood waters that have temporarily flowed over the established bank of a watercourse.
neighbourhood shop means premises used for the purposes of selling general merchandise such as foodstuffs, personal care products, newspapers and the like to provide for the day-to-day needs of people who live or work in the local area, and may include ancillary services such as a post office, bank or dry cleaning, but does not include restricted premises.
Note—
See clause 5.4 for controls relating to the retail floor area of neighbourhood shops.
Neighbourhood shops are a type of shop—see the definition of that term in this Dictionary.
nominated State heritage item means a heritage item that:
(a)  has been identified as an item of State significance in a publicly exhibited heritage study adopted by the Council, and
(b)  the Council has, by notice in writing to the Heritage Council, nominated as an item of potential State significance.
non-potable water means water that does not meet the standards or values for drinking water recommended from time to time by the National Health and Medical Research Council.
NSW Coastal Policy means the publication titled NSW Coastal Policy 1997: A Sustainable Future for the New South Wales Coast, published by the Government.
offensive industry means a building or place used to carry out an industrial activity that would, when carried out and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the activity from existing or likely future development on other land in the locality), emit a polluting discharge (including, for example, noise) in a manner that would have a significant adverse impact in the locality or on existing or likely future development on other land in the locality.
Note—
Offensive industries are a type of heavy industry—see the definition of that term in this Dictionary.
offensive storage establishment means a building or place that is used for the storage of goods, materials or products and that would, when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the building or place from existing or likely future development on other land in the locality), emit a polluting discharge (including, for example, noise) in a manner that would have a significant adverse impact in the locality or on existing or likely future development on other land in the locality.
Note—
Offensive storage establishments are a type of heavy industrial storage establishment—see the definition of that term in this Dictionary.
office premises means a building or place used for the purpose of administrative, clerical, technical, professional or similar activities that do not include dealing with members of the public at the building or place on a direct and regular basis, except where such dealing is a minor activity (by appointment) that is ancillary to the main purpose for which the building or place is used.
Note—
Office premises are a type of commercial premises—see the definition of that term in this Dictionary.
open cut mining means mining carried out on, and by excavating, the earth’s surface, but does not include underground mining.
operational land has the same meaning as in the Local Government Act 1993.
parking space means a space dedicated for the parking of a motor vehicle, including any manoeuvring space and access to it, but does not include a car park.
passenger transport facility means a building or place used for the assembly or dispersal of passengers by any form of transport, including facilities required for parking, manoeuvring, storage or routine servicing of any vehicle that uses the building or place.
place of public worship means a building or place used for the purpose of religious worship by a congregation or religious group, whether or not the building or place is also used for counselling, social events, instruction or religious training.
plant nursery means a building or place the principal purpose of which is the retail sale of plants that are grown or propagated on site or on an adjacent site. It may include the on-site sale of any such plants by wholesale and, if ancillary to the principal purpose for which the building or place is used, the sale of landscape and gardening supplies and equipment and the storage of these items.
Note—
Plant nurseries are a type of retail premises—see the definition of that term in this Dictionary.
port facilities means any of the following facilities at or in the vicinity of a designated port within the meaning of section 47 of the Ports and Maritime Administration Act 1995:
(a)  facilities for the embarkation or disembarkation of passengers onto or from any vessels, including public ferry wharves,
(b)  facilities for the loading or unloading of freight onto or from vessels and associated receival, land transport and storage facilities,
(c)  wharves for commercial fishing operations,
(d)  refuelling, launching, berthing, mooring, storage or maintenance facilities for any vessel,
(e)  sea walls or training walls,
(f)  administration buildings, communication, security and power supply facilities, roads, rail lines, pipelines, fencing, lighting or car parks.
potable water means water that meets the standards or values for drinking water recommended from time to time by the National Health and Medical Research Council.
private open space means an area external to a building (including an area of land, terrace, balcony or deck) that is used for private outdoor purposes ancillary to the use of the building.
property vegetation plan has the same meaning as in the Native Vegetation Act 2003.
