Table Of Contents

Goulburn Mulwaree Local Environmental Plan 2009

Part 1 Preliminary
1.1   Name of Plan
This Plan is Goulburn Mulwaree Local Environmental Plan 2009.
1.1AA   Commencement
This Plan commences on the day on which it is published on the NSW legislation website.
1.2   Aims of Plan
(1)  This Plan aims to make local environmental planning provisions for land in Goulburn Mulwaree in accordance with the relevant standard environmental planning instrument under section 33A of the Act.
(2)  The particular aims of this Plan are as follows:
(a)  to promote and co-ordinate the orderly and economic use and development of land in the area,
(b)  to provide a framework for the Council to carry out its responsibility for environmental planning provisions and facilitate the achievement of the objectives of this Plan,
(c)  to encourage the sustainable management, development and conservation of natural resources,
(d)  to promote the use of rural resources for agriculture and primary production and related processing service and value adding industries,
(e)  to protect and conserve the environmental and cultural heritage of Goulburn Mulwaree,
(f)  to enhance and provide a range of housing opportunities in, and the residential and service functions of, the main towns and villages in Goulburn Mulwaree,
(g)  to establish a framework for the timing and staging of development on certain land in Goulburn and Marulan,
(h)  to provide a range of housing opportunities, including large lot residential development in the vicinity of the villages,
(i)  to allow development only if it occurs in a manner that minimises risks due to environmental hazards, and minimises risks to important elements of the physical environment, including water quality,
(j)  to provide direction and guidance as to the manner in which growth and change are to be managed in Goulburn Mulwaree,
(k)  to protect and enhance watercourses, riparian habitats, wetlands and water quality within the Goulburn Mulwaree and Sydney drinking water catchments so as to enable the achievement of the water quality objectives.
1.3   Land to which Plan applies
(1)  This Plan applies to the land identified on the Land Application Map.
(2)    (Repealed)
cl 1.3: Am 2012 (323), Sch 1 [1]; 2018 (596), Sch 1 [1].
1.4   Definitions
The Dictionary at the end of this Plan defines words and expressions for the purposes of this Plan.
1.5   Notes
Notes in this Plan are provided for guidance and do not form part of this Plan.
1.6   Consent authority
The consent authority for the purposes of this Plan is (subject to the Act) the Council.
1.7   Maps
(1)  A reference in this Plan to a named map adopted by this Plan is a reference to a map by that name:
(a)  approved by the local plan-making authority when the map is adopted, and
(b)  as amended or replaced from time to time by maps declared by environmental planning instruments to amend or replace that map, and approved by the local plan-making authority when the instruments are made.
(1AA)    (Repealed)
(2)  Any 2 or more named maps may be combined into a single map. In that case, a reference in this Plan to any such named map is a reference to the relevant part or aspect of the single map.
(3)  Any such maps are to be kept and made available for public access in accordance with arrangements approved by the Minister.
(4)  For the purposes of this Plan, a map may be in, and may be kept and made available in, electronic or paper form, or both.
Note—
The maps adopted by this Plan are to be made available on the official NSW legislation website in connection with this Plan. Requirements relating to the maps are set out in the documents entitled Standard technical requirements for LEP maps and Standard requirements for LEP GIS data which are available on the website of the Department of Planning and Environment.
1.8   Repeal of planning instruments applying to land
(1)  All local environmental plans and deemed environmental planning instruments applying only to the land to which this Plan applies are repealed.
Note—
The following local environmental plans are repealed under this provision:
(2)  All local environmental plans and deemed environmental planning instruments applying to the land to which this Plan applies and to other land cease to apply to the land to which this Plan applies.
cl 1.8: Am 2009 (93), Sch 1 [1]; 2010 (162), Sch 1.2 [1] [2]; 2018 (596), Sch 1 [2].
1.8A   Savings provision relating to pending development approvals
If a development application has been made before the commencement of this Plan in relation to land to which this Plan applies and the application has not been finally determined before that commencement, the application must be determined as if this Plan had not commenced.
1.9   Application of SEPPs
(1)  This Plan is subject to the provisions of any State environmental planning policy that prevails over this Plan as provided by section 36 of the Act.
(2)  The following State environmental planning policies (or provisions) do not apply to the land to which this Plan applies:
1.9A   Suspension of covenants, agreements and instruments
(1)  For the purpose of enabling development on land in any zone to be carried out in accordance with this Plan or with a consent granted under the Act, any agreement, covenant or similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose.
(2)  This clause does not apply:
(a)  to a covenant imposed by the Council or that the Council requires to be imposed, or
(b)  to any prescribed instrument within the meaning of section 183A of the Crown Lands Act 1989, or
(c)  to any conservation agreement within the meaning of the National Parks and Wildlife Act 1974, or
(d)  to any Trust agreement within the meaning of the Nature Conservation Trust Act 2001, or
(e)  to any property vegetation plan within the meaning of the Native Vegetation Act 2003, or
(f)  to any biobanking agreement within the meaning of Part 7A of the Threatened Species Conservation Act 1995.
(3)  This clause does not affect the rights or interests of any public authority under any registered instrument.
(4)  Under section 28 of the Act, the Governor, before the making of this clause, approved of subclauses (1)–(3).
cl 1.9A: Am 2011 (363), Sch 9 [1].
Part 2 Permitted or prohibited development
2.1   Land use zones
The land use zones under this Plan are as follows:
Rural Zones
RU1 Primary Production
RU2 Rural Landscape
RU3 Forestry
RU5 Village
RU6 Transition
Residential Zones
R1 General Residential
R2 Low Density Residential
R5 Large Lot Residential
Business Zones
B1 Neighbourhood Centre
B2 Local Centre
B3 Commercial Core
B4 Mixed Use
B6 Enterprise Corridor
Industrial Zones
IN1 General Industrial
IN2 Light Industrial
IN3 Heavy Industrial
Special Purpose Zones
SP2 Infrastructure
Recreation Zones
RE1 Public Recreation
RE2 Private Recreation
Environment Protection Zones
E1 National Parks and Nature Reserves
E2 Environmental Conservation
E3 Environmental Management
E4 Environmental Living
2.2   Zoning of land to which Plan applies
For the purposes of this Plan, land is within the zones shown on the Land Zoning Map.
2.3   Zone objectives and Land Use Table
(1)  The Land Use Table at the end of this Part specifies for each zone:
(a)  the objectives for development, and
(b)  development that may be carried out without development consent, and
(c)  development that may be carried out only with development consent, and
(d)  development that is prohibited.
(2)  The consent authority must have regard to the objectives for development in a zone when determining a development application in respect of land within the zone.
(3)  In the Land Use Table at the end of this Part:
(a)  a reference to a type of building or other thing is a reference to development for the purposes of that type of building or other thing, and
(b)  a reference to a type of building or other thing does not include (despite any definition in this Plan) a reference to a type of building or other thing referred to separately in the Land Use Table in relation to the same zone.
(4)  This clause is subject to the other provisions of this Plan.
Notes—
1   
Schedule 1 sets out additional permitted uses for particular land.
2   
Schedule 2 sets out exempt development (which is generally exempt from both Parts 4 and 5 of the Act). Development in the land use table that may be carried out without consent is nevertheless subject to the environmental assessment and approval requirements of Part 5 of the Act or, if applicable, Part 3A of the Act.
3   
Schedule 3 sets out complying development (for which a complying development certificate may be issued as an alternative to obtaining development consent).
4   
Clause 2.6 requires consent for subdivision of land.
5   
Part 5 contains other provisions which require consent for particular development.
cl 2.3: Am 2009 (93), Sch 1 [2].
cl 2.6BB: Ins 2010 (162), Sch 1.2 [4].
2.4   Unzoned land
(1)  Development may be carried out on unzoned land only with development consent.
(2)  In deciding whether to grant development consent, the consent authority:
(a)  must consider whether the development will impact on adjoining zoned land and, if so, consider the objectives for development in the zones of the adjoining land, and
(b)  must be satisfied that the development is appropriate and is compatible with permissible land uses in any such adjoining land.
2.5   Additional permitted uses for particular land
(1)  Development on particular land that is described or referred to in Schedule 1 may be carried out:
(a)  with development consent, or
(b)  if the Schedule so provides—without development consent,
in accordance with the conditions (if any) specified in that Schedule in relation to that development.
(2)  This clause has effect despite anything to the contrary in the Land Use Table or other provision of this Plan.
2.6   Subdivision—consent requirements
(1)  Land to which this Plan applies may be subdivided, but only with development consent.
Notes—
1   
If a subdivision is specified as exempt development in an applicable environmental planning instrument, such as this Plan or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, the Act enables it to be carried out without development consent.
2   
Part 6 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 provides that the strata subdivision of a building in certain circumstances is complying development.
(2)  Development consent must not be granted for the subdivision of land on which a secondary dwelling is situated if the subdivision would result in the principal dwelling and the secondary dwelling being situated on separate lots, unless the resulting lots are not less than the minimum size shown on the Lot Size Map in relation to that land.
Note—
The definition of secondary dwelling in the Dictionary requires the dwelling to be on the same lot of land as the principal dwelling.
2.6A, 2.6B   (Repealed)
cll 2.6A, 2.6B: Rep 2010 (162), Sch 1.2 [3].
2.6C   
(Renumbered as cl 7.1A)
cl 2.6C: Renumbered as cl 7.1A, 2011 (363), Sch 9 [2].
2.7   Demolition requires development consent
The demolition of a building or work may be carried out only with development consent.
Note—
If the demolition of a building or work is identified in an applicable environmental planning instrument, such as this Plan or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, as exempt development, the Act enables it to be carried out without development consent.
2.8   Temporary use of land
(1)  The objective of this clause is to provide for the temporary use of land if the use does not compromise future development of the land, or have detrimental economic, social, amenity or environmental effects on the land.
(2)  Despite any other provision of this Plan, development consent may be granted for development on land in any zone for a temporary use for a maximum period of 52 days (whether or not consecutive days) in any period of 12 months.
(3)  Development consent must not be granted unless the consent authority is satisfied that:
(a)  the temporary use will not prejudice the subsequent carrying out of development on the land in accordance with this Plan and any other applicable environmental planning instrument, and
(b)  the temporary use will not adversely impact on any adjoining land or the amenity of the neighbourhood, and
(c)  the temporary use and location of any structures related to the use will not adversely impact on environmental attributes or features of the land, or increase the risk of natural hazards that may affect the land, and
(d)  at the end of the temporary use period the land will, as far as is practicable, be restored to the condition in which it was before the commencement of the use.
(4)  Despite subclause (2), the temporary use of a dwelling as a sales office for a new release area or a new housing estate may exceed the maximum number of days specified in that subclause.
(5)  Subclause (3) (d) does not apply to the temporary use of a dwelling as a sales office mentioned in subclause (4).
Land Use Table
Note—
A type of development referred to in the Land Use Table is a reference to that type of development only to the extent it is not regulated by an applicable State environmental planning policy. The following State environmental planning policies in particular may be relevant to development on land to which this Plan applies:
State Environmental Planning Policy (Affordable Rental Housing) 2009 (including provision for secondary dwellings)
State Environmental Planning Policy (Infrastructure) 2007—relating to infrastructure facilities such as those that comprise, or are for, air transport, correction, education, electricity generating works and solar energy systems, health services, ports, railways, roads, waste management and water supply systems
Land Use tbl: Am 2009 (517), Sch 2.2 [1] [2]; 2011 (363), Sch 9 [3]–[35]; 2012 (529), Sch 1 [1]–[35]; 2013 (463), Sch 1 [1]–[6]; 2013 (637), Sch 1 [1]; 2017 (493), Sch 1.1 [1]; 2018 (488), Sch 1.1 [1]; 2018 (596), Sch 1 [3].
Zone RU1   Primary Production
1   Objectives of zone
•  To encourage sustainable primary industry production by maintaining and enhancing the natural resource base.
•  To encourage diversity in primary industry enterprises and systems appropriate for the area.
•  To minimise the fragmentation and alienation of resource lands.
•  To minimise conflict between land uses within this zone and with adjoining zones.
•  To promote the use of agricultural land for efficient and effective agricultural production.
•  To avoid or minimise impacts on the natural environment and protect environmentally sensitive land.
•  To allow the development of non-agricultural land uses which are compatible with the character of the zone.
•  To allow the development of processing, service and value-adding industries related to agriculture and primary industry production.
•  To protect and enhance the water quality of receiving watercourses and groundwater systems to reduce land degradation.
•  To minimise the visual impact of development on the rural landscape.
2   Permitted without consent
Environmental facilities; Environmental protection works; Extensive agriculture; Farm buildings; Home occupations; Roads
3   Permitted with consent
Aquaculture; Cellar door premises; Dwelling houses; Extractive industries; Hardware and building supplies; Intensive livestock agriculture; Intensive plant agriculture; Kiosks; Landscaping material supplies; Light industries; Markets; Open cut mining; Plant nurseries; Roadside stalls; Rural supplies; Timber yards; Any other development not specified in item 2 or 4
4   Prohibited
Amusement centres; Attached dwellings; Boat building and repair facilities; Business premises; Dual occupancies; Exhibition homes; Exhibition villages; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Marinas; Mooring pens; Multi dwelling housing; Registered clubs; Residential flat buildings; Restricted premises; Retail premises; Self-storage units; Semi-detached dwellings; Seniors housing; Serviced apartments; Sex services premises; Shop top housing; Vehicle body repair workshops; Vehicle repair stations; Wharf or boating facilities; Wholesale supplies
Zone RU2   Rural Landscape
1   Objectives of zone
•  To encourage sustainable primary industry production by maintaining and enhancing the natural resource base.
