Part 1 Preliminary
1 Name of plan
This plan is Campbelltown (Urban Area) Local Environmental Plan 2002.
2 Aims and objectives
(1) The aims of this plan are:(a) to provide controls on development for the urban area of the City of Campbelltown in a local environmental plan which consolidates and simplifies existing controls applying in that area, and(b) to establish a broad framework of controls and allow the opportunity for more detailed provisions relating to specific types of development or specific areas to be provided by development control plans, and(c) to promote the objectives of the Act and, in particular, to maintain and enhance the amenity of the urban area of the City of Campbelltown.(2) The objectives of this plan are:(a) to modify existing controls on development where necessary to gain uniformity in controls across the urban area of the City of Campbelltown, and(b) to protect areas from inappropriate development, and(c) to maintain and improve the opportunities for appropriate commercial and industrial development in those parts of the urban area of the City of Campbelltown identified as suitable for those purposes, and(d) to maintain and improve opportunities for the community living in the City of Campbelltown to enjoy an appropriate range of social, cultural and recreational facilities, and(e) to ensure that environmentally sensitive areas (including waterways, riparian corridors, biological linkages, remnant native vegetation and associated buffers) are protected and, where damaged, rehabilitated, and(f) to encourage a variety of forms of higher density housing in locations which are accessible to public transport, employment, retail, commercial and service facilities, and(g) to ensure that heritage items are identified and protected, and(h) to encourage the provision of a safe and efficient system for movement between the various parts of the urban area of the City of Campbelltown and to other places, particularly through the use of public transport, and encouraging cycling and walking, and(i) to ensure that all development satisfies the principles of ecologically sustainable development, energy conservation and efficiency, and that the cumulative impact of development in sub-catchments is considered, and(j) to conserve the environmental heritage of the urban area of the City of Campbelltown, and(k) to retain the cultural significance of the urban area of the City of Campbelltown, and(l) to conserve existing significant fabric, settings, relics and views associated with the heritage significance of heritage items and heritage conservation areas, and(m) to ensure that any development does not adversely affect the heritage significance of heritage items and heritage conservation areas and their settings, and(n) to ensure that archaeological sites and places of Aboriginal significance are conserved, and(o) to allow for the protection of buildings, works, relics, trees, places and archaeological sites which have heritage significance but which are not identified as heritage items by an environmental planning instrument, and(p) to ensure that the heritage conservation areas throughout the urban area of the City of Campbelltown retain their heritage significance, and(q) to ensure that measures are adopted to minimise potential soil salinity problems.cl 2: Am 2006 (140), Sch 1 [1] [2].
3 Land to which plan applies
This plan applies to land within the City of Campbelltown as shown distinctly coloured, except for land marked “deferred matter”, on the map.
4 Relationship to other environmental planning instruments
(1) This plan repeals the following deemed environmental planning instruments and local environmental plans:County of Cumberland Planning Scheme Ordinance (but only to the extent that it applied to land to which this plan applied immediately before the commencement of this plan)Interim Development Order No 7—City of CampbelltownInterim Development Order No 9—City of CampbelltownInterim Development Order No 19—City of CampbelltownInterim Development Order No 21—City of CampbelltownInterim Development Order No 23—City of CampbelltownInterim Development Order No 24—City of CampbelltownInterim Development Order No 25—City of CampbelltownInterim Development Order No 26—City of CampbelltownInterim Development Order No 27—City of CampbelltownInterim Development Order No 29—City of CampbelltownCampbelltown Local Environmental Plan No 47Campbelltown Local Environmental Plan No 62(2) If this plan applies to land, no other deemed environmental planning instrument or other local environmental plan in force at the commencement of this plan applies to the land, except:Campbelltown Local Environmental Plan No 214—Complying DevelopmentCampbelltown Local Environmental Plan 2001—Exempt and Complying Development(3) Despite subclause (2), environmental planning instruments (including, where appropriate, State environmental planning policies, regional environmental plans and deemed environmental planning instruments) as in force immediately before the appointed day continue to apply to a development application if:(a) the application was made but had not been finally determined before that day, and(b) the development that is the subject of the application is prohibited by other provisions of this plan but could, with development consent, have been carried out in accordance with those instruments as so in force.(4) Interim Development Order No 22—City of Campbelltown is amended by inserting at the end of clause 1A the following subclause:(2) This Order does not apply to land to which Campbelltown (Urban Area) Local Environmental Plan 2002 applies.
5 Interpretation
(1) Some terms used in this plan have a particular meaning, which is set out in the Dictionary in Schedule 3.(2) In this plan:(a) a reference to a building or place used for a purpose includes a reference to a building or place intended to be used for the purpose, and(b) a reference to a map is a reference to a map deposited in the office of the Council.(3) In Part 2:(a) a reference to dwellings is a reference to all types of dwellings other than any types of dwellings specifically excluded in the immediately following phrase in parenthesis beginning with the words “other than”, and(b) a reference to industries is a reference to all types of industries other than:(i) extractive industries, and(ii) any types of industries specifically excluded in the immediately following phrase in parenthesis beginning with the words “other than”, and(c) a reference to a storage establishment is a reference to all types of storage establishments, including hazardous or offensive storage establishments.(4) The list of contents and notes in this plan are not part of this plan.
6 Consent authority
The Council is the consent authority for the purposes of this plan, subject to the Act.
Part 2 Land use
Division 1 General zoning controls
7 Zone 1 (a)—Rural A Zone
(1) What land is within Zone 1 (a)? Land is within Zone 1 (a) if it is shown coloured buff on the map.(2) What is the zone objective and what effect does it have? The objective of this zone is to identify land that constraints make unsuitable for urban use so that it can be put to long-term agricultural use.Except as otherwise provided by this plan, consent must not be granted for development on land within this zone unless the consent authority is of the opinion that carrying out the proposed development would be consistent with the objective of this zone.A further objective of this zone is to encourage a high quality standard of development which is aesthetically pleasing, functional and relates sympathetically to nearby and adjoining development.(3) What development may be carried out without consent? Development must not be carried out on land within this zone without consent.(4) What development may be carried out only with consent? Development may be carried out on land within this zone only with consent for the purpose of:agriculture; bushfire hazard reduction; drainage; dual occupancies (attached); dwelling houses; forestry; mines; utility installations.(5) What development is prohibited? Development which is not included in subclause (4) is prohibited on land within this zone.cll 7: Am 6.8.2004.
8 Zone 1 (d)—Rural Future Urban Zone
(1) What land is within Zone 1 (d)? Land is within Zone 1 (d) if it is shown coloured buff and lettered “1 (d)” on the map.(2) What is the zone objective and what effect does it have? The objective of this zone is to identify and protect land held in reserve for future urban use.Except as otherwise provided by this plan, consent must not be granted for development on land within this zone unless the consent authority is of the opinion that carrying out the proposed development would be consistent with the objective of this zone.A further objective of this zone is to encourage a high quality standard of development which is aesthetically pleasing, functional and relates sympathetically to nearby and adjoining development.(3) What development may be carried out without consent? Development must not be carried out on land within this zone without consent.(4) What development may be carried out only with consent? Development may be carried out on land within this zone only with consent for the purpose of:agriculture; bushfire hazard reduction; drainage; forestry; mines; utility installations.(5) What development is prohibited? Development which is not included in subclause (4) is prohibited on land within this zone.cll 8: Am 6.8.2004.
9 Zone 2 (b)—Residential B Zone
(1) What land is within Zone 2 (b)? Land is within Zone 2 (b) if it is shown coloured pink (and not edged red) on the map.(2) What are the zone objectives and what effect do they have? The objectives of this zone are:(a) to make general provision for land to be used for housing and associated purposes, and(b) to permit the development of a range of housing types, and(c) to encourage a variety of forms of housing that are higher in density than traditional dwelling houses, including accommodation for older people and people with disabilities, in locations which are accessible to public transport, employment, retail, commercial and service facilities, and(d) to allow the carrying out of a reasonable range of activities from dwellings, where such activities are not likely to adversely affect the amenity of the locality, and(e) to allow development which:(i) is compatible with residential use, and(ii) is capable of visual integration with the surrounding buildings, and(iii) serves the needs of the surrounding population without conflicting with the residential intent of the zone, and(iv) does not place demands on services beyond the level reasonably required for residential use.Except as otherwise provided by this plan, consent must not be granted for development on land within this zone unless the consent authority is of the opinion that carrying out the proposed development would be consistent with one or more of the objectives of this zone.A further objective of this zone is to encourage a high quality standard of development which is aesthetically pleasing, functional and relates sympathetically to nearby and adjoining development.(3) What development may be carried out without consent? Development may be carried out on land within this zone without consent for the purpose of:drainage; forestry; utility installations.(4) What development may be carried out only with consent? Development which is not included in subclause (3) or (5) may be carried out with consent on land within this zone.(5) What development is prohibited? Development is prohibited on land within this zone if it is for the purpose of:amusement centres; animal boarding or training establishments; auction premises; bulky goods retailing; bus depots; caravan parks; clubs; commercial premises; computer processing centres; extractive industries; helipads; heliports; hotels; industrial machinery showrooms; industries; institutions; intensive horticulture; intensive livestock keeping; junk yards; landscape supply establishments; liquor stores; motels; motor showrooms; motor vehicle body repair workshops; motor vehicle repair stations; motor vehicle spare parts and accessories outlets; plant hire; public buildings; recreation establishments; recreation facilities; refreshment rooms; research establishments; residential flat buildings; retail plant nurseries; retail plant propagation nurseries; roadside stalls; service stations; shops; storage establishments; towing services; transport terminals; veterinary establishments; warehouses; wholesale plant nurseries.cl 9: Am 6.8.2004; 26.11.2004; 2006 (140), Sch 1 [3].
9A Zone 2 (c)—Higher Density Residential Zone
(1) What land is within Zone 2 (c)? Land is within Zone 2 (c) if it is shown coloured pink and edged red on the map.(2) What are the zone objectives and what effect do they have? The objectives of this zone are:(a) to make provision for land to be used for housing and a range of associated uses, and(b) to permit a range of housing types, with identified density standards, and(c) to encourage the provision of a variety of housing types that are higher in density than traditional dwelling houses within locations that are accessible to public transport, employment and retail, commercial and service facilities, and(d) to permit the carrying out of a range of activities from dwellings, where such activities are not likely to adversely affect the amenity of residents of the locality, and(e) to permit development that is supported by physical and social infrastructure required to meet the needs of the future residents within the zone, and(f) to permit development that acknowledges and protects areas of environmental and cultural sensitivity, and(g) to permit development that incorporates measures to minimise potential soil salinity problems, and(h) to permit development that will maximise the retention of remnant native vegetation.Except as otherwise provided by this plan, consent must not be granted for development on land within this zone unless the consent authority is of the opinion that the proposed development would be consistent with one or more of the objectives of this zone.(3) What development may be carried out without consent? Development may be carried out on land within this zone without consent for the purpose of utility installations.(4) What development may be carried out only with consent? Development that is not included in subclause (3) or (5) may be carried out with consent on land within this zone.(5) What development is prohibited? Development is prohibited on land within this zone if it is for the purpose of:Agriculture; amusement centres; animal boarding or training establishments; auction premises; brothels; bulky goods retailing; bus depots; caravan parks; clubs; commercial premises; computer processing centres; extractive industries; forestry; hazardous industries; hazardous storage establishments; helipads; heliports; hospitals; hotels; industrial machinery showrooms; industries; institutions; intensive horticulture; intensive livestock keeping; junk yards; landscape supply establishments; liquor stores; local markets; mines (except underground mining); motels; motor showrooms; motor vehicle body repair workshops; motor vehicle repair stations; motor vehicle spare parts and accessories outlets; offensive industries; offensive storage establishments; places of assembly; plant hire; potentially hazardous industries; potentially offensive industries; public buildings; recreation establishments; refreshment rooms; religious establishments; research establishments; retail plant nurseries; retail plant propagation nurseries; roadside stalls; rural industries; sawmills; service stations; shops; storage establishments; towing services; transport terminals; veterinary establishments; warehouses; wholesale plant nurseries.cl 9A: Ins 2006 (140), Sch 1 [4].
10 Zone 3 (a)—General Business Zone
(1) What land is within Zone 3 (a)? Land is within Zone 3 (a) if it is shown coloured mid blue on the map.(2) What are the zone objectives and what effect do they have? The objectives of this zone are:(a) to provide space for a wide range of retail and commercial needs to serve the district of Edmondson Park, and(b) to encourage employment and business activities in order to promote the economic well-being of the community, and(c) to accommodate a range of cultural, entertainment and like facilities for the benefit of the community, and(d) to encourage a variety of forms of higher density housing, including accommodation for older people and people with disabilities, in locations which are accessible to public transport, employment, retail, commercial and service facilities, and(e) to facilitate the establishment of the Edmondson Park Town Centre as a transport node servicing the Edmondson Park Urban Release Area Precinct and adjoining lands.Except as otherwise provided by this plan, consent must not be granted for development on land within this zone unless the consent authority is of the opinion that carrying out the proposed development would be consistent with one or more of the objectives of this zone.A further objective of this zone is to encourage a high quality standard of development which is aesthetically pleasing, functional and relates sympathetically to nearby and adjoining development.(3) What development may be carried out without consent? Development may be carried out on land within this zone without consent for the purpose of:drainage; utility installations.(4) What development may be carried out only with consent? Development which is not included in subclause (3) or (5) may be carried out with consent on land within this zone.(5) What development is prohibited? Development is prohibited on land within this zone if it is for the purpose of:Agriculture; animal boarding or training establishments; brothels; bulky goods retailing; bus depots; caravan parks; dual occupancies; dual occupancies (attached); dwelling houses; exhibition homes; extractive industries; forestry; hazardous industries; hazardous storage establishments; helipads; heliports; hospitals; industrial machinery show rooms; industries; institutions; integrated housing development; intensive horticulture; intensive livestock keeping; junkyards; landscape supply establishments; mines (except underground mining); motor vehicle body repair workshops; motor vehicle repair stations; motor vehicle spare parts and accessories outlets; offensive industries; offensive storage establishments; potentially hazardous industries; potentially offensive industries; recreation establishments; religious establishments; retail plant propagation nurseries; roadside stalls; rural industries; sawmills; storage establishments; towing services; warehouses; wholesale plant nurseries.cl 10: Am 6.8.2004; 26.11.2004; 2006 (140), Sch 1 [5]–[7]; 2006 (623), Sch 1 [1].
11 Zone 3 (c)—Neighbourhood Business Zone
(1) What land is within Zone 3 (c)? Land is within Zone 3 (c) if it is shown coloured dark blue on the map.(2) What are the zone objectives and what effect do they have? The objectives are:(a) to provide conveniently located land for a range of shops, commercial premises and professional services that are of a domestic scale, compatible with residential development, and which serve the needs of the local community, and(b) to accommodate a restricted range of facilities required in the local community but which are not appropriate on land within Zone 2 (b).Except as otherwise provided by this plan, consent must not be granted for development on land within this zone unless the consent authority is of the opinion that carrying out the proposed development would be consistent with one or more of the objectives of this zone.A further objective of this zone is to encourage a high quality standard of development which is aesthetically pleasing, functional and relates sympathetically to nearby and adjoining development.(3) What development may be carried out without consent? Development may be carried out on land within this zone without consent for the purpose of:drainage; utility installations.(4) What development may be carried out only with consent? Development which is not included in subclause (3) or (5) may be carried out with consent on land within this zone.(5) What development is prohibited? Development is prohibited on land within this zone if it is for the purpose of:Agriculture, amusement centres; animal boarding or training establishments; auction premises; brothels; bulky goods retailing; bus depots; caravan parks; clubs; computer processing centres; dual occupancies; dual occupancies (attached); dwelling houses; exhibition homes; extractive industries; forestry; hazardous industries; hazardous storage establishments; helipads; heliports; hospitals; hotels; industrial machinery showrooms; industries; institutions; intensive horticulture; intensive livestock keeping; junk yards; landscape supply establishments; mines (except underground mining); motels; motor showrooms; motor vehicle body repair workshops; motor vehicle repair stations; motor vehicle spare parts and accessories outlets; offensive industries; offensive storage establishments; places of assembly; plant hire; potentially hazardous industries; potentially offensive industries; recreation establishments; religious establishments; research establishments; retail plant nurseries; retail plant propagation nurseries; roadside stalls; rural industries; sawmills; storage establishments; towing services; transport terminals; warehouses; wholesale plant nurseries.cl 11: Am 6.8.2004; 26.11.2004; 2006 (140), Sch 1 [8].
12 Zone 4 (a)—General Industry Zone
(1) What land is within Zone 4 (a)? Land is within Zone 4 (a) if it is shown coloured mauve on the map.(2) What are the zone objectives and what effect do they have? The objectives of this zone are:(a) to encourage activities that will contribute to the economic and employment growth of the City of Campbelltown, and(b) to allow a range of industrial, storage and allied activities, together with ancillary uses, the opportunity to locate within the City of Campbelltown, and(c) to encourage a high quality standard of development which is aesthetically pleasing, functional and relates sympathetically to nearby and adjoining development, and(d) to protect the viability of the commercial centres in the City of Campbelltown by limiting commercial activities to those associated with permitted industrial, storage and allied development, and(e) to ensure development will not be carried out unless the consent authority is satisfied that the processes to be carried on, the transportation to be involved, or the plant, machinery or materials to be used, do not interfere unreasonably with the amenity of the area.Except as otherwise provided by this plan, consent must not be granted for development on land within this zone unless the consent authority is of the opinion that carrying out the proposed development would be consistent with one or more of the objectives of this zone.(3) What development may be carried out without consent? Development may be carried out on land within this zone without consent for the purpose of:drainage; forestry; utility installations.(4) What development may be carried out only with consent? Development which is not included in subclause (3) or (5) may be carried out with consent on land within this zone.(5) What development is prohibited? Development is prohibited on land within this zone if it is for the purpose of:boarding-houses; bulky goods retailing; caravan parks; commercial premises (other than those associated with, or ancillary to, any other permissible development and located on the same site as that development); dwellings (other than conjoint dwellings); exhibition homes; extractive industries; hazardous industries; hazardous storage establishments; hospitals; institutions; liquor stores; offensive industries; offensive storage establishments; places of assembly; religious establishments (other than those in existing industrial buildings); retail plant nurseries; roadside stalls; shops (other than those primarily intended to serve people employed or occupied in land uses permitted in the industrial zones).cll 12: Am 6.8.2004.
13 Zone 4 (b)—Industry B Zone
(1) What land is within Zone 4 (b)? Land is within Zone 4 (b) if it is shown coloured mauve with red edging and lettered “4 (b)” on the map.(2) What are the zone objectives and what effect do they have? The objectives of this zone are:(a) to encourage activity that will contribute to economic and employment growth in the City of Campbelltown, and(b) to encourage a high quality standard of development which is aesthetically pleasing, functional and relates sympathetically to nearby and adjoining development, and(c) to protect the viability of the commercial centres in the City of Campbelltown by limiting commercial activities to those associated with permitted industrial, storage and allied development or primarily intended to provide a professional facility to serve people employed or occupied in land uses permitted in the industrial zones, and(d) to permit the display and sale by retail of bulky goods only if such activities cannot appropriately be located in, or would not adversely affect the viability of development in, the business or comprehensive centre zones, and(e) to ensure development will not be carried out if the processes to be carried on, the transportation to be involved or the plant, machinery or materials to be used interfere unreasonably with the amenity of the area.Except as otherwise provided by this plan, consent must not be granted for development on land within this zone unless the consent authority is of the opinion that carrying out the proposed development would be consistent with one or more of the objectives of this zone.(3) What development may be carried out without consent? Development may be carried out on land within this zone without consent for the purpose of:drainage; forestry; utility installations.(4) What development may be carried out only with consent? Development may be carried out on land within this zone only with consent for the purpose of:commercial premises used by accountants or tax agents; any other development which is not included in subclause (3) or (5).(5) What development is prohibited? Development is prohibited on land within this zone if it is for the purpose of:boarding-houses; caravan parks; commercial premises (other than those used by accountants or tax agents and those associated with and ancillary to any other development not included in this subclause and located on the same site as that development); dwellings (other than conjoint dwellings); exhibition homes; extractive industries; hazardous industries; hazardous storage establishments; hospitals; institutions; junk yards; offensive industries; offensive storage establishments; religious establishments (other than those in existing industrial buildings); roadside stalls; shops (other than those primarily intended to serve people employed or occupied in land uses permitted in the industrial zones).cll 13: Am 6.8.2004.