Note—
The term is defined as follows:
property vegetation plan means a property vegetation plan that has been approved under Part 4 of the Native Vegetation Act 2003.
pub means licensed premises under the Liquor Act 2007 the principal purpose of which is the retail sale of liquor for consumption on the premises, whether or not the premises include hotel or motel accommodation and whether or not food is sold or entertainment is provided on the premises.
Note—
Pubs are a type of food and drink premises—see the definition of that term in this Dictionary.
public administration building means a building used as offices or for administrative or other like purposes by the Crown, a statutory body, a council or an organisation established for public purposes, and includes a courthouse or a police station.
public authority has the same meaning as in the Act.
public land has the same meaning as in the Local Government Act 1993.
Note—
The term is defined as follows:
public land means any land (including a public reserve) vested in or under the control of the council, but does not include:
(a)  a public road, or
(b)  land to which the Crown Lands Act 1989 applies, or
(c)  a common, or
(d)  land subject to the Trustees of Schools of Arts Enabling Act 1902, or
(e)  a regional park under the National Parks and Wildlife Act 1974.
public reserve has the same meaning as in the Local Government Act 1993.
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.
public utility undertaking means any of the following undertakings carried on or permitted to be carried on by or by authority of any Government Department or under the authority of or in pursuance of any Commonwealth or State Act:
(a)  railway, road transport, water transport, air transport, wharf or river undertakings,
(b)  undertakings for the supply of water, hydraulic power, electricity or gas or the provision of sewerage or drainage services,
and a reference to a person carrying on a public utility undertaking includes a reference to a council, electricity supply authority, Government Department, corporation, firm or authority carrying on the undertaking.
rainwater tank means a tank designed for the storage of rainwater gathered on the land on which the tank is situated.
recreation area means a place used for outdoor recreation that is normally open to the public, and includes:
(a)  a children’s playground, or
(b)  an area used for community sporting activities, or
(c)  a public park, reserve or garden or the like,
and any ancillary buildings, but does not include a recreation facility (indoor), recreation facility (major) or recreation facility (outdoor).
recreation facility (indoor) means a building or place used predominantly for indoor recreation, whether or not operated for the purposes of gain, including a squash court, indoor swimming pool, gymnasium, table tennis centre, health studio, bowling alley, ice rink or any other building or place of a like character used for indoor recreation, but does not include an entertainment facility, a recreation facility (major) or a registered club.
recreation facility (major) means a building or place used for large-scale sporting or recreation activities that are attended by large numbers of people whether regularly or periodically, and includes theme parks, sports stadiums, showgrounds, racecourses and motor racing tracks.
recreation facility (outdoor) means a building or place (other than a recreation area) used predominantly for outdoor recreation, whether or not operated for the purposes of gain, including a golf course, golf driving range, mini-golf centre, tennis court, paint-ball centre, lawn bowling green, outdoor swimming pool, equestrian centre, skate board ramp, go-kart track, rifle range, water-ski centre or any other building or place of a like character used for outdoor recreation (including any ancillary buildings), but does not include an entertainment facility or a recreation facility (major).
Reduced Level (RL) means height above the Australian Height Datum, being the datum surface approximating mean sea level that was adopted by the National Mapping Council of Australia in May 1971.
registered club means a club that holds a club licence under the Liquor Act 2007.
relic has the same meaning as in the Heritage Act 1977.