•  To maintain the rural landscape character of the land.
•  To provide for a range of compatible land uses, including extensive agriculture.
•  To protect, manage and restore areas with high conservation, scientific, cultural or aesthetic values.
•  To protect and enhance the water quality of receiving watercourses and groundwater systems and reduce their degradation.
•  To preserve environmentally sensitive land, including catchment areas, and prevent development likely to result in environmental harm.
•  To minimise the potential for conflict between adjoining land uses.
2   Permitted without consent
Environmental facilities; Environmental protection works; Extensive agriculture; Farm buildings; Home occupations; Roads
3   Permitted with consent
Agricultural produce industries; Aquaculture; Cellar door premises; Dwelling houses; Hardware and building supplies; Home industries; Kiosks; Landscaping material supplies; Markets; Plant nurseries; Roadside stalls; Rural supplies; Stock and sale yards; Timber yards; Any other development not specified in item 2 or 4
4   Prohibited
Airports; Amusement centres; Attached dwellings; Boat building and repair facilities; Business premises; Camping grounds; Caravan parks; Dual occupancies; Exhibition homes; Exhibition villages; Feedlots; Freight transport facilities; Group homes; Heavy industrial storage establishments; Home occupations (sex services); Hotel or motel accommodation; Industrial retail outlets; Industrial training facilities; Industries; Marinas; Mooring pens; Mortuaries; Multi dwelling housing; Passenger transport facilities; Registered clubs; Residential flat buildings; Restricted premises; Retail premises; Rural industries; Rural workers’ dwellings; Semi-detached dwellings; Seniors housing; Serviced apartments; Service stations; Sex services premises; Storage premises; Transport depots; Vehicle body repair workshops; Vehicle repair stations; Warehouse or distribution centres; Waste or resource management facilities; Wharf or boating facilities; Wholesale supplies
Zone RU3   Forestry
1   Objectives of zone
•  To enable development for forestry purposes.
•  To enable other development that is compatible with forestry land uses.
2   Permitted without consent
Roads; Uses authorised under the Forestry Act 2012 or under Part 5B (Private native forestry) of the Local Land Services Act 2013
3   Permitted with consent
Aquaculture
4   Prohibited
Any development not specified in item 2 or 3
Zone RU5   Village
1   Objectives of zone
•  To provide for a range of land uses, services and facilities that are associated with a rural village.
•  To protect and enhance the quality of water received by surface water and groundwater water sources and reduce their degradation.
2   Permitted without consent
Home occupations; Roads
3   Permitted with consent
Centre-based child care facilities; Community facilities; Dwelling houses; Light industries; Neighbourhood shops; Oyster aquaculture; Places of public worship; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Respite day care centres; Schools; Tank-based aquaculture; Any other development not specified in item 2 or 4
4   Prohibited
Agriculture; Air transport facilities; Airstrips; Animal boarding or training establishments; Correctional centres; Crematoria; Eco-tourist facilities; Electricity generating works; Extractive industries; Farm stay accommodation; Freight transport facilities; Heavy industrial storage establishments; Helipads: Home occupations (sex services); Industrial training facilities; Industries; Liquid fuel depots; Marinas; Mooring pens; Open cut mining; Pond-based aquaculture Restricted premises; Rural industries; Rural workers’ dwellings; Sex services premises; Specialised retail premises; Storage premises; Waste or resource management facilities; Water recreation structures; Wharf or boating facilities
Zone RU6   Transition
1   Objectives of zone
•  To protect and maintain land that provides a transition between rural and other land uses of varying intensities or environmental sensitivities.
•  To minimise conflict between land uses within this zone and land uses within adjoining zones.
2   Permitted without consent
Environmental facilities; Environmental protection works; Extensive agriculture; Home occupations; Roads
3   Permitted with consent
Backpackers’ accommodation; Bed and breakfast accommodation; Cellar door premises; Dwelling houses; Farm stay accommodation; Home industries; Kiosks; Landscaping material supplies; Markets; Oyster aquaculture; Plant nurseries; Roadside stalls; Rural supplies; Tank-based aquaculture; Timber yards; Any other development not specified in item 2 or 4
4   Prohibited
Air transport facilities; Airstrips; Amusement centres; Animal boarding or training establishments; Attached dwellings; Boat building and repair facilities; Business premises; Camping grounds; Caravan parks; Crematoria; Dual occupancies; Electricity generating works; Exhibition homes; Exhibition villages; Group homes; Heavy industrial storage establishments; Heavy industries; Helipads; Highway service centres; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Intensive livestock agriculture; Intensive plant agriculture; Livestock processing industries; Marinas; Mooring pens; Mortuaries; Multi dwelling housing; Passenger transport facilities; Pond-based aquaculture Recreation facilities (major); Registered clubs; Residential flat buildings; Restricted premises; Retail premises; Rural workers’ dwellings; Sawmill or log processing works; Semi-detached dwellings; Seniors housing; Service stations; Sex services premises; Shop top housing; Storage premises; Tourist and visitor accommodation; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Warehouse or distribution centres; Waste or resource management facilities; Water recreation structures; Wharf or boating facilities; Wholesale supplies
Zone R1   General Residential
1   Objectives of zone
•  To provide for the housing needs of the community.
•  To provide for a variety of housing types and densities.
•  To enable other land uses that provide facilities or services to meet the day to day needs of residents.
•  To maintain the economic strength of commercial centres by limiting the retailing of food and clothing.
2   Permitted without consent
Home occupations; Roads
3   Permitted with consent
Attached dwellings; Bed and breakfast accommodation; Boarding houses; Centre-based child care facilities; Community facilities; Dwelling houses; Food and drink premises; Group homes; Home industries; Hostels; Multi dwelling housing; Neighbourhood shops; Oyster aquaculture; Places of public worship; Plant nurseries; Pond-based aquaculture; Residential flat buildings; Respite day care centres; Semi-detached dwellings; Seniors housing; Serviced apartments; Shop top housing; Tank-based aquaculture; Any other development not specified in item 2 or 4
4   Prohibited
Agriculture; Air transport facilities; Airstrips; Amusement centres; Animal boarding or training establishments; Boat building and repair facilities; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Charter and tourism boating facilities; Commercial premises; Correctional centres; Crematoria; Eco-tourist facilities; Electricity generating works; Entertainment facilities; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Function centres; Funeral homes; Heavy industrial storage establishments; Helipads; Highway service centres; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Jetties; Marinas; Mooring pens; Moorings; Mortuaries; Open cut mining; Passenger transport facilities; Recreation facilities (major); Registered clubs; Research stations; Restricted premises; Rural industries; Rural workers’ dwellings; Service stations; Sewerage systems; Sex services premises; Storage premises; Tourist and visitor accommodation; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Veterinary hospitals; Warehouse or distribution centres; Waste or resource management facilities; Water recreation structures; Water supply systems; Wharf or boating facilities; Wholesale supplies
Zone R2   Low Density Residential
1   Objectives of zone
•  To provide for the housing needs of the community within a low density residential environment.
•  To enable other land uses that provide facilities or services to meet the day to day needs of residents.
•  To maintain the economic strength of commercial centres by limiting the retailing of food and clothing.
2   Permitted without consent
Home occupations; Roads
3   Permitted with consent
Boarding houses; Centre-based child care facilities; Dwelling houses; Group homes; Home industries; Neighbourhood shops; Oyster aquaculture; Pond-based aquaculture; Respite day care centres; Tank-based aquaculture; Any other development not specified in item 2 or 4
4   Prohibited
Agriculture; Air transport facilities; Airstrips; Amusement centres; Animal boarding or training establishments; Biosolids treatment facilities; Boat building and repair facilities; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Charter and tourism boating facilities; Commercial premises; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Electricity generating works; Entertainment facilities; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Function centres; Heavy industrial storage establishments; Helipads; Highway service centres; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Jetties; Hostels; Marinas; Mooring pens; Moorings; Mortuaries; Open cut mining; Passenger transport facilities; Recreation facilities (indoor); Recreation facilities (major); Registered clubs; Research stations; Residential care facilities; Residential flat buildings; Restricted premises; Rural industries; Rural workers’ dwellings; Service stations; Sewage treatment plants; Sex services premises; Storage premises; Tourist and visitor accommodation; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Veterinary hospitals; Warehouse or distribution centres; Waste or resource management facilities; Water recreation structures; Water recycling facilities; Water supply systems; Wharf or boating facilities; Wholesale supplies
Zone R5   Large Lot Residential
1   Objectives of zone
•  To provide residential housing in a rural setting while preserving environmentally sensitive locations and scenic quality.
•  To ensure that large residential lots do not hinder the proper and orderly development of urban areas in the future.
•  To ensure that development in the area does not unreasonably increase the demand for public services or public facilities.
•  To minimise conflict between land uses within this zone and land uses within adjoining zones.
•  To facilitate and promote an increased range of residential opportunities by providing for low intensity residential development compatible with the rural characteristics of the locality.
•  To encourage subdivision of land that is consistent with the constraints and opportunities of the land.
2   Permitted without consent
Home occupations; Roads
3   Permitted with consent
Building identification signs; Dwelling houses; Home industries; Oyster aquaculture; Plant nurseries; Pond-based aquaculture; Tank-based aquaculture; Any other development not specified in item 2 or 4
4   Prohibited
Air transport facilities; Airstrips; Amusement centres; Animal boarding or training establishments; Attached dwellings; Biosolids treatment facilities; Boarding houses; Boat building and repair facilities; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Charter and tourism boating facilities; Commercial premises; Correctional centres; Crematoria; Dairies (pasture-based); Eco-tourist facilities; Electricity generating works; Entertainment facilities; Extractive industries; Freight transport facilities; Function centres; Group homes; Heavy industrial storage establishments; Helipads; Highway service centres; Home occupations (sex services); Hostels; Hotel or motel accommodation; Industrial retail outlets; Industrial training facilities; Industries; Intensive livestock agriculture; Intensive plant agriculture; Jetties; Marinas; Mooring pens; Moorings; Mortuaries; Multi dwelling housing; Open cut mining; Passenger transport facilities; Recreation facilities (indoor); Recreation facilities (major); Registered clubs; Research stations; Residential flat buildings; Restricted premises; Rural industries; Rural workers’ dwellings; Service stations; Serviced apartments; Sewage treatment plants; Sex services premises; Signage; Storage premises; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Veterinary hospitals; Warehouse or distribution centres; Waste or resource management facilities; Water recreation structures; Water recycling facilities; Water supply systems; Wharf or boating facilities; Wholesale supplies
Zone B1   Neighbourhood Centre
1   Objectives of zone
•  To provide a range of small-scale retail, business and community uses which serve the needs of people who live or work in the surrounding neighbourhood.
2   Permitted without consent
Home occupations; Roads
3   Permitted with consent
Boarding houses; Business premises; Centre-based child care facilities; Community facilities; Home industries; Medical centres; Neighbourhood shops; Neighbourhood supermarkets; Oyster aquaculture; Respite day care centres; Shop top housing; Tank-based aquaculture; Any other development not specified in item 2 or 4
4   Prohibited
Agriculture; Air transport facilities; Airstrips; Animal boarding or training establishments; Bed and breakfast accommodation; Biosolids treatment facilities; Boat building and repair facilities; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Cellar door premises; Cemeteries; Charter and tourism boating facilities; Correctional centres; Crematoria; Eco-tourist facilities; Electricity generating works; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Farm stay accommodation; Forestry; Freight transport facilities; Heavy industrial storage establishments; Helipads; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Jetties; Liquid fuel depots; Marinas; Mooring pens; Moorings; Open cut mining; Plant nurseries; Pond-based aquaculture Residential accommodation; Restricted premises; Roadside stalls; Rural industries; Sewage treatment plants; Sex services premises; Shops; Specialised retail premises; Timber yards; Transport depots; Truck depots; Waste or resource management facilities; Water recreation structures; Water recycling facilities; Water supply systems; Wharf or boating facilities
Zone B2   Local Centre
1   Objectives of zone
•  To provide a range of retail, business, entertainment and community uses which serve the needs of people who live in, work in and visit the local area.
•  To encourage employment opportunities in accessible locations.
•  To maximise public transport patronage and encourage walking and cycling.
2   Permitted without consent
Home occupations; Roads
3   Permitted with consent
Boarding houses; Centre-based child care facilities; Commercial premises; Community facilities; Educational establishments; Entertainment facilities; Function centres; Information and education facilities; Medical centres; Oyster aquaculture; Passenger transport facilities; Recreation facilities (indoor); Registered clubs; Respite day care centres; Restricted premises; Service stations; Shop top housing; Tank-based aquaculture; Tourist and visitor accommodation; Any other development not specified in item 2 or 4
4   Prohibited
Agriculture; Air transport facilities; Airstrips; Animal boarding or training establishments; Biosolids treatment facilities; Boat building and repair facilities; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Charter and tourism boating facilities; Correctional centres; Crematoria; Eco-tourist facilities; Electricity generating works; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Group homes; Heavy industrial storage establishments; Helipads; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Jetties; Marinas; Mooring pens; Moorings; Open cut mining; Pond-based aquaculture Residential flat buildings; Rural industries; Rural workers’ dwellings; Sewage treatment plants; Sex services premises; Transport depots; Truck depots; Waste or resource management facilities; Water recreation structures; Water recycling facilities; Water supply systems; Wharf or boating facilities
Zone B3   Commercial Core
1   Objectives of zone
•  To provide a wide range of retail, business, office, entertainment, community and other suitable land uses which serve the needs of the local and wider community.
