Part 1 Preliminary
1.1 Name of Plan
This Plan is Tamworth Regional 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 the Tamworth Regional Council area 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 encourage the orderly management, development and conservation of natural and other resources within the Tamworth region by protecting, enhancing or conserving:(i) important agricultural land, and(ii) timber, minerals, soil, water and other natural resources, and(iii) areas of significance for nature conservation, and(iv) places and buildings of archaeological or heritage significance,(b) to allow flexibility in the planning framework so as to encourage orderly, economic and equitable development while safeguarding the community’s interests and residential amenity,(c) to manage and strengthen retail hierarchies and employment opportunities, promote appropriate tourism development, guide affordable urban form and provide for the protection of heritage items,(d) to promote ecologically sustainable urban and rural development and control the development of flood liable land, and(e) to secure a future for agriculture by expanding Tamworth’s economic base and minimising the loss or fragmentation of productive agricultural land.
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.
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 the joint notification (if practicable) of the development application and the draft environmental planning instrument allowing the development.
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 Environmental Planning and Assessment Act 1979.(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).
Part 2 Permitted or prohibited development
2.1 Land use zones
The land use zones under this Plan are as follows:Rural ZonesRU1 Primary ProductionRU3 ForestryRU4 Primary Production Small LotsRU5 VillageRU6 TransitionResidential ZonesR1 General ResidentialR2 Low Density ResidentialR5 Large Lot ResidentialBusiness ZonesB1 Neighbourhood CentreB2 Local CentreB3 Commercial CoreB4 Mixed UseB5 Business DevelopmentB7 Business ParkIndustrial ZonesIN1 General IndustrialIN3 Heavy IndustrialSpecial Purpose ZonesSP1 Special ActivitiesSP2 InfrastructureSP3 TouristRecreation ZonesRE1 Public RecreationRE2 Private RecreationEnvironment Protection ZonesE1 National Parks and Nature ReservesE2 Environmental ConservationE3 Environmental Management
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—1Schedule 1 sets out additional permitted uses for particular land.2Schedule 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.3Schedule 3 sets out complying development (for which a complying development certificate may be issued as an alternative to obtaining development consent).4Clause 2.6 requires consent for subdivision of land.5Part 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, orin accordance with the conditions (if any) specified in that Schedule in relation to that development.(b) if the Schedule so provides—without development consent,(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—1If 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.2Part 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 182 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 2011 (363), Sch 22 [1]–[28].
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 permit subdivision only where it is considered by the Council to be necessary to maintain or increase agricultural production.• To restrict the establishment of inappropriate traffic generating uses along main road frontages.• To ensure sound management of land which has an extractive or mining industry potential and to ensure that development does not adversely affect the extractive industry.• To permit development for purposes where it can be demonstrated that suitable land or premises are not available elsewhere.2 Permitted without consentEnvironmental protection works; Extensive agriculture; Forestry; Home-based child care; Home occupations; Moorings; Roads3 Permitted with consentCellar door premises; Dual occupancy (attached); Dwelling houses; Extractive industries; Farm buildings; Intensive livestock agriculture; Intensive plant agriculture; Kiosks; Landscaping material supplies; Open cut mining; Plant nurseries; Roadside stalls; Rural workers’ dwellings; Any other development not specified in item 2 or 44 ProhibitedAmusement centres; Cemeteries; Child care centres; Commercial premises; Crematoria; Depots; Eco-tourist facilities; Educational establishments; Entertainment facilities; Exhibition homes; Exhibition villages; Function centres; Health services facilities; Heavy industrial storage establishments; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Mortuaries; Registered clubs; Residential accommodation; Respite day care centres; Restricted premises; Service stations; Serviced apartments; Sex services premises; Storage premises; Vehicle body repair workshops; Vehicle repair stations; Wharf or boating facilities; Wholesale supplies
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 consentRoads; Uses authorised under the Forestry Act 20123 Permitted with consentNil4 ProhibitedAny 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.2 Permitted without consentEnvironmental protection works; Extensive agriculture; Home-based child care; Home occupations; Moorings; Roads3 Permitted with consentAgricultural produce industries; Cellar door premises; Dual occupancies (attached); Dwelling houses; Farm buildings; Intensive plant agriculture; Kiosks; Landscaping material supplies; Light industries; Markets; Plant nurseries; Roadside stalls; Rural workers’ dwellings; Any other development not specified in item 2 or 44 ProhibitedAmusement centres; Backpackers’ accommodation; Cemeteries; Child care centres; Commercial premises; Crematoria; Eco-tourist facilities; Entertainment facilities; Exhibition villages; Heavy industrial storage establishments; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Intensive livestock agriculture; Mortuaries; Recreation facilities (major); Registered clubs; Residential accommodation; Respite day care centres; Restricted premises; Rural industries; Service stations; Serviced apartments; Sex services premises; Storage premises; Vehicle body repair workshops; Vehicle repair stations; Wharf or boating facilities; Wholesale supplies
Zone RU5 Village
1 Objectives of zone• To provide for a range of land uses, services and facilities that are associated with a rural village.• To encourage a range of housing types in appropriate locations.• To enable development for retail, commercial and light industrial purposes for the local and nearby rural community in appropriate locations and scale within the zone.2 Permitted without consentEnvironmental protection works; Home-based child care; Home occupations; Moorings; Roads3 Permitted with consentChild care centres; Community facilities; Dwelling houses; Neighbourhood shops; Places of public worship; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Respite day care centres; Schools; Any other development not specified in item 2 or 44 ProhibitedEco-tourist facilities; Forestry; Home occupations (sex services); Industrial training facilities; Intensive livestock agriculture; Multi dwelling housing; Residential flat buildings; Restricted premises; Rural workers’ dwellings; Sex services premises; Wharf or boating facilities
Zone RU6 Transition
1 Objectives of zone• To protect and maintain land that provides a transition between rural and other land uses of varying intensities or environmental sensitivities.• To minimise conflict between land uses within this zone and land uses within adjoining zones.2 Permitted without consentExtensive agriculture; Roads3 Permitted with consentAnimal boarding or training establishments; Dwelling Houses; Electricity generating works; Farm buildings; Flood mitigation works; Home-based child care; Home businesses; Home industries; Home occupations; Recreation areas; Recreation facilities (indoor); Research stations; Sewage treatment plants; Signage; Water supply systems4 ProhibitedAny development not specified in item 2 or 3
Zone R1 General Residential
1 Objectives of zone• To provide for the housing needs of the community.• To provide for a variety of housing types and densities.• To enable other land uses that provide facilities or services to meet the day to day needs of residents.2 Permitted without consentHome-based child care; Home occupations; Moorings; Roads3 Permitted with consentAttached dwellings; Boarding houses; Child care centres; Community facilities; Dwelling houses; Food and drink premises; Group homes; Home industries; Hostels; Kiosks; Markets; Multi dwelling housing; Neighbourhood shops; Places of public worship; Residential flat buildings; Respite day care centres; Semi-detached dwellings; Seniors housing; Shop top housing; Any other development not specified in item 2 or 44 ProhibitedAdvertising structures; Agriculture; Air transport facilities; Amusement centres; Animal boarding or training establishments; Boat building and repair facilities; Cemeteries; Charter and tourism boating facilities; Commercial premises; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Extractive industries; Farm buildings; Farm stay accommodation; Forestry; Freight transport facilities; Heavy industrial storage establishments; Highway service centres; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Marinas; Mooring pens; Mortuaries; Open cut mining; Passenger transport facilities; Pubs; Recreation facilities (indoor); Recreation facilities (major); Registered clubs; Research stations; Restricted premises; Rural industries; Rural workers’ dwellings; Service stations; Sex services premises; Storage premises; Transport depots; Vehicle body repair workshops; Vehicle repair stations; Waste or resource management facilities; Wharf or boating facilities; Wholesale supplies
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 consentHome-based child care; Home occupations; Roads3 Permitted with consentBed and breakfast accommodation; Boarding houses; Dwelling houses; Group homes; Health consulting rooms; Home industries; Neighbourhood shops; Any other development not specified in item 2 or 44 ProhibitedAdvertising structures; Agriculture; Air transport facilities; Amusement centres; Animal boarding or training establishments; Boat building and repair facilities; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Charter and tourism boating facilities; Commercial premises; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Exhibition villages; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Health services facilities; Heavy industrial storage establishments; Highway service centres; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Marinas; Mooring pens; Moorings; Mortuaries; Open cut mining; Passenger transport facilities; Recreation facilities (indoor); Recreation facilities (major); Registered clubs; Research stations; Residential accommodation; Restricted premises; Rural industries; Service stations; Sex services premises; Storage premises; Tourist and visitor accommodation; Transport depots; Vehicle body repair workshops; Vehicle repair stations; Waste or resource management facilities; Water recreation structures; 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.2 Permitted without consentHome-based child care; Home occupations; Moorings; Roads3 Permitted with consentBackpackers’ accommodation; Bed and breakfast accommodation; Cellar door premises; Dwelling houses; Home industries; Markets; Neighbourhood shops; Any other development not specified in item 2 or 44 ProhibitedAdvertising structures; Air transport facilities; Amusement centres; Boat building and repair facilities; Boat sheds; Cemeteries; Charter and tourism boating facilities; Commercial premises; Correctional centres; Crematoria; Dairies (pasture-based); Depots; Eco-tourist facilities; Forestry; Freight transport facilities; Heavy industrial storage establishments; Highway service centres; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Intensive livestock agriculture; Marinas; Mooring pens; Mortuaries; Passenger transport facilities; Recreation facilities (indoor); Recreation facilities (major); Registered clubs; Research stations; Residential accommodation; Restricted premises; Rural industries; Service stations; Sex services premises; Storage premises; Tourist and visitor accommodation; Transport depots; Turf farming; Vehicle body repair workshops; Vehicle repair stations; Water recreation structures; 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.2 Permitted without consentHome-based child care; Home occupations; Roads3 Permitted with consentBoarding houses; Business premises; Child care centres; Community facilities; Home industries; Medical centres; Neighbourhood shops; Respite day care centres; Shop top housing; Any other development not specified in item 2 or 44 ProhibitedAgriculture; Air transport facilities; Animal boarding or training establishments; Boat building and repair facilities; Boat sheds; Bulky goods premises; Camping grounds; Caravan parks; Cellar door premises; Cemeteries; Charter and tourism boating facilities; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Hardware and building supplies; Heavy industrial storage establishments; Highway service centres; Home occupations (sex services); Hospitals; Industrial retail outlets; Industrial training facilities; Industries; Marinas; Mooring pens; Moorings; Mortuaries; Office premises; Open cut mining; Recreational facilities (major); Registered clubs; Research stations; Roadside stalls; Rural industries; Rural supplies; Sex services premises; Storage premises; Timber yards; Tourist and visitor accommodation; Transport depots; Vehicle body repair workshops; Vehicle sales or hire premises; Waste or resource management facilities; Water recreation structures; Wharf or boating facilities; Wholesale supplies
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 ensure quality of design of buildings and public spaces to achieve a locality that is safe and accessible.• To ensure that the size and functions of both retail and commercial facilities are established in accordance with the Council’s preferred hierarchy of retail and commercial centres for the region.2 Permitted without consentHome-based child care; Home occupations; Moorings; Roads3 Permitted with consentBoarding houses; Child care centres; Commercial premises; Community facilities; Educational establishments; Entertainment facilities; Function centres; Home industries; Information and education facilities; Medical centres; Passenger transport facilities; Recreation facilities (indoor); Registered clubs; Respite day care centres; Restricted premises; Self-storage units; Service stations; Shop top housing; Tourist and visitor accommodation; Any other development not specified in item 2 or 44 ProhibitedAgriculture; Air transport facilities; Animal boarding or training establishments; Cemeteries; Correctional centres; Crematoria; Eco-tourist facilities; Exhibition villages; Extractive industries; Farm buildings; Forestry; Heavy industrial storage establishments; Industrial training facilities; Industries; Open cut mining; Rural industries; Rural workers’ dwellings; Sex services premises; Storage premises; Wharf or boating facilities
Zone B3 Commercial Core
1 Objectives of zone• To provide a wide range of retail, business, office, entertainment, community and other suitable land uses that serve the needs of the local and wider community.• To encourage appropriate employment opportunities in accessible locations.• To maximise public transport patronage and encourage walking and cycling.2 Permitted without consentRoads3 Permitted with consentAttached dwellings; Boarding houses; Child care centres; Commercial premises; Community facilities; Educational establishments; Entertainment facilities; Function centres; Home industries; Hostels; Hotel or motel accommodation; Information and education facilities; Medical centres; Multi dwelling housing; Passenger transport facilities; Recreation facilities (indoor); Registered clubs; Residential flat buildings; Respite day care centres; Restricted premises; Shop top housing; Any other development not specified in item 2 or 44 ProhibitedAgriculture; Air transport facilities; Animal boarding or training establishments; Bed and breakfast accommodation; Boat building and repair facilities; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Charter and tourism boating facilities; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Environmental facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Farm stay accommodation; Forestry; Freight transport facilities; Heavy industrial storage establishments; Highway service centres; Industrial training facilities; Industries; Liquid fuel depots; Marinas; Mooring pens; Moorings; Mortuaries; Open cut mining; Recreation facilities (major); Recreation facilities (outdoor); Residential accommodation; Rural industries; Rural workers’ dwellings; Service stations; Sex services premises; Storage premises; Vehicle body repair workshops; Veterinary hospitals; Waste or resource management facilities; Water recreation structures; 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.2 Permitted without consentRoads3 Permitted with consentAttached dwellings; Boarding houses; Child care centres; Commercial premises; Community facilities; Educational establishments; Entertainment facilities; Function centres; Home industries; Hostels; Hotel or motel accommodation; Information and education facilities; Medical centres; Multi dwelling housing; Passenger transport facilities; Recreation facilities (indoor); Registered clubs; Residential flat buildings; Respite day care centres; Restricted premises; Seniors housing; Shop top housing; Any other development not specified in item 2 or 44 ProhibitedAgriculture; Air transport facilities; Animal boarding or training establishments; Cemeteries; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Farm stay accommodation; Forestry; Freight transport facilities; Heavy industrial storage establishments; Industrial training facilities; Industries; Open cut mining; Recreation facilities (major); Recreation facilities (outdoor); Residential accommodation; Rural industries; Sex services premises; Storage premises; Vehicle body repair workshops; Waste or resource management facilities; 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.2 Permitted without consentRoads3 Permitted with consentBulky goods premises; Child care centres; Garden centres; Hardware and building supplies; Landscaping material supplies; Light industries; Liquid fuel depots; Passenger transport facilities; Respite day care centres; Self-storage units; Shop top housing; Warehouse or distribution centres; Any other development not specified in item 2 or 44 ProhibitedAgriculture; Air transport facilities; Animal boarding or training establishments; Bed and breakfast accommodation; Boat building and repair facilities; Boat sheds; Business premises; Camping grounds; Caravan parks; Cellar door premises; Cemeteries; Charter and tourism boating facilities; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Environmental facilities; Exhibition homes; Exhibition villages; Farm buildings; Farm stay accommodation; Forestry; Heavy industrial storage establishments; Home-based child care; Home businesses; Home occupations; Home occupations (sex services); Industrial training facilities; Industries; Marinas; Mooring pens; Moorings; Places of public worship; Recreation facilities (major); Recreation facilities (outdoor); Research stations; Residential accommodation; Roadside stalls; Rural industries; Sex services premises; Vehicle body repair workshops; Vehicle repair stations; Water recreation structures; 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.2 Permitted without consentRoads3 Permitted with consentChild care centres; Food and drink premises; Hardware and building supplies; Landscaping material supplies; Light industries; Neighbourhood shops; Office premises; Passenger transport facilities; Plant nurseries; Respite day care centres; Rural supplies; Self-storage units; Shop top housing; Timber yards; Vehicle sales or hire premises; Warehouse or distribution centres; Any other development not specified in item 2 or 44 ProhibitedAgriculture; Airports; Amusement centres; Animal boarding or training establishments; Boat sheds; Business premises; Camping grounds; Caravan parks; Cemeteries; Charter and tourism boating facilities; Community facilities; Correctional centres; Crematoria; Eco-tourist facilities; Exhibition homes; Exhibition villages; Farm buildings; Forestry; Heavy industrial storage establishments; Heavy industries; Home-based child care; Home occupations (sex services); Industrial training facilities; Information and education facilities; Marinas; Mooring pens; Moorings; Pubs; Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Residential