14 Zone 4 (c)—Industry C Zone
(1) What land is within Zone 4 (c)? Land is within Zone 4 (c) if it is shown coloured mauve with red edging and lettered “4 (c)” on the map.(2) What are the zone objectives and what effect do they have? The objectives of this zone are:(a) to encourage activity that will contribute to economic and employment growth in the City of Campbelltown, and(b) to encourage a high quality standard of development which is aesthetically pleasing, functional, and relates sympathetically to nearby and adjoining development, and(c) to protect the viability of the commercial centres in the City of Campbelltown by limiting commercial activities to those associated with permitted industrial, storage and allied development, and(d) to permit the display and sale by retail of bulky goods only if such activities cannot appropriately be located in, or would not adversely affect the viability of development in, the comprehensive centre zones, and(e) to ensure development shall not be carried out if the processes to be carried on, the transportation to be involved or the plant, machinery or materials to be used interfere unreasonably with the amenity of the area, and(f) to ensure that development does not unreasonably affect the amenity of existing dwellings on land in the zone.Except as otherwise provided by this plan, consent must not be granted for development on land within this zone unless the consent authority is of the opinion that carrying out the proposed development would be consistent with one or more of the objectives of this zone.(3) What development may be carried out without consent? Development may be carried out on land within this zone without consent for the purpose of:drainage; forestry; utility installations.(4) What development may be carried out only with consent? Development which is not included in subclause (3) or (5) may be carried out with consent on land within this zone.(5) What development is prohibited? Development is prohibited on land within this zone if it is for the purpose of:boarding-houses; caravan parks; commercial premises (other than those associated with and ancillary to any other development not included in this subclause and located on the same site as that development); dwellings (other than conjoint dwellings); exhibition homes; extractive industries; hazardous industries; hazardous storage establishments; hospitals; institutions; junk yards; liquor stores; motor vehicle body repair workshops; offensive industries; offensive storage establishments; places of assembly; religious establishments (other than those in existing industrial buildings); roadside stalls; shops (other than those primarily intended to serve people employed or occupied in land uses permitted in the industrial zones); towing services.cl 14: Am 17.5.2002; 6.8.2004; 26.11.2004.
15 Zone 5 (a)—Special Uses A Zone
(1) What land is within Zone 5 (a)? Land is within Zone 5 (a) if it is shown coloured yellow with red edging and red lettering on the map.(2) What are the zone objectives and what effect do they have? The objectives of this zone are:(a) to provide land for special uses which would otherwise be prohibited by the zoning of the surrounding area, and(b) to identify land used or required for railway purposes.Except as otherwise provided by this plan, consent must not be granted for development on land within this zone unless the consent authority is of the opinion that carrying out the proposed development would achieve the objective of this zone stated in paragraph (a).A further objective of this zone is to encourage a high quality standard of development which is aesthetically pleasing, functional and relates sympathetically to nearby and adjoining development.(3) What development may be carried out without consent? Development may be carried out on land within this zone without consent for the purpose of:drainage; utility installations.(4) What development may be carried out only with consent? Development may be carried out on land within this zone only with consent for the purpose of:the land use indicated by lettering on the map and any land use normally associated with and ancillary to that use; bushfire hazard reduction; forestry; roads; underground mining.(5) What development is prohibited? Development is prohibited on land within this zone if it is not included in subclause (3) or (4).cll 15–18: Am 6.8.2004.
16 Zone 5 (b)—Special Uses Arterial Roads Zone
(1) What land is within Zone 5 (b)? Land is within Zone 5 (b) if it is shown coloured light grey on the map.(2) What are the zone objectives and what effect do they have? The objectives of this zone are:(a) to identify land required for existing or proposed arterial roads (including the widening of existing roads), and(b) to control vehicular access to and from roads in the zone so as not to inhibit the free flow of traffic on arterial roads, and(c) to allow for the development of such land prior to its acquisition for road purposes.Except as otherwise provided by this plan, consent must not be granted for development on land within this zone unless the consent authority is of the opinion that carrying out the proposed development would be consistent with one or more of the objectives of this zone.A further objective of this zone is to encourage a high quality standard of development which is aesthetically pleasing, functional and relates sympathetically to nearby and adjoining development.(3) What development may be carried out without consent? Development may be carried out on land within this zone without consent for the purpose of:drainage; roads; utility installations.(4) What development may be carried out only with consent? Development may be carried out on land within this zone only with consent for the purpose of:bushfire hazard reduction (otherwise than in accordance with a bush fire management plan prepared under the Rural Fires Act 1997); underground mining.(5) What development is prohibited? Development is prohibited on land within this zone if it is not included in subclause (3) or (4).cll 15–18: Am 6.8.2004.
17 Zone 5 (c)—Special Uses Sub-Arterial Roads Zone
(1) What land is within Zone 5 (c)? Land is within Zone 5 (c) if it is shown coloured mid grey on the map.(2) What are the zone objectives and what effect do they have? The objectives of this zone are:(a) to identify land required for existing or proposed sub-arterial roads (including the widening of existing roads), and(b) to control vehicular access to and from roads in the zone so as not to inhibit the free flow of traffic on sub-arterial roads, and(c) to allow for the development of such land prior to its acquisition for road purposes.Except as otherwise provided by this plan, consent must not be granted for development on land within this zone unless the consent authority is of the opinion that carrying out the proposed development would be consistent with one or more of the objectives of this zone.A further objective of this zone is to encourage a high quality standard of development which is aesthetically pleasing, functional and relates sympathetically to nearby and adjoining development.(3) What development may be carried out without consent? Development may be carried out on land within this zone without consent for the purpose of:drainage; roads; utility installations.(4) What development may be carried out only with consent? Development may be carried out on land within this zone only with consent for the purpose of:bushfire hazard reduction (otherwise than in accordance with a bush fire management plan prepared under the Rural Fires Act 1997); underground mining.(5) What development is prohibited? Development is prohibited on land within this zone if it is not included in subclause (3) or (4).cll 15–18: Am 6.8.2004.
18 Zone 5 (d)—Special Uses Local Roads Zone
(1) What land is within Zone 5 (d)? Land is within Zone 5 (d) if it is shown coloured dark grey on the map.(2) What are the zone objectives and what effect do they have? The objectives of this zone are:(a) to identify land required for proposed local roads (including the widening of existing roads), and(b) to allow for the development of such land prior to its acquisition or dedication for use for roads.Except as otherwise provided by this plan, consent must not be granted for development on land within this zone unless the consent authority is of the opinion that carrying out the proposed development would be consistent with one or more of the objectives of this zone.A further objective of this zone is to encourage a high quality standard of development which is aesthetically pleasing, functional and relates sympathetically to nearby and adjoining development.(3) What development may be carried out without consent? Development may be carried out on land within this zone without consent for the purpose of:drainage; roads; utility installations.(4) What development may be carried out only with consent? Development may be carried out on land within this zone only with consent for the purpose of:bushfire hazard reduction (otherwise than in accordance with a bush fire management plan prepared under the Rural Fires Act 1997); underground mining.(5) What development is prohibited? Development is prohibited on land within this zone if it is not included in subclause (3) or (4).cll 15–18: Am 6.8.2004.
19 Zone 5 (e)—Special Uses Public Purposes Corridor Zone
(1) What land is within Zone 5 (e)? Land is within Zone 5 (e) if it is shown coloured yellow and red and lettered “5 (e)” on the map.(2) What are the zone objectives and what effect do they have? The objectives of this zone are:(a) to reserve land through which major linear elements of regional infrastructure may be constructed across the urban area of the City of Campbelltown, and(b) to assist in structuring the urban area of the City of Campbelltown, specifically, by physically separating the suburbs of Ingleburn and Minto, and(c) to bring a rural landscape into part of the urban area of the City of Campbelltown, and(d) to provide recreational and environmental education opportunities for the local community until the land is required for some element of regional infrastructure, and(e) subject to paragraph (d), to provide opportunities for land uses which can be removed, at no cost to the public sector, from any land required for any element of regional infrastructure which is to pass through the corridor and which is compatible with other development in or adjoining the corridor.Except as otherwise provided by this plan, consent must not be granted for development on land within this zone unless the consent authority is of the opinion that carrying out the proposed development would be consistent with one or more of the objectives of this zone.A further objective of this zone is to encourage a high quality standard of development which is aesthetically pleasing, functional and relates sympathetically to nearby and adjoining development.(3) What development may be carried out without consent? Development may be carried out on land within this zone without consent for the purpose of:drainage; utility installations.(4) What development may be carried out only with consent? Development which is not included in subclause (3) or (5) may be carried out with consent on land within this zone.(5) What development is prohibited? Development is prohibited on land within this zone if it is for the purpose of:amusement centres; animal boarding or training establishments; auction premises; boarding-houses; bulky goods retailing; bus depots; caravan parks; child care centres; clubs; commercial premises; computer processing centres; dwellings; helipads; heliports; hotels; industrial machinery showrooms; industries; institutions; intensive horticulture; intensive livestock keeping; junk yards; liquor stores; motels; motor showrooms; motor vehicle body repair workshops; motor vehicle repair stations; motor vehicle spare parts and accessories outlets; places of assembly; plant hire; religious establishments; research establishments; roadside stalls; service stations; shops; towing services; transport terminals; veterinary clinics; veterinary establishments; warehouses.cl 19: Am 6.8.2004; 26.11.2004.
20 Zone 6 (a)—Local Open Space Zone
(1) What land is within Zone 6 (a)? Land is within Zone 6 (a) if it is shown coloured light green on the map.(2) What are the zone objectives and what effect do they have? The objectives of this zone are:(a) to ensure there is provision of adequate open space to meet the existing and future needs of residents and to provide opportunities to enhance the environmental quality of the City of Campbelltown, and(b) to identify land which is owned, or proposed to be owned, by the Council and to provide for the acquisition or dedication of this land for open space or public recreational purposes, and(c) to identify land which is owned by the Crown and is under the care, control and management of the Council as public open space, and(d) to protect and preserve areas of urban bushland which are considered valuable because of their natural heritage significance or recreational, educational, aesthetic or scientific values, and(e) to provide opportunities for recreation and the provision of community facilities on publicly owned land.Except as otherwise provided by this plan, consent must not be granted for development on land within this zone unless the consent authority is of the opinion that carrying out the proposed development would be consistent with one or more of the objectives of this zone.A further objective of this zone is to encourage a high quality standard of development which is aesthetically pleasing, functional and relates sympathetically to nearby and adjoining development.(3) What development may be carried out without consent? Development may be carried out on land within this zone without consent for the purpose of:drainage; utility installations.(4) What development may be carried out only with consent? Development may be carried out on land within this zone only with consent for the purpose of:bushfire fighting establishments; bushfire hazard reduction (otherwise than in accordance with a bush fire management plan prepared under the Rural Fires Act 1997); car parking; community facilities; recreation areas; recreation facilities; roads; underground mining.(5) What development is prohibited? Development is prohibited on land within this zone if it is not included in subclause (3) or (4).cll 20–22: Am 6.8.2004.
21 Zone 6 (b)—Regional Open Space Zone
(1) What land is within Zone 6 (b)? Land is within Zone 6 (b) if it is shown coloured mid green on the map.(2) What are the zone objectives and what effect do they have? The objectives of this zone are:(a) to identify land which has been acquired for, or is to be acquired for, regional open space, and(b) to preserve and manage regional open space for conservation and recreational purposes for the benefit of the Sydney region.Except as otherwise provided by this plan, consent must not be granted for development on land within this zone unless the consent authority is of the opinion that carrying out the proposed development would be consistent with one or more of the objectives of this zone.A further objective of this zone is to encourage a high quality standard of development which is aesthetically pleasing, functional and relates sympathetically to nearby and adjoining development.(3) What development may be carried out without consent? Development may be carried out on land within this zone without consent for the purpose of:drainage; utility installations.(4) What development may be carried out only with consent? Development may be carried out on land within this zone only with consent for the purpose of:bushfire fighting establishments; bushfire hazard reduction (otherwise than in accordance with a bush fire management plan prepared under the Rural Fires Act 1997); car parking; community facilities; recreation areas; recreation facilities; roads; underground mining.(5) What development is prohibited? Development is prohibited on land within this zone if it is not included in subclause (3) or (4).cll 20–22: Am 6.8.2004.
22 Zone 6 (c)—Private Open Space Zone
(1) What land is within Zone 6 (c)? Land is within Zone 6 (c) if it is shown coloured dark green on the map.(2) What are the zone objectives and what effect do they have? The objectives of this zone are:(a) to identify areas where private recreation facilities are or may be developed, and(b) to allow a limited range of other activities which will not detract significantly from the character of the locality or the amenity of any existing or proposed development in the locality.Except as otherwise provided by this plan, consent must not be granted for development on land within this zone unless the consent authority is of the opinion that carrying out the proposed development would promote one or more of the objectives of this zone.A further objective of this zone is to encourage a high quality standard of development which is aesthetically pleasing, functional and relates sympathetically to nearby and adjoining development.(3) What development may be carried out without consent? Development may be carried out on land within this zone without consent for the purpose of:drainage; utility installations.(4) What development may be carried out only with consent? Development may be carried out on land within this zone only with consent for the purpose of:clubs (including any land use ordinarily incidental or ancillary to clubs); recreation areas; recreation establishments; recreation facilities; refreshment rooms; roads; underground mining.(5) What development is prohibited? Development is prohibited on land within this zone if it is not included in subclause (3) or (4).cll 20–22: Am 6.8.2004.
23 Zone 7 (d1)—Environmental Protection 100 hectares Minimum Zone
(1) What land is within Zone 7 (d1)? Land is within Zone 7 (d1) if it is shown coloured orange on the map.(2) What are the zone objectives and what effect do they have? The objectives of this zone are:(a) to set aside certain land as a protected rural environment, and(b) to ensure that the land will retain a rural environment providing visual contrast to the urban area of the City of Campbelltown, and(c) to ensure that the inhabitants of the City of Campbelltown will continue to have views of, and access to, a rural environment, and(d) to maintain a stock of land that is capable of being developed for the purpose of providing recreation establishments and other land uses of the kind that require large areas of open space, and(e) to preserve existing farming and agricultural research activities.Except as otherwise provided by this plan, consent must not be granted for development on land within this zone unless the consent authority is of the opinion that carrying out the proposed development would be consistent with one or more of the objectives of this zone.A further objective of this zone is to encourage a high quality standard of development which is aesthetically pleasing, functional and relates sympathetically to nearby and adjoining development.(3) What development may be carried out without consent? Development may be carried out on land within this zone without consent for the purpose of:drainage; forestry; utility installations.(4) What development may be carried out only with consent? Development which is not included in subclause (3) or (5) may be carried out with consent on land within this zone.(5) What development is prohibited? Development is prohibited on land within this zone if it is for the purpose of:amusement centres; animal boarding or training establishments; auction premises; boarding-houses; bulky goods retailing; bus depots; caravan parks; child care centres; clubs; commercial premises; computer processing centres; dwellings (other than dwelling houses and dual occupancies (attached)); exhibition homes; extractive industries; heliports; hospitals; hotels; industrial machinery showrooms; industries (other than rural industries); institutions; intensive horticulture; intensive livestock keeping; junk yards; landscape supply establishments; liquor stores; motels; motor showrooms; motor vehicle body repair workshops; motor vehicle repair stations; motor vehicle spare parts and accessories outlets; places of assembly; plant hire; professional consulting rooms; public buildings; refreshment rooms (other than those within existing dwellings); recreation facilities (other than those carried out in the open); retail plant nurseries; roadside stalls; service stations; shops; storage establishments; transport terminals; veterinary establishments; warehouses.cll 23–26: Am 6.8.2004; 26.11.2004.
24 Zone 7 (d4)—Environmental Protection 2 hectares Minimum Zone
(1) What land is within Zone 7 (d4)? Land is within Zone 7 (d4) if it is shown coloured orange with red edging and lettered “7 (d4)” on the map.(2) What are the zone objectives and what effect do they have? The objectives of this zone are:(a) to identify and protect land and watercourses forming part of the Georges River catchment area, and(b) to conserve the rural character of the area by maintaining a minimum area of 2 hectares for lots used for rural living, and(c) to protect environmentally important land and watercourses possessing scenic, aesthetic, ecological or conservation value, and(d) to allow some diversity of development, but only where it is unlikely to have a detrimental effect on the quality and character of the locality or the amenity of any existing or proposed development in the locality.Except as otherwise provided by this plan, consent must not be granted for development on land within this zone unless the consent authority is of the opinion that carrying out the proposed development would be consistent with one or more of the objectives of this zone.A further objective of this zone is to encourage a high quality standard of development which is aesthetically pleasing, functional and relates sympathetically to nearby and adjoining development.(3) What development may be carried out without consent? Development may be carried out on land within this zone without consent for the purpose of:drainage; utility installations.(4) What development may be carried out only with consent? Development which is not included in subclause (3) or (5) may be carried out with consent on land within this zone.(5) What development is prohibited? Development is prohibited on land within this zone if it is for the purpose of:amusement centres; animal boarding or training establishments; auction premises; boarding-houses; bulky goods retailing; bus depots; caravan parks; clubs; commercial premises; computer processing centres; dwellings (other than dwelling houses and dual occupancies (attached)); educational establishments; exhibition homes; extractive industries; heliports; hospitals; hotels; industrial machinery showrooms; industries (other than those carried on in craft studios); institutions; intensive horticulture; intensive livestock keeping; junk yards; landscape supply establishments; liquor stores; motels; motor showrooms; motor vehicle body repair workshops; motor vehicle repair stations; motor vehicle spare parts and accessories outlets; places of assembly; plant hire; professional consulting rooms; public buildings; recreation establishments; recreation facilities; refreshment rooms; religious establishments; research establishments; retail plant nurseries; roadside stalls; service stations; shops; storage establishments; transport terminals; veterinary establishments; warehouses.cll 23–26: Am 6.8.2004; 26.11.2004.