•  To encourage appropriate employment opportunities in accessible locations.
•  To maximise public transport patronage and encourage walking and cycling.
•  To reinforce the status of Goulburn as a regional centre.
•  To ensure the scale and density of development complements the desired future character of the commercial core.
•  To protect the historic importance of Goulburn and protect heritage integrity of its historic built form.
2   Permitted without consent
Roads
3   Permitted with consent
Centre-based child care facilities; Commercial premises; Community facilities; Educational establishments; Entertainment facilities; Function centres; Home industries; Hotel or motel accommodation; Information and education facilities; Medical centres; Oyster aquaculture; Passenger transport facilities; Recreation facilities (indoor); Registered clubs; Respite day care centres; Restricted premises; Shop top housing; Tank-based aquaculture; Any other development not specified in item 2 or 4
4   Prohibited
Agriculture; Air transport facilities; Airstrips; Animal boarding or training establishments; Biosolids treatment facilities; Boat building and repair facilities; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Charter and tourism boating facilities; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Electricity generating works; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Farm stay accommodation; Forestry; Freight transport facilities; Heavy industrial storage establishments; Helipads; Highway service centres; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Jetties; Marinas; Mooring pens; Moorings; Open cut mining; Pond-based aquaculture Recreation facilities (major); Residential accommodation; Rural industries; Service stations; Sewage treatment plants; Sex services premises; Storage premises; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Warehouse or distribution centres; Waste or resource management facilities; Water recreation structures; Water recycling facilities; Water supply systems; Wharf or boating facilities
Zone B4   Mixed Use
1   Objectives of zone
•  To provide a mixture of compatible land uses.
•  To integrate suitable business, office, residential, retail and other development in accessible locations so as to maximise public transport patronage and encourage walking and cycling.
•  To maintain and reinforce the role and function of the Goulburn central business district as a major regional centre.
•  To protect the amenity of the areas surrounding the commercial core from encroachment by commercial and retail development, which should be located within the commercial core because of the demand generated by such development for parking and public infrastructure.
2   Permitted without consent
Home occupations; Roads
3   Permitted with consent
Boarding houses; Centre-based child care facilities; Commercial premises; Community facilities; Educational establishments; Entertainment facilities; Function centres; Hotel or motel accommodation; Information and education facilities; Light industries; Medical centres; Oyster aquaculture; Passenger transport facilities; Recreation facilities (indoor); Registered clubs; Respite day care centres; Restricted premises; Seniors housing; Shop top housing; Tank-based aquaculture; Any other development not specified in item 2 or 4
4   Prohibited
Agriculture; Air transport facilities; Airstrips; Animal boarding or training establishments; Biosolids treatment facilities; Boat building and repair facilities; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Charter and tourism boating facilities; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Electricity generating works; Extractive industries; Farm buildings; Farm stay accommodation; Forestry; Freight transport facilities; Heavy industrial storage establishments; Helipads; Highway service centres; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Jetties; Marinas; Mooring pens; Moorings; Open cut mining; Pond-based aquaculture Recreation facilities (major); Rural industries; Rural workers’ dwellings; Sewage treatment plants; Sex services premises; Storage premises; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Waste or resource management facilities; Water recreation structures; Water recycling facilities; Water supply systems; Wharf or boating facilities
Zone B6   Enterprise Corridor
1   Objectives of zone
•  To promote businesses along main roads and to encourage a mix of compatible uses.
•  To provide a range of employment uses (including business, office, retail and light industrial uses).
•  To maintain the economic strength of centres by limiting the retailing activity.
2   Permitted without consent
Roads
3   Permitted with consent
Agricultural produce industries; Business premises; Commercial premises; Community facilities; Garden centres; Hardware and building supplies; Hotel or motel accommodation; Landscaping material supplies; Light industries; Oyster aquaculture; Passenger transport facilities; Plant nurseries; Tank-based aquaculture; Warehouse or distribution centres; Any other development not specified in item 2 or 4
4   Prohibited
Agriculture; Air transport facilities; Airstrips; Animal boarding or training establishments; Biosolids treatment facilities; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Cellar door premises; Cemeteries; Charter and tourism boating facilities; Correctional centres; Crematoria; Electricity generating works; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Forestry; Heavy industrial storage establishments; Helipads; Home-based child care; Home businesses; Home occupations (sex services); Industries; Jetties; Marinas; Mooring pens; Moorings; Open cut mining; Pond-based aquaculture Recreation facilities (major); Residential accommodation; Rural industries; Sewage treatment plants; Sex services premises; Waste or resources management facilities; Water recreation structures; Water recycling facilities; Water supply systems; Wharf or boating facilities
Zone IN1   General Industrial
1   Objectives of zone
•  To provide a wide range of industrial and warehouse land uses.
•  To encourage employment opportunities.
•  To minimise any adverse effect of industry on other land uses.
•  To support and protect industrial land for industrial uses.
2   Permitted without consent
Roads
3   Permitted with consent
Depots; Extensive agriculture; Freight transport facilities; Funeral homes; Garden centres; General industries; Hardware and building supplies; Industrial training facilities; Kiosks; Landscaping material supplies; Light industries; Markets; Medical centres; Neighbourhood shops; Oyster aquaculture; Places of public worship; Plant nurseries; Rural supplies; Sawmill or log processing works; Stock and sale yards; Tank-based aquaculture; Timber yards; Vehicle sales or hire premises; Warehouse or distribution centres; Any other development not specified in item 2 or 4
4   Prohibited
Agriculture; Air transport facilities; Airstrips; Animal boarding or training establishments; Boat launching ramps; Boat sheds; Business premises; Camping grounds; Caravan parks; Cemeteries; Charter and tourism boating facilities; Eco-tourist facilities; Educational establishments; Exhibition homes; Exhibition villages; Function centres; Health services facilities; Heavy industrial storage establishments; Heavy industries; Helipads; Home-based child care; Home businesses; Home occupations; Home occupations (sex services); Jetties; Marinas; Mooring pens; Moorings; Pond-based aquaculture Recreation facilities (major); Residential accommodation; Restricted premises; Retail premises; Rural industries; Tourist and visitor accommodation; Water recreation structures; Wharf or boating facilities
Zone IN2   Light Industrial
1   Objectives of zone
•  To provide a wide range of light industrial, warehouse and related land uses.
•  To encourage employment opportunities and to support the viability of centres.
•  To minimise any adverse effect of industry on other land uses.
•  To enable other land uses that provide facilities or services to meet the day to day needs of workers in the area.
•  To support and protect industrial land for industrial uses.
2   Permitted without consent
Home occupations; Roads
3   Permitted with consent
Depots; Dwelling houses; Extensive agriculture; Garden centres; Hardware and building supplies; Industrial training facilities; Landscaping material supplies; Light industries; Neighbourhood shops; Oyster aquaculture; Places of public worship; Plant nurseries; Rural supplies; Shop top housing; Tank-based aquaculture; Timber yards; Vehicle sales or hire premises; Warehouse or distribution centres; Any other development not specified in item 2 or 4
4   Prohibited
Agriculture; Air transport facilities; Airstrips; Animal boarding or training establishments; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Charter and tourism boating facilities; Crematoria; Eco-tourist facilities; Educational establishments; Electricity generating works; Exhibition homes; Exhibition villages; Extractive industries; Function centres; Health services facilities; Heavy industrial storage establishments; Helipads; Highway service centres; Home occupations (sex services); Industries; Jetties; Marinas; Mooring pens; Moorings; Pond-based aquaculture Recreation facilities (major); Residential accommodation; Restricted premises; Retail premises; Rural industries; Sex services premises; Tourist and visitor accommodation; Waste or resource management facilities; Water recreation structures; Wharf or boating facilities
Zone IN3   Heavy Industrial
1   Objectives of zone
•  To provide suitable areas for those industries that need to be separated from other land uses.
•  To encourage employment opportunities.
•  To minimise any adverse effect of heavy industry on other land uses.
•  To support and protect industrial land for industrial uses.
•  To recognise and provide for the diverse demands and implications of industry, warehousing, transport and servicing activities and ancillary land uses.
2   Permitted without consent
Roads
3   Permitted with consent
Advertising structures; Depots; Freight transport facilities; General industries; Hazardous storage establishments; Heavy industries; Landscaping material supplies; Offensive storage establishments; Office premises; Oyster aquaculture; Plant nurseries; Rural supplies; Rural workers’ dwellings; Tank-based aquaculture; Timber yards; Warehouse or distribution centres; Any other development not specified in item 2 or 4
4   Prohibited
Air transport facilities; Airstrips; Amusement centres; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Charter and tourism boating facilities; Commercial premises; Correctional centres; Crematoria; Eco-tourist facilities; Educational establishments; Entertainment facilities; Exhibition homes; Exhibition villages; Function centres; Health services facilities; Highway service centres; Home-based child care; Home businesses; Home occupations; Home occupations (sex services); Jetties; Marinas; Mooring pens; Moorings; Mortuaries; Passenger transport facilities; Places of public worship; Pond-based aquaculture Public administration buildings; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Residential accommodation; Respite day care centres; Restricted premises; Service stations; Sex services premises; Signage; Tourist and visitor accommodation; Veterinary hospitals; Water recreation structures; Wharf or boating facilities; Wholesale supplies
Zone SP2   Infrastructure
1   Objectives of zone
•  To provide for infrastructure and related uses.
•  To prevent development that is not compatible with or that may detract from the provision of infrastructure.
2   Permitted without consent
Roads
3   Permitted with consent
Aquaculture; The purpose shown on the Land Zoning Map, including any development that is ordinarily incidental or ancillary to development for that purpose
4   Prohibited
Any development not specified in item 2 or 3
Zone RE1   Public Recreation
1   Objectives of zone
•  To enable land to be used for public open space or recreational purposes.
•  To provide a range of recreational settings and activities and compatible land uses.
•  To protect and enhance the natural environment for recreational purposes.
2   Permitted without consent
Environmental facilities; Environmental protection works; Roads
3   Permitted with consent
Aquaculture; Building identification signs; Camping grounds; Caravan parks; Centre-based child care facilities; Community facilities; Emergency services facilities; Entertainment facilities; Information and education facilities; Kiosks; Markets; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Respite day care centres; Water recreation structures
4   Prohibited
Any development not specified in item 2 or 3
Zone RE2   Private Recreation
1   Objectives of zone
•  To enable land to be used for private open space or recreational purposes.
•  To provide a range of recreational settings and activities and compatible land uses.
•  To protect and enhance the natural environment for recreational purposes.
2   Permitted without consent
Environmental facilities; Environmental protection works; Roads
3   Permitted with consent
Amusement centres; Animal boarding or training establishments; Aquaculture; Backpackers’ accommodation; Bed and breakfast accommodation; Camping grounds; Caravan parks; Centre-based child care facilities; Community facilities; Eco-tourist facilities; Emergency services facilities; Entertainment facilities; Food and drink premises; Function centres; Helipads; Information and education facilities; Kiosks; Markets; Neighbourhood shops; Office premises; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Respite day care centres; Sewerage systems; Signage; Water recreation structures; Water recycling facilities; Water supply systems
4   Prohibited
Any development not specified in item 2 or 3
Zone E1   National Parks and Nature Reserves
1   Objectives of zone
•  To enable the management and appropriate use of land that is reserved under the National Parks and Wildlife Act 1974 or that is acquired under Part 11 of that Act.
•  To enable uses authorised under the National Parks and Wildlife Act 1974.
•  To identify land that is to be reserved under the National Parks and Wildlife Act 1974 and to protect the environmental significance of that land.
2   Permitted without consent
Uses authorised under the National Parks and Wildlife Act 1974; Roads
3   Permitted with consent
Nil
4   Prohibited
Any development not specified in item 2 or 3
Zone E2   Environmental Conservation
1   Objectives of zone
•  To protect, manage and restore areas of high ecological, scientific, cultural or aesthetic values.
•  To prevent development that could destroy, damage or otherwise have an adverse effect on those values.
2   Permitted without consent
Nil
3   Permitted with consent
Backpackers’ accommodation; Bed and breakfast accommodation; Cemeteries; Emergency services facilities; Environmental facilities; Environmental protection works; Extensive agriculture; Farm buildings; Information and education facilities; Oyster aquaculture Recreation areas; Recreation facilities (outdoor); Roads; Signage
4   Prohibited
Business premises; Hotel or motel accommodation; Industries; Multi dwelling housing; Pond-based aquaculture; Recreation facilities (major); Residential flat buildings; Restricted premises; Retail premises; Rural industries; Seniors housing; Service stations; Tank-based aquaculture; Warehouse or distribution centres; Any other development not specified in item 2 or 3
Zone E3   Environmental Management
1   Objectives of zone
•  To protect, manage and restore areas with special ecological, scientific, cultural or aesthetic values.