accommodation; Retail premises; Rural industries; Sex services premises; Tourist and visitor accommodation; Water recreation structures; 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 enable land uses that provide facilities or services to meet the day to day needs of workers in the area.2 Permitted without consentRoads3 Permitted with consentDepots; Freight transport facilities; General industries; Hardware and building supplies; Industrial training facilities; Landscaping material supplies; Light industries; Liquid fuel depots; Neighbourhood shops; Plant nurseries; Rural supplies; Shop top housing; 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 44 ProhibitedAgriculture; Air transport facilities; Amusement centres; Animal boarding or training establishments; Boat sheds; Camping grounds; Caravan parks; Charter and tourism boating facilities; Child care centres; Commercial premises; Community facilities; Correctional centres; Eco-tourist facilities; Educational establishments; Entertainment facilities; Exhibition homes; Exhibition villages; Farm buildings; Forestry; Function centres; Health services facilities; Heavy industrial storage establishments; Heavy industries; Home-based child care; Home businesses; Home occupations (sex services); Information and education facilities; Marinas; Mooring pens; Moorings; Places of public worship; Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Residential accommodation; Respite day care centres; Tourist and visitor accommodation; Veterinary hospitals; 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 consentRoads3 Permitted with consentDepots; Freight transport facilities; General industries; Hazardous storage establishments; Heavy industries; Landscaping material supplies; Offensive storage establishments; Plant nurseries; Take away food and drink premises; Vehicle sales or hire premises; Warehouse or distribution centres; Any other development not specified in item 2 or 44 ProhibitedAgriculture; Airports; Amusement centres; Animal boarding or training establishments; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Charter and tourism boating facilities; Child care centres; Commercial premises; Community facilities; Correctional centres; Crematoria; Eco-tourist facilities; Educational establishments; Entertainment facilities; Environmental facilities; Exhibition homes; Exhibition villages; Farm buildings; Forestry; Function centres; Health services facilities; Home-based child care; Home businesses; Home industries; Home occupations; Home occupations (sex services); Industrial training facilities; Information and education facilities; Marinas; Mooring pens; Moorings; Passenger transport facilities; Places of public worship; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Residential accommodation; Respite day care centres; Restricted premises; Self-storage units; Sex services premises; Tourist and visitor accommodation; 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 consentNil3 Permitted with consentThe purpose shown on the Land Zoning Map, including any development that is ordinarily incidental or ancillary to development for that purpose4 ProhibitedAny 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.2 Permitted without consentNil3 Permitted with consentThe purpose shown on the Land Zoning Map, including any development that is ordinarily incidental or ancillary to development for that purpose; Roads4 ProhibitedAny 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 facilitate development that recognises the unique characteristics of the nationally and regionally significant tourist precincts that are the Australian Equine Livestock and Events Centre (AELEC) and the Tamworth Regional Racing Precinct.2 Permitted without consentHome occupations; Moorings; Roads3 Permitted with consentAmusement centres; Animal boarding or training establishments; Boat sheds; Camping grounds; Car parks; Caravan parks; Charter and tourism boating facilities; Child care centres; Community facilities; Electricity generating works; Entertainment facilities; Environmental facilities; Food and drink premises; Function centres; Helipads; Highway service centres; Information and education facilities; Kiosks; Markets; Medical centres; Office premises; Passenger transport facilities; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Respite day care centres; Retail premises; Sewage treatment plants; Signage; Tourist and visitor accommodation; Veterinary hospitals; Water recreation structures; Water supply systems4 ProhibitedBulky goods premises; Cellar door premises; Garden centres; Hardware and building supplies; Landscaping material supplies; Plant nurseries; Roadside stalls; Rural supplies; Shops; Timber yards; Vehicle sales or hire premises; Any other development not specified in item 2 or 3
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.2 Permitted without consentEnvironmental protection works; Moorings; Roads3 Permitted with consentBoat sheds; Building identification signs; Business identification signs; Camping grounds; Car parks; Caravan parks; Charter and tourism boating facilities; Child care centres; Community facilities; Crematoria; Electricity generating works; Entertainment facilities; Environmental facilities; Function centres; Helipads; Information and education facilities; Kiosks; Markets; Medical centres; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Respite day care centres; Restaurants or cafes; Sewage treatment plants; Shops; Waste or resource management facilities; Water recreation structures; Water supply systems4 ProhibitedCommercial premises; Neighbourhood shops; 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 consentEnvironmental protection works; Moorings; Roads3 Permitted with consentCommunity facilities; Environmental facilities; Food and drink premises; Garden centres; Kiosks; Medical centres; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Shops; Any other development not specified in item 2 or 44 ProhibitedAdvertising structures; Agriculture; Air transport facilities; Amusement centres; Animal boarding or training establishments; Boat building and repair facilities; Cemeteries; Commercial premises; Correctional centres; Depots; Eco-tourist facilities; Educational establishments; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Health services facilities; Heavy industrial storage establishments; Highway service centres; Home-based child care; Home businesses; Home occupations; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Marinas; Mooring pens; Mortuaries; Passenger transport facilities; Places of public worship; Pubs; Research stations; Residential accommodation; Restricted premises; Rural industries; Service stations; Sex services premises; Storage premises; Transport depots; Vehicle body repair workshops; Vehicle repair stations; Veterinary hospitals; Wharf or boating facilities; Wholesale supplies
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 consentUses authorised under the National Parks and Wildlife Act 19743 Permitted with consentNil4 ProhibitedAny 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 consentNil3 Permitted with consentBuilding identification signs; Business identification signs; Environmental facilities; Environmental protection works; Flood mitigation works; Information and education facilities; Recreation areas; Research stations4 ProhibitedBusiness 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.2 Permitted without consentHome occupations3 Permitted with consentBed and breakfast accommodation; Building identification signs; Business identification signs; Cellar door premises; Dwelling houses; Electricity generating works; Environmental facilities; Environmental protection works; Extensive agriculture; Extractive industries; Farm buildings; Farm stay accommodation; Flood mitigation works; Home-based child care; Home businesses; Home industries; Information and education facilities; Kiosks; Neighbourhood shops; Recreation areas; Research stations; Roads; Roadside stalls; Secondary dwellings; Sewage treatment plants; Water supply systems4 ProhibitedIndustries; 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
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, andis complying development.(b) the requirements of this Part,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,(c) land to which State Environmental Planning Policy No 14—Coastal Wetlands or State Environmental Planning Policy No 26—Littoral Rainforests applies,(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.
Part 4 Principal development standards
4.1 Minimum subdivision lot size
(1) The objectives of this clause are as follows:(a) to ensure that new subdivisions are consistent with the predominant lot sizes and holding patterns of the surrounding locality,(b) to ensure that lot sizes have a practical and efficient layout to meet the intended use of the lot,(c) to prevent the fragmentation of rural lands.(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
(1) The objectives of this clause are as follows:(a) to ensure that land to which this clause applies is not fragmented by subdivisions that would create additional dwelling entitlements.(2) This clause applies to a subdivision (being a subdivision that requires development consent) under the Community Land Development Act 1989 of land in any of the following zones:(a) Zone RU1 Primary Production,(b) Zone RU4 Primary Production Small Lots,(c) Zone RU6 Transition,(d) Zone E2 Environmental Conservation,(e) Zone E3 Environmental Management.(3) The size of any lot resulting from a subdivision of land to which this clause applies (other than any lot comprising association property within the meaning of the Community Land Development Act 1989) is not to be less than the minimum size shown on the Lot Size Map in relation to that land.cl 4.1AA: Ins 2011 (363), Sch 22 [29].
4.1A Minimum subdivision lot size for Zones R1 and RU5
Despite clause 4.1, the size of any lot resulting from a subdivision of land in Zone R1 General Residential or Zone RU5 Village may be less than the minimum lot size shown on the Lot Size Map in relation to that land, but not less than 450 square metres (excluding access handles), if:(a) the land is connected to a reticulated sewerage system, and(b) development consent has been granted in respect of the subdivision for the purposes of any of the following:(i) dual occupancy,(ii) multi dwelling housing,(iii) attached dwellings,(iv) semi-detached dwellings.
4.1B Minimum subdivision lot sizes for certain split zones
(1) The objectives of this clause are:(a) to provide for the subdivision of lots that are within more than one zone but cannot be subdivided under clause 4.1, and(b) to ensure that the subdivision occurs in a manner that promotes suitable land use and development.(2) This clause applies to each lot (an original lot) that contains:(a) land in a residential, business or industrial zone, and(b) land in Zone RU1 Primary Production, Zone RU4 Primary Production Small Lots, Zone RU6 Transitions, Zone E2 Environmental Conservation or Zone E3 Environmental Management.(3) Despite clause 4.1, development consent may be granted to subdivide an original lot to create other lots (the resulting lots) if:(a) one of the resulting lots will contain:(i) land in a residential, business or industrial zone that has an area that is not less than the minimum size shown on the Lot Size Map in relation to that land, and(ii) all of the land in Zone RU1 Primary Production, Zone RU4 Primary Production Small Lots, Zone RU6 Transitions, Zone E2 Environmental Conservation or Zone E3 Environmental Management that was in the original lot, and(b) all other resulting lots will contain land that has an area that is not less than the minimum size shown on the Lot Size Map in relation to that land.cll 4.1B, 4.2B: Am 2011 (363), Sch 22 [30].
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 RU2 Rural Landscape.(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 1—A dwelling includes a rural worker’s dwelling (see definition of that term in the Dictionary).cll 4.1B, 4.2B: Am 2011 (363), Sch 22 [30].
4.2A Lot size exceptions for certain rural subdivisions
Land in a zone to which clause 4.2 applies may, with development consent, be subdivided 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, if the consent authority is satisfied that the use of the land after the subdivision will be the same use permitted under the existing development consent for the land (other than for the purpose of a dwelling house or a dual occupancy).cll 4.1B, 4.2B: Am 2011 (363), Sch 22 [30].
4.2B 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 unplanned rural residential development, and(b) to enable the replacement of lawfully erected dwelling houses in rural and environmental protection zones.(2) This clause applies to land in the following zones:(a) Zone RU1 Primary Production,(b) Zone RU4 Primary Production Small Lots,(c) Zone RU6 Transition.(3) Development consent must not be granted for the erection of a dwelling house on land in a zone to which this clause applies, and on which no dwelling house has been erected, unless the land 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 pursuant to clause 13, 14, 15 or 16 of Barraba Local Environmental Plan 1990 and, if the lot was created pursuant to clause 14 or 15, development consent has been granted for the purpose for which it was created, or(c) a lot created pursuant to clause 14, 15, 16 or 17 of Manilla Local Environmental Plan 1988 and, if the lot was created pursuant to clause 15 or 17, development consent has been granted for the purpose for which it was created, or(d) a lot created pursuant to clause 12, 13 or 15 of Nundle Local Environmental Plan 2000 and, if the lot was created pursuant to clause 13 or 15, development consent has been granted for the purpose for which it was created, or(e) a lot created pursuant to clause 13, 15, 16 or 17A of Parry Local Environmental Plan 1987 and, if the lot was created pursuant to clause 16 or 17A, development consent has been granted for the purpose for which it was created, or(f) a lot created pursuant to clause 11 or 12 of Tamworth Local Environmental Plan 1996 and, if the lot was created pursuant to clause 12, development consent has been granted for the purpose for which it was created, or(g) an existing holding.Note—A dwelling cannot be erected on a lot created under clause 9 of the State Environmental Planning Policy (Rural Lands) 2008 or clause 4.2.(4) Land ceases to be an existing holding for the purposes of subclause (3) (g) if an application for development consent referred to in that subclause is not made in relation to that land before 2 years after the commencement of this Plan.(5) Despite any other provision of this clause, development consent may be granted for the erection of a dwelling house on land 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 and is not occupied until the lawfully erected dwelling house is demolished or its occupation has permanently ceased, 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 consolidation of lots, but not so as to reduce the area of the land on which the dwelling house will be erected, or(iii) a subdivision creating or widening a public road or public reserve or for another public purpose, or(c) the dwelling house will replace a lawfully erected dwelling house that was either:(i) removed from the site, or(ii) partially or completely destroyed,less than 2 years before the lodgement of a development application under this plan for the purpose of a dwelling house.(6) In this clause:existing holding means all adjoining land, even if separated by a road or railway, held in the same ownership:(a) on the relevant date, andand includes any other land adjoining that land acquired by the owner since the relevant date.(b) at the time of lodging a development application for the erection of a dwelling house under this clause,relevant date means:(a) in relation to land to which Manilla Local Environmental Plan 1988 applied—13 May 1988, or(b) in relation to land to which Nundle Local Environmental Plan 2000 applied—14 November 1982, or(c) in relation to land to which Parry Local Environmental Plan 1987 applied—9 October 1986.cll 4.1B, 4.2B: Am 2011 (363), Sch 22 [30].
4.2C Minimum subdivision lot size for strata subdivision of residential or tourist and visitor accommodation in certain zones
(1) The objective of this clause is to ensure that land to which this clause applies is not fragmented by subdivisions that would create additional dwelling entitlements.(2) This clause applies to land in the following zones that is used, or proposed to be used, for residential accommodation or tourist and visitor accommodation:(a) Zone RU1 Primary Production,(b) Zone RU4 Primary Production Small Lots,(c) Zone RU6 Transition,(d) Zone E2 Environmental Conservation,(e) Zone E3 Environmental Management.(3) Development consent must not be granted for the subdivision of a lot to which this clause applies under a strata plan that would create lots below the minimum size shown on the Lot Size Map for that lot.Note—See note 2 to clause 2.6 (1).cl 4.2C: Am 2011 (363), Sch 22 [30]–[32].
4.3 Height of buildings
[Not adopted]
4.4 Floor space ratio
(1) The objectives of this clause are as follows:(a) to ensure that the bulk and scale of new buildings is appropriate in relation to the development pattern of surrounding uses and buildings.(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), andthe 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.(b) proposed development relates to the affected land and other land that together comprise the site of the proposed development,(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 RU2 Rural Landscape or Zone E4 Environmental Living.(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 6.2.cl 4.6: Am 2011 (363), Sch 22 [33].
Part 5 Miscellaneous provisions
5.1 Relevant acquisition authority
(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).
5.1A Development on land intended to be acquired for public purposes
(1) The objective of this clause is to limit development on certain land intended to be acquired for a public purpose.(2) This clause applies to land shown on the Land Reservation Acquisition Map and specified in Column 1 of the Table to this clause and that has not been acquired by the relevant authority of the State specified for the land in clause 5.1.(3) Development consent must not be granted to any development on land to which this clause applies other than development for a purpose specified opposite that land in Column 2 of the Table.
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
(1) The objective of this clause is to provide flexibility where the investigation of a site and its surroundings reveals that a use allowed on the other side of a zone boundary would enable a more logical and appropriate development of the site and be compatible with the planning objectives and land uses for the adjoining zone.(2) This clause applies to so much of any land that is within the relevant distance of a boundary between any 2 zones. The relevant distance is 20 metres.(3) This clause does not apply to:(a) land in Zone RE1 Public Recreation, Zone E1 National Parks and Nature Reserves, Zone E2 Environmental Conservation, Zone E3 Environmental Management or Zone W1 Natural Waterways, or(ab) land in Zone RU6 Transition, or(b) land within the coastal zone, or(c) land proposed to be developed for the purpose of sex services or restricted premises.(4) Despite the provisions of this Plan relating to the purposes for which development may be carried out, development consent may be granted to development of land to which this clause applies for any purpose that may be carried out in the adjoining zone, but only if the consent authority is satisfied that:(a) the development is not inconsistent with the objectives for development in both zones, and(b) the carrying out of the development is desirable due to compatible land use planning, infrastructure capacity and other planning principles relating to the efficient and timely development of land.(5) This clause does not prescribe a development standard that may be varied under this Plan.cl 5.3: Am 2011 (363), Sch 22 [34].
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 50 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 50 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, orwhichever is the lesser.(b) 400 square metres,(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 4 bedrooms.(6) Kiosks If development for the purposes of a kiosk is permitted under this Plan, the gross floor area must not exceed 20 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 150 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 12 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) 25% of the total floor area of the principal dwelling.cl 5.4: Am 2011 (363), Sch 22 [35] [36].