25 Zone 7 (d5)—Environmental Protection 1 hectare Minimum Zone
(1) What land is within Zone 7 (d5)? Land is within Zone 7 (d5) if it is shown coloured orange with red edging and lettered “7 (d5)” on the map.(2) What are the zone objectives and what effect do they have? The objectives of this zone are:(a) to conserve the rural-residential character of the land by maintaining a minimum area of 1 hectare for lots used for rural-residential living, and(b) to protect environmentally important land and watercourses possessing scenic, aesthetic, ecological or conservation value, and(c) to allow some diversity of development, but only where it is unlikely to have a detrimental effect on the quality and character of the locality or the amenity of any existing or proposed development in the locality.Except as otherwise provided by this plan, consent must not be granted for development on land within this zone unless the consent authority is of the opinion that carrying out the proposed development would be consistent with one or more of the objectives of this zone.A further objective of this zone is to encourage a high quality standard of development which is aesthetically pleasing, functional and relates sympathetically to nearby and adjoining development.(3) What development may be carried out without consent? Development may be carried out on land within this zone without consent for the purpose of:drainage; utility installations.(4) What development may be carried out only with consent? Development which is not included in subclause (3) or (5) may be carried out with consent on land within this zone.(5) What development is prohibited? Development is prohibited on land within this zone if it is for the purpose of:amusement centres; animal boarding or training establishments; auction premises; boarding-houses; bulky goods retailing; bus depots; caravan parks; clubs; commercial premises; computer processing centres; dwellings (other than dwelling houses and dual occupancies (attached)); educational establishments; exhibition homes; extractive industries; heliports; hospitals; hotels; industrial machinery showrooms; industries (other than those carried on in craft studios); institutions; intensive horticulture; intensive livestock keeping; junk yards; landscape supply establishments; liquor stores; motels; motor showrooms; motor vehicle body repair workshops; motor vehicle repair stations; motor vehicle spare parts and accessories outlets; places of assembly; plant hire; professional consulting rooms; public buildings; recreation establishments; recreation facilities; refreshment rooms; religious establishments; research establishments; retail plant nurseries; roadside stalls; service stations; shops; storage establishments; transport terminals; veterinary establishments; warehouses.cll 23–26: Am 6.8.2004; 26.11.2004.
26 Zone 7 (d6)—Environmental Protection 0.4 hectare Minimum Zone
(1) What land is within Zone 7 (d6)? Land is within Zone 7 (d6) if it is shown coloured orange with red edging and lettered “7 (d6)” on the map.(2) What are the zone objectives and what effect do they have? The objectives of this zone are:(a) to permit intensive rural-residential living on land which can be provided with sewage reticulation (but, because of scenic quality or for other reasons, has not been zoned residential) by allowing a minimum lot size of 0.4 hectare, and(b) to allow some diversity of development, but only where it is unlikely to have a detrimental effect on the quality or character of the locality or the amenity of any existing or proposed development in the locality.Except as otherwise provided by this plan, consent must not be granted for development on land within this zone unless the consent authority is of the opinion that carrying out the proposed development would be consistent with one or more of the objectives of this zone.A further objective of this zone is to encourage a high quality standard of development which is aesthetically pleasing, functional and relates sympathetically to nearby and adjoining development.(3) What development may be carried out without consent? Development may be carried out on land within this zone without consent for the purpose of:drainage; utility installations.(4) What development may be carried out only with consent? Development which is not included in subclause (3) or (5) may be carried out with consent on land within this zone.(5) What development is prohibited? Development is prohibited on land within this zone if it is for the purpose of:amusement centres; animal boarding or training establishments; auction premises; boarding-houses; bulky goods retailing; bus depots; caravan parks; clubs; commercial premises; computer processing centres; dwellings (other than dwelling houses and dual occupancies (attached)); educational establishments; exhibition homes; extractive industries; heliports; hospitals; hotels; industrial machinery showrooms; industries (other than those carried on in craft studios); institutions; intensive horticulture; intensive livestock keeping; junk yards; landscape supply establishments; liquor stores; motels; motor showrooms; motor vehicle body repair workshops; motor vehicle repair stations; motor vehicle spare parts and accessories outlets; places of assembly; plant hire; professional consulting rooms; public buildings; recreation establishments; recreation facilities; refreshment rooms; religious establishments; research establishments; retail plant nurseries; roadside stalls; service stations; shops; storage establishments; transport terminals; veterinary establishments; warehouses.cll 23–26: Am 6.8.2004; 26.11.2004.
26A Zone 8 (b)—National Parks and Nature Reserves Zone
Note—Until such time as a Ministerial order is published under clause 64, this clause will not apply to any land.(1) What land is within Zone 8 (b)? Land is within Zone 8 (b) if it is marked “8 (b)” on the map.(2) What are the zone objectives? The objectives of this zone are:(a) to identify land that is or is to be reserved under the National Parks and Wildlife Act 1974, and(b) to permit development for a purpose authorised under that Act to be carried out on the land without consent.(3) What development may be carried out without consent? Development for any purpose authorised under the National Parks and Wildlife Act 1974 may be carried out on land within this zone without consent.(4) What development is prohibited? Development that is not included in subclause (3) is prohibited on land within this zone.cl 26A: Ins 2006 (140), Sch 1 [9].
27 Zone 9—Community Uses Zone
(1) What land is within Zone 9? Land is within Zone 9 if it is shown coloured brown on the map.(2) What is the zone objective and what effect does it have? The objective of this zone is to provide conveniently located land for a range of facilities that are of a domestic scale, compatible with residential development and serve the community.Except as otherwise provided by this plan, consent must not be granted for development on land within this zone unless the consent authority is of the opinion that carrying out the proposed development would be consistent with the objective of this zone.A further objective of this zone is to encourage a high quality standard of development which is aesthetically pleasing, functional and relates sympathetically to nearby and adjoining development.(3) What development may be carried out without consent? Development may be carried out on land within this zone without consent for the purpose of:drainage; utility installations.(4) What development may be carried out only with consent? Development which is not included in subclause (3) or (5) may be carried out with consent on land within this zone.(5) What development is prohibited? Development is prohibited on land within this zone if it is for the purpose of:amusement centres; auction premises; boarding-houses; bulky goods retailing; bus depots; caravan parks; commercial premises; computer processing centres; dwellings (other than conjoint dwellings); extractive industries; helipads; heliports; hospitals; hotels; industrial machinery showrooms; industries; junk yards; landscape supply establishments; liquor stores; motels; motor showrooms; motor vehicle body repair workshops; motor vehicle repair stations; motor vehicle spare parts and accessories outlets; plant hire; refreshment rooms; research establishments; retail plant nurseries; roadside stalls; service stations; shops; storage establishments; towing services; transport terminals; veterinary establishments; warehouses; wholesale plant nurseries.cll 27–30: Am 6.8.2004; 26.11.2004.
28 Zone 10 (a)—Regional Comprehensive Centre Zone
(1) What land is within Zone 10 (a)? Land is within Zone 10 (a) if it is shown coloured light blue and lettered “10 (a)” on the map.(2) What are the zone objectives and what effect do they have? The objectives of this zone are:(a) to provide land for the City of Campbelltown and the Macarthur region’s largest centre of commerce, and(b) to encourage employment and economic growth, and(c) to accommodate tertiary education and hospital facilities for the City of Campbelltown and the Macarthur region, and(d) to accommodate a wide range of cultural, entertainment and like facilities, and(e) to permit limited industrial uses that are compatible with the proper operation of a major regional centre, and(f) to encourage a variety of forms of higher density housing, including accommodation for older people and people with disabilities in locations which are accessible to public transport, employment, retail, commercial and service facilities.Except as otherwise provided by this plan, consent must not be granted for development on land within this zone unless the consent authority is of the opinion that carrying out the proposed development would be consistent with one or more of the objectives of this zone.A further objective of this zone is to encourage a high quality standard of development which is aesthetically pleasing, functional and relates sympathetically to nearby and adjoining development.(3) What development may be carried out without consent? Development may be carried out on land within this zone without consent for the purpose of:drainage; utility installations.(4) What development may be carried out only with consent? Development which is not included in subclause (3) or (5) may be carried out with consent on land within this zone.(5) What development is prohibited? Development is prohibited on land within this zone if it is for the purpose of:caravan parks; heliports; junk yards; motor vehicle body repair workshops; plant hire; storage establishments; towing services; warehouses.cll 27–30: Am 6.8.2004; 26.11.2004.
29 Zone 10 (b)—District Comprehensive Centre Zone
(1) What land is within Zone 10 (b)? Land is within Zone 10 (b) if it is shown coloured light blue and lettered “10 (b)” on the map.(2) What are the zone objectives and what effect do they have? The objectives of this zone are:(a) to provide space for a wide range of retail, commercial and like needs to serve the districts within the City of Campbelltown, and(b) to encourage employment and business activities in order to promote the economic well-being of the community, and(c) to accommodate a range of cultural, entertainment and like facilities for the benefit of the community, and(d) to permit limited industrial uses that are compatible with the proper operation of a commercial centre serving a district, and(e) to encourage a variety of forms of higher density housing, including accommodation for older people and people with disabilities, in locations which are accessible to public transport, employment, retail, commercial and service facilities.Except as otherwise provided by this plan, consent must not be granted for development on land within this zone unless the consent authority is of the opinion that carrying out the proposed development would be consistent with one or more of the objectives of this zone.A further objective of this zone is to encourage a high quality standard of development which is aesthetically pleasing, functional and relates sympathetically to nearby and adjoining development.(3) What development may be carried out without consent? Development may be carried out on land within this zone without consent for the purpose of:drainage; utility installations.(4) What development may be carried out only with consent? Development which is not included in subclause (3) or (5) may be carried out with consent on land within this zone.(5) What development is prohibited? Development is prohibited on land within this zone if it is for the purpose of:bus depots; caravan parks; helipads; heliports; hotels; industrial machinery showrooms; junk yards; motor vehicle body repair workshops; storage establishments; towing services; warehouses.cll 27–30: Am 6.8.2004; 26.11.2004.
30 Zone 10 (c)—Local Comprehensive Centre Zone
(1) What land is within Zone 10 (c)? Land is within Zone 10 (c) if it is shown coloured light blue and lettered “10 (c)” on the map.(2) What are the zone objectives and what effect do they have? The objectives of this zone are:(a) to provide conveniently located land for a range of shops, commercial premises and professional services that are of a domestic scale and compatible with residential development in order to serve the needs of local neighbourhoods, and(b) to provide opportunities for local employment, and(c) to accommodate a range of activities required in the locality, but which are not appropriate on land in Zone 2 (b), and(d) to encourage a variety of forms of higher density housing, including accommodation for older people and people with disabilities, in locations which are accessible to public transport, employment, retail, commercial and service facilities.Except as otherwise provided by this plan, consent must not be granted for development on land within this zone unless the consent authority is of the opinion that carrying out the proposed development would be consistent with one or more of the objectives of this zone.A further objective of this zone is to encourage a high quality standard of development which is aesthetically pleasing, functional and relates sympathetically to nearby and adjoining development.(3) What development may be carried out without consent? Development may be carried out on land within this zone without consent for the purpose of:drainage; utility installations.(4) What development may be carried out only with consent? Development which is not included in subclause (3) or (5) may be carried out with consent on land within this zone.(5) What development is prohibited? Development is prohibited on land within this zone if it is for the purpose of:auction premises; bus depots; caravan parks; clubs; computer processing centres; helipads; heliports; hotels; industrial machinery showrooms; industries; junk yards; motels; motor showrooms; motor vehicle body repair workshops; motor vehicle repair stations; motor vehicle spare parts and accessories outlets; plant hire; recreation establishments; research establishments; storage establishments; towing services; transport terminals; warehouses.cll 27–30: Am 6.8.2004; 26.11.2004.
Division 2 Outdoor advertising controls
31 Controls for outdoor advertising
(1) What are the objectives of this clause and what effect do they have? The objectives of this clause are to ensure that outdoor advertising:(a) conveys advertisers’ messages and images while complementing and conforming to both the development on which it is displayed and the character of the surrounding locality, and(b) does not adversely affect the locality in which it is located in terms of appearance, size, illumination, over-shadowing or in any other way, and(c) does not lead to visual clutter through the proliferation of signs.Consent must not be granted to the erection of an advertisement unless the consent authority is of the opinion that erection of the advertisement would be consistent with the objectives of this clause.(2) What outdoor advertisements do not require consent? The following advertisements may be erected without consent:(a) advertisements within a site which are not visible from outside that site (other than advertisements on a heritage item or on the site of a heritage item),(b) business identification signs (other than advertisements on a heritage item or the site of a heritage item),(c) real estate signs,(d) temporary signs,(e) directional signs,(f) public notices displayed by a public authority giving information or directions about the services provided,(g) signs behind the glass line of a shop window,(h) advertisements on motor vehicles used for the conveyance of goods or passengers,(i) advertisements on the playing surface or on the inside of a fence around the playing surface of a sporting facility displaying information about sponsors or products of sponsors of teams or organisations using the sporting facility.(3) What outdoor advertisements may be erected only with consent? The following advertisements may be erected only with consent:(a) subject to subclause (4), advertisements directing the travelling public to tourist facilities and places of scientific, historic or scenic interest,(b) advertisements that are not included in subclause (2) or (5).(4) What controls apply to advertisements relating to tourist facilities and places of scientific, historic or scenic interest? Consent must not be granted to the erection of an advertisement on any land for the specific purpose of directing the travelling public to tourist facilities and places of scientific, historic or scenic interest unless the consent authority is satisfied that:(a) the advertisement relates to a specific building or place, and(b) the principal purpose of the advertisement is to direct the travelling public to that building or place, and(c) the dimensions and overall size of the advertisement are not larger than would reasonably be required to so direct the travelling public.(5) What outdoor advertisements are prohibited? Outdoor advertisements are prohibited on land within Zone 1 (a), 1 (d), 6 (a), 6 (b), 7 (d1), 7 (d4), 7 (d5) or 7 (d6) other than:(a) those allowed without consent by subclause (2) or only with consent by subclause (3) (a), and(b) advertisements about sponsors or products of sponsors of teams or organisations using a sporting facility, if the advertisement is located within Zone 6 (a) or 6 (b).
Part 3 Special provisions
Division 1 General
32 Subdivision generally
(1) Land to which this plan applies may be subdivided only with development consent.(2) Consent must not be granted to the subdivision of land traversed by a zone boundary unless the boundaries of lots so created correspond generally with the boundaries between the zones as shown on the map.(3) Where the subdivision of land would result in the opening of a new road, the road must accord with any pattern of proposed roads indicated on the map unless the consent authority is satisfied that the road will provide adequate access to adjoining land and fulfils the objectives of the road pattern indicated on the map.
33 Subdivision in rural and environmental protection zones
(1) Consent must not be granted to the subdivision of land in a zone specified in the following Table unless the area of any lot created is equal to or greater than that shown opposite that zone in that Table.Table
Zone Lot 1 (a) 40 hectares 1 (d) 40 hectares 7 (d1) 100 hectares 7 (d4) 2 hectares 7 (d5) 1 hectare 7 (d6) 0.4 hectare(2) Despite subclause (1), consent may be granted to the subdivision of land in any of the zones specified in the Table so as to create lots with areas less than those set out in that Table if:(a) the consent authority is satisfied that the purpose of the subdivision is to create a lot or lots to be used for the purpose of a public utility undertaking or public reserve, or(b) the consent authority is satisfied that the purpose of the subdivision is to align the boundaries of those lots with the boundaries of a zone so specified.(3) For the purposes of subclause (2), an existing holding is the aggregation of all adjacent or adjoining lots or portions held in the same ownership at the relevant date shown in italics on the map for that zone or the part of that zone within which the existing holding is located.cl 33: Am 6.8.2004.
34 Dual occupancies in certain zones
(1) If two dwellings are situated on the same lot within Zone 2 (b):(a) the separate occupation of the lots illustrated by a proposed strata plan relating to the dwellings is prohibited, andunless the area of each lot that will be the subject of a separate title for a dwelling when the plan is registered is not less than 350 square metres.(b) subdivision of the land under the Conveyancing Act 1919 or the Community Land Development Act 1989 is prohibited,(2) If two dwellings are situated on the same lot or an existing holding within Zone 1 (a), 7 (d1), 7 (d4), 7 (d5) or 7 (d6):(a) the separate occupation of the lots illustrated by a proposed strata plan relating to the dwellings is prohibited, andunless the area of each lot that will be the subject of a separate title for a dwelling when the plan is registered is not less than the area for a lot in the zone shown in the Table in clause 33.(b) subdivision of the land under the Conveyancing Act 1919 or the Community Land Development Act 1989 is prohibited,
35 Erection of dwelling houses or dual occupancies in certain zones
(1) Consent must not be granted to the erection of a dwelling house or a dual occupancy (attached) on land within Zone 1 (a), 7 (d1), 7 (d4), 7 (d5) or 7 (d6) unless:(a) the area of the lot on which it is to be erected is equal to or greater than the area shown opposite that zone in the Table in clause 33, and(b) only one dwelling house or one dual occupancy (attached) is to be erected on the lot.(2) Despite subclause (1), consent may be granted to the erection of one dwelling house or one dual occupancy (attached) on land within Zone 7 (d4) if:(a) that land constituted the whole of an existing holding, or(b) the land is a lot created pursuant to clause 33 (2), but not a lot to be used for the purpose of a public utility undertaking or public reserve.(3) For the purposes of this clause, an existing holding is the aggregation of all adjacent or adjoining lots or portions held in the same ownership at the relevant date shown in italics on the map for the part of that zone within which the existing holding is located.
36 Agriculture, animal boarding or training establishments, intensive horticulture and intensive livestock keeping
The consent authority, when determining an application for consent to develop land for agriculture, intensive horticulture, intensive livestock keeping or animal boarding or training establishments must take into consideration the following matters:(a) the need to protect the quality of downstream watercourses,(b) the need to conserve native vegetation,(c) the need to protect environmentally sensitive land, such as riparian land, land containing an endangered species, population or ecological community or a vulnerable species within the meaning of the Threatened Species Conservation Act 1995,(d) the need to protect the amenity of the area from noise, spray drift, odour or any other potentially offensive consequences,(e) the need to limit the impact of development on flood liable land,(f) the cumulative impact of the use applied for and the use of the land for the keeping of livestock or the growing of produce intended solely for personal consumption or enjoyment by the owner or occupier of a dwelling on the land.
37 Setbacks within industrial areas
Consent must not be granted to development, other than the use of land for landscaping, for access roads and for off street parking, on any land within Zone 4 (a) or 4 (b) which is within:(a) 30 metres of the main southern railway line, the South Western Freeway, Ben Lomond Road between Pembroke Road and the Main Southern Railway Line, Campbelltown Road, Henderson Road, Pembroke Road, Rose Payten Drive or Williamson Road, or(b) 15 metres of Airds Road (but in respect of Lot 2 DP 605327, the 15 metres is to be measured from the alignment of Airds Road as existing prior to the dedication of the road widening shown on DP 605327), Badgally Road, Ben Lomond Road between Campbelltown Road and the Main Southern Railway Line, Blaxland Road between Campbelltown Road and Rose Street, the south eastern side of Blaxland Road between Rose Street and Lot 5 DP 538258, Blaxland Road between Lot 5 DP 538258 and Narellan Road, Devon Road, Grange Road, Plough Inn Road between Campbelltown Road and Hollylea Road, Sussex Street or Swaffham Road, or(c) 8 metres of the north western side of Blaxland Road between Rose Street and Lot 5 DP 538258, or(d) 10 metres from any other road.
38 Development near certain zone boundaries
(1) This clause applies to land that is within 50 metres of a boundary between any two of Zones 2 (b), 5 (a), 6 (a), 7 (d1) and 10 (c).(2) Subject to subclause (3), a subdivision of land to which this clause applies to facilitate the conversion of the land from a greenfield or rural state to urban and its subsequent development in accordance with the pattern of the subdivision may, with development consent, be carried out for any purpose for which development may be carried out in the adjoining zone on the other side of the boundary.(3) Consent must not be granted to the carrying out of development referred to in subclause (2) unless the consent authority is of the opinion that carrying out the proposed development is desirable due to planning, design, ownership, servicing or similar requirements relating to the optimum development of the land being converted to an urban use.