•  To provide for a limited range of development that does not have an adverse effect on those values.
•  To facilitate the management of water catchment areas, environmentally sensitive land and areas of high conservation value.
2   Permitted without consent
Environmental protection works; Extensive agriculture; Home occupations
3   Permitted with consent
Agriculture; Air strips; Animal boarding or training establishments; Camping grounds; Caravan parks; Cemeteries; Centre-based child care facilities; Community facilities; Depots; Dwelling houses; Eco-tourist facilities; Emergency services facilities; Entertainment facilities; Environmental facilities; Farm buildings; Forestry; Home-based child care; Home businesses; Home industries; Information and education facilities; Oyster aquaculture; Pond-based aquaculture; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Research stations; Roads; Rural workers’ dwellings; Secondary dwellings; Signage; Stock and sale yards; Tank-based aquaculture; Tourist and visitor accommodation; Water recycling facilities
4   Prohibited
Industries; Intensive livestock agriculture; Multi dwelling housing; Residential flat buildings; Retail premises; Rural industries; Seniors housing; Service stations; Serviced apartments; Warehouse or distribution centres; Any other development not specified in item 2 or 3
Zone E4   Environmental Living
1   Objectives of zone
•  To provide for low-impact residential development in areas with special ecological, scientific or aesthetic values.
•  To ensure that residential development does not have an adverse effect on those values.
•  To avoid or minimise impacts on the natural environment and to protect environmentally sensitive land.
2   Permitted without consent
Home occupations; Roads
3   Permitted with consent
Building identification signs; Camping grounds; Cellar door premises; Community facilities; Depots; Dwelling houses; Eco-tourist facilities; Environmental facilities; Environmental protection works; Extensive agriculture; Farm buildings; Forestry; Home-based child care; Home businesses; Home industries; Information and education facilities; Kiosks; Oyster aquaculture; Pond-based aquaculture; Recreation areas; Roadside stalls; Secondary dwellings; Tank-based aquaculture; Tourist and visitor accommodation; Water recycling facilities
4   Prohibited
Hotel or motel accommodation; Industries; Service stations; Serviced apartments; Warehouse or distribution centres; Any other development not specified in item 2 or 3
Part 3 Exempt and complying development
3.1   Exempt development
Note—
Under section 76 of the Act, exempt development may be carried out without the need for development consent under Part 4 of the Act or for assessment under Part 5 of the Act.
The section states that exempt development:
(a)  must be of minimal environmental impact, and
(b)  cannot be carried out in a declared area of outstanding biodiversity value under the Biodiversity Conservation Act 2016 or declared critical habitat under Part 7A of the Fisheries Management Act 1994, and
(c)  cannot be carried out in a wilderness area (identified under the Wilderness Act 1987).
(1)  The objective of this clause is to identify development of minimal environmental impact as exempt development.
(2)  Development specified in Schedule 2 that meets the standards for the development contained in that Schedule and that complies with the requirements of this Part is exempt development.
(3)  To be exempt development, the development:
(a)  must meet the relevant deemed-to-satisfy provisions of the Building Code of Australia or, if there are no such relevant provisions, must be structurally adequate, and
(b)  must not, if it relates to an existing building, cause the building to contravene the Building Code of Australia, and
(c)  must not be designated development, and
(d)  must not be carried out on land that comprises, or on which there is, an item that is listed on the State Heritage Register under the Heritage Act 1977 or that is subject to an interim heritage order under the Heritage Act 1977.
(e)    (Repealed)
(4)  Development that relates to an existing building that is classified under the Building Code of Australia as class 1b or class 2–9 is exempt development only if:
(a)  the building has a current fire safety certificate or fire safety statement, or
(b)  no fire safety measures are currently implemented, required or proposed for the building.
(4A)    (Repealed)
(5)  To be exempt development, the development must:
(a)  be installed in accordance with the manufacturer’s specifications, if applicable, and
(b)  not involve the removal, pruning or other clearing of vegetation that requires a permit, development consent or other approval unless it is undertaken in accordance with a permit, development consent or other approval.
(6)  A heading to an item in Schedule 2 is part of that Schedule.
cl 3.1: Am 2010 (162), Sch 1.2 [5].
3.2   Complying development
(1)  The objective of this clause is to identify development as complying development.
(2)  Development specified in Part 1 of Schedule 3 that is carried out in compliance with:
(a)  the development standards specified in relation to that development, and
(b)  the requirements of this Part,
is complying development.
Note—
See also clause 5.8 (3) which provides that the conversion of fire alarms is complying development in certain circumstances.
(3)  To be complying development, the development must:
(a)  be permissible, with development consent, in the zone in which it is carried out, and
(b)  meet the relevant deemed-to-satisfy provisions of the Building Code of Australia, and
(c)  have an approval, if required by the Local Government Act 1993, from the Council for an on-site effluent disposal system if the development is undertaken on unsewered land.
(4)  A complying development certificate for development specified in Part 1 of Schedule 3 is subject to the conditions (if any) set out or referred to in Part 2 of that Schedule.
(4A)    (Repealed)
(5)  A heading to an item in Schedule 3 is part of that Schedule.
cl 3.2: Am 2010 (162), Sch 1.2 [6].
3.3   Environmentally sensitive areas excluded
(1)  Exempt or complying development must not be carried out on any environmentally sensitive area for exempt or complying development.
(2)  For the purposes of this clause:
environmentally sensitive area for exempt or complying development means any of the following:
(a)  the coastal waters of the State,
(b)  a coastal lake,
(c)  land within the coastal wetlands and littoral rainforests area (within the meaning of the Coastal Management Act 2016),
(d)  land reserved as an aquatic reserve under the Fisheries Management Act 1994 or as a marine park under the Marine Parks Act 1997,
(e)  land within a wetland of international significance declared under the Ramsar Convention on Wetlands or within a World heritage area declared under the World Heritage Convention,
(f)  land within 100 metres of land to which paragraph (c), (d) or (e) applies,
(g)  land identified in this or any other environmental planning instrument as being of high Aboriginal cultural significance or high biodiversity significance,
(h)  land reserved under the National Parks and Wildlife Act 1974 or land acquired under Part 11 of that Act,
(i)  land reserved or dedicated under the Crown Lands Act 1989 for the preservation of flora, fauna, geological formations or for other environmental protection purposes,
(j)  land that is a declared area of outstanding biodiversity value under the Biodiversity Conservation Act 2016 or declared critical habitat under Part 7A of the Fisheries Management Act 1994.
Part 4 Principal development standards
4.1   Minimum subdivision lot size
(1)  The objectives of this clause are as follows:
(a)  to provide a minimum lot size for the subdivision of land.
(2)  This clause applies to a subdivision of any land shown on the Lot Size Map that requires development consent and that is carried out after the commencement of this Plan.
(3)  The size of any lot resulting from a subdivision of land to which this clause applies is not to be less than the minimum size shown on the Lot Size Map in relation to that land.
(4)  This clause does not apply in relation to the subdivision of any land:
(a)  by the registration of a strata plan or strata plan of subdivision under the Strata Schemes Development Act 2015, or
(b)  by any kind of subdivision under the Community Land Development Act 1989.
(4A)  This clause does not apply in relation to the subdivision of land for the purpose of erecting an attached dwelling or a semi-detached dwelling in a residential zone.
4.1AA   Minimum subdivision lot size for community title schemes
(1)  The objectives of this clause are as follows:
(a)  to ensure that land to which this clause applies is not fragmented by subdivisions that would create additional dwelling entitlements.
(2)  This clause applies to a subdivision (being a subdivision that requires development consent) under the Community Land Development Act 1989 of land in any of the following zones:
(a)  Zone RU1 Primary Production,
(b)  Zone RU2 Rural Landscape,
(c)  Zone R5 Large Lot Residential,
(d)  Zone E2 Environmental Conservation,
(e)  Zone E3 Environmental Management,
(f)  Zone E4 Environmental Living,
but does not apply to a subdivision by the registration of a strata plan.
(3)  The size of any lot resulting from a subdivision of land to which this clause applies (other than any lot comprising association property within the meaning of the Community Land Development Act 1989) is not to be less than the minimum size shown on the Lot Size Map in relation to that land.
(4)  This clause applies despite clause 4.1.
cl 4.1AA: Ins 2011 (363), Sch 9 [36]. Am 2018 (596), Sch 1 [4].
4.1A   Exceptions to minimum lot sizes for certain residential development
(1)  The objective of this clause is to encourage housing diversity without adversely impacting on residential amenity.
(2)  This clause applies to land in the following zones:
(a)  Zone R1 General Residential,
(b)  Zone R2 Low Density Residential.
(3)  Despite clause 4.1, development consent may be granted to a single development application that provides for the subdivision of land and the erection of an attached dwelling or a semi-detached dwelling on each lot resulting from the subdivision, but only if the area of each resulting lot is greater than or equal to 350 square metres.
(4)  Despite clause 4.1 and subclause (3), development consent may be granted to a single development application for development to which this clause applies that is both of the following:
(a)  the subdivision of land into 5 or more lots,
(b)  the erection of an attached dwelling, a semi-detached dwelling or a dwelling house on each lot resulting from the subdivision, if the size of each lot is equal to or greater than 300 square metres.
(5)  This clause does not apply to land on which a heritage item is located.
cl 4.1A: Ins 2012 (323), Sch 1 [2]. Am 2013 (463), Sch 1 [7]; 2018 (596), Sch 1 [5].
4.1B   Minimum lot sizes for multi dwelling housing and residential flat buildings
(1)  The objective of this clause is to achieve planned residential density in certain zones.
(2)  Development consent may be granted to development on a lot in a zone shown in Column 2 of the Table to this clause for a purpose shown in Column 1 of the Table opposite that zone, if the area of the lot is equal to or greater than the area specified for that purpose and shown in Column 3 of the Table.
(3)  This clause does not apply to land on which a heritage item is located.
Column 1
Column 2
Column 3
Multi dwelling housing
Zone R1 General Residential
1,050 square metres
Multi dwelling housing
Zone R2 Low Density Residential
1,050 square metres
Residential flat building
Zone R1 General Residential
1,050 square metres
cl 4.1B: Ins 2012 (323), Sch 1 [2]. Am 2013 (463), Sch 1 [8].
4.1C   Lot averaging subdivision in certain rural, residential and environment protection zones
(1)  The objective of this clause is to ensure that lot sizes and subdivision patterns for residential accommodation conserve and provide protection for the rural and environmental values of the land by encouraging buildings to be appropriately sited.
(2)  This clause applies to land in the following zones:
(a)  Zone RU1 Primary Production,
(b)  Zone RU2 Rural Landscape,
(c)  Zone RU6 Transition,
(d)  Zone R5 Large Lot Residential,
(e)  Zone E3 Environmental Management,
(f)  Zone E4 Environmental Living.
(3)  Despite the other provisions of this Plan, development consent may be granted for the subdivision of land to which this clause applies that requires development consent (whether or not the subdivision is under the Community Land Development Act 1989) to create lots of any size if:
(a)  the consent authority is satisfied that the land to be subdivided is proposed to be used for the purpose of residential accommodation, and
(b)  the average area of the lots resulting from the subdivision will not be less than the minimum size shown on the Lot Size Map for the relevant land, and
(c)  the consent authority is satisfied that the development retains, and is complementary to, the rural and environmental attributes of the land and its surrounds, and
(d)  in relation to land in Zone E3 Environmental Management or Zone E4 Environmental Living, each lot resulting from the subdivision will have an area of at least 10 hectares.
(4)  Development consent must not be granted for the subdivision of a lot created under this clause unless the consent authority is satisfied that:
(a)  the lots to be created will not be used for the purpose of residential accommodation, and
(b)  the subdivision will not result in any significant adverse environmental impacts on the land being subdivided.
cl 4.1C: Ins 2012 (323), Sch 1 [2]. Am 2013 (637), Sch 1 [2]–[4]; 2018 (596), Sch 1 [6]; 2019 No 1, Sch 2.15.
4.1D   Boundary adjustments in certain rural and environmental zones
(1)  The objective of this clause is to facilitate boundary adjustments between lots where one or more resultant lots do not meet the minimum lot size shown on the Lot Size Map in relation to that land but the objectives of the relevant zone can be achieved.
(2)  This clause applies to land in the following zones:
(a)  Zone RU1 Primary Production,
(b)  Zone RU2 Rural Landscape,
(c)  Zone RU6 Transition,
(d)  Zone E3 Environmental Management,
(e)  Zone E4 Environmental Living.
(3)  Despite clause 4.1, development consent may be granted to the subdivision of land to which this clause applies by way of boundary adjustment between adjoining lots, where one or more of the resultant lots do not meet the minimum lot size shown on the Lot Size Map in relation to that land, but only if the consent authority is satisfied that:
(a)  the subdivision will not create additional lots or the opportunity for additional dwellings, and
(b)  the subdivision will not result in fragmentation and alienation of resource lands or lands with natural and ecological values, and
(c)  actual or potential land use conflict will be minimised, and
(d)  the rural character, environmental heritage and scenic quality of the land will not be adversely affected.
cll 4.1D, 4.1E: Ins 2018 (596), Sch 1 [7].