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, orunless the Council is satisfied that the proposed activity:(b) that is or forms part of an Aboriginal object or that is within an Aboriginal place of heritage significance,(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 22 [37].
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 the Tamworth Regional Council area,(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, orrequire 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.(c) on land that is within the vicinity of land referred to in paragraph (a) or (b),(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: Am 2011 (363), Sch 22 [38].
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 created by a subdivision previously consented to 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.(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).
6.2 Public utility infrastructure
(1) Development consent must not be granted for development on land in an urban release area 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.(2) This clause does not apply to development for the purpose of providing, extending, augmenting, maintaining or repairing any public utility infrastructure.
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 Earthworks
(1) The objectives of this clause are as follows:(a) to ensure that earthworks for which development consent is required will not have a detrimental impact on environmental functions and processes, neighbouring uses, cultural or heritage items or features of the 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 is exempt development under this Plan or another applicable environmental planning instrument, or(b) the work is ancillary to other development for which development consent has been given.(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 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 and the destination of any excavated material,(f) the likelihood of disturbing relics,(g) proximity to and potential for adverse impacts on any watercourse, drinking water catchment or environmentally sensitive area.Note—The National Parks and Wildlife Act 1974, particularly section 86, deals with disturbing or excavating land and Aboriginal objects.
7.2 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 changes as a result of 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 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) is not likely to 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) is not likely to 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) is not 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 Floodplain Development Manual, published by the NSW Government 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 Map means the Tamworth Regional Local Environmental Plan 2010 Flood Planning Map.
7.3 Erection of rural workers’ dwellings on land in Zone RU1 and RU4
(1) The objective of this clause is to ensure the provision of adequate accommodation for employees of existing agricultural or rural industries.(2) This clause applies to land in the following zones:(a) Zone RU1 Primary Production,(b) Zone RU4 Primary Production Small Lots.(3) Development consent must not be granted for the erection of a rural worker’s dwelling unless the consent authority is satisfied that:(a) the development will not impair the use of the land for agricultural and rural industries, and(b) there is a demonstrated economic capacity of the agricultural or rural industry being carried out on the land to support the ongoing employment of rural workers, and(c) the development is necessary considering the nature of the agricultural or rural industry land use lawfully occurring on the land or as a result of the remote or isolated location of the land, and(d) the development will not result in more than 1 rural worker’s dwelling being erected on the land comprising the agricultural or rural industry.cl 7.3: Am 2011 (363), Sch 22 [30].
7.4 Development in Zone B1 and Zone B4
(1) The objective of this clause is to ensure that proposed business premises, office premises, cellar door premises, food and drink premises, markets and shops are located within the Tamworth CBD and other local centres in the region, other than in Zone B1 Neighbourhood Centre or Zone B4 Mixed Use.(2) Development consent must not be granted to development for the purposes of business premises, office premises, cellar door premises, food and drink premises, markets or shops on land in Zone B1 Neighbourhood Centre or Zone B4 Mixed Use if the development would result in a building or premises having a gross floor area of more than 2,500 square metres.(3) This clause does not apply to the following:(a) Lot 8, DP 773136 at 67–81 Bridge Street, Tamworth,(b) Lots 1 and 2, DP 563441 and Lot 3, DP 222686 at Kathleen Street, Tamworth.cl 7.4: Am 2011 (363), Sch 22 [39] [40].
7.5 Development within a designated buffer area
(1) The objective of this clause is to protect the operational environment of sewage treatment plants, waste disposal facilities and water treatment facilities.(2) This clause applies to land identified as “STP”, “WDF” and “WTF” on the Sewage Treatment Plant Map, Waste Disposal Facility Map and Water Treatment Facilities Map.(3) Before granting development consent for development on land to which this clause applies, the consent authority must consider the following matters:(a) the impact that any noise and other emissions associated with existing land uses would have on the proposed development,(b) any proposed measures incorporated into the development that limit the impact of such noise and other emissions associated with the existing land use,(c) any opportunities to relocate the proposed development outside the land to which this clause applies,(d) whether the proposed development would adversely affect the operational environment of any existing development on the land to which this clause applies.
7.6 Development in flight path
(1) The objectives of this clause are:(a) to provide for the effective and on-going operation of the Tamworth Airport, and(b) to ensure that any such operation is not compromised by proposed development in the flight path of that airport.(2) Development consent must not be granted to erect a building on land in the flight path of the Tamworth Airport if the proposed height of the building would exceed the obstacle height limit determined by the relevant Commonwealth body.(3) Before granting development consent to the erection of a building in the flight path of the Tamworth Airport, the consent authority must:(a) give notice of the proposed development to the relevant Commonwealth body, and(b) consider any comment made by the relevant Commonwealth body within 28 days of the body having been given notice of the proposed development, and(c) consider whether the proposed use of the building will be adversely affected by the exposure to aircraft noise.(4) For the purposes of this clause, land is in the flight path of the Tamworth Airport if the relevant Commonwealth body has notified the consent authority that the land is in such a flight path.(5) In this clause:obstacle height limit means the land shown as “Obstacle Height Limitation” on the Obstacle Height Limitation Surface Height Map.relevant Commonwealth body means the body that is responsible for development approvals for development that penetrates the Obstacle Height Limitation for the Tamworth Airport under Commonwealth legislation.
7.7 Development in areas subject to aircraft noise
(1) This clause applies to development that:(a) is on land that:(i) is near an airport, and(ii) is in an ANEF contour of 20 or greater, and(b) the consent authority considers is likely to be adversely affected by aircraft noise.(2) Before determining a development application for development to which this clause applies, the consent authority:(a) must consider whether the development will result in an increase in the number of dwellings or people affected by aircraft noise, and(b) must consider the location of the development in relation to the criteria set out in Table 2.1 (Building Site Acceptability Based on ANEF Zones) in AS 2021—2000, Acoustics—Aircraft noise intrusion—Building siting and construction, and(c) must be satisfied that the development will meet AS 2021—2000, Acoustics—Aircraft noise intrusion—Building siting and construction with respect to interior noise levels for the purposes of:(i) if the development will be in an ANEF contour of 20 or greater—child care centres, educational establishments, entertainment facilities, hospitals, places of public worship, public administration buildings or residential accommodation, and(iii) if the development will be in an ANEF contour of 25 or greater—business premises, hostels, hotel or motel accommodation, office premises or retail premises.(3) Before issuing a development consent to development on land identified as “Flight Training Path” on the Flight Training Path Map, the consent authority must consider measures for the insulation of any building on that land from aircraft noise(4) In this clause:airport means a civil, military or joint civil and military airport.ANEF contour means a noise exposure contour shown as an ANEF contour on the Noise Exposure Forecast Contour Map for that airport prepared by the Department of the Commonwealth responsible for airports.
7.8 Location of sex services premises and restricted premises
(1) The objective of this clause is to ensure that sex services premises and restricted premises are not visually prominent from public places or other locations regularly frequented by children.(2) Development consent must not be granted to development for the purposes of sex services premises or restricted premises if the premises would be located on land that adjoins land, or is separated only by a road from land:(a) in Zone R1 General Residential or Zone RE1 Public Recreation, or(b) that is used for community, school (including pre-school and child care centres), church or children’s sporting or recreational activities, or(c) that is used for sex services premises or restricted premises.(3) Development consent must not be granted to development for the purposes of sex services premises or restricted premises located in a mixed use development that contains a dwelling unless the consent authority is satisfied that the primary entrance of the premises is not on the same floor as the dwelling or any other place regularly frequented by children for recreational or cultural activities.(4) In deciding whether to grant consent for the purposes of sex services premises or restricted premises, the consent authority must take into account the impact the proposed development would have on any place that is regularly frequented by children for educational, recreational or cultural activities that adjoins or is in view of the proposed development.
Schedule 1 Additional permitted uses
(Clause 2.5)
1 Use of certain land at 1 Edgeroy Street, South Tamworth
(1) This clause applies to Lot 17/E, DP 223116 in Zone R1 General Residential at 1 Edgeroy Street, South Tamworth.(2) Development for the purposes of bulky goods premises.
2 Use of certain land at Goonoo Goonoo Road, Tamworth
(1) This clause applies to Lot 1, DP 501210 at 452–462 Goonoo Goonoo Road, Tamworth.(2) Development for the purposes of office premises only to the extent of its existing building envelope.
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.
Advertising structures
(1) All signs must not:(a) cover mechanical ventilation inlet or outlet vents, or(b) be on an item listed in Schedule 5, or(c) be on land to which clause 7.2 (flood planning) applies.(2) Business identification signs or building identification signs must comply with the following:(a) Maximum area—1m2.(b) Only 1 per property.(c) Must be secure and stable.(3) A-frame signs on private land in Zone B2 Local Centre and used in conjunction with existing premises for which consent has been granted, must comply with the following:(a) Only 1 per property.(b) Must not have flashing lights or the like.(c) Must only be erected in an area that immediately adjoins the premises.(d) Must not obstruct access to the premises or to any adjacent premises.(e) Maximum display area (on each side)—0.5m2.(f) Must be secure and stable.(g) Must not involve construction work.(h) Must be temporary and must be removed at the close of business each day.(4) Change of message on existing sign, must comply with the following:(a) Sign must have been previously consented to by the consent authority or erected as exempt development.(b) Must not change signage illumination.(c) New message must comply with any content requirements of any existing consent.(5) Fascia signs, must comply with the following:(a) Must be attached to an existing fascia and fixed flush with the fascia.(b) Must not extend above or below the fascia or return end of the awning.(c) Must not be illuminated.(d) Only 1 per property.(6) Flush wall signs, must comply with the following:(a) Maximum area—2.5m2.(b) Must be securely fixed to an existing wall.(c) Maximum height—3.5m above ground level (existing).(d) Must not be illuminated.(e) Only 1 per property in Zone R1 General Residential and Zone RU5 Village.(f) Maximum of 2 per property in all other zones.(g) Must only identify the subject premises or describe the subject premises, activities or professional affiliations of the occupation conducted in the building to which the sign is attached.(7) Pole or pylon signs, must comply with the following:(a) Maximum height—6m.(b) Maximum area of advertising panel (per side)—2.5m2.(c) Only 1 per property.(d) May only be in industrial zones.(e) Must be built in accordance with an engineer’s certification for the structure and footings.(f) Must be located clear of any sewer main or stormwater main by a minimum distance of 1 metre from the main centreline or the equivalent invert depth of the main, whichever is the greater.(g) Must not encroach onto any registered easement.(8) Real estate signs, must comply with the following:(a) Maximum area (per side):(i) single dwelling house—2.5m2,(ii) multi dwelling development of less than 10 dwelling houses—5m2,(iii) multi dwelling development of 10 or more dwelling houses—10m2,(iv) commercial building—5m2,(v) rural property—10m2,(vi) subdivision of less than 20 lots—10m2,(vii) subdivision of 20 lots or more—15m2.(b) Must not be erected until development approval for the building or subdivision has been granted.(c) Must contain only a notice that the building or site to which it is fixed is for sale or for lease.(d) Maximum of 1 sign for each property or subdivision stage.(e) Must not be illuminated.(f) Must be removed within 14 days of the property being sold or leased, or in the case of subdivisions, when 90% of lots are sold, or within 5 years, whichever occurs first.(g) Maximum height for subdivision signs—8m.(h) Only 1 directional sign with a maximum area of 1m2 in Zone RU1 Primary Production to direct people to the site or for auction or inspection purposes.(i) Must not interfere with sight distances for vehicles approaching intersections.(9) Temporary signs (including signs announcing a local event for religious, educational, cultural, political or recreational purposes), must comply with the following:(a) Maximum height—3m.(b) Must not be higher than the building it is mounted on.(c) Maximum area—3m2.(d) Must not be illuminated.(e) Any sponsor’s names or logos must be less prominent than the message.(f) Must not be displayed earlier than 28 days before an event.(g) Must not be displayed later than 14 days after an event.(10) Top hamper signs (including signs attached to the transom of a doorway or display window of a building), must comply with the following:(a) Must be fixed flush to the wall.(b) Must be securely fixed.(c) Must not extend below the head of the doorway or window to which it is attached.(d) Must not extend more than 0.2m beyond any building alignment.(e) Must not be illuminated.(11) Under awning signs, must comply with the following:(a) May only be located in Zone B2 Local Centre.(b) Must not be less than 2.6m from the ground or footpath to the underside of the sign.(c) Maximum length—2.5m.(d) Only 1 per property.(e) Must be securely fixed to awning.(f) Must not project beyond the awning.(g) Must be erected horizontal to the ground.(h) Must be located more than 3m from another under awning sign.(12) Window signs in Zone B2 Local Centre and industrial zones, must comply with the following:(a) Must not cover more than 75% of shop window.(b) Must be illuminated.(c) Must be located on the ground level facade.(d) Only 1 per shop window.
Dams (Zone RU1 Primary Production)
(1) Embankment fill batter grades must not be steeper than 1:2.5 (vertical:horizontal).(2) Minimum distance from all property boundaries at closest point—10m.(3) Maximum fill embankment crest width—3m.(4) Minimum height difference between the embankment crest level and the spillway level—1m.(5) Maximum fill embankment height—3m (measured from ground level (existing) immediately down slope of the embankment to the top of the embankment crest level).(6) No trees may be removed or damaged for the construction.(7) Maximum water storage capacity—3ML.
Silos (Zone RU1 Primary Production)
(1) Must be associated with primary production activities occurring on the subject land.(2) Must be constructed of prefabricated metal.(3) Must be transported to the site as a single unit, excluding ancillary attachments.(4) Must be freestanding and must not rely on other structures for support.(5) Must be erected in accordance with the manufacturer’s specifications or engineer’s certification.(6) Must not be erected within 20m of the street boundary.(7) Must be set back from other property boundaries at least a distance equal to the height of the silo plus 1m.(8) Must not encroach on any registered easements.
Tennis courts
(1) Must only be for private or non-commercial use on a rural zoned property and associated with a dwelling house.(2) Site must be greater than 1ha.(3) Must not have lighting.(4) Only 1 court per property.(5) Must not interfere with any approved on-site effluent disposal or treatment system.(6) Maximum cut and fill—600mm.(7) Stormwater must be disposed of without causing nuisance to adjoining premises.(8) Must be located behind front setback of dwelling from street.(9) Must be located at least 1500mm from any manhole, riser, inspection shaft or the like.(10) Must not be on an item listed in Schedule 5.
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
(When this Plan was made this Part was blank)
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.