Note—
The term is defined as follows:
relic means any deposit, artefact, object or material evidence that:
(a)  relates to the settlement of the area that comprises New South Wales, not being Aboriginal settlement, and
(b)  is of State or local heritage significance.
research station means a building or place operated by a public authority for the principal purpose of agricultural, environmental, fisheries, forestry, minerals or soil conservation research, and includes any associated facility for education, training, administration or accommodation.
residential accommodation means a building or place used predominantly as a place of residence, and includes any of the following:
(a)  attached dwellings,
(b)  boarding houses,
(c)  dual occupancies,
(d)  dwelling houses,
(e)  group homes,
(f)  hostels,
(g)  multi dwelling housing,
(h)  residential flat buildings,
(i)  rural workers’ dwellings,
(j)  secondary dwellings,
(k)  semi-detached dwellings,
(l)  seniors housing,
(m)  shop top housing,
but does not include tourist and visitor accommodation or caravan parks.
residential care facility means accommodation for seniors or people with a disability that includes:
(a)  meals and cleaning services, and
(b)  personal care or nursing care, or both, and
(c)  appropriate staffing, furniture, furnishings and equipment for the provision of that accommodation and care,
but does not include a dwelling, hostel, hospital or psychiatric facility.
Note—
Residential care facilities are a type of seniors housing—see the definition of that term in this Dictionary.
residential flat building means a building containing 3 or more dwellings, but does not include an attached dwelling or multi dwelling housing.
Note—
Residential flat buildings are a type of residential accommodation— see the definition of that term in this Dictionary.
resource recovery facility means a building or place used for the recovery of resources from waste, including works or activities such as separating and sorting, processing or treating the waste, composting, temporary storage, transfer or sale of recovered resources, energy generation from gases and water treatment, but not including re-manufacture or disposal of the material by landfill or incineration.
Note—
Resource recovery facilities are a type of waste or resource management facility—see the definition of that term in this Dictionary.
respite day care centre means a building or place that is used for the care of seniors or people who have a disability and that does not provide overnight accommodation for people other than those related to the owner or operator of the centre.
restaurant or cafe means a building or place the principal purpose of which is the preparation and serving, on a retail basis, of food and drink to people for consumption on the premises, whether or not liquor, takeaway meals and drinks or entertainment are also provided.
Note—
Restaurants or cafes are a type of food and drink premises—see the definition of that term in this Dictionary.
restricted premises means premises that, due to their nature, restrict access to patrons or customers over 18 years of age, and includes sex shops and similar premises, but does not include a pub, hotel or motel accommodation, home occupation (sex services) or sex services premises.
restriction facilities means facilities where animals are constrained for management purposes, including milking sheds, pads, feed stalls, holding yards and paddocks where the number of livestock exceeds the ability of vegetation to recover from the effects of grazing in a normal growing season, but does not include facilities for drought or similar emergency relief.
retail premises means a building or place used for the purpose of selling items by retail, or hiring or displaying items for the purpose of selling them or hiring them out, whether the items are goods or materials (or whether also sold by wholesale), and includes any of the following;
(a)  bulky goods premises,
(b)  cellar door premises,
(c)  food and drink premises,
(d)  garden centres,
(e)  hardware and building supplies,
(f)  kiosks,
(g)  landscaping material supplies,
(h)  markets,
(i)  plant nurseries,
(j)  roadside stalls,
(k)  rural supplies,
(l)  shops,
(m)  timber yards,
(n)  vehicle sales or hire premises,
but does not include highway service centres, service stations, industrial retail outlets or restricted premises.
Note—
Retail premises are a type of commercial premises—see the definition of that term in this Dictionary.
road means a public road or a private road within the meaning of the Roads Act 1993, and includes a classified road.
roadside stall means a place or temporary structure used for the retail sale of agricultural produce or hand crafted goods (or both) produced from the property on which the stall is situated or from an adjacent property.
Note—
See clause 5.4 for controls relating to the gross floor area of roadside stalls.
Roadside stalls are a type of retail premises—see the definition of that term in this Dictionary.
rural industry means the handling, treating, production, processing, storage or packing of animal or plant agricultural products for commercial purposes, and includes any of the following:
(a)  agricultural produce industries,
(b)  livestock processing industries,
(c)  composting facilities and works (including the production of mushroom substrate),
(d)  sawmill or log processing works,
(e)  stock and sale yards,
(f)  the regular servicing or repairing of plant or equipment used for the purposes of a rural enterprise.