38A Development near Zone 5 (e)—Special Uses Public Purposes Corridor Zone
(1) The consent authority must not grant consent to development on land adjoining or adjacent to land within Zone 5 (e) unless the consent authority has taken into consideration the effect that the development is likely to have on the practicability and cost of future development of the public transport corridor within that zone.(2) Nothing in subclause (1) requires consent to be obtained for development on land adjoining or adjacent to land within Zone 5 (e) if the development may be carried out without consent under other provisions of this plan.(3), (4) (Repealed)cl 38A: Ins 2006 (140), Sch 1 [10]. Am 2008 (571), Sch 3.38 [1].
39 Earthworks and preservation of trees
(1) Land within the City of Campbelltown must not be cleared, filled or excavated otherwise than in accordance with a consent or an approval granted by the consent authority for any purpose, including:(a) the construction of a dam, and(b) the removal of trees or other vegetation, and(c) the removal of sand, soil or bush rock.(2) Consent must not be granted to the filling of land unless the consent authority is satisfied that:(a) the landfill is required for the reasonable economic use of the land or for the provision of any utility service, and(b) appropriate measures are proposed to ensure that there will be no adverse impact on any waterway or private or public property, and(c) the landfill will not adversely affect flow characteristics, flood behaviour or water quality or promote erosion, and(d) the landfill contains only virgin excavated natural material (such as clay, gravel, sand, soil or rock) that:(i) is not mixed with any other type of waste, and(ii) has been excavated from areas of land that are not contaminated with human-made chemicals as a result of industrial, commercial, mining or agricultural activities, and(iii) does not contain sulphidic ores or soils, and(e) in the case of proposals to fill any swamp or wetland, the ecological and nutrient trapping values of the site have been assessed.(3) A tree must not be cut down, lopped, ringbarked, injured or destroyed without development consent.(4) Subclause (3) does not apply to or in respect of:(a) the pruning of any tree for the purpose of its regeneration or ornamental shaping, or(b) the pruning or removal of any tree in accordance with an approval granted by the Council.(5) Nothing in this plan prevents the granting of consent for the removal of any tree that:(a) needs to be removed for the purpose of creating a fire protection zone to protect a dwelling house erected in accordance with a consent granted before the appointed day, or(b) is, in the opinion of the consent authority, a danger to any such dwelling house.
40 Suspension of covenants, agreements and similar instruments
(1) Subject to this plan, if any agreement, covenant or other similar instrument prohibits development allowed by this plan, then it will not apply to that development, to the extent necessary to allow that development.(2) Nothing in subclause (1) affects the rights or interests of any public authority under any registered instrument.(3) In accordance with section 28 of the Act, the Governor approved of subclauses (1) and (2) before this plan was made.
41 Demolition
A structure which may only be erected with development consent must not be demolished without development consent.
42 Restrictions on access to or from roads within Zones 5 (b) and 5 (c)
(1) A road or other means of access to an existing public road must not be opened without development consent.(2) Subject to subclause (3), development must not be carried out on land adjoining a road within Zone 5 (b) unless all vehicular access to the land from that road is by way of another road which is not in Zone 5 (b).(3) Where, except for this clause, development may be carried out on land adjoining a road within Zone 5 (b), the consent authority may allow permanent vehicular access to and from the development by that road if:(a) in the opinion of the consent authority, alternative access to the development is neither practicable nor provided by another existing road or a proposed road identified in a development control plan, and(b), (c) (Repealed)(4) Before granting a development application which makes provision for vehicular access to or from a road within Zone 5 (b) or 5 (c) the consent authority must take into consideration:(a) the treatment of the access and its location, and(b) the effect of opening the access on traffic flow and traffic safety on the road within Zone 5 (b) or 5 (c), and(c) (Repealed)cl 42: Am 2008 (571), Sch 3.38 [2].
42A Bushfire hazard
(1) In considering whether to grant consent to any development on land which, in the opinion of the consent authority, is likely to be affected by bushfire, the consent authority must take into account whether:(a) the development is likely to have a significant adverse effect on the implementation of any strategies for bushfire control and fuel management adopted by the Council, and(b) a significant threat to the lives of residents, visitors or emergency services personnel may be created or increased as a result of the development or the access arrangements to and from the development, and(c) the increased demand for emergency services during bushfire events created by the development would lead to a significant decrease in the ability of emergency services personnel to effectively control major bushfires, and(d) the measures adopted to avoid or mitigate the threat from bushfire, including siting of the development, design of structures and materials used, clearing of vegetation, Inner Protection Areas and Outer Protection Areas (within the meaning of Planning for Bush Fire Protection) and landscaping and fire control aids such as roads and water supplies, are inadequate for the locality or would result in unacceptable environmental impacts.(2) In considering the matters referred to in subclause (1), the consent authority must have regard to and, as much as possible, be satisfied that, the provisions of Planning for Bush Fire Protection have been met.(3) In this clause:Planning for Bush Fire Protection means the document titled Planning for Bush Fire Protection, ISBN 0 9751033 2 6, prepared by the NSW Rural Fire Service in co-operation with the Department of Planning, dated December 2006.cl 42A: Ins 28.2.2003. Am 2007 No 82, Sch 3.6 [1] [2].
42B Conservation of riparian corridors and remnant vegetation—Glenfield Road
Despite any other provisions of this plan, consent must not be granted to the carrying out of development on land within the area of land shown distinctly coloured on the map marked “Campbelltown (Urban Area) Local Environmental Plan 2002 (Amendment No 9)”, unless the consent authority is of the opinion that carrying out the proposed development would not compromise the establishment of continuous bushland/riparian corridor linkages on the area of land so shown.cl 42B: Ins 2005 (253), Sch 1 [1].
42C Minto Renewal Project
(1) This clause applies to certain land at Minto, as shown distinctively coloured, edged heavy black and lettered on Sheet 1 of the map marked “Campbelltown (Urban Area) Local Environmental Plan 2002 (Amendment No 14)”.(2) Despite any other provision of this plan, nothing restricts or prohibits the consent authority from granting consent to development of the land to which this clause applies for one or more of the following purposes:(a) bushfire fighting establishments,(b) bushfire hazard reduction,(c) car parking,(d) community facilities,(e) recreation areas,(f) recreation facilities,(g) roads,(h) underground mining.(3) Despite any other provision of this plan, nothing restricts or prohibits the consent authority from granting consent to development of the land to which this clause applies that is within Zone 2 (b) for the purpose of integrated housing development.(4) If 2 dwellings are situated on the same lot on land that is within Zone 2 (b) on the land to which this clause applies:(a) the separate occupation of the lots illustrated by a proposed strata plan relating to the dwellings is prohibited, andunless the area of each lot that will be the subject of a separate title for a dwelling when the plan is registered is not less than 300 square metres.(b) subdivision of the land under the Conveyancing Act 1919 is prohibited,(5) In this clause, integrated housing development means development that includes subdivision and that results in:(a) there being 3 or more dwellings, each on a separate lot, and(b) the average area of all those separate lots with dwellings is not less than 225 square metres.cl 42C: Ins 2006 (803), Sch 1 [1].
Division 1A Urban release areas
pt 3, div 1A (cll 42D–42J): Ins 2008 (172), Sch 1 [1].
42D Aims of Division
This Division aims:(a) to allow for future urban development and the conservation of ecological and riparian corridors and areas of visual significance on land in urban release areas, and(b) to require satisfactory arrangements to be made for the provision of designated State public infrastructure before the subdivision of such land to satisfy needs that arise from development on the land, but only if the land is developed intensively for urban purposes, and(c) to ensure that development on such land occurs in a logical and cost-effective manner, in accordance with a staging plan and only after a development control plan including specific controls has been prepared for the land.pt 3, div 1A (cll 42D–42J): Ins 2008 (172), Sch 1 [1].
42E Interpretation
In this Division:designated State public infrastructure means public facilities or services that are provided or financed by the State (or if provided or financed by the private sector, to the extent of any financial or in-kind contribution by the State) of the following kinds:(a) State and regional roads,(b) bus interchanges and bus lanes,(c) rail infrastructure and land,(d) land required for regional open space,(e) land required for social infrastructure and facilities (such as land for schools, hospitals, emergency services and justice purposes).public utility infrastructure includes infrastructure for any of the following purposes:(a) the supply of water,(b) the supply of electricity,(c) the disposal and management of sewage.urban release area means the land shown edged heavy black and hatched on the following maps:Campbelltown (Urban Area) Local Environmental Plan 2002 (Amendment No 15)—Sheet 3pt 3, div 1A (cll 42D–42J): Ins 2008 (172), Sch 1 [1].
42F Relationship between Division and remainder of plan
A provision of this Division prevails over any other provision of this plan, other than a provision of Division 2A of Part 3, to the extent of any inconsistency.pt 3, div 1A (cll 42D–42J): Ins 2008 (172), Sch 1 [1].
42G Application of Division
This Division applies to land in an urban release area, but does not apply:(a) to any such land if the whole or any part of it is in a special contributions area (as defined by section 93C of the Act), or(b) to any land to which Division 2A of Part 3 of this plan applies.pt 3, div 1A (cll 42D–42J): Ins 2008 (172), Sch 1 [1].
42H Arrangements for designated State public infrastructure
(1) 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.(2) Subclause (1) does not apply to:(a) any lot identified in the certificate as a residue lot, or(b) any lot that is proposed in the development application to be reserved or dedicated for public open space, public roads, public utilities, educational facilities, or any other public purpose, or(c) a subdivision for the purpose only of rectifying an encroachment on any existing allotment.(3) State Environmental Planning Policy No 1—Development Standards does not apply to development for the purposes of subdivision on land to which this clause applies.pt 3, div 1A (cll 42D–42J): Ins 2008 (172), Sch 1 [1].
42I 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 required.(2) This clause does not apply to development for the purpose of providing, extending, augmenting, maintaining or repairing any public utility infrastructure referred to in this clause.pt 3, div 1A (cll 42D–42J): Ins 2008 (172), Sch 1 [1].
42J Development control plan
(1) Development consent must not be granted for development on land in an urban release area unless a development control plan that provides for the matters specified in subclause (2) has been prepared for the land.(2) The development control plan must provide for all of the following:(a) a staging plan for the timely and efficient release of urban land making provision for necessary infrastructure and sequencing,(b) an overall transport movement hierarchy showing the major circulation routes and connections to achieve a simple and safe movement system for private vehicles, public transport, pedestrians and cyclists,(c) an overall landscaping strategy for the protection and enhancement of riparian areas and remnant vegetation, including visually prominent locations, and detailed landscaping requirements for both the public and private domain,(d) a network of passive and active recreational areas,(e) stormwater and water quality management controls,(f) amelioration of natural and environmental hazards, including bushfire, flooding and site contamination,(g) detailed urban design controls for significant development sites,(h) measures to encourage higher density living around transport, open space and service nodes,(i) measures to accommodate and control appropriate neighbourhood commercial and retail uses,(j) suitably located public facilities and services, including provision for appropriate traffic management facilities and parking.(3) Subclause (1) does not apply to any of the following development:(a) a subdivision for the purpose of a realignment of boundaries that does not create additional lots,(b) a subdivision of land if the lot that is proposed to be created is to be reserved or dedicated for public open space, public roads or any other public or environmental protection purpose,(c) a subdivision of land within a zone in which the erection of structures is prohibited,(d) proposed development on land that is of a minor nature only, if the consent authority is of the opinion that the carrying out of the proposed development would be consistent with the objectives of the zone in which the land is situated.pt 3, div 1A (cll 42D–42J): Ins 2008 (172), Sch 1 [1].
Division 2 Conservation of heritage items
43 Objectives
The objectives of this plan in relation to heritage are:(a) to conserve the environmental heritage of the City of Campbelltown, and(b) to conserve the heritage significance of existing significant fabric, relics, settings and views associated with the heritage significance of heritage items and heritage conservation areas, and(c) to ensure that archaeological sites and places of Aboriginal heritage significance are conserved, and(d) to allow for the protection of places which have the potential to have heritage significance but are not identified as heritage items, and(e) to ensure that the heritage conservation areas throughout the City of Campbelltown retain their heritage significance.
44 Protection of heritage items and heritage conservation areas
(1) When is consent required? The following development may be carried out only with development consent:(a) demolishing or moving a heritage item or a building, work, relic, tree or place within a heritage conservation area,(b) altering a heritage item or a building, work, relic, tree or place within a heritage conservation area by making structural or non-structural changes to its exterior, such as to its detail, fabric, finish or appearance,(c) altering a heritage item by making structural changes to its interior,(d) disturbing or excavating a place of Aboriginal heritage significance or an archaeological site while knowing, or having reasonable cause to suspect, that the disturbance or excavation will or is likely to result in a relic being discovered, exposed, moved, damaged or destroyed,(e) moving the whole or a part of a heritage item,(f) erecting a building on, or subdividing, land on which a heritage item is located or which is within a heritage conservation area.(2) What exceptions are there? Development consent is not required by this clause if:(a) in the opinion of the consent authority:(i) the proposed development is of a minor nature or consists of maintenance of the heritage item or of a building, work, archaeological site, tree or place within a heritage conservation area, and(ii) the proposed development would not adversely affect the significance of the heritage item or heritage conservation area, and(b) the proponent has notified the consent authority in writing of the proposed development and the consent authority has advised the applicant in writing before any work is carried out that it is satisfied that the proposed development will comply with this subclause and that development consent is not otherwise required by this plan.(3) Development consent is not required by this clause for the following development in a cemetery or burial ground if there will be no disturbance to human remains, to relics in the form of grave goods or to a place of Aboriginal heritage significance:(a) the creation of a new grave or monument,(b) an excavation or disturbance of land for the purpose of carrying out conservation or repair of monuments or grave markers.(4) What must be included in assessing a development application? Before granting a consent required by this clause, the consent authority must assess the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item or heritage conservation area concerned.(5) What extra documentation is needed? The assessment must include consideration of a heritage impact statement that addresses at least the following issues (but is not to be limited to assessment of those issues, if the heritage significance concerned involves other issues). The consent authority may also decline to grant such a consent until it has considered a conservation management plan, if it considers the development proposed should be assessed with regard to such a plan.(6) The minimum number of issues that must be addressed by the heritage impact statement are:(a) for development that would affect a heritage item:(i) the heritage significance of the item as part of the environmental heritage of the City of Campbelltown, and(ii) the impact that the proposed development will have on the heritage significance of the item and its setting, including any landscape or horticultural features, and(iii) the measures proposed to conserve the heritage significance of the item and its setting, and(iv) whether any archaeological site or potential archaeological site would be adversely affected by the proposed development, and(v) the extent to which the carrying out of the proposed development would affect the form of any historic subdivision, and(b) for development that would be carried out in a heritage conservation area:(i) the heritage significance of the heritage conservation area and the contribution which any building, work, relic, tree or place affected by the proposed development makes to this heritage significance, and(ii) the impact that the proposed development would have on the heritage significance of the heritage conservation area, and(iii) the compatibility of any proposed development with nearby original buildings and the character of the heritage conservation area, taking into account the size, form, scale, orientation, setbacks, materials and detailing of the proposed development, and(iv) the measures proposed to conserve the significance of the heritage conservation area and its setting, and(v) whether any landscape or horticultural features would be affected by the proposed development, and(vi) whether any archaeological site or potential archaeological site would be affected by the proposed development, and(vii) the extent to which the carrying out of the proposed development in accordance with the consent would affect any historic subdivision pattern, and(viii) the issues raised by any submission received in relation to the proposed development in response to the notification or advertising of the application.Note—The website of the Heritage Branch of the Department of Planning has publications that provide guidance on assessing the impact of proposed development on the heritage significance of items (for example, Statements of Heritage Impact).cl 44: Am 2008 (571), Sch 3.38 [3].
45 Advertised development
The following development is identified as advertised development:(a) the demolition of a heritage item or a building, work, tree or place in a heritage conservation area,(b) the carrying out of any development allowed by clause 50.
46 (Repealed)
cl 46: Rep 2008 (571), Sch 3.38 [4].
47 Development affecting places or sites of known or potential Aboriginal heritage significance
Before granting consent for development that is likely to have an impact on a place of Aboriginal heritage significance or a potential place of Aboriginal heritage significance, or that will be carried out on an archaeological site of a relic that has Aboriginal heritage significance, the consent authority must:(a) consider a heritage impact statement explaining how the proposed development would affect the conservation of the place or site and any relic known or reasonably likely to be located at the place or site, and(b) except where the proposed development is integrated development, notify the local Aboriginal communities (in such way as it thinks appropriate) of its intention to do so and take into consideration any comments received in response within 21 days after the relevant notice is sent.cl 47: Am 2008 (571), Sch 3.38 [5] [6].
48 Development affecting known or potential archaeological sites of relics of non-Aboriginal heritage significance
(1) Before granting consent for development that will be carried out on an archaeological site or a potential archaeological site of a relic that has non-Aboriginal heritage significance (whether or not it is, or has the potential to be, also the site of a relic of Aboriginal heritage significance), the consent authority must:(a) consider a heritage impact statement explaining how the proposed development will affect the conservation of the site and any relic known or reasonably likely to be located at the site, and(b) be satisfied that any necessary excavation permit required by the Heritage Act 1977 has been granted.(2) This clause does not apply if the proposed development:(a) does not involve disturbance of below-ground deposits and the consent authority is of the opinion that the heritage significance of any above-ground relics would not be adversely affected by the proposed development, or(b) is integrated development.cl 48: Am 2008 (571), Sch 3.38 [7].
49 Development in the vicinity of a heritage item
(1) Before granting consent to development in the vicinity of a heritage item, the consent authority must assess the impact of the proposed development on the heritage significance of the heritage item and of any heritage conservation area within which it is situated.(2) This clause extends to development:(a) that may have an impact on the setting of a heritage item, for example, by affecting a significant view to or from the item or by overshadowing, or(b) that may undermine or otherwise cause physical damage to a heritage item, or(c) that will otherwise have any adverse impact on the heritage significance of a heritage item or of any heritage conservation area within which it is situated.(3) The consent authority may refuse to grant any such consent unless it has considered a heritage impact statement that will help it assess the impact of the proposed development on the heritage significance, visual curtilage and setting of the heritage item.(4) The heritage impact statement should include details of the size, shape and scale of, setbacks for, and the materials to be used in, any proposed buildings or works and details of any modification that would reduce the impact of the proposed development on the heritage significance of the heritage item.
50 Conservation incentives
The consent authority may grant consent to the use for any purpose of a building that is a heritage item, or of the land on which such a building is erected, even though the use would otherwise not be allowed by this plan, if:(a) it is satisfied that the retention of the heritage item depends on the granting of consent, and(b) the proposed use is in accordance with a conservation management plan which has been endorsed by the consent authority, and(c) the granting of consent to the proposed use would ensure that all necessary conservation work identified in the conservation management plan is carried out, and(d) the proposed use would not adversely affect the heritage significance of the heritage item or its setting, and(e) the proposed use would not adversely affect the amenity of the surrounding area otherwise than to an insignificant extent.
51 Development in heritage conservation areas
(1) Before granting consent for the erection of a building within a heritage conservation area, the consent authority must be satisfied that the features of the proposed building will be compatible with the heritage significance of the heritage conservation area, having regard to the form of, and materials used in, buildings that contribute to the heritage significance of the heritage conservation area.(2) In satisfying itself about those features, the consent authority must have regard to at least the following (but is not to be limited to having regard to those features):(a) the pitch and form of the roof (if any),(b) the style, size, proportion and position of the openings for windows or doors (if any),(c) the colour, texture, style, size and type of finish of the materials to be used on the exterior of the building.(3) Consent must not be granted to development on a site within the Queen Street Historic Precinct—Heritage Conservation Area unless the proposed development is consistent with the provisions of Development Control Plan No 27—Queen Street Historic Precinct.
Division 2A Edmondson Park Urban Release Area Precinct
pt 3, div 2A (cll 51A–51N): Ins 2006 (140), Sch 1 [11].