4.1E   Minimum subdivision lot size for certain split zones
(1)  The objective of this clause are as follows:
(a)  to provide for the subdivision of lots that are within more than one zone but cannot be subdivided under clause 4.1,
(b)  to ensure that the subdivision occurs in a manner that promotes sustainable land uses.
(2)  This clause applies to any lot (an original lot) that contains:
(a)  land in Zone R1 General Residential, Zone R2 Low Density Residential or Zone R5 Large Lot Residential, and
(b)  land in Zone RU2 Rural Landscape, Zone RU6 Transition, Zone E2 Environmental Conservation or Zone E3 Environmental Management.
(3)  Despite clause 4.1, development consent may be granted to the subdivision of an original lot if:
(a)  one of the resulting lots will contain:
(i)  land in Zone R1 General Residential, Zone R2 Low Density Residential or Zone R5 Large Lot Residential that has an area greater than or equal to the minimum lot size shown on the Lot Size Map in relation to that land, and
(ii)  all of the land that is in Zone RU2 Rural Landscape, Zone RU6 Transition, Zone E2 Environmental Conservation or Zone E3 Environmental Management, and
(b)  all other resulting lots have an area greater than or equal to the minimum lot size shown on the Lot Size Map in relation to that land.
(4)  For the purposes of calculating an area of land under subclause (3), the area of any access handle used for the purpose of providing vehicular access from the lot to a road is not to be included.
cll 4.1D, 4.1E: Ins 2018 (596), Sch 1 [7].
4.2   Rural subdivision
(1)  The objective of this clause is to provide flexibility in the application of standards for subdivision in rural zones to allow land owners a greater chance to achieve the objectives for development in the relevant zone.
(2)  This clause applies to the following rural zones:
(a)  Zone RU1 Primary Production,
(b)  Zone RU2 Rural Landscape,
(baa)  Zone RU3 Forestry,
(c)  Zone RU4 Primary Production Small Lots,
(d)  Zone RU6 Transition.
(3)  Land in a zone to which this clause applies may, with development consent, be subdivided for the purpose of primary production to create a lot of a size that is less than the minimum size shown on the Lot Size Map in relation to that land.
(4)  However, such a lot cannot be created if an existing dwelling would, as the result of the subdivision, be situated on the lot.
(5)  A dwelling cannot be erected on such a lot.
Note—
A dwelling includes a rural worker’s dwelling (see definition of that term in the Dictionary).
4.2A   Erection of dwelling houses on land in certain rural and environmental zones
(1)  This clause applies to land in the following zones:
Zone RU1 Primary Production,
Zone RU2 Rural Landscape,
Zone RU3 Forestry,
Zone RU6 Transition,
Zone E2 Environmental Conservation,
Zone E3 Environmental Management.
(2)  Development consent must not be granted for the erection of a dwelling house on a lot in a zone to which this clause applies, and on which no dwelling house has been erected, unless the lot is:
(a)  a lot created in accordance with this Plan, or
(b)  a lot created before this Plan commenced and on which the erection of a dwelling house was permissible immediately before that commencement, or
(c)  a lot created before this Plan commenced that is at least the minimum lot size specified for that lot by the Lot Size Map, or
(d)  a lot for which subdivision approval was granted before this Plan commenced and on which the erection of a dwelling house would have been permissible immediately before that commencement, or
(e)  an existing holding.
Note—
A dwelling cannot be erected on a lot created under clause 9 of State Environmental Planning Policy (Rural Lands) 2008 or clause 4.2.
(3)  Despite any other provision of this clause, development consent may be granted for the erection of a dwelling house on land in a zone to which this clause applies if:
(a)  there is a lawfully erected dwelling house on the land and the dwelling house to be erected is intended only to replace the existing dwelling house, or
(b)  the land would have been a lot or a holding referred to in subclause (2) had it not been affected by:
(i)  a minor realignment of its boundaries that did not create an additional lot, or
(ii)  a subdivision creating or widening a public road or public reserve or for another public purpose.
(4)  In this clause:
existing holding means all adjoining land, even if separated by a road or railway, held in the same ownership:
(a)  on 15 May 1970, and
(b)  at the time of lodging a development application for the erection of a dwelling house under this clause,
and includes any other land adjoining that land acquired by the owner since 15 May 1970.
cl 4.2A: Am 2009 (93), Sch 1 [3] (am 2009 No 56, Sch 2.20); 2018 (596), Sch 1 [8].
4.2B   Minimum subdivision lot size for strata subdivision of residential or tourist and visitor accommodation in certain zones
(1)  The objective of this clause is to ensure that land to which this clause applies is not fragmented by subdivisions that would create additional dwelling entitlements.
(2)  This clause applies to land in the following zones that is used, or proposed to be used, for residential accommodation or tourist and visitor accommodation:
(a)  Zone RU1 Primary Production,
(b)  Zone RU2 Rural Landscape,
(c)  Zone R5 Large Lot Residential,
(d)  Zone E2 Environmental Conservation,
(e)  Zone E3 Environmental Management,
(f)  Zone E4 Environmental Living.
(3)  Development consent must not be granted for the subdivision of a lot to which this clause applies under a strata plan that would create lots below the minimum size shown on the Lot Size Map for that land.
Note—
See note 2 to clause 2.6 (1).
cl 4.2B: Am 2011 (363), Sch 9 [37] [38]; 2018 (596), Sch 1 [9].
4.3   Height of buildings
(1)  The objectives of this clause are as follows:
(a)  to ensure the height of buildings complements the streetscape or the rural character of the area in which the buildings are located,
(b)  to protect the heritage character and significance of buildings and avoid an adverse effect on the integrity of heritage items,
(c)  to ensure the height of buildings protects the amenity of neighbouring properties in terms of visual bulk, access to sunlight, privacy and views.
(2)  The height of a building on any land is not to exceed the maximum height shown for the land on the Height of Buildings Map.
4.4   Floor space ratio
(1)  The objectives of this clause are as follows:
(a)  to ensure the bulk and scale of development does not have an unacceptable impact on the streetscape and character of the area in which the development is located.
(2)  The maximum floor space ratio for a building on any land is not to exceed the floor space ratio shown for the land on the Floor Space Ratio Map.
4.5   Calculation of floor space ratio and site area
(1) Objectives The objectives of this clause are as follows:
(a)  to define floor space ratio,
(b)  to set out rules for the calculation of the site area of development for the purpose of applying permitted floor space ratios, including rules to:
(i)  prevent the inclusion in the site area of an area that has no significant development being carried out on it, and
(ii)  prevent the inclusion in the site area of an area that has already been included as part of a site area to maximise floor space area in another building, and
(iii)  require community land and public places to be dealt with separately.
(2) Definition of “floor space ratio” The floor space ratio of buildings on a site is the ratio of the gross floor area of all buildings within the site to the site area.
(3) Site area In determining the site area of proposed development for the purpose of applying a floor space ratio, the site area is taken to be:
(a)  if the proposed development is to be carried out on only one lot, the area of that lot, or
(b)  if the proposed development is to be carried out on 2 or more lots, the area of any lot on which the development is proposed to be carried out that has at least one common boundary with another lot on which the development is being carried out.
In addition, subclauses (4)–(7) apply to the calculation of site area for the purposes of applying a floor space ratio to proposed development.
(4) Exclusions from site area The following land must be excluded from the site area:
(a)  land on which the proposed development is prohibited, whether under this Plan or any other law,
(b)  community land or a public place (except as provided by subclause (7)).
(5) Strata subdivisions The area of a lot that is wholly or partly on top of another or others in a strata subdivision is to be included in the calculation of the site area only to the extent that it does not overlap with another lot already included in the site area calculation.
(6) Only significant development to be included The site area for proposed development must not include a lot additional to a lot or lots on which the development is being carried out unless the proposed development includes significant development on that additional lot.
(7) Certain public land to be separately considered For the purpose of applying a floor space ratio to any proposed development on, above or below community land or a public place, the site area must only include an area that is on, above or below that community land or public place, and is occupied or physically affected by the proposed development, and may not include any other area on which the proposed development is to be carried out.
(8) Existing buildings The gross floor area of any existing or proposed buildings within the vertical projection (above or below ground) of the boundaries of a site is to be included in the calculation of the total floor space for the purposes of applying a floor space ratio, whether or not the proposed development relates to all of the buildings.
(9) Covenants to prevent “double dipping” When development consent is granted to development on a site comprised of 2 or more lots, a condition of the consent may require a covenant to be registered that prevents the creation of floor area on a lot (the restricted lot) if the consent authority is satisfied that an equivalent quantity of floor area will be created on another lot only because the site included the restricted lot.
(10) Covenants affect consolidated sites If:
(a)  a covenant of the kind referred to in subclause (9) applies to any land (affected land), and
(b)  proposed development relates to the affected land and other land that together comprise the site of the proposed development,
the maximum amount of floor area allowed on the other land by the floor space ratio fixed for the site by this Plan is reduced by the quantity of floor space area the covenant prevents being created on the affected land.
(11) Definition In this clause, public place has the same meaning as it has in the Local Government Act 1993.
4.6   Exceptions to development standards
(1)  The objectives of this clause are as follows:
(a)  to provide an appropriate degree of flexibility in applying certain development standards to particular development,
(b)  to achieve better outcomes for and from development by allowing flexibility in particular circumstances.
(2)  Development consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this clause does not apply to a development standard that is expressly excluded from the operation of this clause.
(3)  Development consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating:
(a)  that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and
(b)  that there are sufficient environmental planning grounds to justify contravening the development standard.
(4)  Development consent must not be granted for development that contravenes a development standard unless:
(a)  the consent authority is satisfied that:
(i)  the applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3), and
(ii)  the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out, and
(b)  the concurrence of the Secretary has been obtained.
(5)  In deciding whether to grant concurrence, the Secretary must consider:
(a)  whether contravention of the development standard raises any matter of significance for State or regional environmental planning, and
(b)  the public benefit of maintaining the development standard, and
(c)  any other matters required to be taken into consideration by the Secretary before granting concurrence.
(6)  Development consent must not be granted under this clause for a subdivision of land in Zone RU1 Primary Production, Zone RU2 Rural Landscape, Zone RU3 Forestry, Zone RU4 Primary Production Small Lots, Zone RU6 Transition, Zone R5 Large Lot Residential, Zone E2 Environmental Conservation, Zone E3 Environmental Management or Zone E4 Environmental Living if:
(a)  the subdivision will result in 2 or more lots of less than the minimum area specified for such lots by a development standard, or
(b)  the subdivision will result in at least one lot that is less than 90% of the minimum area specified for such a lot by a development standard.
Note—
When this Plan was made it did not include Zone RU4 Primary Production Small Lots.
(7)  After determining a development application made pursuant to this clause, the consent authority must keep a record of its assessment of the factors required to be addressed in the applicant’s written request referred to in subclause (3).
(8)  This clause does not allow development consent to be granted for development that would contravene any of the following:
(a)  a development standard for complying development,
(b)  a development standard that arises, under the regulations under the Act, in connection with a commitment set out in a BASIX certificate for a building to which State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 applies or for the land on which such a building is situated,
(c)  clause 5.4,
(ca)  clause 4.1C or 7.6.
cl 4.6: Am 2011 (363), Sch 9 [39]; 2013 (463), Sch 1 [9]; 2018 (596), Sch 1 [10].
Part 5 Miscellaneous provisions
5.1   Relevant acquisition authority
(1)  The objective of this clause is to identify, for the purposes of section 27 of the Act, the authority of the State that will be the relevant authority to acquire land reserved for certain public purposes if the land is required to be acquired under Division 3 of Part 2 of the Land Acquisition (Just Terms Compensation) Act 1991 (the owner-initiated acquisition provisions).
Note—
If the landholder will suffer hardship if there is any delay in the land being acquired by the relevant authority, section 23 of the Land Acquisition (Just Terms Compensation) Act 1991 requires the authority to acquire the land.
(2)  The authority of the State that will be the relevant authority to acquire land, if the land is required to be acquired under the owner-initiated acquisition provisions, is the authority of the State specified below in relation to the land shown on the Land Reservation Acquisition Map (or, if an authority of the State is not specified in relation to land required to be so acquired, the authority designated or determined under those provisions).
Type of land shown on Map
Authority of the State
Zone RE1 Public Recreation and marked “Local open space”
Council
Zone RE1 Public Recreation and marked “Regional open space”
The corporation constituted under section 8 of the Act
Zone SP2 Infrastructure and marked “Classified road”
Roads and Maritime Services
Zone E1 National Parks and Nature Reserves and marked “National Park”
Minister administering the National Parks and Wildlife Act 1974
Note—
If land, other than land specified in the Table to subclause (2), is required to be acquired under the owner-initiated acquisition provisions, the Minister for Planning is required to take action to enable the designation of the acquiring authority under this Part. Pending the designation of the acquiring authority for that land, the acquiring authority is to be the authority determined by order of the Minister for Planning (see section 21 of the Land Acquisition (Just Terms Compensation) Act 1991).
(3)  Development on land acquired by an authority of the State under the owner-initiated acquisition provisions may, before it is used for the purpose for which it is reserved, be carried out, with development consent, for any purpose.
5.2   Classification and reclassification of public land
(1)  The objective of this clause is to enable the Council to classify or reclassify public land as “operational land” or “community land” in accordance with Part 2 of Chapter 6 of the Local Government Act 1993.