Note—
Rural industries are not a type of industry—see the definition of that term in this Dictionary.
rural supplies means a building or place used for the display, sale or hire of stockfeeds, grains, seed, fertilizers, veterinary supplies and other goods or materials used in farming and primary industry production.
Note—
Rural supplies are a type of retail premises—see the definition of that term in this Dictionary.
rural worker’s dwelling means a building or place that is additional to a dwelling house on the same lot and that is used predominantly as a place of residence by persons employed, whether on a long-term or short-term basis, for the purpose of agriculture or a rural industry on that land.
Note—
Rural workers’ dwellings are a type of residential accommodation—see the definition of that term in this Dictionary.
sawmill or log processing works means a building or place used for handling, cutting, chipping, pulping or otherwise processing logs, baulks, branches or stumps, principally derived from surrounding districts, into timber or other products derived from wood.
Note—
Sawmill or log processing works are a type of rural industry—see the definition of that term in this Dictionary.
Schedule 1 Map means the Wingecarribee Local Environmental Plan 2010 Schedule 1 Map.
school means a government school or non-government school within the meaning of the Education Act 1990.
Note—
Schools are a type of educational establishment—see the definition of that term in this Dictionary.
secondary dwelling means a self-contained dwelling that:
(a)  is established in conjunction with another dwelling (the principal dwelling), and
(b)  is on the same lot of land as the principal dwelling, and
(c)  is located within, or is attached to, or is separate from, the principal dwelling.
Note—
See clause 5.4 for controls relating to the total floor area of secondary dwellings.
Secondary dwellings are a type of residential accommodation—see the definition of that term in this Dictionary.
self-storage units means premises that consist of individual enclosed compartments for storing goods or materials (other than hazardous or offensive goods or materials).
Note—
Self-storage units are a type of storage premises—see the definition of that term in this Dictionary.
semi-detached dwelling means a dwelling that is on its own lot of land and is attached to only one other dwelling.
Note—
Semi-detached dwellings are a type of residential accommodation—see the definition of that term in this Dictionary.
seniors housing means a building or place that is:
(a)  a residential care facility, or
(c)  a group of self-contained dwellings, or
(d)  a combination of any of the buildings or places referred to in paragraphs (a)–(c),
and that is, or is intended to be, used permanently for:
(e)  seniors or people who have a disability, or
(f)  people who live in the same household with seniors or people who have a disability, or
(g)  staff employed to assist in the administration of the building or place or in the provision of services to persons living in the building or place,
but does not include a hospital.
Note—
Seniors housing is a type of residential accommodation—see the definition of that term in this Dictionary.
service station means a building or place used for the sale by retail of fuels and lubricants for motor vehicles, whether or not the building or place is also used for any one or more of the following:
(a)  the ancillary 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, spray painting, or chassis restoration),
(e)  the ancillary retail selling or hiring of general merchandise or services or both.
serviced apartment means a building (or part of a building) providing self-contained accommodation to tourists or visitors on a commercial basis and that is regularly serviced or cleaned by the owner or manager of the building or part of the building or the owner’s or manager’s agents.
Note—
Serviced apartments are a type of tourist and visitor accommodation—see the definition of that term in this Dictionary.
sewage reticulation system means a building or place used for the collection and transfer of sewage to a sewage treatment plant or water recycling facility for treatment, or transfer of the treated waste for use or disposal, including associated:
(a)  pipelines and tunnels, and
(b)  pumping stations, and
(c)  dosing facilities, and
(d)  odour control works, and
(e)  sewage overflow structures, and
(f)  vent stacks.
Note—
Sewage reticulation systems are a type of sewerage system—see the definition of that term in this Dictionary.
sewage treatment plant means a building or place used for the treatment and disposal of sewage, whether or not the facility supplies recycled water for use as an alternative water supply.