51A Meaning of “locality”
A reference in this Division to land within a particular locality is a reference to land that is within an area shown edged heavy black and designated as that locality on Sheet 3 of the map marked “Campbelltown (Urban Area) Local Environmental Plan 2002 (Amendment No 12)”.pt 3, div 2A (cll 51A–51N): Ins 2006 (140), Sch 1 [11].
51B Objectives of this Division
The objectives of this Division are as follows:(a) to adopt and promote measures for the development of land within the Edmondson Park Urban Release Area Precinct to provide for the location of appropriate land uses, supported by social and physical infrastructure,(b) to ensure that water sensitive urban design solutions are incorporated into development of the Edmondson Park Urban Release Area Precinct that minimise the impacts of development on the natural water cycle and consider the management of the total water cycle, including solutions that:(i) protect and improve waterways as natural systems, and(ii) prevent increased flooding risk, and(iii) improve water quality and quantity, and reduce the frequency of stormwater run-off from urban development, and(iv) conserve water and reduce the demand on potable water supply through the provision of recycled water, and(v) integrate stormwater outcomes with flooding and riparian functions,(c) to ensure that development within the Edmondson Park Urban Release Area Precinct is carried out in appropriate sequence and is supported by physical and social infrastructure, the need for which is generated by that development.pt 3, div 2A (cll 51A–51N): Ins 2006 (140), Sch 1 [11].
51C Matters for consideration
The consent authority must not grant consent to any development within a locality in the Edmondson Park Urban Release Area Precinct unless the consent authority has considered the following:(a) the objectives of this Division set out in clause 51B,(b) the objectives for development within the Precinct set out in clause 51D,(c) the guiding principles for development within the Precinct set out in clause 51E.pt 3, div 2A (cll 51A–51N): Ins 2006 (140), Sch 1 [11].
51D Objectives for development
The objectives for development within the Edmondson Park Urban Release Area Precinct are as follows:(a) in relation to accessibility:(i) to integrate future transport opportunities into the planning process, and(ii) to ensure roads, pedestrian pathways and cycleways link into and between residential areas, employment areas, and civic and cultural facilities, and(iii) to accommodate people with disabilities throughout the Precinct,(b) in relation to the natural environment:(i) to conserve and enhance the biodiversity of the Precinct through the management of areas of conservation significance and riparian corridors and the retention of remnant native vegetation within residential and business zones, and(ii) to incorporate areas of vegetation conservation and existing creeks into the riparian corridor, and open space networks, within the Precinct, and(iii) to minimise pollution by encouraging a reduction in the use of private automobiles, and(iv) to incorporate water sensitive urban design solutions and provide opportunities for a reduction in water consumption and best practice management of stormwater run-off, and(v) to minimise disturbance to natural hydrological systems as a result of development and minimise, or appropriately manage, development causing or increasing soil salinity, and(vi) to minimise any impact on occupants in the locality of potential noise sources through quality design and the appropriate location of uses, and(vii) to minimise potable water consumption by providing recycled water to the Precinct,(c) in relation to the built environment:(i) to respond to the physical, cultural and urban heritage of the Precinct through planning and design that responds to landform, remnant vegetation, riparian corridors, soil salinity, climate and patterns of land use, and(ii) to create compact urban centres, including a town centre and village, that are surrounded by residential development offering a variety of housing choices at a sustainable density, and(iii) to ensure proposed development relates to regional access routes, proposed public transport routes, local road network and the open space network, and(iv) to provide an interconnected local road network that provides easy access into and between residential areas and the town centre, villages and the open space network, and(v) to provide a clear interconnected pedestrian pathway and cycleway system, linking the town centre, villages, residential areas and the open space network, and(vi) to provide an integrated open space system, and(vii) to ensure adequate provision for, and design of, key public places and spaces, and(viii) to ensure all buildings are designed with the amenity of the occupant in mind, including ensuring adequate solar access, cross-ventilation and access to views, and appropriate house and apartment sizes, and(ix) to conserve resources, including land, energy in the construction and use of buildings, remnant native vegetation, water and soils, and(x) to ensure that land is used and developed in a manner that does not significantly increase water infiltration to groundwater systems, and does not significantly increase salt loads in waterways, wetlands or soils, and(xi) to ensure that any off-site impacts of development on groundwater and soil salinity are recognised and assessed, and(xii) to ensure that any potential risk to human health or the environment arising from any contamination of land is recognised and that suitable measures are adopted to address that risk,(d) in relation to social and cultural issues:(i) to facilitate the provision of a diverse range of housing types, and of retail, civic and cultural facilities, and to ensure that these are strategically located throughout the Precinct, and(ii) to ensure the provision of places for a range of recreational activities and facilities that will accommodate structured and unstructured activities, and(iii) to provide transport choice by enabling the provision of public transport infrastructure,(e) in relation to the economy:(i) to encourage the provision of employment opportunities for a wide range of age and socio-economic groups, and(ii) to ensure appropriate physical and social infrastructure is provided as land is developed to meet the needs of the incoming population, and(iii) to encourage the provision of affordable housing, and(iv) to ensure the efficient use of land and available infrastructure, and(v) to ensure that consideration is given to any physical limitations of land, including soil salinity and the impacts of that salinity, to minimise the potential for future adverse economic impacts arising from development.pt 3, div 2A (cll 51A–51N): Ins 2006 (140), Sch 1 [11].
51E Guiding principles for development
(1) The guiding principles for development within the Edmondson Park Urban Release Area Precinct are as set out in this clause.(2) Construction sites Construction sites will not unreasonably impact on the amenity of surrounding land, pedestrian or road safety, or the natural environment. In particular:(a) adequate areas will be allocated for the handling and storage of construction materials, which will be safe and will not interfere with pedestrian or traffic movement, and(b) the timing, frequency, and routes of construction vehicle movements will be safe and will minimise adverse impacts on roads, pedestrian and traffic movement and surrounding residents, and(c) construction waste will be minimised, legally handled, transported and disposed of, and(d) dedicated safe pedestrian access will, at all times, be provided around each construction site, and(e) construction sites will be managed to ensure air and water borne pollutants, such as noise, dust, odour and liquids, are minimised.(3) Noise Development will not result in noise emission that will unreasonably diminish the amenity of the locality and will not result in noise intrusion that would be unreasonable to the occupants of the locality. In particular:(a) noise emissions will not exceed the background noise level (LA 90) by more that 5 dB(A) when measured at the receiving boundary of residential and other noise-sensitive land uses, and(b) buildings near existing noise-generating activities (such as industry) and areas (such as roads) will be designed to mitigate the adverse impacts of that noise on users or occupiers of those buildings.(4) Pollutants No development will be carried out that would result in the emission of atmospheric pollutants (including odours), or liquid or other pollutants, that would unreasonably diminish the amenity of adjacent properties, the locality or waterways.(5) Salinity and water pollution Development will be designed and carried out so as not to cause or increase the salinity of soil, surface water or groundwater or cause any water pollution. In particular:(a) measures will be adopted to minimise erosion and sediment loss before, during and after any construction work, and(b) water pollution arising from any erosion, siltation and sedimentation will be minimised.(6) Hazardous uses Development will not pose a significant risk to:(a) human health, life or property, or(b) the biophysical environment.(7) Radiation emission levels Development on land near mobile phone base stations, antennas and transmitters that emit electromagnetic radiation will be carried out on sites and designed to mitigate any adverse impacts of that radiation on users or occupiers of the land.Development for the purposes of mobile phone base stations, antennas and transmitters that emit electromagnetic radiation will be carried out on sites and designed to mitigate any adverse impacts of that radiation on the users or occupiers of adjoining land.(8) Safety and security Development will not detract from and, where possible, will enhance the safety and security of persons within the locality. In particular:(a) buildings will overlook streets as well as public and communal places to allow casual surveillance, and(b) service areas and access ways will be either secured or allow casual surveillance, and(c) there will be adequate lighting of entrances and pedestrian areas, and(d) after-hours land uses will take place along primary pedestrian routes, and(e) public toilets, telephones and other public facilities will be located so as to give users direct access to them and will be clearly visible from well-trafficked public spaces, and(f) entrances to buildings will be from public streets wherever possible, and(g) buildings and structures will be robust and durable to discourage vandalism.(9) Development near parks, bushland reserves and other public open spaces Development adjacent to parks, bushland reserves and other public open spaces, including land reserved for public open space, will complement the landscape character and public use and enjoyment of that land. In carrying out development adjacent to bushland, measures will be adopted to mitigate or control the erosion of soils, the siltation of streams and waterways and the spread of weeds and exotic plants within those reserves that arise directly or indirectly from the development. In particular:(a) where appropriate, the frontages of housing will face public open spaces, and(b) public access to public open spaces will be maximised, and(c) buildings will be located to provide an outlook to public open spaces, without appearing to privatise that space, and(d) there will be a visual transition between open space and buildings, which will be achieved by, among other things, avoiding the abutting of public open spaces by back fences, and(e) views to public open spaces from adjoining land and other public places will be maximised, and(f) if public open space or land reserved for public open space contains bushland, development on that land will be designed and carried out so as to not threaten the protection or preservation of the bushland, and(g) in the carrying out of development adjacent to any bushland, measures will be adopted to mitigate or control the erosion of soils, the siltation of streams and waterways, alteration of the natural surface water and groundwater characteristics and the spread of weeds and exotic plants within the bushland.(10) Signs The number, size, shape and placement of signs will be limited to the extent necessary to:(a) allow the reasonable identification of the land use, business, activity or building to which the sign relates, and(b) ensure that the sign is compatible with the design, scale and architectural character of the building or site upon which it is to be placed, and(c) ensure that the sign does not dominate or obscure other signs or result in visual clutter, and(d) ensure that the sign does not endanger the public or diminish the amenity of nearby properties.(11) Provision and location of utility services With the exception of reservoirs, utility services, including service structures, plant and equipment, will be located below ground or be designed to be an integral part of the development and suitably screened from public places or streets. Where possible, underground utility services will be provided in a common trench.(12) Retaining unique environmental features on sites, including archeological sites and places of Aboriginal heritage significance Development will be designed to retain and complement any unique environmental features of its site, or of adjoining or nearby land. In particular:(a) development will be designed to incorporate or be sympathetic to environmental features, such as rock outcrops, remnant bushland and watercourses, and(b) in the case of development involving any ground disturbance or the removal of any trees—consideration should be given to whether it falls within the description of development set out in clause 44 (1) (d).Note—Clause 44 (1) (d) refers to development comprising the disturbance or excavation of a place of Aboriginal heritage significance or an archaeological site while knowing or having reasonable cause to suspect, that the disturbance or excavation will or is likely to result in a relic being discovered, exposed, moved, damaged or destroyed. Under clause 44, such development generally requires consent and, where it does, certain controls apply.pt 3, div 2A (cll 51A–51N): Ins 2006 (140), Sch 1 [11].
51F Locality development control plans
(1) Despite any other provisions of this plan (other than clause 51G), the consent authority must not grant consent to development on land within locality CA, CC, CD, CE or CF unless the consent authority has:(a) made a development control plan for the locality that contains the matters provided for by this clause, and(b) taken the development control plan into consideration.(2) The consent authority may waive the requirement under subclause (1) for a development control plan to be made and considered before granting consent to development on land within the locality if it is satisfied:(a) that the proposed development is of a minor nature only and is ancillary to the existing use of the land, or(b) that adequate guidelines and controls applying to the land are already in place, or(c) that the proposed development is for the purpose of drainage.(3) A development control plan for a locality is to outline the development of all the land to which it applies. In particular, such a plan is:(a) in the opinion of the consent authority, to reflect the objectives for the Edmondson Park Urban Release Area Precinct set out in clause 51D, and(b) to assess the impact of development within the locality on adjoining localities within the Edmondson Park Urban Release Area Precinct, including on existing or future development within those localities (as detailed in any development control plans for those localities), and(c) to detail proposed stages of development within the locality and identify any infrastructure that is proposed to be provided at, and in connection with, each stage, and(d) to discuss and contain diagrams showing the following matters in relation to proposed subdivision of land within the locality:(i) indicative subdivision patterns for land within the locality,(ii) a proposed road layout and circulation network within the locality, being a road layout and circulation network that, in the opinion of the consent authority, has been designed with regard to drainage constraints and topography,(iii) detailed cross-sections of proposed roads, including proposed verge widths and treatments, and(e) to contain proposals for the erection of dwellings at a density that would not result in the consent authority being unable to grant consent as a result of clause 51H, and(f) to contain proposals that, in the opinion of the consent authority:(i) would ensure that natural water cycle systems are supported and integrated into proposed development, and(ii) reflect best practice for stormwater quality and quantity control and associated uses, and(g) to contain a detailed plan for water cycle management that illustrates and explains how all staged works can be integrated into a final drainage design (as described in the development control plan) for the Edmondson Park Urban Release Area Precinct, including detailed proposals for the provision and decommissioning of any temporary drainage arrangements, and(h) to contain a financial model explaining the staging of development and corresponding provision of infrastructure that identifies the following:(i) infrastructure proposed to be provided by the developer and infrastructure proposed to be provided by the Council,(ii) any financial limitations or impediments to the delivery of infrastructure,(iii) any proposed strategies to overcome these limitations or impediments.pt 3, div 2A (cll 51A–51N): Ins 2006 (140), Sch 1 [11].
51G Development on land across or adjoining locality boundaries
(1) This clause applies to land in a relevant lot that is in two localities within the Edmondson Park Urban Release Area Precinct if a development control plan for one of those localities has been made, and a development control plan for the other locality has not been made, under clause 51F.(2) This clause also applies to land in a relevant lot that:(a) is within a locality for which a development control plan has not been made under clause 51F, and(b) adjoins another locality for which a development control plan has been made under that clause.(3) Despite clause 51F, the consent authority may consent to development on land to which this clause applies if the consent authority is satisfied that:(a) the proposed development is consistent with the general objectives of this plan, and(b) the carrying out of the proposed development is appropriate in terms of servicing and achieves the optimum balanced development of the land, and(c) the development control plan that has been made under clause 51F for one of the localities concerned:(i) in the case of land referred to in subclause (1)—proposes that development be carried out on the part of the land that is not within that locality, and(ii) in the case of land referred to in subclause (2)—proposes that development be carried out on the land, and(d) the development is proposed to be integrated and carried out in conjunction with the development of land in the locality for which the development control plan has been made, including the part of the lot that is within the locality in the case of land referred to in subclause (1), and(e) the proposed development is consistent with the proposals for development contained in the development control plan (particularly, the proposed subdivision patterns and roads, plan for water cycle management and character of development described in the development control plan), and(f) appropriate arrangements have been made for the collection, treatment and discharge of stormwater from the land.(4) In this clause:relevant lot means a lot that was lawfully created and in existence immediately before the commencement of Campbelltown (Urban Area) Local Environmental Plan 2002 (Amendment No 12).pt 3, div 2A (cll 51A–51N): Ins 2006 (140), Sch 1 [11].
51H Density controls
(1) The consent authority must not grant consent to the erection of dwellings on land within the Edmondson Park Urban Release Area Precinct unless the net site density applying in relation to the proposed dwellings on the land is not less than the prescribed net site density applying in relation to the land.(2) The consent authority must not grant consent to the subdivision of land within the Edmondson Park Urban Release Area Precinct unless the consent authority is of the opinion that the proposal is not inconsistent with the prescribed net site density applying in relation to the land.(3) Despite subclause (1), the consent authority may consent to the erection of dwellings on land within Zone 2 (c), 3 (a) or 3 (c) even though the net site density applying in relation to the proposed dwellings is less than the prescribed net site density if:(a) the proposed net site density is not less than the prescribed net site density (if any) that would apply if the boundary of the land was located 60 metres away in at least one direction, and(b) the consent authority is satisfied that the proposed density is required:(i) to incorporate an efficient road layout in connection with the proposed development, or(ii) to achieve the optimum development of the land in a planning and urban design sense.(4) State Environmental Planning Policy No 1—Development Standards does not apply in relation to any prescribed net site density.(5) In this clause:net site density, in relation to dwellings, means the ratio that the number of dwellings concerned bears to the area occupied by those dwellings, excluding any public roads, open space or drainage corridors.prescribed net site density, in relation to land, means the minimum net site density applying in relation to dwellings on the land, as identified on Sheet 2 of the map marked “Campbelltown (Urban Area) Local Environmental Plan 2002 (Amendment No 12)”.pt 3, div 2A (cll 51A–51N): Ins 2006 (140), Sch 1 [11].
51I Certain subdivisions and regional transport infrastructure
(1) This clause applies to land that is within the Edmondson Park Urban Release Area Precinct and Zone 2 (c), 3 (a) or 3 (c).(2) The consent authority must not consent to the subdivision of land to which this clause applies that will create a lot with an area of less than 40 hectares unless the Director-General has certified in writing to the consent authority that satisfactory arrangements have been made for contributions to the provision of regional transport infrastructure and services in relation to the land comprising that lot.(3) The object of contributions referred to in subclause (2) is to require assistance towards the provision of regional transport infrastructure and services to satisfy needs that will arise from intensive urban development of land to which this clause applies.(4) The reference in subclause (2) to a lot of less than 40 hectares does not include a reference to any such lot that is:(a) identified in the certificate of the Director-General as a residue lot, or(b) proposed in the development application to be reserved or dedicated for public open space, public roads, public utilities, educational facilities or any other public purpose.(5) This clause does not apply to a subdivision of land for the purpose of rectifying an encroachment on any existing allotment.(6) State Environmental Planning Policy No 1—Development Standards does not apply to development to which this clause applies.(7) This clause has effect despite any other provisions of this plan.pt 3, div 2A (cll 51A–51N): Ins 2006 (140), Sch 1 [11].
51J Vehicle access to development adjoining Campbelltown Road or Macdonald Road
(1) The consent authority must not grant consent to development on land within the Edmondson Park Urban Release Area Precinct adjoining Campbelltown Road or Macdonald Road unless vehicular access to the land from that road is by way of another road (not being the road reserve for that road or a State road).(2) Despite subclause (1), the consent authority may consent to permanent vehicular access to Campbelltown Road or Macdonald Road if, in the opinion of the consent authority, alternative access to the development is neither practicable, nor provided, by another road.pt 3, div 2A (cll 51A–51N): Ins 2006 (140), Sch 1 [11].
51K Vehicle access to development adjoining the M5 Motorway
The consent authority must not grant consent to development on land adjoining the M5 Motorway that is within the Edmondson Park Urban Release Area Precinct and Zone 6 (c) unless vehicular access to the land from that road is by way of another road.pt 3, div 2A (cll 51A–51N): Ins 2006 (140), Sch 1 [11].
51L Noise and vibration attenuation—residential development near arterial road, transitway or rail corridor
The consent authority must not grant consent to the carrying out of residential development within the Edmondson Park Urban Release Area Precinct that is within 100 metres of an arterial road, transitway or rail corridor unless it has considered an assessment of the effects on the development of noise and vibration from the road, transitway or corridor and is satisfied that appropriate measures to minimise any such effects will be incorporated in any such development.pt 3, div 2A (cll 51A–51N): Ins 2006 (140), Sch 1 [11].
51M Ingleburn Gardens
(1) This clause applies to Lot 100 or 101, DP 1060693, Campbelltown Road, Glenfield.(2) Clauses 51F, 51G, 51H and 51I do not apply to land to which this clause applies.(3) The consent authority must not consent to development on land to which this clause applies unless it has considered Edmondson Park Smart Growth Development Control Plan—Locality CB (as adopted by the Council on 16 November 2004).pt 3, div 2A (cll 51A–51N): Ins 2006 (140), Sch 1 [11].