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 |
Lower Somerton Rd, Attunga | Lot 34, DP 833404 Attunga Water Supply |
Lower Somerton Rd, Attunga | Lot 111, DP 834487 Attunga Pump Station |
68 Alice St, Barraba | Lot 1, DP 515756 Sewerage Pump Station—Alice St SPS |
7 Askin Ave, Barraba | Lot 12, DP 243321 Vacant Land |
Bent St, Barraba | Lot 1, DP 258804 Airstrip |
Bent St, Barraba | Lot 3, DP 258804 Airstrip |
Bent St, Barraba | Lot 5, DP 258804 Airstrip |
Callose Dr, Barraba | Lot 43, DP 241078 Drainage Reserve |
6–10 Cherry La, Barraba | Lot 5, Section 20, DP 758059 Drainage Reserve |
6–10 Cherry La, Barraba | Lot 6, Section 20, DP 758059 Drainage Reserve |
6–10 Cherry La, Barraba | Lot 7, Section 20, DP 758059 Drainage Reserve |
77 Cherry St, Barraba | Lot 4, Section 10, DP 758059 Barraba Works Depot |
77 Cherry St, Barraba | Lot 770, DP 1093104 Barraba Works Depot |
77 Cherry St, Barraba | Lot 771, DP 1093104 Barraba Works Depot |
77 Cherry St, Barraba | Lot 772, DP 1093104 Barraba Works Depot |
7–9 Cooper St, Barraba | Lot 6, DP 238800 Rental Property |
7–9 Cooper St, Barraba | Lot 7, DP 238800 Rental Property |
14 Cooper St, Barraba | Pt Lot 8, Section 30, DP 758059 Sewerage Pump Station |
14 Cooper St, Barraba | Pt Lot 9, Section 30, DP 758059 Sewerage Pump Station |
Douglas St, Barraba | Lot 24, DP 236685 Drainage Reserve |
Douglas St, Barraba | Lot 107, DP 236308 Gotha Drainage Reserve |
Fitzroy St, Barraba | Lot 3, DP 507700 Drainage Reserve |
15 Fitzroy St, Barraba | Lot 110, DP 236308 Drainage Reserve |
15 Fitzroy St, Barraba | Lot 113, DP 236308 Drainage Reserve |
15 Fitzroy St, Barraba | Lot 116, DP 236308 Drainage Reserve |
15 Fitzroy St, Barraba | Lot 119, DP 236308 Drainage Reserve |
65 Fitzroy St, Barraba | Lot 10, Section 6, DP 758059 Blacksmiths Court |
79 Fitzroy St, Barraba | Lot 3, DP 547823 Vacant Land |
79 Fitzroy St, Barraba | Lot 4, DP 547823 Vacant Land |
79 Fitzroy St, Barraba | Lot 5, DP 547823 Vacant Land |
Gotha St, Barraba | Lot 1, DP 311579 Vacant Land, Old Quarry |
Gotha St, Barraba | Lot 2, DP 1039760 Vacant Land, Old Quarry |
Gotha St, Barraba | Lot 106, DP 236308 Gotha Drainage Reserve |
42 Henry St, Barraba | Lot 2, Section 18, DP 758059 Vacant Land |
73 Henry St, Barraba | Lot 1, DP 243640 Vacant Land |
10 Lockrey St, Barraba | Lot 9, DP 243146 Rental Property |
11 Lockrey St, Barraba | Lot 11, DP 243146 Vacant Land |
Manilla Rd, Barraba | Lot 14, DP 1046176 Main Rd No 63 (north) |
Manilla Rd, Barraba | Lot 15, DP 1046176 Main Rd No 63 (north) |
7–11 Maude St, Barraba | Lot 2, DP 506315 RFS Shed |
8–10 Maude St, Barraba | Lot B, DP 390175 Medical Centre |
8–10 Maude St, Barraba | Lot 1, DP 927285 Medical Centre |
42 Queen St, Barraba | Lot 20, Section 18, DP 758059 Vacant Land |
44 Queen St, Barraba | Lot 19, Section 18, DP 758059 Vacant Land |
108 Queen St, Barraba | Lots 1 and 2, DP 22936 Barraba Library |
110 Queen St, Barraba | Lot 3, DP 22936 Barraba Library and Bus Stop |
146 Queen St, Barraba | Lot 1, DP 62014 Barraba Pre School |
146 Queen St, Barraba | Lot 2, DP 62014 Barraba Pre School |
146 Queen St, Barraba | Lot 1, DP 210364 Barraba Swimming Pool |
22–24 Railway St, Barraba | Lot 12, DP 655682 Vacant Land |
22–24 Railway St, Barraba | Lot 147, DP 664981 Vacant Land |
22–24 Railway St, Barraba | Lot 4, DP 806998 Vacant Land |
25–27 Range St, Barraba | Lot 1, DP 569618 Range Street Reservoir |
34–60 Range St, Barraba | Lot 4, DP 584812 Water Treatment—Barraba |
Williams St, Barraba | Lot 1, DP 434465 Sewerage Treatment and Effluent Re-use |
19 Wilson Ave, Barraba | Lot 331, DP 810945 Vacant Land |
Woodsreef Road, Barraba | Lot 1, DP 780587 Connors Creek Dam Pump Station |
Eagle Ave, Calala | Lot 79, DP 1116672 Drainage Reserve |
3 Harrier Pde, Calala | Lot 1, DP 629588 Sewerage Pump Station No 3 |
66 Harrier Pde, Calala | Lot 40, DP 1073420 Drainage Reserve |
41a Raglan St, East Tamworth | Lot 4, DP 781317 Currawong Park Drainage Reserve |
Greg Norman Dr, Hillvue | Lot 232, DP 806047 Warwick Road Reserve |
Greg Norman Dr, Hillvue | Lot 20, DP 844211 Greg Norman Drive Reserve |
Greg Norman Dr, Hillvue | Lot 37, DP 802373 |
Greg Norman Dr, Hillvue | Lot 13, DP 843895 Greg Norman Drive Reserve |
Greg Norman Dr, Hillvue | Lot 17, DP 844052 Warwick Road Reserve |
The Heights, Hillvue | Lot 35, DP 1097972 Drainage Reserve |
Warwick Rd, Hillvue | Lot 12, DP 843895 Warwick Road Reserve |
Warwick Rd, Hillvue | Lot 38, DP 882452 Warwick Road Reserve |
New England Hwy, Kootingal | Lot 2, DP 804438 Kootingal Sewerage Works |
Court St, Manilla | Lot 16, DP 238644 Vacant Land |
Court St, Manilla | Lot 14, DP 238644 Louis Johnson House |
Court St, Manilla | Lot 15, DP 238644 Louis Johnson House |
Dowe St, Manilla | Lot 221, DP 752178 Manilla STP |
Ratcliffe Ave, Manilla | Lot B, DP 328435 |
Ratcliffe Ave, Manilla | Lot 220, DP 752178 Manilla STP |
Ratcliffe Ave, Manilla | Lot 222, DP 752178 Manilla STP |
Ratcliffe Ave, Manilla | Lot 223, DP 752178 Manilla STP |
Ratcliffe Ave, Manilla | Lot 224, DP 752178 Manilla STP |
Rowan St, Manilla | Lot 6, Section 4, DP 758644 Part Road Reserve |
Station St, Manilla | Lot 5, DP 1016767 SES/RFS Headquarters |
Station St, Manilla | Lot 7, DP 1016767 VRA Building |
Strafford St, Manilla | Lot 20, Section 26, DP 758644 Fire Brigade Shed |
Strafford St, Manilla | Lot 20, Section 26, DP 758644 Fire Brigade Shed |
Browns La, Moore Creek | Lot 156, DP 1110030 Drainage Reserve |
Moore Creek Rd, Moore Creek | Lot 17, DP 1116435 Drainage Reserve |
Moore Creek Rd, Moore Creek | Lot 18, DP 1116435 Drainage Reserve |
Moore Creek Rd, Moore Creek | Lot 19, DP 1116435 Drainage Reserve |
Sequoia Dr, Moore Creek | Lot 157, DP 1110030 Drainage Reserve |
Calala La, Nemingha | Lot 2, DP 621747 Peel River Pump Station—Water |
Calala La, Nemingha | Lot 3, DP 621747 Peel River Pump Station—Water |
Calala La, Nemingha | Lot 4, DP 621747 Peel River Pump Station—Water |
New England Highway, Nemingha | Lot 3, DP 859744 Vacant Land—Water |
Bourke St, North Tamworth | Lot 1, DP2306–3100 Victoria Park Reservoir |
Browns La, North Tamworth | Lot 9, DP 1085867 Drainage Reserve |
Daruka Rd, North Tamworth | Lot 11, DP 1009519 Two Way Radio Tower |
North St, North Tamworth | Lot 1, DP 337204 Drainage Reserve |
North St, North Tamworth | Lot 2, DP 618469 Drainage Reserve |
4 North St, North Tamworth | Lot 1, DP 337151 Drainage Reserve |
Dungowan Dam Rd, Ogunbil | Lot 61, DP 234569 Dungowan Dam |
Dungowan Dam Rd, Ogunbil | Lot 1, DP 755339 Dungowan Dam |
Dungowan Dam Rd, Ogunbil | Lot 10, DP 755339 Dungowan Dam |
Dungowan Dam Rd, Ogunbil | Lot 11, DP 755339 Dungowan Dam |
Dungowan Dam Rd, Ogunbil | Lot 12, DP 755339 Dungowan Dam |
Dungowan Dam Rd, Ogunbil | Lot 14, DP 755339 Dungowan Dam |
Dungowan Dam Rd, Ogunbil | Lot 16, DP 755339 Dungowan Dam |
Dungowan Dam Rd, Ogunbil | Lot 18, DP 755339 Dungowan Dam |
Dungowan Dam Rd, Ogunbil | Lot 2, DP 755339 Dungowan Dam |
Dungowan Dam Rd, Ogunbil | Lot 20, DP 755339 Dungowan Dam |
Dungowan Dam Rd, Ogunbil | Lot 27, DP 755339 Dungowan Dam |
Dungowan Dam Rd, Ogunbil | Lot 28, DP 755339 Dungowan Dam |
Dungowan Dam Rd, Ogunbil | Lot 32, DP 755339 Dungowan Dam |
Dungowan Dam Rd, Ogunbil | Lot 34, DP 755339 Dungowan Dam |
Dungowan Dam Rd, Ogunbil | Lot 4, DP 755339 Dungowan Dam |
Dungowan Dam Rd, Ogunbil | Lot 7, DP 755339 Dungowan Dam |
Dungowan Dam Rd, Ogunbil | Lot 9, DP 755339 Dungowan Dam |
Dungowan Dam Rd, Ogunbil | Lot 23, DP 755351 Dungowan Dam |
Dungowan Dam Rd, Ogunbil | Lot 24, DP 755339 Dungowan Dam |
Dungowan Dam Rd, Ogunbil | Lot 28, DP 755351 Dungowan Dam |
Dungowan Dam Rd, Ogunbil | Lot 29, DP 755339 Dungowan Dam |
Dungowan Dam Rd, Ogunbil | Lot 30, DP 755351 Dungowan Dam |
Dungowan Dam Rd, Ogunbil | Lot 33, DP 755351 Dungowan Dam |
Dungowan Dam Rd, Ogunbil | Lot 35, DP 755351 Dungowan Dam |
Dungowan Dam Rd, Ogunbil | Lot 48, DP 755351 Dungowan Dam |
Dungowan Dam Rd, Ogunbil | Lot 49, DP 755351 Dungowan Dam |
51–67 Higgins La, Oxley Vale | Lot 39, DP 1022942 Drainage Reserve |
62a Manilla Rd, Oxley Vale | Lot 15, DP 247496 Deny Access |
Orley Dr, Oxley Vale | Lot 41, DP 1099892 Drainage Reserve |
Hillvue Rd, South Tamworth | Lot 161, DP 1048366 Drainage Reserve |
6–44 Britten Rd, Taminda | Lot 4, DP 32550 Swan St STP Utilisation Area |
6–44 Britten Rd, Taminda | Lot 5, DP 32550 Swan St STP Utilisation Area |
6–44 Britten Rd, Taminda | Lot 6, DP 32550 Swan St STP Utilisation Area |
6–44 Britten Rd, Taminda | Lot 7, DP 32550 Swan St STP Utilisation Area |
6–44 Britten Rd, Taminda | Lot 8, DP 32550 Swan St STP Utilisation Area |
6–44 Britten Rd, Taminda | Lot 9, DP 32550 Swan St STP Utilisation Area |
63–65 Hume St, Taminda | Lot 80, DP 47195 Ring Road |
Jewry St, Taminda | Lot 42, DP 975280 Carter St Sporting Fields |
Jewry St, Tamworth | Lot 142, DP 1109647 Carter St Sporting Fields |
Plain St, Tamworth | Lot 143, DP 1109647 Carter St Sporting Fields |
Showground Rd, Tamworth | Lot 1, DP 633198 Drainage Reserve |
Cole Rd, West Tamworth | Lot 36, DP 773014 Ring Road |
58–60 Frederick St, Woolomin | Lot 5, DP 759117 Woolomin RFS Shed |
Part 2 Land classified, or reclassified, as operational land—interests changed
Column 1 | Column 2 | Column 3 |
Locality | Description | Any trusts etc not discharged |
38 Ridge St, Attunga | Lot 3, DP 793161 | Nil |
Maude St, Barraba | Section 7, DP 758059 Unnumbered Lot | Nil |
71 Queen St, Barraba | Lot 2, DP 583209 Nandewar Historical Society | Nil |
80 Wittens La, Barraba | Lot 205, DP 752197 Old Rubbish Depot | Nil |
Wittens La, Barraba | Lot 122, DP 873257 New Rubbish Depot | Nil |
12–16 Campbell Rd, Calala | Lot 2, DP 793151 Village Park | Nil |
410 Armidale Rd, East Tamworth | Lot 10, DP 237064 Armidale Road Reserve | Nil |
24 Carinya Ave, Manilla | Lot 174, DP 584540 Manilla Pre School | Nil |
123a Forest Rd, Moore Creek | Lot 1, DP 876543 Tamworth Rubbish Depot | Nil |
Ogunbil Rd, Ogunbil | Lot 1, DP 587343 Dungowan Water Main Pump | Nil |
Ogunbil Rd, Ogunbil | Lot 2, DP 587343 Dungowan Water Main Pump | Nil |
Ogunbil Rd, Ogunbil | Lot 1, DP 212610 Ogunbil RFS Shed | Nil |
Hillvue Rd, South Tamworth | Lot 21, DP 808368 Hillvue Rd Reserve | Nil |
64–68 Wilburtree St, South Tamworth | Lot 16, DP 258197 Wilga Park | Nil |
561 Peel St, Tamworth | Lot 93, DP 832628 Visitors Information Centre and H. Jacks | Nil |
Cole Road, West Tamworth | Lot 11, DP 261929 Park No 48 | Nil |
62 Northview St, West Tamworth | Lot 52, DP 218403 Hathaway Park | Nil |
Part 3 Land classified, or reclassified, as community land
Column 1 | Column 2 |
Locality | Description |
Nil |
Schedule 5 Environmental heritage
(Clause 5.10)
Locality | Item name | Address | Property description | Significance | Item no |
Appleby | “Matilda Park” | Appleby Lane | Corner Lot 12, DP 850174 | Local | I001 |
Appleby | “Silverweir” | Appleby Lane | Lots 1 and 2, DP 162586 | Local | I002 |
Attunga | Attunga Hall | Attunga Street | Part Lot 16, DP 728377 | Local | I003 |
Attunga | Attunga Silos | Attunga Street | Lot 1, DP 814784 | Local | I004 |
Attunga | Attunga Youth Hall | 11–15 Attunga Street | Lots 6–8, Sec 7, DP 758039 | Local | I006 |
Attunga | “Innes Cottage” | 23 Attunga Street | Lot 2, Sec 7, DP 758039 | Local | I007 |
Attunga | Old Police Station | 40 Attunga Street | Lot 1, Sec 1, DP 758039 | Local | I009 |
Attunga | Old Bakery and Residence | 62 Attunga Street | Lot 4, DP 4927 | Local | I010 |
Attunga | “Wyaralong” Homestead | Manilla Road | Lot 102, DP 715168; Lot 2, DP 226084 | Local | I012 |
Attunga | Attunga Hotel | 1–3 Manilla Road | Lots 7 and 8, Sec 4, DP 758039 | Local | I013 |
Attunga | Attunga Cemetery | Ridge Street | Lots 10–14, DP 114775; unnumbered lots, DP 753834 | Local | I014 |
Attunga | Christ Church Anglican | Ridge Street | Lot 12, DP 635002; Lot 269, DP 758039 | Local | I015 |
Attunga | Roman Catholic Church | Ridge Street | Corner Lot 9, Sec 2, DP 758039 | Local | I016 |
Attunga | Sulcor Limestone Mine Kilns | Sulcor Road | Lot A, DP 398256; Lot 1, DP 187223; Lot 1, DP 312169; Lots 1 and 2, DP 559907; Lot 10, DP 706592 | Local | I017 |
Barraba | Residence | 11 Alice Street | Lot 1, DP 80632 | Local | I018 |
Barraba | Residence | 24 Alice Street | Lot 1, Sec 9, DP 758059 | Local | I019 |
Barraba | Residence | 69 Cherry Street | Lot 10, DP 667567 | Local | I020 |
Barraba | Residence | 25 Cooper Street | Lot 1, DP 238800; Lot 1, DP 546390 | Local | I021 |
Barraba | “Ivanhoe” Residence | 37 Edward Street | Lots 102 and 104, DP 608118 | Local | I022 |
Barraba | Residence | 55 Edward Street | Lot 5, DP 238577 | Local | I023 |
Barraba | Barraba Senior Citizens Centre | 50 Fitzroy Street | Lot 1, DP 67137; Lot 1, DP 156909; Lot 2, DP 515755 | Local | I024 |
Barraba | St Laurence’s Church of England, Church Vicarage, Parish Hall | 52–54 Fitzroy Street | Part Lots 15 and 16; Lots 17–19, Sec 9, DP 758059; Lot A, DP 404169 | Local | I025 |
Barraba | Residence | 53 Fitzroy Street | Lot 1, DP 798695; Lot A, DP 931678 | Local | I026 |
Barraba | St John’s Catholic Church, Hall and Residence | 58–64 Fitzroy Street | Lots 17–19, Sec 5, DP 758059 | Local | I027 |
Barraba | Residence | 63 Fitzroy Street | Lot 1, DP 4118 | Local | I028 |
Barraba | Residence | 97 Fitzroy Street | Lot 3, DP 70849 | Local | I029 |
Barraba | Barraba District Hospital | Gotha Street | Lot 1, DP 114837; Lots 1–3, DP 618268; Lots 12–15 and 18, Sec 16, DP 758059 | Local | I030 |
Barraba | Barraba Primary School | Gotha Street | Lot 188, DP 729694 | Local | I031 |
Barraba | Residence | 43 Gotha Street | Lot 10, Sec 7, DP 758059 | Local | I032 |
Barraba | Residence | 31 Henry Street | Lot B, DP 328629 | Local | I034 |
Barraba | Tarpoly Creek Railway Bridge | Main Road 63—20.25km south of Barraba | Lot 7009, DP 1056182 | Local | I035 |
Barraba | Residence | 34 Maude Street | Lot 1, DP 405116; Lot 8, Sec 6, DP 758059 | Local | I036 |
Barraba | Residence | 38 Maude Street | Lot 6, Sec 6, DP 758059 | Local | I037 |
Barraba | Barraba Showground and Racecourse | Mulwaree Road | Lot 8, DP 258804; Lots 233 and 234, DP 577664; Lot 71, DP 606756 | Local | I038 |