Note—
Sewage treatment plants are a type of sewerage system—see the definition of that term in this Dictionary.
sewerage system means any of the following:
(a)  biosolids treatment facility,
(b)  sewage reticulation system,
(c)  sewage treatment plant,
(d)  water recycling facility,
(e)  a building or place or place that is a combination of any of the things referred to in paragraphs (a)–(d).
sex services means sexual acts or sexual services in exchange for payment.
sex services premises means a brothel, but does not include home occupation (sex services).
shop means premises that sell merchandise such as groceries, personal care products, clothing, music, homewares, stationery, electrical goods or the like or that hire any such merchandise, and includes a neighbourhood shop, but does not include food and drink premises or restricted premises.
Note—
Shops are a type of retail premises—see the definition of that term in this Dictionary.
shop top housing means one or more dwellings located above ground floor retail premises or business premises.
Note—
Shop top housing is a type of residential accommodation—see the definition of that term in this Dictionary.
signage means any sign, notice, device, representation or advertisement that advertises or promotes any goods, services or events and any structure or vessel that is principally designed for, or that is used for, the display of signage, and includes any of the following:
(a)  an advertising structure,
(b)  a building identification sign,
(c)  a business identification sign,
but does not include a traffic sign or traffic control facilities.
site area means the area of any land on which development is or is to be carried out. The land may include the whole or part of one lot, or more than one lot if they are contiguous to each other, but does not include the area of any land on which development is not permitted to be carried out under this Plan.
Note—
The effect of this definition is varied by clause 4.5 for the purpose of the determination of permitted floor space area for proposed development.
site coverage means the proportion of a site area covered by buildings. However, the following are not included for the purpose of calculating site coverage:
(a)  any basement,
(b)  any part of an awning that is outside the outer walls of a building and that adjoins the street frontage or other site boundary,
(c)  any eaves,
(d)  unenclosed balconies, decks, pergolas and the like.
spa pool has the same meaning as in the Swimming Pools Act 1992.
Note—
The term is defined to include any excavation, structure or vessel in the nature of a spa pool, flotation tank, tub or the like.
stock and sale yard means a building or place that is used on a commercial basis for the purpose of offering livestock or poultry for sale and that may be used for the short-term storage and watering of stock.
Note—
Stock and sale yards are a type of rural industry—see the definition of that term in this Dictionary.
storage premises means a building or place used for the storage of goods, materials, plant or machinery for commercial purposes and where the storage is not ancillary to any industry, business premises or retail premises on the same parcel of land, and includes self-storage units, but does not include a heavy industrial storage establishment or a warehouse or distribution centre.
storey means a space within a building that is situated between one floor level and the floor level next above, or if there is no floor above, the ceiling or roof above, but does not include:
(a)  a space that contains only a lift shaft, stairway or meter room, or
(b)  a mezzanine, or
(c)  an attic.
swimming pool has the same meaning as in the Swimming Pools Act 1992.
Note—
The term is defined as follows:
swimming pool means an excavation, structure or vessel:
(a)  that is capable of being filled with water to a depth of 300 millimetres or more, and
(b)  that is solely or principally used, or that is designed, manufactured or adapted to be solely or principally used, for the purpose of swimming, wading, paddling or any other human aquatic activity,
and includes a spa pool, but does not include a spa bath, anything that is situated within a bathroom or anything declared by the regulations made under the Swimming Pools Act 1992 not to be a swimming pool for the purposes of that Act.
take away food and drink premises means premises that are predominantly used for the preparation and retail sale of food or drink (or both) for immediate consumption away from the premises.
Note—
Take away food and drink premises are a type of food and drink premises—see the definition of that term in this Dictionary.
telecommunications facility means:
(a)  any part of the infrastructure of a telecommunications network, or
(b)  any line, cable, optical fibre, fibre access node, interconnect point equipment, apparatus, tower, mast, antenna, dish, tunnel, duct, hole, pit, pole or other structure in connection with a telecommunications network, or
(c)  any other thing used in or in connection with a telecommunications network.
telecommunications network means a system, or series of systems, that carries, or is capable of carrying, communications by means of guided or unguided electromagnetic energy, or both.
temporary structure has the same meaning as in the Act.