51N General stores—Zone 2 (c)
(1) Despite any other provision of this plan, development for the purpose of a general store may be carried out with consent on land that is within the Edmondson Park Urban Release Area Precinct and Zone 2 (c).(2) In this clause:general store means a shop used for selling general merchandise by retail that has a floor area of no more than 50 square metres.pt 3, div 2A (cll 51A–51N): Ins 2006 (140), Sch 1 [11].
Division 3 Miscellaneous provisions
52 Acquisition of certain land
Note—Nothing in this clause is to be construed as requiring a public authority to acquire land—see section 27 (3) of the Act.(1) The owner of any land within Zone 5 (a), 5 (b), 5 (c), 5 (d), 5 (e), 6 (a) or 6 (b) may, by notice in writing, require:(a) in the case of land within Zone 5 (a), the public authority which has responsibility for the land use for the purpose of which the land is zoned, and(b) in the case of land within Zone 5 (b):(i) where that land is included in the five-year works program of the Roads and Traffic Authority current at the time of receipt of the notice, the Roads and Traffic Authority, or(ii) in any other case, the corporation, and(c) in the case of land within Zone 5 (c), 5 (d) or 6 (a), the Council,as the public authority having responsibility for acquisition of the land, to acquire the land.(d) in the case of land within Zone 5 (e) or 6 (b), the corporation,(2) On receipt of a notice referred to in subclause (1), the public authority concerned must acquire the land.(3) Until the land referred to in subclause (1) is acquired by the public authority concerned, development may be carried out for any purpose on that land with development consent.(4) In determining whether to grant consent under subclause (3), the consent authority must take the following into consideration:(a) the effect of the proposed development on acquisition costs,(b) the imminence of acquisition,(c) the cost of reinstating the land for the purpose for which the land is zoned,(d) in the case of land within Zone 5 (b), the need to carry out development on the land for the purpose of classified roads or proposed classified roads, within the meaning of the Roads Act 1993.(5) In granting a consent referred to in subclause (3), the consent authority may impose conditions requiring:(a) the removal of the building or work for which it has granted consent, and(b) the reinstatement of the land or removal of any waste materials or refuse, and(c) compliance with any other condition required by the consent authority.(6) (Repealed)(7) Nothing in this clause requires the public authority concerned to acquire land during the currency of a consent obtained under subclause (3).(8) Nothing in this clause requires the Council to acquire land within Zone 5 (a), 5 (c), 5 (d) or 6 (a) where such land may be required to be provided, without cost to the Council, as a condition of consent for development of land in the same ownership.cl 52: Am 2008 (571), Sch 3.38 [8] [9].
53 Development within Zone 5 (e)
(1) When determining any application for consent for development of land within Zone 5 (e), the consent authority must consider whether or not the proposed development would conflict with:(a) the purposes for which the zone was created and for which the land within it is to be acquired, and(b) any existing development outside the zone or land in the vicinity, and(c) the maintenance and improvement of the quality of the landscape in the zone, and(d) any plan of management adopted by the Director-General of the Department of Urban Affairs and Planning and the Council.(2) Consent must not be granted to any development of land within Zone 5 (e) unless the consent authority is satisfied that, if any development being carried out needs to be altered or terminated (or any structure erected as a consequence of the consent needs to be altered or removed) in order to make way for the construction of a major infrastructure project, the development will be altered or terminated (or the structure will be altered or removed) on the giving of appropriate notice by the corporation.(3) For the purposes of this clause, major infrastructure project means a high voltage power line, a road, a public transport corridor or any other public utility installation which traverses the length or part of the length of the corridor of land within Zone 5 (e).cl 53: Am 2006 (140), Sch 1 [12].
54 Development within Zone 6 (a)
Consent must not be granted to the carrying out of development on land within Zone 6 (a), being land owned or controlled or proposed to be owned or controlled by the Council, unless the consent authority has considered:(a) the need for the proposed development of the land, and(b) the impact of the proposed development on the existing or likely future use of the land, and(c) the need to retain the land for its existing or likely future use.
55 Community use of school facilities or sites
(1) Where land to which this plan applies is used for the purposes of a school, the site and facilities of the school may, with development consent, be used for the purpose of religious establishments, meeting rooms, public halls, public libraries, entertainment, sport or recreation or for any other community purpose, whether or not any such use is a commercial use of the land.(2) Nothing in this clause requires development consent to be granted for the carrying out of development on any land if that development could, but for this clause, be carried out on that land without development consent.
56 Development on closed roads and pathways
(1) This clause applies to public roads other than those within Zone 5 (b), 5 (c) or 5 (d).(2) Development must not be carried out without development consent on a public road or pathway, or any part of a road or pathway, that is lawfully closed.(3) Such a consent must not be granted if it would allow development that may not be carried out (either with or without consent) on land adjoining that road or pathway.
57 Development of railway sidings
Nothing in this plan prohibits the construction and use of any railway siding designed to serve land within Zone 4 (a).
58 Development by the Crown and public authorities
Nothing in this plan restricts or prohibits or enables the consent authority to restrict or prohibit:(a) the carrying out of any development by the Council or the Roads and Traffic Authority required in connection with the construction, reconstruction, improvement, maintenance or repair of any road, except the widening, realignment or relocation of any road, or(b) the carrying out or causing to be carried out by the Council engaged in flood mitigation works or by the Department of Land and Water Conservation of any work for the purposes of soil conservation, irrigation, afforestation, reafforestation, flood mitigation, water conservation or river improvement in pursuance of the provisions of the Water Management Act 2000 or the Farm Water Supplies Act 1946, except:(i) the erection of buildings, the installation or erection of plant or other structures or erections or the reconstruction or alteration of buildings so as materially to affect their design or external appearance, or(ii) the formation or alteration of any means of access to a road, or(c) the use of existing buildings of the Crown by the Crown.
59 Development for certain additional purposes
(1) Nothing in this plan prevents development from being carried out, with development consent, on land referred to in Schedule 2 if it is specified in relation to the land in that Schedule, subject to such conditions, if any, as are so specified.(2) Development on land referred to in Schedule 2 remains subject to such other provisions of this plan as are not inconsistent with subclause (1) or with a consent granted for that development.
60 Restricted development, Henderson Road, Ingleburn
(1) This clause applies Lot 11, DP 840849, Henderson Road, Ingleburn.(2) Despite any other provision of this plan, consent must not be granted at any time before 1 March 2007 to development, other than development for the purposes of the design, testing, manufacture, repair and ancillary support services associated with specialist toolmaking, on the land to which this clause applies.cl 60: Ins 6.8.2004.
61 Development for the purpose of sex industry premises
(1) Development of land to which this plan applies for the purposes of sex industry premises must not be carried out except as provided by this clause, despite any other provision of this plan.(2) Development of the kind referred to in subclause (1) may be carried out on land within Zone 4 (a), 4 (b) or 4 (c) but only with development consent.(3) In this clause:brothel means premises habitually used for the purposes of prostitution, whether or not by only one prostitute.restricted premises means a building or place, other than a newsagency or pharmacy, where:(a) publications classified Category 1 restricted, Category 2 restricted or RC under the Classification (Publications, Films and Computer Games) Act 1995 of the Commonwealth are exposed, exhibited, displayed or sold or otherwise made accessible or available to the public, or(b) a business is conducted to which section 578E (Offences relating to advertising or displaying products associated with sexual behaviour) of the Crimes Act 1900 applies, or(c) a business is conducted, an object of which is the display or exhibition of any article that is primarily concerned with, or is used or intended to be used in connection with, sexual behaviour, but which is not printed matter.sex industry premises means any brothel, restricted premises or sex-on-premises establishment.sex-on-premises establishment means any premises that gain income from entrance or membership fees (or both) for the use of booths or any other area on the premises designated for casual sex between patrons, but does not include a brothel.cl 61: Ins 26.11.2004.
62 Development on land that may be affected by salinity
(1) The consent authority must not grant consent to development on land if, in the opinion of the consent authority:(a) it is likely that the land has saline soil, orunless it has considered a salinity management report in relation to the development.(b) the development may cause the soil on the land to become, or become more saline,(2) A salinity management report is a report that recommends measures to be adopted, as part of proposed development, to reduce:(a) any existing soil salinity, or any impact of that salinity, on the land concerned, and(b) the likelihood and impact of the soil becoming, or becoming more, saline as a result of the development.(3) The salinity management report is to include measures that are based on the following principles (to the extent relevant):(a) the removal of any native vegetation should be minimised,(b) deep-rooted species of vegetation that are salt tolerant and able to reduce ground water levels should be planted,(c) footings of buildings should be constructed so as not to impede groundwater movement,(d) building materials that are resistant to salt effects should be used in building works,(e) surface water infiltration should be reduced by constraining irrigation systems,(f) roadways, utility services and other infrastructure should be located so as to reduce:(i) any existing soil salinity or any impact of that salinity, and(ii) the likelihood and impact of the soil becoming, or becoming more, saline as a result of the development.cll 62–64: Ins 2006 (140), Sch 1 [13].
63 Mines
The consent authority may grant consent to development for the purpose of mines only if the consent authority is satisfied that:(a) the development will not compromise:(i) the quality, significance or integrity of the ecological attributes of the land on which the development is proposed to be carried out, or(ii) the objectives of the zoning of that land, as set out in this plan, at ground level, and(b) any proposed surface facilities for the mine do not adversely affect the amenity of the locality.cll 62–64: Ins 2006 (140), Sch 1 [13].
64 Delayed rezoning of certain Commonwealth land
(1) The zoning of land effected by Sheet 4 of the map marked “Campbelltown (Urban Area) Local Environmental Plan 2002 (Amendment No 12)” (the relevant map) does not commence until a date specified by the Minister by order published in the Gazette.(2) The Minister is not to make such an order unless the Minister is satisfied that the land shown coloured dark green with red hatching on Sheet 4 of the relevant map:(a) is vested in the State of New South Wales or a public authority of the State of New South Wales, and(b) is reserved under the National Parks and Wildlife Act 1974 or is held for the purpose of being so reserved.(3) For the avoidance of doubt:(a) nothing in this clause affects the zone applying to any land shown distinctively coloured on Sheet 1 of the relevant map, and(b) until such time as the Minister makes an order under this clause, the zone applying to any land shown distinctively coloured on Sheet 4 of the relevant map is the zone applying to that land immediately before the commencement of Campbelltown (Urban Area) Local Environmental Plan 2002 (Amendment No 12).cll 62–64: Ins 2006 (140), Sch 1 [13].
65 Residential flat buildings and home activities on certain land in Ingleburn Town Centre within Zone 10 (b)
(1) This clause applies to so much of the land at Ingleburn within Zone 10 (b) as is shown coloured light blue, lettered “10 (b)” and hatched on Sheet 1 of the map marked “Campbelltown (Urban Area) Local Environmental Plan 2002 (Amendment No 8)”.(2) Despite any other provision of this plan, all development on the land to which this clause applies is prohibited except development for the purpose of residential flat buildings or home activities.cl 65: Ins 2006 (623), Sch 1 [2]. Am 2010 (240), cl 4.
66 Development on land at Nurra Reserve, Ambarvale
(1) This clause applies to land at Nurra Reserve, Ambarvale, being Lots 12, DP 700701 and part of Lot 13, DP 700702, as shown edged heavy black on Sheet 2 of the map marked “Campbelltown (Urban Area) Local Environmental Plan 2002 (Amendment No 23)”.(2) Development consent must not be granted to development on land to which this clause applies unless the Council has considered the impact of the development on the preservation of trees and other vegetation on the land.cl 66: Ins 2012 (234), Sch 1 [1].
Schedule 1 Heritage items and heritage conservation areas
(Schedule 3)
Part 1 Heritage items
Abington Crescent
Glen Alpine—Site of original house
Lot 756 DP 787316, Heritage Park, Glen Alpine
Significance: Local
Lot 756 DP 787316, Heritage Park, Glen Alpine
Significance: Local
Allman Street
Water Supply Reservoir, Cattle Tank and Silt Traps
R28561 and R28562, Hurley Park, Campbelltown
Significance: State
R28561 and R28562, Hurley Park, Campbelltown
Significance: State
Appin Road
Denfield
Lot 11 DP 812910 and Lot 122 DP 813654, St Helens Park
Permanent Conservation Order No 540
Significance: State
Lot 11 DP 812910 and Lot 122 DP 813654, St Helens Park
Permanent Conservation Order No 540
Significance: State
Silos
Public road
Appin Road reservation
Bradbury
Significance: Regional
Public road
Appin Road reservation
Bradbury
Significance: Regional
Badgally Road
Blairmount
Lot 102 DP 708401, Blairmount
Significance: Local
Lot 102 DP 708401, Blairmount
Significance: Local
Glenroy
Lot 2 DP 703539, Claymore
Significance: Local
Lot 2 DP 703539, Claymore
Significance: Local
Hillcrest
Lot 2 DP 1017017, Claymore
Significance: Local
Lot 2 DP 1017017, Claymore
Significance: Local
Belltrees Close
Glen Alpine—second house of that name
12 Belltrees Close, Lot 443 DP 746821, Glen Alpine
Significance: Local
12 Belltrees Close, Lot 443 DP 746821, Glen Alpine
Significance: Local
Ben Lomond Road
The Jug, stone cottage
9 Ben Lomond Road, Lot 315 DP 253229, Minto Heights
Significance: State
9 Ben Lomond Road, Lot 315 DP 253229, Minto Heights
Significance: State
Blaxland Road
Blair Athol group comprising:
Blair Athol
23 Blair Athol Drive, Lot 359 DP 870579, Blair Athol
The Kia
21 Blair Athol Drive, Lot 357 DP 870579, Blair Athol
The Kraal
29 Blair Athol Drive, Lot 401 DP 870579, Blair Athol
Significance: Local
Broughton Street
Presbyterian Cemetery
Part Lot 1 DP 596379, Campbelltown
Significance: Local
Part Lot 1 DP 596379, Campbelltown
Significance: Local
St Elmo
94 Broughton Street, Lot 3 DP 221454, Campbelltown
Significance: Local
94 Broughton Street, Lot 3 DP 221454, Campbelltown
Significance: Local
Campbelltown Road
Denham Court group
Lot 392 DP 564854, Denham Court
Permanent Conservation Order No 212
Significance: State
Lot 392 DP 564854, Denham Court
Permanent Conservation Order No 212
Significance: State
Mess Hall, Ingleburn Army Camp
Part of Lot 2 DP 831150, Edmondson Park
Significance: National
Part of Lot 2 DP 831150, Edmondson Park
Significance: National
Milestones
Various locations along Campbelltown Road, on road reserve
Significance: State
Various locations along Campbelltown Road, on road reserve
Significance: State
Mont St Quentin Oval, including entry gates
Part of Lot 2 DP 831150, Edmondson Park
Significance: National
Part of Lot 2 DP 831150, Edmondson Park
Significance: National
Robin Hood Farm
Lot 201 DP 255306, Campbelltown Road, Ingleburn
Significance: State
Lot 201 DP 255306, Campbelltown Road, Ingleburn
Significance: State
Condamine Street
House
2 Condamine Street, Lot 1 DP 917059, Campbelltown
Significance: Local
2 Condamine Street, Lot 1 DP 917059, Campbelltown
Significance: Local
Cordeaux Street
St John the Evangelist Church (new)
Lot 1 DP 227905, Campbelltown
Significance: Local
Lot 1 DP 227905, Campbelltown
Significance: Local
St Peters Anglican Church group
Lots 50 and 52 DP 811930, Campbelltown
Significance: State
Lots 50 and 52 DP 811930, Campbelltown
Significance: State
Dove Place
Boronia
6 Dove Place, Lot 18 DP 247802, Ingleburn
Significance: Local
6 Dove Place, Lot 18 DP 247802, Ingleburn
Significance: Local
Eagleview Road
Eagleview House
107 Eagleview Road, Lot 105 DP 260047, Minto
Significance: Local
107 Eagleview Road, Lot 105 DP 260047, Minto
Significance: Local
Eschol Park Drive
Eschol Park House and street trees
14 Eschol Park Drive, Lot 22 DP 545718, Eschol Park and the avenue of trees in Eschol Park Drive between Eschol Park and Raby Road
2 Peppercorn trees (Schinus ariera)
1 Pine (Pinus roxburgii)
1 Moreton Bay Fig (Ficus macrophylla)
1 Green Fig (Ficus virens)
1 Italian Cypress (Cupressus sempervirens)
Significance: Local
14 Eschol Park Drive, Lot 22 DP 545718, Eschol Park and the avenue of trees in Eschol Park Drive between Eschol Park and Raby Road
2 Peppercorn trees (Schinus ariera)
1 Pine (Pinus roxburgii)
1 Moreton Bay Fig (Ficus macrophylla)
1 Green Fig (Ficus virens)
1 Italian Cypress (Cupressus sempervirens)
Significance: Local
Fern Avenue
Raith
Lot 2 DP 871149, Bradbury
Significance: Local
Lot 2 DP 871149, Bradbury
Significance: Local
Fitzroy Crescent
Warby’s Dams 1 and 2 on Leumeah Creek
Lot 35 DP 31214 and Lot 7 DP 232798, Leumeah
Significance: Regional
Lot 35 DP 31214 and Lot 7 DP 232798, Leumeah
Significance: Regional
George Street
St Johns Church group
Lots 1 and 2 DP 246268, Campbelltown
Permanent Conservation Order No 193
Significance: State
Lots 1 and 2 DP 246268, Campbelltown
Permanent Conservation Order No 193
Significance: State
Guernsey Avenue
Campbellfield or Redfern’s Cottage
Part of Lot 2 DP 1025136
Significance: Local
Part of Lot 2 DP 1025136
Significance: Local
Hansens Road
Kiera-villa
20 Hansens Road, Lot E DP 162716, Minto Heights
Significance: Local
20 Hansens Road, Lot E DP 162716, Minto Heights
Significance: Local
Hollylea Road
Hollylea and former Plough Inn
185 Airds Road, Lot 232 DP 713035, Leumeah
Permanent Conservation Order No 343
Significance: State
185 Airds Road, Lot 232 DP 713035, Leumeah
Permanent Conservation Order No 343
Significance: State
Hurley Street
Campbelltown Railway Station
SRA Land, Campbelltown
Significance: Local
SRA Land, Campbelltown
Significance: Local
Lindesay Street
Warby’s Dams 3 and 4 on Leumeah Creek
Lot 48 DP 213178, Leumeah
Significance: Regional
Lot 48 DP 213178, Leumeah
Significance: Regional
Lithgow Street
Glenalvon and Water Trough