Barraba | Great War Memorial (clock tower) | Queen and Maude Streets intersection | Road Segment No 135277 | Local | I039 |
Barraba | Residence | 48 Queen Street | Lot 17, Sec 18, DP 758059 | Local | I040 |
Barraba | Uniting Church | 53–55 Queen Street | Lot 12, DP 576670 | Local | I041 |
Barraba | Nandewar Historical Society Building | 71 Queen Street | Lot 2, DP 583209 | Local | I042 |
Barraba | Service Station | 73 Queen Street | Lot 1, DP 580054; Lot 1, DP 583209 | Local | I043 |
Barraba | The Claypan & Fuller Gallery | 74 Queen Street | Lots A–C, DP 161796 | Local | I044 |
Barraba | Shop | 79 Queen Street | Lot C, DP 390775 | Local | I045 |
Barraba | Victoria Hotel | 82 Queen Street | Lot 1, DP 555447 | Local | I046 |
Barraba | Shop | 83 Queen Street | Lot 1, DP 228573 | Local | I047 |
Barraba | Wold’s Buildings | 84–88 Queen Street | Lot 1, DP 199605 | Local | I048 |
Barraba | Treloar Building | 85–87 Queen Street | Lots 2 and 3, DP 228573 | Local | I049 |
Barraba | Shop | 92 Queen Street | Part Lot 103, DP 853536 | Local | I050 |
Barraba | Shop | 99 Queen Street | Lot 92, DP 802301 | Local | I051 |
Barraba | Clifton Hall | 100 Queen Street | Lot 2, DP 301428 | Local | I052 |
Barraba | Shop and library | 102 and 108 Queen Street | Lot 1, DP 301428; Lot B, DP 307344; Lots 1 and 2, DP 22936 | Local | I053 |
Barraba | Jacob’s Building (Barraba Information Centre) | 114–116 Queen Street | Lot 5, DP 22936 | Local | I054 |
Barraba | Hotel | 121 Queen Street | Lot 1, DP 195910; Lot 2, DP 81384 | Local | I055 |
Barraba | Former Court House | 127 Queen Street | Part Lot 6, Sec 5, DP 758059 | Local | I056 |
Barraba | Bank | 129 Queen Street | Lot 7, DP 137242 | Local | I057 |
Barraba | Commercial Hotel | 136 Queen Street | Lot 1, DP 205458 | Local | I059 |
Barraba | Residence | 29 Rodney Street | Lot C, DP 942620 | Local | I060 |
Barraba | Morrow’s Row (residence) | 1–3 Savoy Street | Lot 11, Sec 4, DP 758059 | Local | I061 |
Barraba | Morrow’s Row (residence) | 5 Savoy Street | Lot 9, DP 38154 | Local | I062 |
Barraba | Morrow’s Row (residence) | 7 Savoy Street | Lot 8, DP 38154 | Local | I063 |
Barraba | Morrow’s Row (residence) | 9 Savoy Street | Lot 7, DP 38154 | Local | I064 |
Barraba | Morrow’s Row (residence) | 11 Savoy Street | Lot 6, DP 38154 | Local | I065 |
Barraba | Morrow’s Row (residence) | 13 Savoy Street | Lot 5, DP 38154 | Local | I066 |
Barraba | Morrow’s Row (residence) | 15 Savoy Street | Lot 4, DP 38154 | Local | I067 |
Barraba | Morrow’s Row (residence) | 17 Savoy Street | Lot 3, DP 38154 | Local | I068 |
Barraba | Morrow’s Row (residence) | 19 Savoy Street | Lot 2, DP 38154 | Local | I069 |
Barraba | Morrow’s Row (residence) | 21 Savoy Street | Lot 1, DP 38154 | Local | I070 |
Barraba | Residence | 26 Savoy Street | Lot 2, DP 219840 | Local | I071 |
Barraba | Barraba Cemetery | West Street | R 63304 | Local | I073 |
Barraba | “Angelsea” Residence | Woodsreef Road | Lots 7 and 8, DP 114267; Part Lots 43 and 53, Lots 60, 61, 56, 66 and 79, DP 752200 | Local | I074 |
Bective | “Bon Accord” | Corner Appleby Lane and Oxley Highway | Lot 13, DP 849425 | Local | I075 |
Bective | Bective Station | Bective Station Oxley Highway | Lots 7–11, 14–17, 19, 32, 37, 44, 50–56, 74–77, 88–92, 96, 97, 116, 117, 157, 158, 172, 179 and 189, and Part Lots 13 and 33, DP 753833; Lots 1–3, DP 127874; Lots 1–6, DP 127895; Lot 1, DP 205381 | Local | I076 |
Bective | Brigalow Reserve | Bective Station Oxley Highway Reserve No 200016 | Lot 1, DP 128153; Lot 14, DP 127893; Lot 186, DP 755319; Lot 7, DP 127893; Lot 7003, DP 1028534; Lot 7004, DP 1028534 | Local | I077 |
Bendemeer | “Airlie” Station House, “Airlie” Station Woolshed | Airlie Station Road | Lots 52, 72, 97, 98 and 103–109, DP 753831 | Local | I078 |
Bendemeer | St Stephen’s Anglican Church | Caroline Street | Corner Lot 1, Sec 19, DP 758090 | Local | I080 |
Bendemeer | Bendemeer Cemetery | Caroline Street | Lots 3, 4, 7, 8, 10 and 11, DP 264250; Lots 1–3, Sec 35 and Lots 1–5, Sec 36, DP 758090 | Local | I081 |
Bendemeer | Residence | 50 Caroline Street | Lot 11, DP 817466 | Local | I082 |
Bendemeer | Residence | 72 Caroline Street | Lot 8, Sec 21, DP 758090 | Local | I083 |
Bendemeer | Bendemeer Hall | 87–89 Caroline Street | Lots 18 and 19, Sec 19, DP 758090 | Local | I084 |
Bendemeer | Former Bendemeer Post Office | 99–102 Caroline Street | Lots 4 and 5, Sec 23, DP 758090 | Local | I085 |
Bendemeer | General Store and Stable | 109–111 Caroline Street | Lots 14 and 15, Sec 17, DP 758090 | Local | I079 |
Bendemeer | Bendemeer Hotel | 112–130 Caroline Street | Lots 1–10, Sec 24, DP 758090 | Local | I086 |
Bendemeer | Former Bendemeer Butchery and Residence | 113–115 Caroline Street | Lot 13, Sec 17, DP 758090 | Local | I087 |
Bendemeer | Church | 135–139 Caroline Street | Lots 8–11, Sec 16, DP 758090 | Local | I088 |
Bendemeer | Bendemeer Cafe | 141–143 Caroline Street | Lots 15–18, Sec 15, DP 758090 | Local | I089 |
Bendemeer | Blair Graves | 155 Caroline Street | Lots 8 and 9, Sec 15, DP 758090 | Local | I090 |
Bendemeer | Bendemeer Police Station | 157 Caroline Street | Lot 702, DP 1125520 | Local | I091 |
Bendemeer | Bendemeer Public School | Charles Street | Lots 234 and 235, DP 729430 | Local | I092 |
Bendemeer | Timber Bridge over Macdonald River | Havannah Street | Local | I093 | |
Bendemeer | “Haning” and “Haning” Graveyard | Longford Retreat Road | Lots 2–5, 15, 16, 20–23, 26–28, 30–32, 45 and 104–105, Part Portion 29, DP 753839; Lots 3–8, DP 251609 | Local | I094 |
Bendemeer | “Longford Station” | Longford Retreat Road | Lots 2, 4, 9, 10, 12–17, 19, 33–35, 38, 39, 41, 44–47, 50, 53, 88, 93, 94, 120 and 124, Part Portions 48 and 49, DP 753850; Lot 1, DP 778828 | Local | I095 |
Bendemeer | “Bendemeer” Station, “Bendemeer” Station Graves, “Bendemeer” Station Woolshed | New England Highway | Lot 2, DP 156594 | Local | I096 |
Bendemeer | “Yaccamunda” | Rocky Gully Road | Lot 1, DP 1101440 | Local | I097 |
Bithramere | Old School | Bithramere Lane | Lot 44, DP 548924 | Local | I098 |
Bowling Alley Point | Bowling Alley Point Cemetery | Anderson’s Flats | Lot 7013, DP 96292 | Local | I099 |
Bowling Alley Point | Bowling Alley Point School | Bowling Alley Point | Lot 56, DP 755324 | Local | I100 |
Bowling Alley Point | Iron Footbridge | Recreation Reserve Chaffey Dam | Within DP 755324 | Local | I101 |
Bowling Alley Point | Uniting Church | River Road | Lot 41, DP 755324 | Local | I102 |
Bowling Alley Point | Bowling Alley Point Geological Site | River Road | Lot 282, DP 755324 | Local | I103 |
Daruka | Daruka Station | 80 Wyndham Close | Lot 200, DP 1040669 | Local | I104 |
Dungowan | Dungowan Store and Bakery | Nundle Road | Part Portion 22, DP 755337; Lot 1, DP 254341 | Local | I106 |
Dungowan | Former Butchery | Nundle Road | Lot 1, DP 375009 | Local | I108 |
Dungowan | Former Manvell’s Bakery | Nundle Road | Lot 1, DP 307297 | Local | I109 |
Dungowan | Roman Catholic Church, former Catholic Convent, former Catholic School Site | Nundle Road | Lot 2, DP 24002; Lot 1, DP 950284 | Local | I110 |
Dungowan | Dungowan Cemetery | Ogunbil Road | Lot 139, DP 755337 | Local | I111 |
Dungowan | Dungowan Memorial Hall | Ogunbil Road | Lot 35, DP 755337 | Local | I112 |
Dungowan | St Thomas’ Anglican Church | Ogunbil Road | Lot 143, DP 755337 | Local | I113 |
Dungowan | Dungowan Public School | 137 Ogunbil Road | Lots 1 and 38, DP 755337 | Local | I114 |
Duri | Duri Silos | Duri Street | Lot 1, DP 819872 | Local | I116 |
Duri | Duri Community Hall | 2 Duri Street | Lots 6–8, Sec 13, DP 758368 | Local | I117 |
Duri | Former Catholic Church | Corner Tangaratta Street and Warral Road | Corner Lot 5, Sec 10, DP 758368 | Local | I120 |
Garthowen | “Glenview” | Garthowen Road | Lot 1, DP 957571 | Local | I123 |
Gidley | Gidley Silos | 968 Wallamore Road | Lot 1, DP 819859 | Local | I124 |
Goonoo Goonoo | Goonoo Goonoo Homestead and Associated Outbuildings, Shearing Shed, The Inn, The Graves, The Chapel, Cottage Number 1—The Cook’s House, Cottage Number 2—The Jackaroo’s Quarters, Cottage Numbers 3, 4, 5, 7, 8, 9, 10, 11, Shearer’s Quarters, Stables, Farrier’s Shed, Car Shed, Machinery Shed, Machine Workshop, Smoko Room, Office, Main Homestead, Dairy, Stone Store and Post Office, Cool Room, Tack Room, The Church | New England Highway via Tamworth | Lot 1, DP 1102382; Lot 64, DP 755343 | Local | I125 |
Gowrie | “The Church” | Gowrie Road | Lot 191, DP 755327 | Local | I126 |
Gowrie | Old Gowrie School | Sweenys Lane | Lots 203 and 204, DP 39485 | Local | I127 |
Hallsville | Former Hallsville Hall | Manilla Road | Lot 48, DP 753851 | Local | I128 |
Hallsville | Former School | Manilla Road | Lot 2, DP 48671 | Local | I129 |
Hallsville | Methodist Church and Cemetery | Manilla Road | Lots 2 and 3, DP 164098; Lot 1, DP 195874 | Local | I130 |
Hallsville | Oxley Memorial Anchor | Corner Manilla and Anchor Roads (Public Reserve) | Lots 22 and 23, DP 240530 | Local | I131 |
Hallsville | Old Post Office, “Glenlui” | 1265 Manilla Road | Lot 3, DP 231618 | Local | I132 |
Hallsville | School Residence | 327 Meldorn Lane | Lot 1, DP 48671 | Local | I133 |
Hanging Rock | Black Snake Gold Mine | Barry Road | Lot 440, DP 822503 | Local | I134 |
Hanging Rock | Sheba Dam Gatekeeper’s Slab Cottage | Barry Road, Sheba Dam | Lot 7003, DP 96506 | Local | I135 |
Hanging Rock | Residence | 751 Barry Road | Lot 4, DP 626927 | Local | I136 |
Hanging Rock | Hanging Rock Historic Cemetery | Forest Way | Lot 7002, DP 1030465 | Local | I137 |
Kootingal | Limbri Church | Church Street | Lot 80, DP 791481 | Local | I139 |
Kootingal | Former Limbri Store and Post Office | 3 Church Street | Lots 77 and 120, DP 753837 | Local | I140 |
Kootingal | Moonby House, Out House and Graves | 52 Churchill Drive, Moonbi | Lot 4, DP 706876; Lots 78 and 79, DP 37123 | State | I141 |
Kootingal | Kootingal Police Station | Denman Avenue | Lot 261, DP 753841 | Local | I142 |
Kootingal | Kootingal School | Denman Avenue | Lots 199 and 210, DP 758584; Lot 283, DP 821670 | Local | I143 |
Kootingal | War Memorial—Memorial Park | Denman Avenue | Lots 1 and 2, Sec 2, DP 758584 | Local | I144 |
Kootingal | St Luke’s Uniting Church | Corner Denman Avenue and Sandy Roads | Lot 14, Sec 1, DP 758584 | Local | I146 |
Kootingal | St Andrew’s Anglican Church | Corner Gate Street and Denman Avenue | Lots 1 and 2, DP 597443 | Local | I147 |
Kootingal | Kootingal Gate House | Gate Street | Lot 1, DP 814708 | Local | I148 |
Kootingal | Kootingal Hotel | 18–20 Gate Street | Lot 41, DP 5695 | Local | I149 |
Kootingal | Limbri Gatehouse | Corner Limbri Road and Mulla Creek Road | Lot 44, DP 846377 | Local | I152 |
Kootingal | Limbri School | Limbri Road | Lot 1, DP 1089996 | Local | I155 |
Kootingal | “Tyrone” Residence | 10 Limbri Road | Lots 108–113 and 132–135, DP 753837 | Local | I156 |
Kootingal | “Kissing Gate” | Railway Land—Limbri Village | Local | I154 | |
Loomberah | Loomberah War Memorial Hall | Corner Duri and Dungowan Roads | Lot 273, DP 587455 | Local | I157 |
Manilla | Manilla Central School | Arthur Street | Lot 204, DP 752191 | Local | I158 |
Manilla | Residence | 94 Arthur Street | Lot 1, DP 313167; Lot 1, DP 329932 | Local | I159 |
Manilla | Residence | 96 Arthur Street | Lots 180 and 181, DP 758644; Lot C, DP 101081 | Local | I160 |
Manilla | The Sunken Dairy on the property known as “Buena Vista” | Buena Vista Road | Lots 1–3, DP 722207; Lots 8, 9, 15, 47–50, 92, 96 and 97, DP 752199; Part Lot 12 and Lots 15, 17–19, 35 and 36, DP 752204 | Local | I161 |
Manilla | Factory | Court Street | Lot 22, DP 554245 | Local | I162 |
Manilla | Manilla RSL | Court Street | Lot 21, DP 554245 | Local | I163 |
Manilla | Original Manilla Hospital Building | Court Street | Lot 14, DP 814059 | Local | I164 |
Manilla | St Michael’s Catholic Church | Court Street | Lots 189 and 192, DP 752191; Lot 10, DP 1002217 | Local | I165 |
Manilla | Residence/Police Station | Court Street | Lot 701, DP 93885 | Local | I174 |
Manilla | Manilla Masonic Centre | 56 Court Street | Lot D, DP 3681 | Local | I166 |
Manilla | Girl Guides Manilla | 68 Court Street | Lot B, DP 102992 | Local | I167 |
Manilla | Residence | 78 Court Street | Lot 1, DP 577480 | Local | I168 |
Manilla | Residence | 92 Court Street | Lot 9, Sec 3, DP 5787 | Local | I169 |
Manilla | Residence | 94 Court Street | Lot 10, Sec 3, DP 5787 | Local | I170 |
Manilla | Grantham’s Stone Bridge | 102–106 Court Street | Lot 2, DP 564484 | Local | I171 |
Manilla | Residence | 105 Court Street | Lot 2, DP 736232 | Local | I172 |
Manilla | Residence | 113 Court Street | Lots 1 and 2, DP 619206 | Local | I173 |
Manilla | Residence | 5 Hill Street | Lot 6, Sec 2, DP 5787 | Local | I175 |
Manilla | Residence | 8 Hill Street | Lot 151, DP 546573 | Local | I176 |
Manilla | Holy Trinity Anglican Church | 10 Hill Street | Lots 19 and 20, Sec 1, DP 5787 | Local | I177 |
Manilla | Residence | 14 Hill Street | Lot 18, Sec 1, DP 5787 | Local | I178 |
Manilla | Upper Manilla Road Bridge | Main Road 63 | Local | I180 | |
Manilla | Manilla St Clock | Centre Manilla and Strafford Streets intersection | Manilla Strafford Road Segment No 130369 | Local | I181 |
Manilla | German Machine Gun and Russian Canon (Memorial) Rotary Park | Manilla Street | Lot 7, DP 664044; Lot 6, Sec 24, DP 758644 | Local | I182 |
Manilla | Manilla Courthouse | 64 Manilla Street | Part Reserve 12927 | Local | I184 |
Manilla | Courthouse Hotel | 85 Manilla Street | Lot 1, DP 920421 | Local | I185 |
Manilla | Shops | 103 Manilla Street | Part Lot B, DP 384820 | Local | I186 |
Manilla | Residence | 119–121 Manilla Street | Lot 1, DP 310250 | Local | I187 |
Manilla | Residence | 127 Manilla Street | Lot 1, DP 3458; Lot 1, DP 1101836 | Local | I188 |
Manilla | Post Office Hotel | 146 Manilla Street | Lot 11, DP 604620 | Local | I189 |
Manilla | Bank of New South Wales Building | 147 Manilla Street | Lot A, DP 928271 | Local | I190 |