Note—
Under the Local Government Act 1993, “public land” is generally land vested in or under the control of a council (other than roads, Crown reserves and commons). The classification or reclassification of public land may also be made by a resolution of the Council under section 31, 32 or 33 of the Local Government Act 1993. Section 30 of that Act enables this Plan to discharge trusts on which public reserves are held if the land is reclassified under this Plan as operational land.
(2)  The public land described in Part 1 or Part 2 of Schedule 4 is classified, or reclassified, as operational land for the purposes of the Local Government Act 1993.
(3)  The public land described in Part 3 of Schedule 4 is classified, or reclassified, as community land for the purposes of the Local Government Act 1993.
(4)  The public land described in Part 1 of Schedule 4:
(a)  does not cease to be a public reserve to the extent (if any) that it is a public reserve, and
(b)  continues to be affected by any trusts, estates, interests, dedications, conditions, restrictions or covenants that affected the land before its classification, or reclassification, as operational land.
(5)  The public land described in Part 2 of Schedule 4, to the extent (if any) that it is a public reserve, ceases to be a public reserve when the description of the land is inserted into that Part and is discharged from all trusts, estates, interests, dedications, conditions, restrictions and covenants affecting the land or any part of the land, except:
(a)  those (if any) specified for the land in Column 3 of Part 2 of Schedule 4, and
(b)  any reservations that except land out of the Crown grant relating to the land, and
(c)  reservations of minerals (within the meaning of the Crown Lands Act 1989).
Note—
In accordance with section 30 (2) of the Local Government Act 1993, the approval of the Governor to subclause (5) applying to the public land concerned is required before the description of the land is inserted in Part 2 of Schedule 4.
5.3   Development near zone boundaries
(1)  The objective of this clause is to provide flexibility where the investigation of a site and its surroundings reveals that a use allowed on the other side of a zone boundary would enable a more logical and appropriate development of the site and be compatible with the planning objectives and land uses for the adjoining zone.
(2)  This clause applies to so much of any land that is within the relevant distance of a boundary between any 2 zones. The relevant distance is 50 metres.
(3)  This clause does not apply to:
(a)  land in Zone RE1 Public Recreation, Zone E1 National Parks and Nature Reserves, Zone E2 Environmental Conservation, Zone E3 Environmental Management or Zone W1 Natural Waterways, or
(aa)  land in Zone E4 Environmental Living, or
(b)  land within the coastal zone, or
(c)  land proposed to be developed for the purpose of sex services or restricted premises.
Note—
When this Plan was made it did not include Zone W1 Natural Waterways.
(4)  Despite the provisions of this Plan relating to the purposes for which development may be carried out, development consent may be granted to development of land to which this clause applies for any purpose that may be carried out in the adjoining zone, but only if the consent authority is satisfied that:
(a)  the development is not inconsistent with the objectives for development in both zones, and
(b)  the carrying out of the development is desirable due to compatible land use planning, infrastructure capacity and other planning principles relating to the efficient and timely development of land.
(5)  This clause does not prescribe a development standard that may be varied under this Plan.
cl 5.3: Am 2011 (363), Sch 9 [40]; 2018 (596), Sch 1 [11].
5.4   Controls relating to miscellaneous permissible uses
(1) Bed and breakfast accommodation If development for the purposes of bed and breakfast accommodation is permitted under this Plan, the accommodation that is provided to guests must consist of no more than 7 bedrooms.
Note—
Any such development that provides for a certain number of guests or rooms may involve a change in the class of building under the Building Code of Australia.
(2) Home businesses If development for the purposes of a home business is permitted under this Plan, the carrying on of the business must not involve the use of more than 30 square metres of floor area.
(3) Home industries If development for the purposes of a home industry is permitted under this Plan, the carrying on of the home industry must not involve the use of more than 30 square metres of floor area.
(4) Industrial retail outlets If development for the purposes of an industrial retail outlet is permitted under this Plan, the retail floor area must not exceed:
(a)  67% of the gross floor area of the industry or rural industry located on the same land as the retail outlet, or
(b)  400 square metres,
whichever is the lesser.
(5) Farm stay accommodation If development for the purposes of farm stay accommodation is permitted under this Plan, the accommodation that is provided to guests must consist of no more than 7 bedrooms.
(6) Kiosks If development for the purposes of a kiosk is permitted under this Plan, the gross floor area must not exceed 100 square metres.
(7) Neighbourhood shops If development for the purposes of a neighbourhood shop is permitted under this Plan, the retail floor area must not exceed 1000 square metres.
(7AA) Neighbourhood supermarkets If development for the purposes of a neighbourhood supermarket is permitted under this Plan, the gross floor area must not exceed 1,000 square metres.
(8) Roadside stalls If development for the purposes of a roadside stall is permitted under this Plan, the gross floor area must not exceed 20 square metres.
(9) Secondary dwellings If development for the purposes of a secondary dwelling is permitted under this Plan, the total floor area of the dwelling (excluding any area used for parking) must not exceed whichever of the following is the greater:
(a)  60 square metres,
(b)  80% of the total floor area of the principal dwelling.
(10) Artisan food and drink industry exclusion If development for the purposes of an artisan food and drink industry is permitted under this Plan in an industrial or rural zone, the floor area used for retail sales (not including any cafe or restaurant area) must not exceed:
(a)  67% of the gross floor area of the industry, or
(b)  400 square metres,
whichever is the lesser.
cl 5.4: Am 2011 (363), Sch 9 [41]; 2018 (406), Sch 1.53 [1] [2].
5.5   (Repealed)
5.6   Architectural roof features
(1)  The objectives of this clause are as follows:
(a)  to provide flexibility in the application of standards for height limitations to allow architectural roof features to exceed the standard in certain circumstances.
(2)  Development that includes an architectural roof feature that exceeds, or causes a building to exceed, the height limits set by clause 4.3 may be carried out, but only with development consent.
(3)  Development consent must not be granted to any such development unless the consent authority is satisfied that:
(a)  the architectural roof feature:
(i)  comprises a decorative element on the uppermost portion of a building, and
(ii)  is not an advertising structure, and
(iii)  does not include floor space area and is not reasonably capable of modification to include floor space area, and
(iv)  will cause minimal overshadowing, and
(b)  any building identification signage or equipment for servicing the building (such as plant, lift motor rooms, fire stairs and the like) contained in or supported by the roof feature is fully integrated into the design of the roof feature.
5.7   Development below mean high water mark
[Not applicable]
5.8   Conversion of fire alarms
(1)  This clause applies to a fire alarm system that can be monitored by Fire and Rescue NSW or by a private service provider.
(2)  The following development may be carried out, but only with development consent:
(a)  converting a fire alarm system from connection with the alarm monitoring system of Fire and Rescue NSW to connection with the alarm monitoring system of a private service provider,
(b)  converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with the alarm monitoring system of another private service provider,
(c)  converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with a different alarm monitoring system of the same private service provider.
(3)  Development to which subclause (2) applies is complying development if it consists only of:
(a)  internal alterations to a building, or
(b)  internal alterations to a building together with the mounting of an antenna, and any support structure, on an external wall or roof of a building so as to occupy a space of not more than 450mm × 100mm × 100mm.
(4)  A complying development certificate for any such complying development is subject to a condition that any building work may only be carried out between 7.00 am and 6.00 pm on Monday to Friday and between 7.00 am and 5.00 pm on Saturday, and must not be carried out on a Sunday or a public holiday.
(5)  In this clause:
private service provider means a person or body that has entered into an agreement that is in force with Fire and Rescue NSW to monitor fire alarm systems.
5.9, 5.9AA   (Repealed)
cl 5.9: Am 2011 (363), Sch 9 [42]; 2012 (529), Sch 1 [36].
5.10   Heritage conservation
Note—
Heritage items (if any) are listed and described in Schedule 5. Heritage conservation areas (if any) are shown on the Heritage Map as well as being described in Schedule 5.
(1) Objectives The objectives of this clause are as follows:
(a)  to conserve the environmental heritage of Goulburn Mulwaree,
(b)  to conserve the heritage significance of heritage items and heritage conservation areas, including associated fabric, settings and views,
(c)  to conserve archaeological sites,
(d)  to conserve Aboriginal objects and Aboriginal places of heritage significance.
(2) Requirement for consent Development consent is required for any of the following:
(a)  demolishing or moving any of the following or altering the exterior of any of the following (including, in the case of a building, making changes to its detail, fabric, finish or appearance):
(i)  a heritage item,
(ii)  an Aboriginal object,
(iii)  a building, work, relic or tree within a heritage conservation area,
(b)  altering a heritage item that is a building by making structural changes to its interior or by making changes to anything inside the item that is specified in Schedule 5 in relation to the item,
(c)  disturbing or excavating an archaeological site while knowing, or having reasonable cause to suspect, that the disturbance or excavation will or is likely to result in a relic being discovered, exposed, moved, damaged or destroyed,
(d)  disturbing or excavating an Aboriginal place of heritage significance,
(e)  erecting a building on land:
(i)  on which a heritage item is located or that is within a heritage conservation area, or
(ii)  on which an Aboriginal object is located or that is within an Aboriginal place of heritage significance,
(f)  subdividing land:
(i)  on which a heritage item is located or that is within a heritage conservation area, or
(ii)  on which an Aboriginal object is located or that is within an Aboriginal place of heritage significance.
(3) When consent not required However, development consent under this clause is not required if:
(a)  the applicant has notified the consent authority of the proposed development and the consent authority has advised the applicant in writing before any work is carried out that it is satisfied that the proposed development:
(i)  is of a minor nature or is for the maintenance of the heritage item, Aboriginal object, Aboriginal place of heritage significance or archaeological site or a building, work, relic, tree or place within the heritage conservation area, and
(ii)  would not adversely affect the heritage significance of the heritage item, Aboriginal object, Aboriginal place, archaeological site or heritage conservation area, or
(b)  the development is in a cemetery or burial ground and the proposed development:
(i)  is the creation of a new grave or monument, or excavation or disturbance of land for the purpose of conserving or repairing monuments or grave markers, and
(ii)  would not cause disturbance to human remains, relics, Aboriginal objects in the form of grave goods, or to an Aboriginal place of heritage significance, or
(c)  the development is limited to the removal of a tree or other vegetation that the Council is satisfied is a risk to human life or property, or
(d)  the development is exempt development.
(4) Effect of proposed development on heritage significance The consent authority must, before granting consent under this clause in respect of a heritage item or heritage conservation area, consider the effect of the proposed development on the heritage significance of the item or area concerned. This subclause applies regardless of whether a heritage management document is prepared under subclause (5) or a heritage conservation management plan is submitted under subclause (6).
(5) Heritage assessment The consent authority may, before granting consent to any development:
(a)  on land on which a heritage item is located, or
(b)  on land that is within a heritage conservation area, or
(c)  on land that is within the vicinity of land referred to in paragraph (a) or (b),
require a heritage management document to be prepared that assesses the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item or heritage conservation area concerned.
(6) Heritage conservation management plans The consent authority may require, after considering the heritage significance of a heritage item and the extent of change proposed to it, the submission of a heritage conservation management plan before granting consent under this clause.
(7) Archaeological sites The consent authority must, before granting consent under this clause to the carrying out of development on an archaeological site (other than land listed on the State Heritage Register or to which an interim heritage order under the Heritage Act 1977 applies):
(a)  notify the Heritage Council of its intention to grant consent, and
(b)  take into consideration any response received from the Heritage Council within 28 days after the notice is sent.
(8) Aboriginal places of heritage significance The consent authority must, before granting consent under this clause to the carrying out of development in an Aboriginal place of heritage significance:
(a)  consider the effect of the proposed development on the heritage significance of the place and any Aboriginal object known or reasonably likely to be located at the place by means of an adequate investigation and assessment (which may involve consideration of a heritage impact statement), and
(b)  notify the local Aboriginal communities, in writing or in such other manner as may be appropriate, about the application and take into consideration any response received within 28 days after the notice is sent.
(9) Demolition of nominated State heritage items The consent authority must, before granting consent under this clause for the demolition of a nominated State heritage item:
(a)  notify the Heritage Council about the application, and
(b)  take into consideration any response received from the Heritage Council within 28 days after the notice is sent.
(10) Conservation incentives The consent authority may grant consent to development for any purpose of a building that is a heritage item or of the land on which such a building is erected, or for any purpose on an Aboriginal place of heritage significance, even though development for that purpose would otherwise not be allowed by this Plan, if the consent authority is satisfied that:
(a)  the conservation of the heritage item or Aboriginal place of heritage significance is facilitated by the granting of consent, and
(b)  the proposed development is in accordance with a heritage management document that has been approved by the consent authority, and
(c)  the consent to the proposed development would require that all necessary conservation work identified in the heritage management document is carried out, and
(d)  the proposed development would not adversely affect the heritage significance of the heritage item, including its setting, or the heritage significance of the Aboriginal place of heritage significance, and
(e)  the proposed development would not have any significant adverse effect on the amenity of the surrounding area.
5.11   Bush fire hazard reduction
Bush fire hazard reduction work authorised by the Rural Fires Act 1997 may be carried out on any land without development consent.
Note—
The Rural Fires Act 1997 also makes provision relating to the carrying out of development on bush fire prone land.