4 Lithgow Street, Lot 1 DP 34658, Campbelltown
Permanent Conservation Order No 4
Significance: State
4 Lithgow Street, Lot 1 DP 34658, Campbelltown
Permanent Conservation Order No 4
Significance: State
House
64 Lithgow Street, Lot B DP 415425, Campbelltown
Significance: Local
64 Lithgow Street, Lot B DP 415425, Campbelltown
Significance: Local
Richmond Villa
12 Lithgow Street, Lot 3 DP 827691, Campbelltown
Significance: Local
12 Lithgow Street, Lot 3 DP 827691, Campbelltown
Significance: Local
St Davids Presbyterian Church and former Manse
32 and 40 Lithgow Street, Lots 11 and 12 DP 806710, Campbelltown
Significance: Local
32 and 40 Lithgow Street, Lots 11 and 12 DP 806710, Campbelltown
Significance: Local
Macquarie Road
The Pines
13 Macquarie Road, Lot 1 DP 449394, Ingleburn
Significance: Local
13 Macquarie Road, Lot 1 DP 449394, Ingleburn
Significance: Local
Menangle Road
Sugarloaf Farm
Lot 2 DP 842735, Lot 62 DP 810737 and Lot 3 DP 1007066, Gilead
Significance: State
Lot 2 DP 842735, Lot 62 DP 810737 and Lot 3 DP 1007066, Gilead
Significance: State
Mercedes Road
Stone Cottage
26 Mercedes Road, Lots 55–68 Section 2 DP 2189, Ingleburn
Significance: Local
26 Mercedes Road, Lots 55–68 Section 2 DP 2189, Ingleburn
Significance: Local
Mississippi Crescent
Epping Forest
Lot 34 DP 262269, Kearns
State Heritage Order No 1298
Significance: State
Lot 34 DP 262269, Kearns
State Heritage Order No 1298
Significance: State
Moonstone Place
Mount St Joseph
13A Moonstone Place, Lot 4372 DP 261630, Eagle Vale
Significance: Local
13A Moonstone Place, Lot 4372 DP 261630, Eagle Vale
Significance: Local
Narellan Road
Stations of the Cross
Lot 1 DP 247902, Campbelltown
Significance: Regional
Lot 1 DP 247902, Campbelltown
Significance: Regional
Old Menangle Road
Emily Cottage
Lot 61 DP 997095, Campbelltown
Significance: Local
Lot 61 DP 997095, Campbelltown
Significance: Local
Quondong
Lots A and B DP 156043, Campbelltown
Significance: State
Lots A and B DP 156043, Campbelltown
Significance: State
Oxford Road
Ingleburn Community Hall
Lot 8 Section 8 DP 2913, Ingleburn
Significance: Local
Lot 8 Section 8 DP 2913, Ingleburn
Significance: Local
Ingleburn Horse Trough
situated in Oxford Road, Ingleburn, adjacent to Lot 4 DP 10494
14 Oxford Road, Ingleburn
Significance: Local
situated in Oxford Road, Ingleburn, adjacent to Lot 4 DP 10494
14 Oxford Road, Ingleburn
Significance: Local
Ingleburn Primary School
Lot 1 DP 122332, Ingleburn
Significance: Local
Lot 1 DP 122332, Ingleburn
Significance: Local
Woodcrest
111 Oxford Road, Lot 426 DP 259167, Ingleburn
Significance: Local
111 Oxford Road, Lot 426 DP 259167, Ingleburn
Significance: Local
Oxley Street
Caversham
26 Oxley Street, Lot 1 DP 743185, Campbelltown
Significance: Local
26 Oxley Street, Lot 1 DP 743185, Campbelltown
Significance: Local
House—MYOB
24 Oxley Street, Lot 1 DP 555265 and Lot 26 DP 220014, Campbelltown
Significance: Local
24 Oxley Street, Lot 1 DP 555265 and Lot 26 DP 220014, Campbelltown
Significance: Local
Wesleyan Chapel (now part of Uniting Church), Lot 1 DP 770123, Campbelltown
Significance: Local
Significance: Local
Parkholme Circuit
Englorie Park House
2 Parkholme Circuit, Lot 48 and Part Lot 50 DP 845826, Englorie Park
Significance: Local
2 Parkholme Circuit, Lot 48 and Part Lot 50 DP 845826, Englorie Park
Significance: Local
Queen Street
Airds Cottage (formerly Farrier’s Arms) and Water Trough
318 Queen Street, Part Portion 67 and Part Portion 74 Parish of St Peter, Campbelltown
Significance: Local
318 Queen Street, Part Portion 67 and Part Portion 74 Parish of St Peter, Campbelltown
Significance: Local
Campbelltown Community Centre (formerly Fieldhouse’s Produce Store and Campbelltown News Building)
317 Queen Street, Part Portion 74 Parish of St Peter, DP 77929, Campbelltown
Significance: Local
317 Queen Street, Part Portion 74 Parish of St Peter, DP 77929, Campbelltown
Significance: Local
Campbelltown Court House
95 Queen Street, Part of Lot 1 DP 772068, Campbelltown
Significance: State
95 Queen Street, Part of Lot 1 DP 772068, Campbelltown
Significance: State
Commercial Bank of Sydney (former)
263 Queen Street, Lot 1 DP 123556, Campbelltown
Permanent Conservation Order No 499
Significance: State
263 Queen Street, Lot 1 DP 123556, Campbelltown
Permanent Conservation Order No 499
Significance: State
Dredges Cottage
303 Queen Street, Lot 111 DP 705804, Campbelltown
Permanent Conservation Order No 640
Significance: State
303 Queen Street, Lot 111 DP 705804, Campbelltown
Permanent Conservation Order No 640
Significance: State
Fisher’s Ghost Restaurant
316 Queen Street, Lot 33 DP 131201, Campbelltown
Significance: Local
316 Queen Street, Lot 33 DP 131201, Campbelltown
Significance: Local
Gold Wheel Restaurant
38 Queen Street, Lot 1 DP 742064, Campbelltown
Significance: Local
38 Queen Street, Lot 1 DP 742064, Campbelltown
Significance: Local
Post Office—Campbelltown (former)
261 Queen Street, Lot 2 DP 628679, Campbelltown
Permanent Conservation Order No 265
Significance: State
261 Queen Street, Lot 2 DP 628679, Campbelltown
Permanent Conservation Order No 265
Significance: State
Queen Street Group comprising:
McGuanne House, 286 Queen Street, Campbelltown, Lot 4 DP 827641
Old Railway Hotel, 288 Queen Street, Campbelltown, Lot 3 DP 827641
William Bursill’s Shop, 292–294 Queen Street, Campbelltown, Lot 2 DP 827641
The Coaching House, 298 Queen Street, Campbelltown, Lot 1 DP 827641
Permanent Conservation Order No 7
Significance: State
Significance: State
Town Hall and former Fire Station
297 Queen Street, Lot 103 DP 621563, Campbelltown
Significance: Local
297 Queen Street, Lot 103 DP 621563, Campbelltown
Significance: Local
Warby’s Stables and Barn
12–14 Queen Street, Part Lot 1 DP 216516 and Part Lot B DP 449236, Campbelltown
Permanent Conservation Order No 497
Significance: State
12–14 Queen Street, Part Lot 1 DP 216516 and Part Lot B DP 449236, Campbelltown
Permanent Conservation Order No 497
Significance: State
Water Trough
Within Civic Centre, corner Broughton Street, Lot 301 DP 715353, Campbelltown
Significance: Local
Within Civic Centre, corner Broughton Street, Lot 301 DP 715353, Campbelltown
Significance: Local
Roy Watts Road
Hurlstone Agricultural High School—Original School Building, 1926
Lot 1 DP 175962, Glenfield
Significance: Local
Lot 1 DP 175962, Glenfield
Significance: Local
St Helens Park Drive
St Helens Park House and Dam
Lot 60 DP 739072, Part of Lot 2 DP 791082 and Part of Lot 4 DP 865319, St Helens Park
Permanent Conservation Order No 406
Significance: State
Lot 60 DP 739072, Part of Lot 2 DP 791082 and Part of Lot 4 DP 865319, St Helens Park
Permanent Conservation Order No 406
Significance: State
St Johns Road
Methodist/Congregational Cemetery
Lot 13 DP 631041, Pioneer Park, Campbelltown
Significance: Local
Lot 13 DP 631041, Pioneer Park, Campbelltown
Significance: Local
Shiel Place
St Andrews
11 Shiel Place, Lot 1200 DP 749489, St Andrews
Significance: Local
11 Shiel Place, Lot 1200 DP 749489, St Andrews
Significance: Local
Sturt Street
House
8 Sturt Street, Lot 3 DP 218620, Campbelltown
Significance: Local
8 Sturt Street, Lot 3 DP 218620, Campbelltown
Significance: Local
House
10 Sturt Street, Lot 1 DP 743626, Campbelltown
Significance: Local
10 Sturt Street, Lot 1 DP 743626, Campbelltown
Significance: Local
House
14 Sturt Street, Lot 3 DP 103059, Campbelltown
Significance: Local
14 Sturt Street, Lot 3 DP 103059, Campbelltown
Significance: Local
Waminda Avenue
Cransley
104 Waminda Avenue, Lot 21 DP 573760, Campbelltown
Significance: Local
104 Waminda Avenue, Lot 21 DP 573760, Campbelltown
Significance: Local
Warby Street
House
60 Warby Street, Lot 32 DP 7496, Campbelltown
Significance: Local
60 Warby Street, Lot 32 DP 7496, Campbelltown
Significance: Local
Waterhouse Place
Briar Cottage
Lot 43 DP 261258, Airds
Significance: Local
Lot 43 DP 261258, Airds
Significance: Local
Part 2 Heritage conservation areas
Queen Street Heritage Conservation Area, including:McGuanne House, 286 Queen Street, Campbelltown, Lot 4 DP 827641
Old Railway Hotel, 288 Queen Street, Campbelltown, Lot 3 DP 827641
William Bursill’s Shop, 292–294 Queen Street, Campbelltown, Lot 2 DP 827641
The Coaching House, 298 Queen Street, Campbelltown, Lot 1 DP 827641
296 Queen Street, Campbelltown, Lot 5 DP 827641
300 Queen Street, Campbelltown, Lot 2 DP 270118
3 Allman Street, Campbelltown, Lot 1 DP 51446
5 Allman Street, Campbelltown, Lot 1 DP 727966
Bradbury Avenue, Campbelltown, Lot 1 DP 270118
2 Bradbury Avenue, Campbelltown, Lot 3 DP 270118
sch 1: Am 6.8.2004; 2006 (140), Sch 1 [14].
Schedule 2 Additional development
(Clause 59)
1
Development for the purpose of a religious establishment:
Lot 101 DP 613169, 43 Acacia Avenue, Ruse,
Part Lot 49 DP 192304, 78 Amundsen Street, Leumeah,
Lot 1 DP 788381, 201 Eagleview Road, Minto,
Lot 7, DP 601056, Johnson Road, Campbelltown.
2
Development for the purpose of a service station/convenience store:
Lot 112 DP 1025751, Appin Road, corner of Appin Road with northern end of Kellerman Drive, St Helens Park,
Lot 1 DP 826740, 6 Rudd Road, Leumeah,
Lot 1021 DP 734331, 37 Woodhouse Drive, Ambarvale,
Lot 1 DP 122424, Campbelltown Road, Glenfield.
3
Development for the purpose of a service station:
Lot 4 DP 21481, 2 Atchison Road, Macquarie Fields,
Lot 4001 DP 593698, 95 Ballantrae Drive, St Andrews,
Lot 617 DP 535812, 74 Campbellfield Avenue, Bradbury,
Lots A and B DP 390839, 68 Cumberland Road, Ingleburn,
Lot 1 DP 552083, 72 Cumberland Road, Ingleburn,
Lots 73 and 74, DP 22711, 104 Lindesay Street, Campbelltown,
Lot 1 DP 810648, 73 Pembroke Road, Minto,
Lot 100 DP 575001, 310 St Johns Road, Bradbury,
Lot 63 DP 262162, 72 Stranraer Drive, St Andrews,
Lot 100, DP 1176622, 194 Campbelltown Road, Denham Court, if the service station:(a) does not include a diesel or gas fuelling point for long vehicles (within the meaning of rule 200 of the Road Rules 2014), and(b) is not designed or constructed to be used by such long vehicles, and(c) is designed and constructed to be used by heavy vehicles (within the meaning of the Road Rules 2014) only for the purpose of fuelling, and(d) is not able to be accessed from a freeway.
4
Development for the purpose of local markets (being a building or place used by a community or sporting group for the purpose of a market):
Lot 31 and part of Lot 32, DP 557150, Fields Road, Macquarie Fields (as shown edged heavy black on the map marked “Campbelltown Local Environmental Plan No 113”,
Lot 201 DP 785774, Hurley Street, Campbelltown,
Lot 1 DP 827700, Lot 2 DP 827688 and Lot 3 DP 827691, Moore-Oxley Bypass, Campbelltown,
Part of Lot 2, DP 537620, Riverside Drive, Airds (as shown edged heavy black on the map marked “Campbelltown Local Environmental Plan No 109”).
5
Development for the purpose of a hotel:
Lot 98 DP 260349, 2 Hurricane Drive, Raby,
Lots 21 and 22 DP 612073, Junction Road, Ruse,
Lot 1 DP 582823, 6 Minto Road, Minto,
Lot 20 DP 868290, 543 Pembroke Road, Leumeah,
Lot 745 DP 255810, 48 Riverside Drive, Airds,
Lot 612 DP 542535, 96 The Parkway, Bradbury,
Lot 1023 DP 777831, Woodhouse Drive, Ambarvale.
6
Development for the purpose of a periodic detention centre:
Lot 46 DP 32311, Kialba Road, Campbelltown.
7
Development for the purpose of a commercial building:
Lot 1 DP 218620, Sturt Street, Campbelltown.
8
Development for the purpose of a motor vehicle repair station:
Lot 75 DP 32086, Hoddle Avenue (corner Bradbury Avenue), Campbelltown,
Lots 1 and 2 DP 523727, Waminda Avenue (corner of Valley Road), Campbelltown.
9
Development for the purpose of a service station, motor vehicle repair station and the ancillary sale of motor vehicles:
Lot D DP 399714, 21 Cumberland Road, Ingleburn.
10
Development for the purpose of a physiotherapist centre:
Lot 1 DP 208620, 150 Lindesay Street, Campbelltown.
11
Development for the purpose of a shop, in conjunction with a community facility:
Land at the corner of Old Glenfield Road and Glenfield Road, Glenfield, as shown coloured brown and edged with a heavy black broken line on the map marked “Campbelltown (Urban Area) Local Environmental Plan 2002 (Amendment No 3)”.
sch 2: Am 17.5.2002; 28.2.2003; 2015 (228), cl 4.
sch 3: Am 17.5.2002; 28.2.2003; 6.8.2004; 26.11.2004; 2005 (253), Sch 1 [2]; 2006 (140), Sch 1 [15]–[17]; 2006 (623), Sch 1 [3]; 2006 (803), Sch 1 [2]; 2007 (364), cl 4; 2008 (151), cl 4; 2008 (172), Sch 1 [2]; 2008 (499), cl 4; 2009 (127), cl 4; 2011 (270), cl 4; 2012 (205), cl 4; 2012 (234), Sch 1 [2]; 2013 (261), cl 3; 2013 (624), cl 3.
Dictionary
(Clause 5)
Aboriginal place means:
(a) any site which has the physical remains of pre-European occupation by, or is of contemporary significance to, Aboriginal people. It can (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 carved trees and sharpening grooves, or
(b) a natural Aboriginal sacred site or other sacred feature. These sites include natural features such as creeks or mountains of cultural significance, as well as initiation, ceremonial or story places or areas of more contemporary cultural significance.
advertisement means the display of symbols, messages or other devices for promotional purposes or for conveying information, instructions, directions or the like, whether or not the display includes the erection of a structure or the carrying out of a work.
advertising structure means a structure used or to be used principally for the display of an advertisement.
agriculture means the use of land for horticulture and livestock keeping and breeding but does not include intensive horticulture, intensive livestock keeping or the use of land for an animal boarding or training establishment.
alter, in relation to a heritage item, means:
(a) the making of structural changes to the outside of the heritage item, or
(b) the making of non-structural changes to the detail, fabric, finish or appearance of the outside of the heritage item, not including changes resulting from the maintenance of the existing detail, fabric, finish or appearance of the outside of the heritage item.
amusement centre means a building used for playing electrical or mechanical amusement devices.
animal boarding or training establishment means a building or place used for commercial boarding, breeding, keeping, maintaining, receiving or training of dogs, cats, horses or birds.
appointed day means the day on which this plan takes effect.
archaeological site means the site of one or more relics.
arterial road means:
(a) a road shown coloured light grey on the map, or
(b) a classified road as declared under the Roads Act 1993.
auction premises means a building or place used for the sale by auction of goods which are displayed on the premises.
bed and breakfast means short-term paid accommodation, which may include meals, provided in a dwelling house, or in ancillary buildings within the curtilage of the dwelling house, by the permanent residents of the dwelling house.
boarding-house includes a house let in lodgings or a hostel, but does not include a motel.
bulky goods retailing means use of a building or place for the sale by retail of items which:
(a) are of such a size, shape or range as to require:(i) a large area for handling, storage and display, and(ii) direct vehicular access for customers’ vehicles to and from the site on which the goods are sold for the purpose of loading and unloading of the goods onto and from vehicles, or
(b) are, in the opinion of the Council, of such a kind:(i) as are required to be displayed in premises not easily accommodated in traditional commercial centres, and(ii) as a person using them is unlikely to purchase frequently, including consumer durables (such as refrigerators, washing machines and stoves) and home improvement and hardware supplies.
bus depot means a building or place used for the servicing, repair and garaging of buses and other vehicles used for the purpose of a bus transport undertaking.
bushfire fighting establishment means a building appurtenant to the operation of a rural fire brigade formed under section 15 of the Rural Fires Act 1997.
bushfire hazard reduction means a reduction or modification (by controlled burning, or by mechanical or manual means) of material that constitutes a bushfire hazard.
bushland means land on which there is vegetation which is either a remainder of the natural vegetation of the land or, if altered, is still representative of the structure and flora of the natural vegetation.
business identification sign means an advertisement which in respect of any place or premises to which it is fixed contains all or any of the following:
(a) a reference to the identity or description of the place or premises,
(b) a reference to the identity or description of any person residing or carrying on an occupation at the place or premises,
(c) particulars of any occupation carried on at the place or premises,
(d) such directions or cautions as are usual or necessary relating to the place or premises or any occupation carried on there,
(e) particulars or notifications required or permitted to be displayed by or under any Commonwealth or State Act,
(f) particulars relating to the goods, commodities or services dealt with or provided at the place or premises,
(g) particulars of any activities held or to be held at the place or premises,
(h) a reference to an affiliation with a trade, professional or other association relevant to the business conducted at the place or premises.
caravan park means land used as a site for moveable dwellings, including tents and caravans or other vehicles used for temporary or permanent accommodation.
child care centre means a building or place used to provide a centre based child care service within the meaning of the Centre Based and Mobile Child Care Services Regulation (No 2) 1996.
club means a building used by persons associated, or by a body incorporated, for social, literary, political, sporting, athletic or other lawful purposes, whether of the same or a different kind, and whether or not the whole or part of the building is the premises of a club registered under the Registered Clubs Act 1976.
commercial premises means a building or place used as an office or for other business or commercial purposes, but (in Part 2) does not include a building or place elsewhere specifically defined in this Schedule or a building or place used for a land use elsewhere specifically defined in this Schedule.
communication facility means a building, structure, work or place used primarily for transmitting or receiving signals for the purposes of communication and includes radio masts and towers, but does not include a satellite dish.
community facility means a building or place owned or controlled by the Council and used for the purpose of providing facilities comprising or relating to any one or more of the following:or used for any other like purpose.
(a) a public library,
(b) public health services,
(c) rest rooms,
(d) meeting rooms,
(e) indoor recreation,
(f) child care centre,
(g) neighbourhood hall,
(h) a refreshment room,
computer processing centre includes a building or place used for the purpose of administration and receiving, storing, processing and transmitting electronic and telephonic data, for a network of off-site consumer services.
conjoint dwelling means a dwelling that is:and occupied by a person or persons who are employed in the shop, commercial premises, industrial building or building used primarily for other non-residential purposes or by the business occupying those premises.
(a) physically attached to a shop, commercial premises, industrial building or building used primarily for other non-residential purposes, or
(b) situated on the same land as a shop, commercial premises, industrial building or other non-residential building,
conservation management plan means a document prepared in accordance with the requirements of the NSW Heritage Office that establishes 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.
convenience store means a building or place, with a floor space not exceeding 250 square metres, that is used for the sale of groceries and other small items and that is ancillary to and operated in conjunction with a service station.
corporation means the corporation constituted under section 8 (1) of the Act.