Manilla | Royal Hotel | 153–159 Manilla Street | Part Lot 5, Sec 21, DP 758644 | Local | I191 |
Manilla | Manilla Post Office | 164 Manilla Street | Lot 1, DP 619891 | Local | I192 |
Manilla | New England Credit Union Building | 168 Manilla Street | Lot 1, DP 334874; Lot 2, DP 955341 | Local | I193 |
Manilla | Manilla and District Soldiers Memorial Hall | 193 Manilla Street | Lot 13, Sec 21, DP 758644 | Local | I194 |
Manilla | Residence | 194–196 Manilla Street | Lot B, DP 367103 | Local | I195 |
Manilla | Butcher shop | 195 Manilla Street | Lot 2, DP 662653 | Local | I196 |
Manilla | Royce Cottage, Yarramanbully School Building (Upper Manilla School) and Chinese Pioneers Memorial Garden | 197 Manilla Street | Lot 1, DP 652667; Lot 1, DP 659730; Lot 1, DP 659730 | Local | I197 |
Manilla | Shop | 200 Manilla Street | Lot A, DP 367103 | Local | I198 |
Manilla | Manilla Pharmacy Building | 204–208 Manilla Street | Lot 62, DP 559389 | Local | I199 |
Manilla | Residence | 227 Manilla Street | Lot 5, DP 167643 | Local | I200 |
Manilla | Imperial Hotel | 230–238 Manilla Street | Lot 81, DP 603639; Lot 9, Sec 26, DP 758644 | Local | I201 |
Manilla | Manilla Motors | 240 Manilla Street | Lot 1, Sec 3, DP 8900; Lot 1, DP 715588 | Local | I202 |
Manilla | Residence | 272 Manilla Street | Lot 7, Sec 10, DP 758644 | Local | I203 |
Manilla | Residence | 44 Market Street | Lot 3, DP 105048 | Local | I205 |
Manilla | Manilla General Cemetery | Namoi River Road | DP 752201 | Local | I206 |
Manilla | Railway Viaduct across the flood plain | East to West from Namoi Street to Main Road 357 | Local | I207 | |
Manilla | Residence | 64 Namoi Street | Lot 7A, DP 369222 | Local | I208 |
Manilla | Residence | 67 Namoi Street | Lot 15, Sec 26, DP 758644 | Local | I209 |
Manilla | Residence | 73 Namoi Street | Lot 131, DP 715040 | Local | I210 |
Manilla | Residence | 104 Namoi Street | Lot 6, DP 1133213 | Local | I211 |
Manilla | Residence “Avonlea” | 13 Railway Parade | Lot 6, DP 758644 | Local | I212 |
Manilla | Residence “Conurra” | Ratcliffe Avenue | Lots 228–230, DP 752178 | Local | I213 |
Manilla | Junction of Manilla and Namoi Rivers | River Street | Lot 56, DP 752201 | Local | I214 |
Manilla | Manilla Historical Cemetery | River Street | Lot 2, Sec 42, DP 758644 | Local | I215 |
Manilla | Manilla Showground | River Street | Lot 277, DP 752191 | Local | I216 |
Manilla | Residence | 83 River Street | Lot 1, DP 196021 | Local | I217 |
Manilla | Residence | 98 River Street | Lot 212, DP 752191 | Local | I218 |
Manilla | St Andrew’s Presbyterian Church | Rowan Street | Lots A and B, DP 3681 | Local | I219 |
Manilla | The Abbey | 43–45 Rowan Street | Lot 11, DP 1002217 | Local | I220 |
Manilla | Residence “Ngundi” | 64 Rowan Street | Lot C, DP 310836 | Local | I221 |
Manilla | Residence | 80 Rowan Street | Lot 1, DP 300965 | Local | I222 |
Manilla | Residence | 94 Rowan Street | Lots 81 and 82, DP 527575 | Local | I224 |
Manilla | Residence | 106 Rowan Street | Lot 2, DP 326746 | Local | I225 |
Manilla | Residence “Mayvale” | Rushes Creek Road | Lot A, DP 393149 | Local | I228 |
Manilla | Manilla Railway Station | South Street | Land Number 301545 | Local | I229 |
Manilla | Scout Hall | Strafford Street | Lots 18 and 19, Sec 26, DP 758644 | Local | I230 |
Manilla | Uniting Church and Uniting Church Hall | Strafford Street | Lot 11, DP 789958 | Local | I231 |
Manilla | Residence | 42 Strafford Street | Lot 1, DP 570131 | Local | I233 |
Manilla | Residence | 46–48 Strafford Street | Lot 1, DP 924060 | Local | I234 |
Manilla | Residence | 50 Strafford Street | Lot 1, DP 919838 | Local | I235 |
Manilla | Residence | 56 Strafford Street | Lot 6, DP 664043 | Local | I237 |
Manilla | Residence | 57 Strafford Street | Lot 4, DP 570463 | Local | I238 |
Manilla | Residence | 67 Strafford Street | Lots 1–3, Sec 2, DP 5787 | Local | I239 |
Manilla | Residence | 68 Strafford Street | Lots 3 and 4, Sec 5, DP 5787 | Local | I240 |
Manilla | Residence | 78 Strafford Street | Lot 9, Sec 6, DP 5787 | Local | I241 |
Manilla | Residence | 79 Strafford Street | Lot 3, Sec 3, DP 5787 | Local | I242 |
Manilla | Manilla Road Bridge/Namoi River Bridge | Main Road 63 Manilla Street—Over the Namoi River between Market Street and Charles Street | Local | I243 | |
Moonbi | Moonbi War Memorial Hall and Recreation Reserve | 49–73 Gill Street | Lot 8, DP 1107105 | Local | I245 |
Moonbi | Kootingal/Moonbi Cemetery and Chinaman’s Grave Trees | Corner Mathew Street and Thomas Street | Lot 1–7, DP 1041237 | Local | I246 |
Moonbi | Cellar storeroom of Coach and Horses Inn | New England Highway | Lots 1 and 2, Sec 2, DP 758701 | Local | I247 |
Moonbi | Moonbi Lookout | New England Highway North | Lot 11, DP 263358 | Local | I248 |
Moonbi | Concrete Bridge, New England Highway North (Monier Arch Bridge) | New England Highway North—Adjacent to Highway deviation between two Moonbi Hills (Kootingal) | Local | I249 | |
Moore Creek | “Australia Arms” | Corner of Arthur and Holroyd Street | Lots 1, 2 and 13–16, Sec 20, DP 758702; Lots 1–5, 9 and 10, Sec 23, DP 758702 | Local | I250 |
Moore Creek | Old tobacco shed at “Hillstone” | Davidsons Lane | Lots 7–9, 12, 30, 48, 62, 63 and 85, Part Lots 10, 11 and 12, DP 753830; Lots 1 and 2, DP 926649; Lot 331, DP 997737; Lot 11, DP 111888 | Local | I251 |
Moore Creek | Moore Creek War Memorial Hall | Moore Creek Road | Lot 265, DP 753830 | Local | I252 |
Moore Creek | Slab side hut | Tregarthen Road | Lot 8, DP 1050219 | Local | I253 |
Moore Creek | Moore Creek Dam | Upper Moore Creek Road | Lot 7002, DP 94291; Lot 7015, DP 94293; Lot 9001, DP 94290; Lot 7008, DP 94292 | Local | I254 |
Nemingha | Nemingha Hall | Kootingal Road | Lot 1, DP 329581 | Local | I255 |
Nemingha | Nemingha School | Nundle Road | Lot 4, DP 48402; Lot 1, DP 232840 | Local | I256 |
Nemingha | Nemingha Anglican Church | Nundle Road | Part Portion 31, DP 755334 | Local | I257 |
Niangala | Former store and old butcher shop | Healy Street | Lot 15, Sec 1, DP 758774 | Local | I258 |
Niangala | Niangala War Memorial Hall | Niangala Road | Lots 7 and 8, Sec 1, DP 758774 | Local | I261 |
Niangala | Niangala Cemetery | Niangala—Weabonga Road | Lot 7002, DP 96287 | Local | I262 |
Niangala | Niangala Weir | Niangala—Weabonga Road | Local | I263 | |
Niangala | Port Stephens Cutting | Nowendoc Road | Local | I264 | |
Niangala | Five Head Stamping Battery | 27 Toby Road | Lots 61 and 62, DP 42102; Part Lots 30, 44, 49–51 and 58, DP 755346; Lots 1–6, Sec 5, DP 758774 | Local | I265 |
Nundle | Church | 63 Gill St | Lot 1, DP 770383 | Local | I268 |
Nundle | St Peter’s Catholic Church | 15 Innes St | Lot 1, DP 786993 | Local | I269 |
Nundle | Former Courthouse/ Museum and Police Station and Residence | 38–40 and 41–43 Jenkins Street | Lot 701, DP 96508 | Local | I270 |
Nundle | Nundle Shire Office | 58 Jenkins Street | Lot 1 and Part Lot 2, Sec 21, DP 758798 | Local | I271 |
Nundle | All Saints Church of England | 70 Jenkins Street | Part Lot 4, Sec 3, DP 758798 | Local | I272 |
Nundle | Residence | 79 Jenkins Street | Lot 2, DP 591822; Lots 12 and 13, Sec 2, DP 758798 | Local | I273 |
Nundle | Odgers and McClelland Exchange Stores | 81 Jenkins Street | Lot 172, DP 1072542 | Local | I274 |
Nundle | Jenkins St Antiques, Odgers and McClelland General Store | 83 Jenkins Street | Lot 101, DP 598667 | Local | I275 |
Nundle | Jenkins St Guest House (Former Bank of New South Wales) | 85 Jenkins Street | Lot 171, DP 1072542 | Local | I276 |
Nundle | Peel Inn | 89 Jenkins Street | Lot A, DP 369396; Lots 1–3, DP 997480 | Local | I277 |
Nundle | Old Church Boutique Primitive Methodist Church | 90–92 Jenkins Street | Lots 6 and 13, Sec 31, DP 758798 | Local | I278 |
Nundle | Nundle Post Office | 91 Jenkins Street | Lot 1, DP 714004 | Local | I279 |
Nundle | Nundle Public School | 93–97 Jenkins Street | Lot 1, DP 123390; Lot 9, Sec 30A, DP 758798 | Local | I280 |
Nundle | Nundle Memorial Hall and Library | 101 Jenkins Street | Lots 8 and 10, Sec 30A, DP 758798 | Local | I281 |
Nundle | Nundle Cemetery | Nundle Creek Road | Lot 7001, DP 1030464 | Local | I282 |
Ogunbil | Ogunbil Brick Shearing Shed and Silo | Ogunbil Road | Lots 158 and 234, DP 755350; Lot 1, DP 807846 | Local | I283 |
Piallamore | Old Piallamore School Building | Nundle Road | Lot 183, DP 733065 | Local | I285 |
Piallamore | St Martin’s Anglican Church | Nundle Road | Lot 1, DP 928322 | Local | I286 |
Retreat | Retreat Main House and Granite Store at Retreat Station | Kingstown Road | Portions 4, 15, 16 and 24, Part Lot 25, DP 753845 | Local | I287 |
Retreat | “West Retreat” | Longford—Retreat Road | Lot 3, DP 46437; Lot 11, DP 602467; Lot 4, DP 700812; Lots 15 and 16, DP 753844 | Local | I288 |
Retreat | West Retreat Bridge | Retreat Road | Local | I289 | |
Somerton | Somerton Cemetery | Being Point | PO 74/1, DP 758910 | Local | I290 |
Somerton | Slab Hut | Bloomfield Street | Lot 167, DP 755340; Lot 1, DP 128155 | Local | I291 |
Somerton | Somerton Police Station | 93–97 Bloomfield Street | Lot 17, Sec 4, DP 758910 | Local | I292 |
Somerton | “Stratharlie” | Oxley Highway West | Lot 42, DP 1056638 | Local | I293 |
Somerton | Somerton Racecourse | Racecourse Road | Lot 209, DP 257191 | Local | I294 |
Somerton | Former Somerton Post Office and Store | Scotland Street | Lot 4, DP 737067 | Local | I295 |
Somerton | St Mark’s Anglican Church | Scotland Street | Lot 4, Sec 5, DP 758910 | Local | I296 |
Somerton | St Mathew’s Presbyterian Church | Scotland Street | Lot 8, Sec 4, DP 758910 | Local | I297 |
Somerton | Somerton Hall | Scotland Street | Lot 9, Sec 19, DP 758910 | Local | I298 |
Somerton | Somerton School | Corner Scotland and Milkmaid Streets | Lot 2, Sec 6, DP 758910 | Local | I299 |
Tamworth | East Tamworth Station Pedestrian Bridge | Over Bourke Street | Local | I300 | |
Tamworth | Office building | 12A Bourke Street | Lot 10, DP 1044770 | Local | I301 |
Tamworth | Tamworth House | 34 Bourke Street | Lot 19, DP 456158 | Local | I302 |
Tamworth | House | 38 Bourke Street | Lot 10, DP 651752 | Local | I303 |
Tamworth | House | 100 Bourke Street | Lot 101, DP 548846 | Local | I304 |
Tamworth | St Paul’s Church, house beside Retreat Theatre and Retreat Theatre | 63 Bridge Street | Lots 2–4 and 7–9, DP 91043; Lots 11 and 12, DP 131248 | Local | I305 |
Tamworth | House | 65 Bridge Street | Lot 1, Sec D, DP 194218 | Local | I306 |
Tamworth | Entrance to Endeavour Drive off Brisbane Street—street lights | Brisbane Street | Lot 1, DP 1108482 | Local | I308 |
Tamworth | Anzac Park gates, gazebo and street lamps | Brisbane Street | Lot 1, DP 668906 | Local | I309 |
Tamworth | “Regent” Cinema | 3–5 Brisbane Street | Lot 1, DP 583861 | Local | I310 |
Tamworth | Shopfront glass | 78–80 Brisbane Street | Lot 1, DP 318176; Lot 1, DP 323786 | Local | I311 |
Tamworth | Mechanics Institute | 87–93 Brisbane Street | Lot 81, DP 818564; Lot 1, DP 356314 | Local | I312 |
Tamworth | Tamworth Railway Station (also known as Tamworth Railway Station, yard group, and yard group moveable relics) | 100 Brisbane Street | Lot 37, DP 1006137; RLY 279074; Part Lot 38, DP 1006137 | State | I313 |
Tamworth | House | 102 Brisbane Street | Lot 1, Sec 34, DP 758951 | Local | I314 |
Tamworth | House “Glen Moor” | 106 Brisbane Street | Lot 10, DP 668914 | Local | I315 |
Tamworth | House | 123 Brisbane Street | Lot 1, DP 104631 | Local | I316 |
Tamworth | House | 129 Brisbane Street | Lot 4, DP 17530 | Local | I317 |
Tamworth | Main School Building “Calrossy” | 136–142 Brisbane Street | Lot 100, DP 800972 | Local | I318 |
Tamworth | House | 141A–141B Brisbane Street | Lot 2, Sec 62, DP 344900 | Local | I319 |
Tamworth | House | 149 Brisbane Street | Lot A, DP 17553 | Local | I320 |
Tamworth | Grandstand (at race track) | Britten Road | Lot 92, DP 259787 | Local | I307 |
Tamworth | Original AA Building Site | Calala Lane | Lot 5, DP 1103706 | Local | I321 |
Tamworth | House | 43 Carthage Street | Lot 1, DP 197435 | Local | I322 |
Tamworth | House | 45 Carthage Street | Lot 1, DP 197221 | Local | I323 |
Tamworth | House | 47 Carthage Street | Lot 2, DP 137243 | Local | I324 |
Tamworth | House | 64 Carthage Street | Lot 1, Sec 48, DP 304624 | Local | I325 |
Tamworth | House | 75 Carthage Street | Lot 1, Sec 34, DP 318909 | Local | I326 |
Tamworth | House | 77 Carthage Street | Lot 1, Sec 34, DP 182227 | Local | I327 |
Tamworth | House | 79 Carthage Street | Lot 1, DP 199709; Lot 9, DP 652919 | Local | I328 |
Tamworth | House | 81 Carthage Street | Lot 1, DP 914393 | Local | I329 |
Tamworth | Baptist Church | 86 Carthage Street | Part Lot 2, Sec 46, DP 318909 | Local | I330 |
Tamworth | House | 89 Carthage Street | Lot 1, Sec 34, DP 983675 | Local | I331 |
Tamworth | House “Salona” | 90 Carthage Street | Lot 1, DP 552394 | Local | I332 |
Tamworth | House | 92 Carthage Street | Lot B, Sec 46, DP 365446 | Local | I333 |
Tamworth | House | 94–96 Carthage Street | Lot 1, Sec 46, DP 170599; Lot 1, Sec 46, DP 170696 | Local | I334 |
Tamworth | House | 95 Carthage Street | Lot 95, DP 1077096 | Local | I335 |
Tamworth | House | 100 Carthage Street | Lot 8A, DP 409537 | Local | I336 |
Tamworth | St John’s Church | 102 Carthage Street | Lot 4, DP 136014; Lots 5 and 6, DP 136015; Lot 3, DP 664318 | Local | I337 |
Tamworth | House | 134 Carthage Street | Lot 72, DP 525590 | Local | I338 |
Tamworth | House | 138 Carthage Street | Lot 2, DP 5740 | Local | I339 |
Tamworth | House | 140 Carthage Street | Lot 1, Sec 43, DP 5740 | Local | I340 |
Tamworth | House | 142 Carthage Street | Lot A, DP 320339 | Local | I341 |
Tamworth | House | 150 Carthage Street | Lot A, DP 334501 | Local | I342 |
Tamworth | House | 153 Carthage Street | Lot 1, Sec 39, DP 531644 | Local | I343 |
Tamworth | House | 170 Carthage Street | Lot 1, DP 500490 | Local | I344 |
Tamworth | House | 178 Carthage Street | Lot 43, DP 632655 | Local | I345 |
Tamworth | House | 65 Church Street | Lot 401, Sec K, DP 620487 | Local | I346 |
Tamworth | House | 75 Church Street | Lot A, Sec K, DP 152966 | Local | I347 |