5.12   Infrastructure development and use of existing buildings of the Crown
(1)  This Plan does not restrict or prohibit, or enable the restriction or prohibition of, the carrying out of any development, by or on behalf of a public authority, that is permitted to be carried out with or without development consent, or that is exempt development, under State Environmental Planning Policy (Infrastructure) 2007.
(2)  This Plan does not restrict or prohibit, or enable the restriction or prohibition of, the use of existing buildings of the Crown by the Crown.
5.13   Eco-tourist facilities
(1)  The objectives of this clause are as follows:
(a)  to maintain the environmental and cultural values of land on which development for the purposes of eco-tourist facilities is carried out,
(b)  to provide for sensitively designed and managed eco-tourist facilities that have minimal impact on the environment both on and off-site.
(2)  This clause applies if development for the purposes of an eco-tourist facility is permitted with development consent under this Plan.
(3)  The consent authority must not grant consent under this Plan to carry out development for the purposes of an eco-tourist facility unless the consent authority is satisfied that:
(a)  there is a demonstrated connection between the development and the ecological, environmental and cultural values of the site or area, and
(b)  the development will be located, constructed, managed and maintained so as to minimise any impact on, and to conserve, the natural environment, and
(c)  the development will enhance an appreciation of the environmental and cultural values of the site or area, and
(d)  the development will promote positive environmental outcomes and any impact on watercourses, soil quality, heritage and native flora and fauna will be minimal, and
(e)  the site will be maintained (or regenerated where necessary) to ensure the continued protection of natural resources and enhancement of the natural environment, and
(f)  waste generation during construction and operation will be avoided and that any waste will be appropriately removed, and
(g)  the development will be located to avoid visibility above ridgelines and against escarpments and from watercourses and that any visual intrusion will be minimised through the choice of design, colours, materials and landscaping with local native flora, and
(h)  any infrastructure services to the site will be provided without significant modification to the environment, and
(i)  any power and water to the site will, where possible, be provided through the use of passive heating and cooling, renewable energy sources and water efficient design, and
(j)  the development will not adversely affect the agricultural productivity of adjoining land, and
(k)  the following matters are addressed or provided for in a management strategy for minimising any impact on the natural environment:
(i)  measures to remove any threat of serious or irreversible environmental damage,
(ii)  the maintenance (or regeneration where necessary) of habitats,
(iii)  efficient and minimal energy and water use and waste output,
(iv)  mechanisms for monitoring and reviewing the effect of the development on the natural environment,
(v)  maintaining improvements on an on-going basis in accordance with relevant ISO 14000 standards relating to management and quality control.
cl 5.13: Ins 2011 (363), Sch 9 [43]. Subst 2012 (529), Sch 1 [37].
5.14   Siding Spring Observatory—maintaining dark sky
[Not adopted]
5.15   Defence communications facility
[Not adopted]
5.16   Subdivision of, or dwellings on, land in certain rural, residential or environment protection zones
(1)  The objective of this clause is to minimise potential land use conflict between existing and proposed development on land in the rural, residential or environment protection zones concerned (particularly between residential land uses and other rural land uses).
(2)  This clause applies to land in the following zones:
(a)  Zone RU1 Primary Production,
(b)  Zone RU2 Rural Landscape,
(c)  Zone RU3 Forestry,
(d)  Zone RU4 Primary Production Small Lots,
(e)  Zone RU6 Transition,
(f)  Zone R5 Large Lot Residential,
(g)  Zone E2 Environmental Conservation,
(h)  Zone E3 Environmental Management,
(i)  Zone E4 Environmental Living.
(3)  A consent authority must take into account the matters specified in subclause (4) in determining whether to grant development consent to development on land to which this clause applies for either of the following purposes:
(a)  subdivision of land proposed to be used for the purposes of a dwelling,
(b)  erection of a dwelling.
(4)  The following matters are to be taken into account:
(a)  the existing uses and approved uses of land in the vicinity of the development,
(b)  whether or not the development is likely to have a significant impact on land uses that, in the opinion of the consent authority, are likely to be preferred and the predominant land uses in the vicinity of the development,
(c)  whether or not the development is likely to be incompatible with a use referred to in paragraph (a) or (b),
(d)  any measures proposed by the applicant to avoid or minimise any incompatibility referred to in paragraph (c).
5.17   Artificial waterbodies in environmentally sensitive areas in areas of operation of irrigation corporations
[Not applicable]
5.18   Intensive livestock agriculture
(1)  The objectives of this clause are:
(a)  to ensure appropriate environmental assessment of development for the purpose of intensive livestock agriculture that is permitted with consent under this Plan, and
(b)  to provide for certain capacity thresholds below which development consent is not required for that development subject to certain restrictions as to location.
(2)  This clause applies if development for the purpose of intensive livestock agriculture is permitted with consent under this Plan.
(3)  In determining whether or not to grant development consent under this Plan to development for the purpose of intensive livestock agriculture, the consent authority must take the following into consideration:
(a)  the adequacy of the information provided in the statement of environmental effects or (if the development is designated development) the environmental impact statement accompanying the development application,
(b)  the potential for odours to adversely impact on the amenity of residences or other land uses within the vicinity of the site,
(c)  the potential for the pollution of surface water and ground water,
(d)  the potential for the degradation of soils,
(e)  the measures proposed to mitigate any potential adverse impacts,
(f)  the suitability of the site in the circumstances,
(g)  whether the applicant has indicated an intention to comply with relevant industry codes of practice for the health and welfare of animals,
(h)  the consistency of the proposal with, and any reasons for departing from, the environmental planning and assessment aspects of any guidelines for the establishment and operation of relevant types of intensive livestock agriculture published, and made available to the consent authority, by the Department of Primary Industries (within the Department of Industry) and approved by the Planning Secretary.
(4)  Despite any other provision of this Plan, development for the purpose of intensive livestock agriculture may be carried out without development consent if:
(a)  the development is of a type specified in subclause (5), and
(b)  the consent authority is satisfied that the development will not be located:
(i)  in an environmentally sensitive area, or
(ii)  within 100 metres of a natural watercourse, or
(iii)  in a drinking water catchment, or
(iv)  within 500 metres of any dwelling that is not associated with the development, or a residential zone, or
(v)  if the development is a poultry farm—within 500 metres of another poultry farm.
(5)  The following types of development are specified for the purposes of subclause (4):
(a)  a cattle feedlot having a capacity to accommodate fewer than 50 head of cattle,
(b)  a goat feedlot having a capacity to accommodate fewer than 200 goats,
(c)  a sheep feedlot having a capacity to accommodate fewer than 200 sheep,
(d)  a pig farm having a capacity to accommodate fewer than 20 breeding sows, or fewer than 200 pigs (of which fewer than 20 may be breeding sows),
(e)  a dairy (restricted) having a capacity to accommodate fewer than 50 dairy cows,
(f)  a poultry farm having a capacity to accommodate fewer than 1,000 birds for meat or egg production (or both).
(6)  For the avoidance of doubt, subclause (4) does not apply to development that is prohibited or that may be carried out without development consent under this or any other environmental planning instrument.
(7)  In this clause:
environmentally sensitive area has the same meaning as in clause 1.5 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.
residential zone means Zone RU4 Primary Production Small Lots, Zone RU5 Village, Zone RU6 Transition, Zone R1 General Residential, Zone R2 Low Density Residential, Zone R3 Medium Density Residential, Zone R4 High Density Residential, Zone R5 Large Lot Residential, Zone B4 Mixed Use, Zone B6 Enterprise Corridor, Zone E3 Environmental Management or Zone E4 Environmental Living.
5.19   Pond-based, tank-based and oyster aquaculture
(1) Objectives The objectives of this clause are as follows:
(a)  to encourage sustainable oyster, pond-based and tank-based aquaculture in the State, namely, aquaculture development that uses, conserves and enhances the community’s resources so that the total quality of life now and in the future can be preserved and enhanced,
(b)  to set out the minimum site location and operational requirements for permissible pond-based and tank-based aquaculture development.
(2) Pond-based or tank-based aquaculture—matters of which consent authority must be satisfied before granting consent The consent authority must not grant development consent to carry out development for the purpose of pond-based aquaculture or tank-based aquaculture unless the consent authority is satisfied of the following:
(a)  that the development complies with the site location and operational requirements set out in Part 1 of Schedule 6 for the development,
(b)  in the case of:
(i)  pond-based aquaculture or tank-based aquaculture in Zone R1 General Residential, Zone R2 Low Density Residential or Zone R5 Large Lot Residential—that the development is for the purpose of small scale aquarium fish production, and
(ii)  pond-based aquaculture in Zone E3 Environmental Management or Zone E4 Environmental Living—that the development is for the purpose of extensive aquaculture, and
(iii)  tank-based aquaculture in Zone R3 Medium Density Residential, Zone E3 Environmental Management or Zone E4 Environmental Living—that the development is for the purpose of small scale aquarium fish production, and
(iv)  pond-based aquaculture or tank-based aquaculture in Zone W1 Natural Waterways, Zone W2 Recreational Waterways or Zone W3 Working Waterways—that the development will use waterways to source water.
(3)  The requirements set out in Part 1 of Schedule 6 are minimum requirements and do not limit the matters a consent authority is required to take into consideration under the Act or the conditions that it may impose on any development consent.
(4) Extensive pond-based aquaculture permitted without consent in certain zones Development for the purpose of pond-based aquaculture, that is also extensive aquaculture, may be carried out without development consent if:
(a)  the development is carried out in Zone RU1 Primary Production, Zone RU2 Rural Landscape, Zone RU3 Forestry, Zone RU4 Primary Production Small Lots or Zone RU6 Transition, and
(b)  the development complies with the site location requirements and operational requirements set out in Part 2 of Schedule 6.
(5) Oyster aquaculture—additional matters that consent authority must consider in determining a development application In determining a development application for development for the purpose of oyster aquaculture, the consent authority must consider:
(a)  any provisions of any aquaculture industry development plan that are relevant to the subject of the development application, and
(b)  the NSW Oyster Industry Sustainable Aquaculture Strategy.
(6) Oyster aquaculture permitted without consent in priority oyster aquaculture areas Development for the purpose of oyster aquaculture may be carried out without development consent:
(a)  on land that is wholly within a priority oyster aquaculture area, or
(b)  on land that is partly within and partly outside a priority oyster aquaculture area, but only if the land outside the area is no more than 0.1 hectare in area.
(7) Definitions In this clause:
aquaculture industry development plan means an aquaculture industry development plan published under Part 6 of the Fisheries Management Act 1994.
extensive aquaculture has the same meaning as in the Fisheries Management (Aquaculture) Regulation 2017.
NSW Oyster Industry Sustainable Aquaculture Strategy means the third edition of the publication of that title, as published in 2016 by the Department of Primary Industries (within the Department of Industry).
priority oyster aquaculture area means an area identified as a priority oyster aquaculture area on a map referred to in Chapter 5.3 of the NSW Oyster Industry Sustainable Aquaculture Strategy, being a map a copy of which is held in the head office of the Department of Primary Industries (within the Department of Industry) and published on that Department’s website.
Part 6 Urban release areas
6.1   Arrangements for designated State public infrastructure
(1)  This clause applies to land in an urban release area, but does not apply 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).
(2)  The objective of this clause is to require satisfactory arrangements to be made for the provision of designated State public infrastructure before the subdivision of land in an urban release area to satisfy needs that arise from development on the land, but only if the land is developed intensively for urban purposes.
(3)  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.
(4)  Subclause (3) does not apply to:
(a)  any lot identified in the certificate as a residue lot, or
(b)  any lot to be created by a subdivision of land that was the subject of a previous development consent granted in accordance with this clause, or
(c)  any lot that is proposed in the development application to be reserved or dedicated for public open space, public roads, public utility undertakings, educational facilities or any other public purpose, or
(d)  a subdivision for the purpose only of rectifying an encroachment on any existing lot.
cl 6.1: Am 2011 (363), Sch 9 [44].
6.2   Public utility infrastructure
(1)  Development consent must not be granted for development on land in an urban release area unless the Council is satisfied that any public utility infrastructure that is essential for the proposed development is available or that adequate arrangements have been made to make that infrastructure available when required.
(2)  This clause does not apply to development for the purpose of providing, extending, augmenting, maintaining or repairing any public utility infrastructure.
6.2A   Development control plan
(1)  The objective of this clause is to ensure that development on land in an urban release area occurs in a logical and cost-effective manner, in accordance with a staging plan and only after a development control plan that includes specific controls has been prepared for the land.
(2)  Development consent must not be granted for development on land in an urban release area unless a development control plan that provides for the matters specified in subclause (3) has been prepared for the land.
(3)  The development control plan must provide for all of the following:
(a)  a staging plan for the timely and efficient release of urban land, making provision for necessary infrastructure and sequencing,
(b)  an overall transport movement hierarchy showing the major circulation routes and connections to achieve a simple and safe movement system for private vehicles, public transport, pedestrians and cyclists,
(c)  an overall landscaping strategy for the protection and enhancement of riparian areas and remnant vegetation, including visually prominent locations, and detailed landscaping requirements for both the public and private domain,
(d)  a network of active and passive recreation areas,
(e)  stormwater and water quality management controls,
(f)  amelioration of natural and environmental hazards, including bush fire, flooding and site contamination and, in relation to natural hazards, the safe occupation of, and the evacuation from, any land so affected,
(g)  detailed urban design controls for significant development sites,
(h)  measures to encourage higher density living around transport, open space and service nodes,
(i)  measures to accommodate and control appropriate neighbourhood commercial and retail uses,
(j)  suitably located public facilities and services, including provision for appropriate traffic management facilities and parking.