Council means the Council of the City of Campbelltown.
demolish a heritage item, or a building, work, archaeological site, tree or place within a heritage conservation area, means wholly or partly destroy, dismantle or deface the heritage item or the building, work, archaeological site, tree or place.
development has the same meaning as it has in the Act.
directional sign means an advertisement affixed to a place or premises which contains only a notice regarding directions that apply within that place or premises.
drainage means works to control and convey stormwater flow.
dual occupancy means two dwellings on the same lot.
dual occupancy (attached) means a dual occupancy comprising two attached dwellings on the same lot.
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 one, but not more than one, dwelling.
earthworks means the addition or removal of any solid material on, to or from land or any other work which will substantially alter the existing ground level or character of the surface of land.
Edmondson Park Urban Release Area Precinct means the land shown edged heavy black on Sheet 1 of the map marked “Campbelltown (Urban Area) Local Environmental Plan 2002 (Amendment No 12)”.
educational establishment means a building used as a school, college, technical college, academy, lecture hall, gallery or museum, but does not include a building used wholly or principally as an institution or child care centre.
exhibition home means an unoccupied dwelling house used for display purposes.
extractive industry means:
(a) the winning of extractive material, or
(b) an industry or undertaking, not being a mine, which depends for its operations on the winning of extractive material from the land on which it is carried on.
extractive material means sand, gravel, clay, turf, soil, rock, stone or any similar substance.
fire protection zone means an area around a dwelling house which includes the following:
(a) a fuel-free zone adjacent to the dwelling house,
(b) access for vehicles around the dwelling house,
(c) a fuel-reduced zone outside the vehicle access area.
forestry includes arboriculture, silviculture, forest protection, the cutting, dressing and preparation (otherwise than in a sawmill) of wood and other forest products and the establishment of roads required for the removal of wood and forest products or for forest protection.
gross floor area means the total floor area of a building measured to the inner face of the external walls. It is not to include areas occupied by lift motor and plant rooms, stairwells, verandahs and balconies or the area of any car parking spaces and loading bays.
hazardous industry means a development for the purposes of an industry which, when the development is in operation and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the development from existing or likely future development on other land in the locality), would pose a significant risk in relation to the locality:
(a) to human health, life or property, or
(b) to the biophysical environment.
hazardous storage establishment means an establishment where goods, materials or products are stored which, when in operation and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the establishment from existing or likely future development on other land in the locality), would pose a significant risk in relation to the locality:
(a) to human health, life or property, or
(b) to the biophysical environment.
health care professional means a person who provides professional health services to members of the public, and includes:
(a) a podiatrist registered under the Podiatrists Act 1989, and
(b) a chiropractor or osteopath or a chiropractor and osteopath, registered under the Chiropractors and Osteopaths Act 1991, and
(c) a physiotherapist registered under the Physiotherapists Registration Act 1945, and
(d) an optometrist registered under the Optometrists Act 1930, and
(e) any other person professionally registered, pursuant to an Act, to dispense health care.
helipad means an area or place not open to public use which is set apart for the taking off and landing of helicopters.
heliport means an area or place open to public use for use by helicopters, whether or not it also includes terminal buildings and facilities for the parking, servicing and repair of helicopters.
heritage conservation area means an area of land shown edged with a heavy black broken line on the map and includes buildings, works, relics, trees or places situated on or within that land. Heritage conservation areas are also listed in Part 2 of Schedule 1.
Heritage Council means the Heritage Council of New South Wales constituted under the Heritage Act 1977.
heritage impact statement means a document consisting of a statement demonstrating the heritage significance of a heritage item or heritage conservation area, or of a building, work, archaeological site, tree or place within a heritage conservation area, an assessment of the impact that proposed development will have on that significance and proposals for measures to minimise that impact.
heritage item means:
(a) a building, work, archaeological site, tree or place specified in an inventory of heritage items that is available at the office of the Council and the site of which is described in Part 1 of Schedule 1 and shown edged heavy black on the map, or
(b) a place specified in an inventory of heritage items available at the office of the Council and described in the inventory as a place of Aboriginal heritage significance.
heritage significance means historical, scientific, cultural, social, archaeological, architectural, natural or aesthetic value.
home activity means a use that is carried on by the permanent residents of a dwelling in the dwelling, or in a building with a floor area not greater than 30 square metres that is erected on the same lot as the dwelling, but which does not involve:
(a) 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 or otherwise, or
(b) employment of persons other than permanent residents of the dwelling, or
(c) the display of goods or materials in a window or otherwise, or
(d) the display of any advertisement or advertising structure other than an advertisement displayed on an advertising structure indicating the name and occupation of the residents, or
(e) exposure to view from any adjacent premises or from any public place of any unsightly matter, or
(f) the provision of any essential service main of a greater capacity than that available in the locality, or
(g) the use of the site for the purposes of prostitution.
hospital means a building or place used for the purpose of providing professional health services (including preventative care, diagnosis, medical or surgical treatment and counselling) to people admitted as inpatients, whether or not outpatients are also cared for or treated there and may include:
(a) a nursing home, and
(b) ancillary facilities for accommodation of staff and visitors, and
(c) associated educational or research facilities.
hotel means any premises specified in a hotelier’s licence granted under the Liquor Act 1982 and includes a tavern.
industrial machinery showroom means a building or place used for the display for sale, lease or hire of motor vehicles (other than cars or motor cycles) and associated machinery used in primary or secondary industry.
industry means the manufacturing, assembling, altering, repairing, renovating, ornamenting, finishing, cleaning, washing, dismantling, processing or adapting of any goods or articles for commercial purposes.
institution means:
(a) a building used wholly or principally as a home or other establishment for developmentally disabled persons, or
(b) a hospital within the meaning of the Mental Health Act 1990, or
(c) a penal or reformative establishment.
integrated housing development means development which includes subdivision and which results in:
(a) there being two or more dwellings, each on a separate lot, and
(b) the average area of all of those separate lots with dwellings being 350 square metres or greater.
intensive horticulture means the use of land to grow a commercial crop of plants, trees or fungi, whether under cover or in the open using any of the following:but does not include the growing of produce solely for personal consumption or enjoyment by an owner or occupier of a dwelling on the land on which they are grown.
(a) hydroponics,
(b) sprinkler systems,
(c) artificial housing,
(d) crop protection structures,
(e) market gardening,
(f) orcharding,
(g) the growing of field flowers,
intensive livestock keeping means the use of land for keeping and nurturing cattle, sheep, goats, poultry or other livestock by predominantly supplementary feeding methods and, without limiting the generality of the foregoing, includes the use of land for:but does not include the use of land for an animal boarding or training establishment or the use of land for the keeping of livestock intended solely for personal consumption or enjoyment by an owner or occupier of a dwelling on the land.
(a) feed lots,
(b) piggeries,
(c) poultry farms,
(d) the farming of fish (including crustaceans),
junk yard means a building or place used for the collection, storage, abandonment or sale of scrap metals, waste paper, rags, bottles or other scrap materials or goods or used for the collecting, dismantling, storing, salvaging or abandonment of automobiles or other vehicles or machinery or for the sale of parts of them.
landscape supply establishment means a building or place used for both the storage and sale of a range of materials used for landscaping purposes.
liquor store means a building or place specified in a licence to sell liquor granted under the Liquor Act 1982, but does not include a hotel.
local market means a place used for a market by or for a community group or merchants’ association.
maintenance means the ongoing protective care of a heritage item or a building, work, archaeological site, tree or place within a heritage conservation area. It does not include alterations, such as carrying out extensions or additions, or the introduction of new materials or technology.
mine means any place, open cut, shaft, tunnel, pit, drive, level or other excavation, drift, gutter, lead, vein, lode or reef on, in or by which any operation is carried on for or in connection with the purpose of obtaining any metal, natural gas or mineral by any mode or method, and includes any place on which any product of the mine is stacked, stored, crushed or otherwise treated, but does not include a quarry.
motel means a building or buildings used for the short-term accommodation of travellers, whether or not the building or buildings are also used for the provision of meals to those travellers or the general public.
motor showroom means a building or place used for the display or sale of motor vehicles, caravans or boats, whether or not accessories for motor vehicles, caravans or boats are also sold or displayed there.
motor vehicle body repair workshop means a building or place used for the repair of motor vehicles or agricultural machinery involving body building, panel beating or spray painting.
motor vehicle repair station means a building or place used for:motor vehicles or agricultural machinery.
(a) the selling or fitting of accessories to, or
(b) the repair, other than body building, panel beating or spray painting, of,
motor vehicle spare parts and accessories outlet means a building or place used for the storage, display and sale of motor vehicle spare parts and accessories, which has more than 50 per cent of its floor space used as:
(a) fitting bays, or
(b) spare parts storage to which the public is not admitted, or
(c) fitting bays and spare parts storage to which the public is not admitted.
multi dwelling housing means development involving the erection of three or more dwellings on a site, each with separate access from the ground floor.
offensive industry means a development for the purposes of an industry which, when the development is in operation and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the development from existing or likely future development on other land in the locality), would emit a polluting discharge (including, for example, noise) in a manner which would have a significant adverse impact in the locality or on the existing or likely future development on other land in the locality.
offensive storage establishment means an establishment where goods, materials or products are stored which, when in operation and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the establishment from existing or likely future development on other land in the locality), would emit a polluting discharge (including, for example, noise) in a manner which would have a significant adverse impact in the locality or on the existing or likely future development on other land in the locality.
place of Aboriginal heritage significance means:
(a) a place that has the physical remains of pre-European occupation by, or is of contemporary significance to, the Aboriginal people. It can (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.
place of assembly means a public hall, theatre, cinema, music hall, concert hall, dance hall, open-air theatre, drive-in theatre, music bowl or any other building of a like character used as such and whether used for the purposes of gain or not, but does not include a religious establishment, an institution or a school.
plant hire means a building or place used for the purpose of hire of builders’ and handypersons’ tools, plant and equipment and the service and maintenance of such machinery.
potential archaeological site means a site which, in the opinion of the consent authority, has the potential to be an archaeological site.
potential place of Aboriginal heritage significance means a place:
(a) that is specified in an inventory of heritage items available at the office of the Council and described in the inventory as a potential place of Aboriginal heritage significance, or
(b) that, in the opinion of the consent authority, has the potential to have Aboriginal heritage significance, even if it is not so specified.
potentially hazardous industry means a development for the purposes of an industry which, if the development were to operate without employing any measures (including, for example, isolation from existing or likely future development on other land) to reduce or minimise its impact in the locality or on the existing or likely future development on other land, would pose a significant risk in relation to the locality:and includes a hazardous industry and a hazardous storage establishment.
(a) to human health, life or property, or
(b) to the biophysical environment,
potentially offensive industry means a development for the purposes of an industry which, if the development were to operate without employing any measures (including, for example, isolation from existing or likely future development on other land) to reduce or minimise its impact in the locality or on the existing or likely future development on other land, would emit a polluting discharge (including, for example, noise) in a manner which would have a significant adverse impact in the locality or on the existing or likely future development on other land, and includes an offensive industry and an offensive storage establishment.
professional consulting rooms means a room or a number of rooms forming either the whole or part of a dwelling or attached to or within the curtilage of a dwelling house and used by not more than three legally qualified medical practitioners, or by not more than three dentists within the meaning of the Dentists Act 1989, or by not more than three health care professionals, who practise there the profession of medicine, dentistry or health care, respectively, and, if more than one, practise in partnership, and who employ not more than three employees in connection with that practice.
prostitution means the provision of a sexual act or sexual service in return for payment or reward.
public building means a building used as offices or for administration or other like purposes by the Crown, a statutory body, the Council or an organisation established for public purposes.
public utility undertaking means any undertaking carried on in pursuance of any Commonwealth or State Act for the purpose of:and a reference to a person carrying on a public utility undertaking includes a reference to a council, county council, government department, corporation, firm or authority carrying on the undertaking.
(a) railway, road, water or air transport, wharf or river undertakings, or
(b) the provision of sewerage or drainage services, or
(c) the supply of water, hydraulic power, electricity or gas,
(d) (Repealed)
real estate sign means an advertisement in respect of a place or premises to which it is affixed which contains only a notice that the place or premises is for sale or letting, together with particulars of the sale or letting, and is not displayed for more than 14 days after letting or completion of the sale of the premises or place to which the sign relates.
recreation area means:but does not include a racecourse or a showground.
(a) a children’s playground, or
(b) an area used for sporting activities or sporting facilities, or
(c) an area used to provide facilities for recreational activities which promote the physical, cultural or intellectual welfare of persons within the community, being facilities provided by:(i) the Council, or(ii) a body of persons associated together for the purpose of promoting the physical, cultural or intellectual welfare of persons within the community,
recreation establishment means a health farm, religious retreat house, rest home, youth camp and the like, but (in Part 2) does not include a building or place elsewhere specifically defined in this Schedule.
recreation facility means a building or place used for sporting, recreation or leisure activities whether or not operated for the purpose of gain, but (in Part 2) does not include a building or place elsewhere specifically defined in this Schedule.
refreshment room means a building or place used principally to provide food for people to consume in that building or place, and includes a reception centre or a function facility.
relic means:
(a) any deposit, object or material evidence (which may consist of human remains) that is more than 50 years old relating to the use or settlement, not being Aboriginal habitation, of the City of Campbelltown and that is a fixture or is wholly or partly within the ground, or
(b) any deposit, object or material evidence (which may consist of human remains) of any age relating to Aboriginal habitation of the City of Campbelltown.
religious establishment means a building or place used primarily for the purpose of religious worship, instruction or training, whether or not it is also used for ancillary purposes such as counselling, recreation or social events, and includes any building or place formerly described or granted consent as a place of public worship.
renovation, in relation to a building or work, means:
(a) the making of structural changes to the inside or outside of the building or work,
(b) the making of non-structural changes to the fabric or appearance of the outside of the building or work, including changes that involve the repair or the painting, plastering or other decoration of the outside of the building or work.
research establishment means a laboratory or other place where scientific or technological development or research is carried out.
residential flat building means a building containing two or more dwellings which achieve access from shared foyers, halls or stairways.
retail plant nursery means a building or place used for both:
(a) the growing and retail selling of plants, and
(b) the retail selling of plant and garden accessories.
retail plant propagation nursery means a building or place used for the purpose of growing plants and the retail sale of plants, but not for the retail sale of plant or garden accessories.
road means a public thoroughfare used for the passage of vehicles, pedestrians or animals.
roadside stall means a building or place, not exceeding 20 square metres in floor space or area, respectively, where only primary products produced on the property on which the building or place is situated are exposed or offered for sale or sold by retail.
rural industry means handling, treating, processing or packaging primary products, and includes the servicing in a workshop of plant and equipment used for rural purposes in the locality.
service station means a building or place used for the fuelling of motor vehicles, the sale by retail of petrol, oil and other petroleum products, the ancillary sale of a limited range of food items for the convenience of patrons, and also used for any one or more of the following:
(a) the sale by retail of spare parts and accessories for motor vehicles,
(b) the washing and greasing of motor vehicles,
(c) the installation of accessories for motor vehicles,
(d) the repairing and servicing of motor vehicles involving the use of hand tools (other than repairing and servicing which involves top overhaul of motors, body building, panel beating, spray painting, or suspension, transmission or chassis restoration).
shop means a building or place used for the selling, whether by retail or auction, or hiring of or displaying for the purpose of the selling or hiring of items (whether goods or materials), but (in Part 2) does not include a building or place elsewhere specifically defined in this Schedule.
storage establishment means a building or place used principally for the storage of goods, materials or products and includes facilities for the loading and unloading of vehicles carrying those goods, materials or products, but (in Part 2) does not include a road transport terminal.
temporary sign means an advertisement of a temporary nature:that is not displayed earlier than 28 days before the day on which the event is to take place and is removed within 14 days after the event.
(a) which announces any local event of a religious, educational, cultural, political, social or recreational character or relates to any temporary matter in connection with such an event, and
(b) which does not include advertising of a commercial nature other than the name or names of the event’s sponsor,
the Act means the Environmental Planning and Assessment Act 1979.
the City of Campbelltown means all land within the Campbelltown City local government area.
the Council means the Council of the City of Campbelltown.
the map means the map marked “Campbelltown (Urban Area) Local Environmental Plan 2002”, as amended by the maps (or sheets of maps) marked as follows:
Editorial note—
The amending maps are not necessarily listed in the order of gazettal or publication on the NSW legislation website. Information about the order of gazettal or publication can be determined by referring to the Historical notes at the end of the plan.
Campbelltown (Urban Area) Local Environmental Plan 2002 (Amendment No 1)
Campbelltown (Urban Area) Local Environmental Plan 2002 (Amendment No 2)
Campbelltown (Urban Area) Local Environmental Plan 2002 (Amendment No 3)
Campbelltown (Urban Area) Local Environmental Plan 2002 (Amendment No 6)
Campbelltown (Urban Area) Local Environmental Plan 2002 (Amendment No 7)
Campbelltown (Urban Area) Local Environmental Plan 2002 (Amendment No 8)—Sheets 1–3
Campbelltown (Urban Area) Local Environmental Plan 2002 (Amendment No 9)
Campbelltown (Urban Area) Local Environmental Plan 2002 Amendment No 12, Sheets 1–3 and, subject to clause 64, Sheet 4
Campbelltown (Urban Area) Local Environmental Plan 2002 (Amendment No 14)—Sheet 1
Campbelltown (Urban Area) Local Environmental Plan 2002 (Amendment No 15)—Sheets 1–3
Campbelltown (Urban Area) Local Environmental Plan 2002 (Amendment No 17)
Campbelltown (Urban Area) Local Environmental Plan 2002 (Amendment No 18)
Campbelltown (Urban Area) Local Environmental Plan 2002 (Amendment No 20)
Campbelltown (Urban Area) Local Environmental Plan 2002 Amendment No 22
Campbelltown (Urban Area) Local Environmental Plan 2002 (Amendment No 23)—Sheet 1
Campbelltown (Urban Area) Local Environmental Plan 2002 Amendment No 24
Campbelltown (Urban Area) Local Environmental Plan 2002 (Environmental Planning and Assessment Act 1979—Section 75R (3A) Order 2013)
Campbelltown (Urban Area) Local Environmental Plan 2002 (Environmental Planning and Assessment Act 1979—Section 75R (3A) Order 2013)—Claymore Urban Renewal Project
towing service means a building or place from which a business involving the towing or carriage of motor vehicles is conducted, whether or not the towing or carrying, or the towed or carried vehicles, are parked, stored or serviced in that building or at that place.
transport terminal means any building or place used for the assembly and dispersal of passengers or goods.
tree means a perennial plant with a self-supporting woody stem which has a spread of more than 3 metres or a height of more than 3 metres.
utility installation means a building or work used by a public utility undertaking, but does not include a building designed wholly or principally as administrative or business premises or as a showroom.
veterinary clinic means a room or a number of rooms forming part of, attached to or within the curtilage of a dwelling house and used by not more than one legally qualified veterinarian who resides in the dwelling house and practises in it the profession of veterinarian and employs not more than one employee in connection with that practice.
veterinary establishment means a building or place used for the medical or surgical treatment of animals.
warehouse means a building or place used for the storing, handling and subsequent distribution of goods, materials or merchandise, but (in Part 2) does not include a shop or other building or place elsewhere specifically defined in this Schedule.
waterway means any river, creek, watercourse or drainage line or part of any river, creek, watercourse or drainage line to which this plan applies.
wholesale plant nursery means a building or place used for both the growing and wholesaling of plants.
zone means a classification of land shown on the map by distinctive colouring, edging or lettering.