Note—
The term is defined as follows:
temporary structure includes a booth, tent or other temporary enclosure (whether or not part of the booth, tent or enclosure is permanent), and also includes a mobile structure.
the Act means the Environmental Planning and Assessment Act 1979.
timber yard means a building or place the principal purpose of which is the sale of sawn, dressed or treated timber, wood fibre boards or similar timber products. It may include the cutting of such timber, boards or products to order and the sale of hardware, paint, tools and materials used in conjunction with the use and treatment of timber.
Note—
Timber yards are a type of retail premises—see the definition of that term in this Dictionary.
tourist and visitor accommodation means a building or place that provides temporary or short-term accommodation on a commercial basis, and includes any of the following:
(a)  backpackers’ accommodation,
(b)  bed and breakfast accommodation,
(c)  farm stay accommodation,
(d)  hotel or motel accommodation,
(e)  serviced apartments,
but does not include:
(f)  camping grounds, or
(g)  caravan parks, or
(h)  eco-tourist facilities.
transport depot means a building or place used for the parking or servicing of motor powered or motor drawn vehicles used in connection with a business, industry, shop or passenger or freight transport undertaking.
truck depot means a building or place used for the servicing and parking of trucks, earthmoving machinery and the like.
turf farming means the commercial cultivation of turf for sale and the removal of turf for that purpose.
Note—
Turf farming is a type of intensive plant agriculture—see the definition of that term in this Dictionary.
urban release area means an area of land shown hatched and lettered “Urban Release Area” on the Urban Release Area Map.
Urban Release Area Map means the Wingecarribee Local Environmental Plan 2010 Urban Release Area Map.
underground mining means:
(a)  mining carried out beneath the earth’s surface, including bord and pillar mining, longwall mining, top-level caving, sub-level caving and auger mining, and
(b)  shafts, drill holes, gas and water drainage works, surface rehabilitation works and access pits associated with that mining (whether carried out on or beneath the earth’s surface),
but does not include open cut mining.
vehicle body repair workshop means a building or place used for the repair of vehicles or agricultural machinery, involving body building, panel building, panel beating, spray painting or chassis restoration.
vehicle repair station means a building or place used for the purpose of carrying out repairs to, or the selling and fitting of accessories to, vehicles or agricultural machinery, but does not include a vehicle body repair workshop or vehicle sales or hire premises.
vehicle sales or hire premises means a building or place used for the display, sale or hire of motor vehicles, caravans, boats, trailers, agricultural machinery and the like, whether or not accessories are sold or displayed there.
Note—
Vehicle sales or hire premises are a type of retail premises—see the definition of that term in this Dictionary.
veterinary hospital means a building or place used for diagnosing or surgically or medically treating animals, whether or not animals are kept on the premises for the purpose of treatment.
viticulture means the cultivation of grapes for use in the commercial production of fresh or dried fruit or wine.
Note—
Viticulture is a type of intensive plant agriculture—see the definition of that term in this Dictionary.
warehouse or distribution centre means a building or place used mainly or exclusively for storing or handling items (whether goods or materials) pending their sale, but from which no retail sales are made.
waste disposal facility means a building or place used for the disposal of waste by landfill, incineration or other means, including such works or activities as recycling, resource recovery and other resource management activities, energy generation from gases, leachate management, odour control and the winning of extractive material to generate a void for disposal of waste or to cover waste after its disposal.
Note—
Waste disposal facilities are a type of waste or resource management facility—see the definition of that term in this Dictionary.
waste or resource management facility means any of the following:
(a)  a resource recovery facility,
(b)  a waste disposal facility,
(c)  a waste or resource transfer station,
(d)  a building or place that is a combination of any of the things referred to in paragraphs (a)–(c).
waste or resource transfer station means a building or place used for the collection and transfer of waste material or resources, including the receipt, sorting, compacting, temporary storage and distribution of waste or resources and the loading or unloading of waste or resources onto or from road or rail transport.