Tamworth | House | 77 Church Street | Lot B, Sec K, DP 152966 | Local | I348 |
Tamworth | House | 79 Church Street | Lot C, Sec K, DP 152966 | Local | I349 |
Tamworth | House | 95 Crown Street | Lot 3, Sec G, DP 329729 | Local | I350 |
Tamworth | House | 97 Crown Street | Lot 4, Sec G, DP 329729 | Local | I351 |
Tamworth | House | 8 Darling Street | Lot 100, Sec 18, DP 805150 | Local | I352 |
Tamworth | House | 10 Darling Street | Lot 1, DP 782584 | Local | I353 |
Tamworth | House | 16 Darling Street | Lot 2, Sec 18, DP 933812 | Local | I354 |
Tamworth | Railway House | 20 Darling Street | Sec 32, Departmental Residence | Local | I355 |
Tamworth | House | 61 Darling Street | Lot 1, Sec 53, DP 325982 | Local | I356 |
Tamworth | House | 63 Darling Street | Lot 2, DP 325982 | Local | I357 |
Tamworth | House | 65 Darling Street | Lot 3, Sec 53, DP 325982 | Local | I358 |
Tamworth | House | 67 Darling Street | Lot 2, DP 336908 | Local | I359 |
Tamworth | House | 69 Darling Street | Lot 1, DP 336908 | Local | I360 |
Tamworth | Main group of hospital buildings | 31 Dean Street | Lot 2, DP 533835; Lot 99, Part Lot 109, DP 753848 | Local | I361 |
Tamworth | House | 67 Denison Street | Lot 1, DP 199229 | Local | I362 |
Tamworth | House | 89 Denison Street | Lot 4, Sec F, DP 11334 | Local | I363 |
Tamworth | House | 91 Denison Street | Lot 3, Sec F, DP 11334 | Local | I364 |
Tamworth | House | 99 Denison Street | Lot 2D, DP 162035 | Local | I365 |
Tamworth | House “Carrick” | 120 Denison Street | Lot 1, DP 784438 | Local | I366 |
Tamworth | House “Calala Cottage”, slab hut and beehive building | 138–144 Denison Street | Lots 10–12, DP 38477 | Local | I367 |
Tamworth | House | 93 Denne Street | Lot 2, Sec V, DP 510902 | Local | I368 |
Tamworth | House | 95 Denne Street | Lot 1, Sec V, DP 510902 | Local | I369 |
Tamworth | House | 115 Denne Street | Lot 6A, DP 157655 | Local | I370 |
Tamworth | Main Northern Railway over the Peel River—Viaduct West of the Peel River, Railway Bridge, Viaduct East of the Peel River and the Railway Overbridge over Peel Street | From Ebsworth Street—Macquarie Street | State | I371 | |
Tamworth | Lands Office | 25 Fitzroy Street | Lot 22, Sec 14, DP 758951 | Local | I373 |
Tamworth | Town Hall | 26–28 Fitzroy Street | Lot 26, DP 1099518 | Local | I374 |
Tamworth | House | 59 Fitzroy Street | Lot 12, Sec 44, DP 304762 | Local | I375 |
Tamworth | House | 76 Fitzroy Street | Lot 22, Sec 45, DP 758951 | Local | I376 |
Tamworth | House | 96 Fitzroy Street | Lot 2, DP 513224 | Local | I377 |
Tamworth | House | 98 Fitzroy Street | Lots 49 and 50, DP 507; Lots 1–4, DP 456473 | Local | I378 |
Tamworth | House | 122 Fitzroy Street | Lot A, DP 27254 | Local | I379 |
Tamworth | War Memorial | Gipps Street | Road Seg No 100506 | Local | I380 |
Tamworth | House | 11 Gipps Street | Lot B, Sec I, DP 155275 | Local | I381 |
Tamworth | House | 14 Gipps Street | Lot 3, Sec V, DP 510902 | Local | I382 |
Tamworth | House | 15 Gipps Street | Lot C, Sec H, DP 162520 | Local | I383 |
Tamworth | House | 17 Gipps Street | Lot B, Sec H, DP 162520 | Local | I384 |
Tamworth | House | 19 Gipps Street | Lot A, Sec H, DP 162520 | Local | I385 |
Tamworth | House | 21 Gipps Street | Lot 1, DP 151413 | Local | I386 |
Tamworth | House | 22 Gipps Street | Lot 1, Sec U, DP 743407 | Local | I387 |
Tamworth | House | 26 Gipps Street | Lot A, DP 153716 | Local | I388 |
Tamworth | House | 98 Goonan Street | Lot 11, DP 1113663 | Local | I372 |
Tamworth | Cottage | 37 Griffin Avenue | Lot A, Sec 33, DP 156986 | Local | I389 |
Tamworth | Cottage | 39 Griffin Avenue | Lot B, DP 156986 | Local | I390 |
Tamworth | Cottage | 46 Griffin Avenue | Lot A, Sec 33, DP 377663 | Local | I393 |
Tamworth | Cottage | 47 Griffin Avenue | Lot B, Sec 33, DP 402188 | Local | I394 |
Tamworth | Cottage | 48 Griffin Avenue | Lot B, DP 377663 | Local | I395 |
Tamworth | Cottage | 51 Griffin Avenue | Lot 5, DP 301132 | Local | I396 |
Tamworth | Cottage | 56 Griffin Avenue | Lot B, DP 329817 | Local | I397 |
Tamworth | House | 68 Griffin Avenue | Lot 100, DP 802488 | Local | I398 |
Tamworth | House | 94 Griffin Avenue | Lot 141, Sec 35, DP 602361 | Local | I399 |
Tamworth | House | 96 Griffin Avenue | Lot 142, Sec 35, DP 602361 | Local | I400 |
Tamworth | House “The Pines” | 28 Hill Street | Lots 4 and 7, DP 37897 | Local | I401 |
Tamworth | House | 33 Hill Street | Lots 3–5, DP 1104909 | Local | I402 |
Tamworth | House | 43 Hill Street | Lot 1, DP 330939 | Local | I403 |
Tamworth | House | 65 Hill Street | Lots 18–20, DP 1097911 | Local | I404 |
Tamworth | West Tamworth Railway Station | In and Out Streets | Lot 42, DP 1006078 | Local | I405 |
Tamworth | Tamworth Correctional Centre | 152–160 Johnston Street | Lots 4–6, DP 809662 | Local | I406 |
Tamworth | House | King George V Avenue | Lot A, DP 161615 | Local | I407 |
Tamworth | House | King George V Avenue | Lot 8, DP 755334 | Local | I408 |
Tamworth | Wells and Pumping Station off Peel River | King George V Avenue and Scott Road, south bank of Peel River | Lot 1, DP 152642; Lot 1, DP 755334; Lot 229, DP 755334, Old Scott Road—Road Reserve | State | I412 |
Tamworth | House | 2–24 King George V Avenue | Lots 21 and 22, DP 557775 | Local | I409 |
Tamworth | Tobacco Kiln | 73–95 King George V Avenue | Lot 9, DP 755334 | Local | I410 |
Tamworth | Tobacco Kiln | 119–139 King George V Avenue | Lot 13, DP 62854 | Local | I411 |
Tamworth | House | 16 Macquarie Street | Lot A, Sec 51, DP 415711 | Local | I413 |
Tamworth | House | 18 Macquarie Street | Lot 2, DP 3151 | Local | I414 |
Tamworth | House | 86 Marius Street | Lot 1, DP 1100592 | Local | I415 |
Tamworth | Hospital “Allambie” | 100 Marius Street | Lot 1, DP 663144; Lot 1, DP 745341 | Local | I416 |
Tamworth | House “Marius Cottage” | 112 Marius Street | Lot 51, Sec 31, DP 518883 | Local | I417 |
Tamworth | House | 123 Marius Street | Lot 1, Sec 17, DP 743803 | Local | I418 |
Tamworth | House “St Austel” | 130 Marius Street | Lot 1, DP 719438 | Local | I419 |
Tamworth | House “The Cottage” | 141 Marius Street | Lot 1, DP 620964 | Local | I420 |
Tamworth | Old hotel building | 143–145 Marius Street | Lot 3, DP 629335 | Local | I421 |
Tamworth | Wesleyan Church and house | 144 Marius Street | Lot 1, Sec 33, DP 724125 | Local | I422 |
Tamworth | Tamworth Hotel | 147 Marius Street | Lot 1, Sec 16, DP 79182 | Local | I423 |
Tamworth | Church | 150, 152–154 and 156 Marius Street | Lots 10–12, DP 874106 | Local | I424 |
Tamworth | Northern Daily Leader | 179 Marius Street | Lot 1, DP 56457; Lot B, DP 333474 | Local | I425 |
Tamworth | Imperial Hotel | 181–195 Marius Street | Lot 89, Sec 15, DP 812988 | Local | I426 |
Tamworth | House | 204–208 Marius Street | Lot 10, DP 789014 | Local | I427 |
Tamworth | Old convent building (also known as Dominican Roman Catholic Convent) | 223–227 Marius Street | Lot 102, DP 629477 | State | I428 |
Tamworth | Power House Motel and monument | 248 Marius Street | Lot 40, DP 736594 | Local | I429 |
Tamworth | House | 29 Napier Street | Lot 18A, Sec 56, DP 435295 | Local | I430 |
Tamworth | House | 31 Napier Street | Lot 171, DP 210747 | Local | I431 |
Tamworth | House | 46–48 Napier Street | Lots 2–3, DP 7697; Lot A, DP 950251 | Local | I432 |
Tamworth | House “Girrawilla” | 62 Napier Street | Lot A, Sec 62, DP 376291 | Local | I433 |
Tamworth | House “Avondale” | 66 Napier Street | Lot 41, DP 582260 | Local | I434 |
Tamworth | House | 66A Napier Street | Lots 5 and 6, DP 249132; Lot 4, DP 581260 | Local | I435 |
Tamworth | House | 114 North Street | Lot 267, DP 716674 | Local | I436 |
Tamworth | House | 116 North Street | Lot 1, DP 19805 | Local | I437 |
Tamworth | House | 130 North Street | Lot B, DP 362159 | Local | I438 |
Tamworth | House | 132 North Street | Lot Y, DP 381871 | Local | I439 |
Tamworth | House “Glenbrook” | 28 Nundle Road | Lot 1, DP 117363 | Local | I440 |
Tamworth | House | 29 Parry Street | Lot 36, DP 21859 | Local | I441 |
Tamworth | House | 48–50 Peel Street | Lot 16, DP 527133 | Local | I442 |
Tamworth | Former brewery building | 130–138 Peel Street | Lot 130, DP 1044562 | Local | I443 |
Tamworth | Hotel Tattersalls | 146–148 Peel Street | Lot 6, Sec 28, DP 620371 | Local | I444 |
Tamworth | Group of shops | 164 Peel Street | Lot 4, Sec 28, DP 733156 | Local | I445 |
Tamworth | Former Square Man Hotel and old flour mill | 165–179 Peel Street | Lot 165, DP 1124940 | Local | I446 |
Tamworth | Old courthouse building | 212 Peel Street | Lot 21, Sec 18, DP 758951 | Local | I447 |
Tamworth | Community Centre (also known as Tamworth Peel Barracks) | 214 Peel Street | Lot 21, DP 778033 | State | I448 |
Tamworth | Commercial building | 226 Peel Street | Lot 1, DP 783751 | Local | I449 |
Tamworth | Courthouse Hotel | 232 Peel Street | Lot 1, Sec 17, DP 744585 | Local | I450 |
Tamworth | Group of shops | 235 and 237 Peel Street | Lot 235, DP 1015836; Lot 237, DP 1015836 | Local | I451 |
Tamworth | Group of shops | 239 Peel Street | Lot 1, Sec 2, DP 194694 | Local | I452 |
Tamworth | Shop | 265–267 Peel Street | Lot 1, DP 201532 | Local | I453 |
Tamworth | Shop | 277 Peel Street | Lots 1–3, DP 196730 | Local | I454 |
Tamworth | Central Hotel | 330–334 Peel Street | Lots 1–8, DP 19100 | Local | I455 |
Tamworth | Hotel and shops | 395–401 Peel Street | Lot 1, DP 555615 | Local | I456 |
Tamworth | National Australia Bank Building | 400–402 Peel Street | Lot B, Sec 15, DP 154125 | Local | I457 |
Tamworth | Post Office | 402A Peel Street | Lot 1, DP 773787 | State | I458 |
Tamworth | Commonwealth Bank Building | 404 Peel Street | Lot 1, DP 154810; Lot 1, DP 197246; Lot 2, DP 510893 | Local | I459 |
Tamworth | Former ANZ Bank Building | 429 Peel Street | Lot 13, DP 253033 | Local | I460 |
Tamworth | Masonic Temple | 462–464 Peel Street | Lot 1, Sec 13, DP 976614 | Local | I461 |
Tamworth | Shops | 465–469 Peel Street | Lot 2, DP 81235 | Local | I462 |
Tamworth | Monument | Corner Piper and Peel Streets | Lot 11, DP 739273 | Local | I463 |
Tamworth | House | 28 Piper Street | Lot 11, DP 509962 | Local | I464 |
Tamworth | House | 42 Raglan Street | Lots 45, A1 and A4, DP 736980 | Local | I465 |
Tamworth | House | 64 Raglan Street | Lot 1, DP 203220 | Local | I466 |
Tamworth | House | 10 Rawson Avenue | Lot 15, DP 1575 | Local | I467 |
Tamworth | House | 14 Rawson Avenue | Lot 13, DP 1575 | Local | I468 |
Tamworth | House | 19 Rawson Avenue | Lot 6, DP 9342 | Local | I469 |
Tamworth | House | 21 Rawson Avenue | Lot 5, DP 9342 | Local | I470 |
Tamworth | House | 23 Rawson Avenue | Lot 4, DP 9342 | Local | I471 |
Tamworth | House | 62 Rawson Avenue | Lot 1, DP 772206; Lot 1, DP 930911 | Local | I472 |
Tamworth | House | 35 Roderick Street | Lot B, DP 412256; Lot 1, DP 942053 | Local | I473 |
Tamworth | House | 65 Roderick Street | Lot 18, Sec 59, DP 758951 | Local | I474 |
Tamworth | House | 79 Roderick Street | Lot 18, Sec 66, DP 758951 | Local | I475 |
Tamworth | Tobacco kiln | Scott Road | Lot 35, DP 826572 | Local | I476 |
Tamworth | Monuments at the Tamworth Cemetery | Showground Road | Lot 1, DP 724326; Lot 3, DP 152850; Lot 7004, DP 1030068 | Local | I477 |
Tamworth | Tamworth Primary School and residence | Corner Upper and Brisbane Streets | Lots 1–11, Sec 54, DP 758951; Lots 418 and 419, DP 821635 | Local | I487 |
Tamworth | House | 24 Upper Street | Lot 11, DP 2908 | Local | I478 |
Tamworth | House “Shield Hill” | 32 Upper Street | Lot 1, DP 16452 | Local | I479 |
Tamworth | House | 38 Upper Street | Lot 51, DP 525256 | Local | I480 |
Tamworth | House | 40 Upper Street | Lot 52, DP 525256 | Local | I481 |
Tamworth | House | 44 Upper Street | Lot 54, DP 543039 | Local | I482 |
Tamworth | House | 51 and 53 Upper Street | Lots 21 and 22, DP 881281 | Local | I483 |
Tamworth | House | 55 Upper Street | Lot 1, Sec 46, DP 281 | Local | I484 |
Tamworth | House | 57 Upper Street | Lot 6, Sec 46, DP 281 | Local | I485 |
Tamworth | House | 59 Upper Street | Lot 7, Sec 46, DP 281 | Local | I486 |
Tamworth | House | 83 Upper Street | Lot 1, Sec 45, DP 14279 | Local | I488 |
Tamworth | House | 89 Upper Street | Lot 3, DP 315498 | Local | I489 |
Tamworth | House | 117 Upper Street | Lot 131, Sec 43, DP 504991 | Local | I490 |
Tamworth | House | 119 Upper Street | Lot 12, DP 666152 | Local | I491 |
Tamworth | House | 121 Upper Street | Lot A, Sec 43, DP 398327 | Local | I492 |
Tamworth | St Nicholas Church | 18 White Street | Lot 103, Sec 14, DP 629477 | Local | I493 |
Tamworth | House | 34 White Street | Lot 1, DP 6927970; Lot 13, DP 4457 | Local | I494 |
Tamworth | House | 46A White Street | Lot 2, Sec 56, DP 414091 | Local | I495 |
Tamworth | House | 46 White Street | Lot 3, Sec 56, DP 414091 | Local | I496 |
Tamworth | House | 47 White Street | Lot 1, Sec 43, DP 202888 | Local | I497 |
Tamworth | House | 48 White Street | Lot A, Sec 56, DP 954555 | Local | I498 |
Tamworth | House | 50 White Street | Lot B, Sec 56, DP 309312 | Local | I499 |
Tamworth | House | 52 White Street | Lot C, Sec 56, DP 954555 | Local | I500 |
Tamworth | House “Glen Evilly” | 53–55 White Street | Lot 55, DP 1081363 | Local | I501 |
Tamworth | House | 56 White Street | Lot 12, DP 666082 | Local | I502 |
Tamworth | House “Minna-murra” | 69 White Street | Lot 11, DP 519459 | Local | I503 |
Tamworth | House | 71 White Street | Lot 1, Sec 64, DP 977444 | Local | I504 |
Tamworth | House “Broms-grove” | 72 White Street | Lot 12, DP 666080 | Local | I505 |
Tamworth | House | 77 White Street | Lot A, Sec 64, DP 346149 | Local | I506 |
Tamworth | House | 79 White Street | Lot 1, Sec 64, DP 120697 | Local | I507 |
Timbumburi | Timbumburi School | New England Highway South | Lot 1, DP 810934 | Local | I508 |
Tintinhull | Railway bridge at road deviation | Road Reserve New England Highway North | Local | I509 | |
Tintinhull | “Tintinhull Farm” | Tintinhull Road | Lot 47, DP 1072871 | Local | I510 |
Tintinhull | Tintinhull School | Tintinhull Road | Lots 97 and 191, DP 753848 | Local | I511 |