Note—
Waste or resource transfer stations are a type of waste or resource management facility—see the definition of that term in this Dictionary.
water recreation structure means a structure used primarily for recreational purposes that has a direct structural connection between the shore and the waterway, and may include a pier, wharf, jetty or boat launching ramp.
water recycling facility means a building or place used for the treatment of sewage effluent, stormwater or waste water for use as an alternative supply to mains water, groundwater or river water (including, in particular, sewer mining works), whether the facility stands alone or is associated with other development, and includes associated:
(a)  retention structures, and
(b)  treatment works, and
(c)  irrigation schemes.
Note—
Water recycling facilities are a type of sewerage system—see the definition of that term in this Dictionary.
water reticulation system means a building or place used for the transport of water, including pipes, tunnels, canals, pumping stations, related electricity infrastructure, dosing facilities and water supply reservoirs.
Note—
Water reticulation systems are a type of water supply system—see the definition of that term in this Dictionary.
water storage facility means a dam, weir or reservoir for the collection and storage of water, and includes associated monitoring or gauging equipment.
Note—
Water storage facilities are a type of water supply system—see the definition of that term in this Dictionary.
water supply system means any of the following:
(a)  a water reticulation system,
(b)  a water storage facility,
(c)  a water treatment facility,
(d)  a building or place that is a combination of any of the things referred to in paragraphs (a)–(c).
water treatment facility means a building or place used for the treatment of water (such as a desalination plant or a recycled or reclaimed water plant) whether the water produced is potable or not, and includes residuals treatment, storage and disposal facilities, but does not include a water recycling facility.
Note—
Water treatment facilities are a type of water supply system—see the definition of that term in this Dictionary.
waterbody means a waterbody (artificial) or waterbody (natural).
waterbody (artificial) or artificial waterbody means an artificial body of water, including any constructed waterway, canal, inlet, bay, channel, dam, pond, lake or artificial wetland, but does not include a dry detention basin or other stormwater management construction that is only intended to hold water intermittently.
waterbody (natural) or natural waterbody means a natural body of water, whether perennial or intermittent, fresh, brackish or saline, the course of which may have been artificially modified or diverted onto a new course, and includes a river, creek, stream, lake, lagoon, natural wetland, estuary, bay, inlet or tidal waters (including the sea).
watercourse means any river, creek, stream or chain of ponds, whether artificially modified or not, in which water usually flows, either continuously or intermittently, in a defined bed or channel, but does not include a waterbody (artificial).
waterway means the whole or any part of a watercourse, wetland, waterbody (artificial) or waterbody (natural).
wetland means:
(a)  natural wetland, including marshes, mangroves, backwaters, billabongs, swamps, sedgelands, wet meadows or wet heathlands that form a shallow waterbody (up to 2 metres in depth) when inundated cyclically, intermittently or permanently with fresh, brackish or salt water, and where the inundation determines the type and productivity of the soils and the plant and animal communities, or
(b)  artificial wetland, including marshes, swamps, wet meadows, sedgelands or wet heathlands that form a shallow waterbody (up to 2 metres in depth) when inundated cyclically, intermittently or permanently with water, and are constructed and vegetated with wetland plant communities.
wharf or boating facilities means a wharf (or any of the following facilities associated with a wharf or boating) that are not port facilities:
(a)  facilities for the embarkation or disembarkation of passengers onto or from any vessels, including public ferry wharves,
(b)  facilities for the loading or unloading of freight onto or from vessels and associated receival, land transport and storage facilities,
(c)  wharves for commercial fishing operations,
(d)  refuelling, launching, berthing, mooring, storage or maintenance facilities for any vessel,
(e)  sea walls or training walls,
(f)  administration buildings, communication, security and power supply facilities, roads, rail lines, pipelines, fencing, lighting or car parks.
wholesale supplies means a building or place used for the display, sale or hire of goods or materials by wholesale only to businesses that have an Australian Business Number registered under the A New Tax System (Australian Business Number) Act 1999 of the Commonwealth.