Upper Manilla | Dingley Dell Uniques | Main Road | Lot 14, DP 1110090 | Local | I179 |
Upper Manilla | Oakey Creek Rail Bridge | State Road 63 Barraba Branch Railway, 14km North-Northwest of Upper Manilla | State | I072 | |
Watsons Creek | Former Watsons Creek School | 25 Old School Road | Lot 102, DP 753839 | Local | I512 |
Watsons Creek | Lost Boy’s Grave “Bantry” | 8 Den Mountain Road | Lot 121, DP 753839 | Local | I513 |
Watsons Creek | Miners cottage | Lower Watsons Creek Road | Lot 67, DP 753839 | Local | I514 |
Watsons Creek | Watsons Creek Hall | Watsons Creek Road | Lot 42, DP 753839 | Local | I516 |
Watsons Creek | Former store “Gunadoo” | 2 Watsons Creek Road | Lot 73, DP 753839 | Local | I515 |
Watsons Creek | Former Post Office “Craiggwan” | 2444 Watsons Creek Road | Lot 63, DP 753839 | Local | I517 |
Weabonga | Catholic Church | Britten Street | Lots 4, 5 and 18, Sec 2, DP 759062 | Local | I518 |
Weabonga | Former Anglican Church | Mitchell Street | Lot 9, Sec 1, DP 759062 | Local | I520 |
Weabonga | Weabonga Hall | Mitchell Street | Lot 10, Sec 2, DP 759062 | Local | I521 |
Weabonga | Old courthouse kitchen and police station | Frappell Street | Lots 2 and 3, Sec 3, DP 759062 | Local | I522 |
Weabonga | Weabonga School | Mitchell Street | Lot 6, Sec 8, DP 759062 | Local | I523 |
Weabonga | Weabonga Cemetery | Weabonga Road | Reserve Number 14193; Lot 7003, DP 96286 | Local | I524 |
Winton | “Dalblair” homestead | Dalblair Lane | Lots 18–25, 28, 31, 34–41, 51–52 and 57–58, DP 755330; Lot 1, DP 243629; Lot 1, DP 664998 | Local | I525 |
Winton | North/South Stock Route | Hardigan’s Lane | Local | I526 | |
Winton | Winton Cemetery | Old Winton Road | Lot 7001, DP 1026359 | Local | I527 |
Woodsreef | Woodsreef Cemetery | Old Bundarra Road | Lot 46, DP 752205 | Local | I528 |
Woodsreef | St John’s Anglican Church | Woodsreef Road | Lot 73, DP 752205 | Local | I529 |
Woolbrook | “Trainview” residence | Back Woolbrook Road | Lot 1, DP 538519 | Local | I530 |
Woolbrook | Old cottage—rear of “Trainview” residence | Daisy Street | Lot 1, DP 538519 | Local | I531 |
Woolbrook | Woolbrook Hall | Limbri-Woolbrook Road | Portion 151, DP 753846 | Local | I532 |
Woolbrook | Woolbrook Rail Bridge over McDonald River | Main Northern Railway | Main Northern Railway | State | 1539 |
Woolbrook | Former Commonwealth Bank “Curlew” | 11 Singh Street | Lots 155 and 199, DP 753846 | Local | I533 |
Woolbrook | “Riverview” residence | 14 Singh Street | Lots 184 and 185, DP 753846 | Local | I534 |
Woolomin | St Mary’s Anglican Church | 50–52 Frederick Street | Lot 3, Sec 8, DP 759117 | Local | I536 |
Woolomin | Residence | Corner Munro Street and Gap Road | Lot 222, DP 755350 | Local | I537 |
Woolomin | Residence | 86–88 Nundle Road | Lot 1, DP 127996; Lots 1 and 14, Sec 14, DP 759117 | Local | I538 |
sch 5: Am 2013 (13), Sch 1.
Maps: Am 2013 (13), 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:but does not include backpackers’ accommodation, a group home, hotel or motel accommodation, seniors housing or a serviced apartment.
(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,
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:whichever distance is the shortest.
(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,
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: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.
(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,
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:but does not include construction of a track, trail or road.
(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,
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:but that does not contain any advertising relating to a person who does not carry on business at the premises or place.
(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,
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: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.
(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,
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:but does not include:
(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,
(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: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.
(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).
commercial premises means any of the following:
(a) business premises,
(b) office premises,
(c) retail premises.
community facility means a building or place:but does not include an educational establishment, hospital, retail premises, place of public worship or residential accommodation.
(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,
community land has the same meaning as in the Local Government Act 1993.
correctional centre means:but does not include any police station or court cell complex in which a person is held in custody in accordance with any Act.
(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,
Council means the Tamworth Regional 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:but does not include land that forms any part of a reserve under Part 5 of the Crown Lands Act 1989 provided for accommodation.
(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,
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 or 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:It may include facilities that are used to provide information or education to visitors and to exhibit or display items.
(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.
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:but does not include anything declared by the regulations (under the Water Management Act 2000) not to be an estuary.
(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,
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.
Flight Training Path Map means the Tamworth Regional Local Environmental Plan 2010 Flight Training Path Map.
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 Tamworth Regional 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 has for the purposes of Part 5A of the Forestry Act 2012.
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) the harvesting of forest products, or
(c) on-going forest management operations, namely, activities relating to the management of land for timber production such as thinning and other silvicultural activities such as bee-keeping, grazing and bush fire hazard reduction, 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:but excludes:
(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,
(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:but does not include development to which State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 applies.
(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,
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:but does not include development to which State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 applies.
(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,
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:It may also involve the use of a hazardous storage establishment or offensive storage establishment.
(a) hazardous industry, or
(b) offensive industry.
Note—
Heavy industries are a type of industry—see the definition of that term in this Dictionary.
Height of Buildings Map [Not applicable].
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:and includes any heritage items situated on or within that area.
(a) shown on the Heritage Map as a heritage conservation area, and
(b) the location and nature of which is described in Schedule 5,
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 Tamworth Regional 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: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.
(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,
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:but does not include bed and breakfast accommodation, home occupation (sex services) or sex services premises.
(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,
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:but does not include bed and breakfast accommodation or sex services premises.
(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,
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:but does not include bed and breakfast accommodation, home occupation (sex services) or sex services premises.
(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,
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:but does not include a home business or sex services premises.
(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,
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:but does not include backpackers’ accommodation, a boarding house, bed and breakfast accommodation or farm stay accommodation.
(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,
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:but does not include a warehouse or distribution centre.
(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,
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:but does not include:
(a) general industry,
(b) heavy industry,
(c) light industry,
(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:but does not include extensive agriculture, aquaculture or the operation of facilities for drought or similar emergency relief.
(a) dairies (restricted),
(b) feedlots,
(c) piggeries,
(d) poultry farms,
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 Tamworth Regional Local Environmental Plan 2010 Land Application Map.
Land Reservation Acquisition Map means the Tamworth Regional Local Environmental Plan 2010 Land Reservation Acquisition Map.
Land Zoning Map means the Tamworth Regional 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.
Lot Size Map means the Tamworth Regional 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.
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.
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.
Noise Exposure Forecast Contour Map means the Tamworth Regional Local Environmental Plan 2010 Noise Exposure Forecast Contour Map.
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.
Obstacle Limitation Surface Map means the Tamworth Regional Local Environmental Plan 2010 Obstacle Limitation Surface Map.
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.
means:
(a) people who are disadvantaged because of their alcohol or drug dependence, extreme poverty, psychological disorder or other similar disadvantage, or
(b) people who require protection because of domestic violence or upheaval.
people with a disability means people of any age who, as a result of having an intellectual, psychiatric, sensory, physical or similar impairment, or a combination of such impairments, either permanently or for an extended period, have substantially limited opportunities to enjoy full and active lives.
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.
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 in relation to an urban release area, 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: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.
(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,
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:and any ancillary buildings, but does not include a recreation facility (indoor), recreation facility (major) or recreation facility (outdoor).
(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,
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:but does not include tourist and visitor accommodation or caravan parks.
(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,
residential care facility means accommodation for seniors or people with a disability that includes:but does not include a dwelling, hostel, hospital or psychiatric facility.
(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,
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;but does not include highway service centres, service stations, industrial retail outlets or restricted premises.
(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,
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.
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:and that is, or is intended to be, used permanently for:but does not include a hospital.
(a) a residential care facility, or
(b) a hostel within the meaning of clause 12 of State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004, 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),
(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,
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.
Sewage Treatment Plant Map means the Tamworth Regional Local Environmental Plan 2010 Sewage Treatment Plant Map.
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:but does not include a traffic sign or traffic control facilities.
(a) an advertising structure,
(b) a building identification sign,
(c) a business identification sign,
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: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.
(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,
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:but does not include:
(a) backpackers’ accommodation,
(b) bed and breakfast accommodation,
(c) farm stay accommodation,
(d) hotel or motel accommodation,
(e) serviced apartments,
(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.
underground mining means:but does not include open cut mining.
(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),
urban release area means an area of land identified as “Urban Release Area” on the Urban Release Area Map.
Urban Release Area Map means the Tamworth Regional Local Environmental Plan 2010 Urban Release Area Map.
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 Disposal Facility Map means the Tamworth Regional Local Environmental Plan 2010 Waste Disposal Facility Map.
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.
Water Treatment Facilities Map means the Tamworth Regional Local Environmental Plan 2010 Water Treatment Facilities Map.
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.