(4)  Subclause (2) does not apply to any of the following development:
(a)  a subdivision for the purpose of a realignment of boundaries that does not create additional lots,
(b)  a subdivision of land if any of the lots proposed to be created is to be reserved or dedicated for public open space, public roads or any other public or environment protection purpose,
(c)  a subdivision of land in a zone in which the erection of structures is prohibited,
(d)  proposed development on land that is of a minor nature only, if the consent authority is of the opinion that the carrying out of the proposed development would be consistent with the objectives of the zone in which the land is situated.
cl 6.2A: Ins 2013 (463), Sch 1 [10].
6.3   Relationship between Part and remainder of Plan
A provision of this Part prevails over any other provision of this Plan to the extent of any inconsistency.
Part 7 Additional local provisions
7.1   Flood planning
(1)  The objectives of this clause are as follows:
(a)  to maintain the existing flood regime and flow conveyance capacity,
(b)  to enable safe occupation and evacuation of land subject to flooding,
(c)  to avoid significant adverse impacts on flood behaviour,
(d)  to avoid significant effects on the environment that would cause avoidable erosion, siltation, destruction of riparian vegetation or a reduction in the stability of river banks or watercourses,
(e)  to limit uses to those compatible with flow conveyance function and flood hazard.
(2)  This clause applies to land identified as “Flood Planning Area” on the Flood Planning Map.
(3)  Development consent is required for any development on land to which this clause applies.
(4)  Development consent must not be granted for development on land to which this clause applies unless the consent authority is satisfied that the development will not:
(a)  adversely affect flood behaviour resulting in detrimental increases in the potential flood affectation of other development or properties, or
(b)  significantly alter flow distributions and velocities to the detriment of other properties or the environment of the floodplain, or
(c)  affect the safe occupation or evacuation of the land, or
(d)  significantly detrimentally affect the floodplain environment or cause avoidable erosion, siltation, destruction of riparian vegetation or a reduction in the stability of river banks or watercourses, or
(e)  be likely to result in unsustainable social and economic costs to the community as a consequence of flooding, or
(f)  if located in a floodway:
(i)  be incompatible with the flow conveyance function of the floodway, or
(ii)  cause or increase a flood hazard in the floodway.
cl 7.1: Am 2012 (323), Sch 1 [3].
7.1A   Earthworks
(1)  The objectives of this clause are as follows:
(a)  to ensure that any earthworks will not have a detrimental impact on environmental functions and processes, neighbouring uses or heritage items and features of the surrounding land,
(b)  to allow earthworks of a minor nature without separate development consent.
(2)  Development consent is required for earthworks, unless:
(a)  the work is exempt development under this Plan or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, or
(b)  the consent authority is satisfied the earthworks are of a minor nature.
(3)  Before granting development consent for earthworks, the consent authority must consider the following matters:
(a)  the likely disruption of, or any detrimental effect on, existing drainage patterns and soil stability in the locality,
(b)  the effect of the proposed development on the likely future use or redevelopment of the land,
(c)  the quality of the fill or of the soil to be excavated, or both,
(d)  the effect of the proposed development on the existing and likely amenity of adjoining properties,
(e)  the source of any fill material or the destination of any excavated material,
(f)  the likelihood of disturbing Aboriginal objects or other relics,
(g)  proximity to and potential for adverse impacts on any watercourse, drinking water catchment or environmentally sensitive area.
cl 7.1A (previously cl 2.6C): Renumbered 2011 (363), Sch 9 [2].
7.2   Terrestrial biodiversity
(1)  The objectives of this clause are to protect, maintain or improve the diversity of the native vegetation, including:
(a)  protecting biological diversity of native flora and fauna, and
(b)  protecting the ecological processes necessary for their continued existence, and
(c)  encouraging the recovery of threatened species, communities or populations and their habitats.
(2)  This clause applies to development on land that is identified as “Biodiversity” on the Terrestrial Biodiversity Map.
(3)  Development consent must not be granted to development on land to which this clause applies unless the consent authority has considered a report that addresses the following matters:
(a)  identification of any potential adverse impact of the proposed development on any of the following:
(i)  a native vegetation community,
(ii)  the habitat of any threatened species, population or ecological community,
(iii)  a regionally significant species of plant, animal or habitat,
(iv)  a habitat corridor,
(v)  a wetland,
(vi)  the biodiversity values within a reserve, including a road reserve or a stock route, and
(b)  a description of any proposed measures to be undertaken to ameliorate any such potential adverse impact.
(4)  Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied that the development is consistent with the objectives of this clause and:
(a)  the development is designed, sited and managed to avoid the potential adverse environmental impact, or
(b)  if a potential adverse impact cannot be avoided, the development:
(i)  is designed and sited so as to have minimum adverse impact, and
(ii)  incorporates effective measures so as to have minimal adverse impact, and
(iii)  mitigates any residual adverse impact through the restoration of any existing disturbed or modified area on the site.
cl 7.2: Am 2012 (323), Sch 1 [4].
7.3   Subdivision for residential purposes in Zones RU5 and R5
(1)  This clause applies to:
(a)  land in Zone RU5 Village, and
(b)  land in Zone R5 Large Lot Residential.
(2)  Development consent must not be granted for the subdivision of land to which this clause applies for residential purposes unless the consent authority is satisfied that any public utility infrastructure that is essential for the proposed development is available or that adequate arrangements have been made to make that infrastructure available when required.
(3)  For the purpose of considering the availability of public utility infrastructure in subclause (2), the consent authority must include consideration of the following matters:
(a)  water quality associated with the management of effluent disposal and stormwater,
(b)  the provision of an adequate water supply for drinking and for fire fighting purposes.
7.4   Restrictions on development adjoining mineral resource areas
(1)  The objective of this clause is to provide for the proper management and development of mineral and extractive resources for the purpose of promoting social and economic benefits to Goulburn Mulwaree and the State.
(2)  This clause applies to land adjoining, or in the vicinity of, land that is identified as “Mineral resources” on the Mineral Resource Area Map.
(3)  Development consent must not be granted for development on land to which this clause applies unless the consent authority has considered the following:
(a)  whether the proposed development would have any adverse impact on the availability of mineral or extractive resources,
(b)  whether there would be any adverse impact on the proposed development arising from noise, dust, vibration or reduced visual amenity from the mine or extractive industry.
cl 7.4: Am 2012 (323), Sch 1 [5].
7.5   Active street frontages
(1)  The objective of this clause is to promote uses that attract pedestrian traffic along certain ground floor street frontages in Zone B3 Commercial Core and Zone B4 Mixed Use.
(2)  This clause applies to land identified as “Active Street Frontage” on the Active Street Frontages Map.
(3)  Development consent must not be granted for the erection of a building, or a change of use of a building, on land to which this clause applies unless the consent authority is satisfied that the building will have an active street frontage after its erection or change of use.
(4)  Despite subclause (3), an active street frontage is not required for any part of a building that is used for any of the following:
(a)  entrances and lobbies (including as part of mixed use development),
(b)  access for fire services,
(c)  vehicular access.
(5)  In this clause, a building has an active street frontage if all premises on the ground floor of the building:
(a)  are used for the purposes of business premises or retail premises if the premises face the street, and
(b)  have direct pedestrian access from the street.
cll 7.5, 7.6: Ins 2013 (463), Sch 1 [11].
7.6   Gross floor area of shops in Zone B4 and Zone B6
Development consent must not be granted for development for the purpose of shops unless the gross floor area does not exceed:
(a)  if the development is on land in Zone B4 Mixed Use—450 square metres, or
(b)  if the development is on land in Zone B6 Enterprise Corridor—150 square metres.
cll 7.5, 7.6: Ins 2013 (463), Sch 1 [11].
Schedule 1 Additional permitted uses
(Clause 2.5)
1   Use of certain land at 745 Crookwell Road, Kingsdale
(1)  This clause applies to land at 745 Crookwell Road, Kingsdale, being Lot 16, DP 1069310.
(2)  Development for the purpose of a restaurant or cafe is permitted with development consent.
sch 1: Am 2019 (248), cl 4.
Schedule 2 Exempt development
(Clause 3.1)
Note 1—
State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies exempt development under that Policy. The Policy has State-wide application. This Schedule contains additional exempt development not specified in that Policy.
Note 2—
Exempt development may be carried out without the need for development consent under the Act. Such development is not exempt from any approval, licence, permit or authority that is required under any other Act and adjoining owners’ property rights and the common law still apply.
Advertising structures and displays
Erection of an advertising structure and display of an advertisement on it, or the display of an advertisement that is not an advertising structure (other than an illuminated sign in a residential zone), in any of the following circumstances:
(a)  the advertisement and any structure are not visible from outside the site on which they are displayed,
(b)  the advertisement is behind the glass line of a shop window,
(c)  the advertisement is a public notice displayed by a public authority giving information about a service,
(d)  the advertisement is a real estate sign advertising that the premises on which it is displayed are for sale or lease, if the advertisement and any associated structure together have a maximum area of 2.5m2 within Environmental Protection Zones, or 3.5m2 within all other zones,
(e)  the advertisement replaces one lawfully displayed on the same structure,
(f)  the advertisement displays a message relating to the lawful use of the premises on which it is situated, and the advertisement and any associated structure together have:
(i)  a maximum area of:
•  0.75m2 in Zones RU1, RU2, RU5, R1, R2, R5, E2, E3 and E4, or
•  25% of the front elevation of a building on which it is displayed in Zones B2, B3, B4 and B6, or
•  2.5m2 in any other zone, and
(ii)  a maximum height of either 3m above ground level (existing) or the height of the underside of any awning, whichever is the greater, and
if the advertisement is suspended from an awning along a public road, it is not lower than 2.6m above ground/pavement level.
sch 2: Am 2009 (93), Sch 1 [4]–[7]; 2010 (162), Sch 1.2 [7]; 2011 (363), Sch 9 [45].
Schedule 3 Complying development
(Clause 3.2)
Note—
State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies complying development and the complying development conditions for that development under that Policy. The Policy has State-wide application. This Schedule contains additional complying development not specified in that Policy.
Part 1 Complying development
Part 2 Complying development certificate conditions
Note—
Complying development must comply with the requirements of the Act, the regulations under the Act and this Plan.
General conditions
Any development specified in Part 1 is subject to the same conditions set out in Schedule 6 to State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.
sch 3: Am 2009 (93), Sch 1 [8] [9]; 2010 (162), Sch 1.2 [8]; 2011 (363), Sch 9 [46] [47].
Schedule 4 Classification and reclassification of public land
(Clause 5.2)
Part 1 Land classified, or reclassified, as operational land—no interests changed
Column 1
Column 2
Locality
Description
Manfred Park
Land known as Manfred Park, bounded by Clinton Street, Glebe Avenue and Auburn Street, Goulburn, Book 1247, Number 285.
Part 2 Land classified, or reclassified, as operational land—interests changed
Column 1
Column 2
Column 3
Locality
Description
Any trusts etc not discharged
Nil
  
Part 3 Land classified, or reclassified, as community land
Column 1
Column 2
Locality
Description
Nil
 
Schedule 5 Environmental heritage
(Clause 5.10)
Part 1 Heritage Items
Note—
Items of heritage significance showing (*) are also subject to National or Commonwealth listing.
Suburb
Item name
Address
Property description
Significance
Item No
Baw Baw
Bishopthorpe
Bishopthorpe Lane, off Wheeo Road
Lot 51, DP 857094
Local*
I001
Baw Baw
Rossi Bridge
Grabben Gullen Road
Road Reserve
State*
I002
Baw Baw
“Cole Park” Homestead
115 Gurrundah Road
Lot 1, DP 790767
Local
I003
Boxers Creek
Nooga
Boxers Creek Road
Lot 98, DP 802308
Local
I004
Brayton
Brayton Cemetery
Bulls Pit Road, Old South Road
Lot 1, DP 327939
Local
I005
Brayton
Marble Quarry
Bulls Pit Road
Lot 9, DP 750003
Local
I006
Brisbane Grove
Dwelling, “Wyoming”
55 Barretts Lane
Lot 1, DP 794750
Local
I007
Brisbane Grove
Dwelling, “The Towers” (c 1840)
5477 Braidwood Road
Lot 50, DP 1009468
Local
I008
Brisbane Grove
Dwelling, “Allfarthing”
2 Brisbane Grove Road
Lot 73, DP 976708
Local
I009
Brisbane Grove
Dwellings, “Brigadoon” and “Wyandra”
54 and 56 Brisbane Grove Road
Lots 66 and 67, DP 976708
Local
I010
Brisbane Grove
Dwelling, “Sofala”
137 Brisbane Grove Road
Lot 20, DP 976708
Local
I011
Brisbane Grove
Dwelling, “Weston”
242 Brisbane Grove Road
Lot 2, DP 1055961
Local
I012
Brisbane Grove
Dwelling, “Corrinyah”
Corrinyah Road
Lots 6 and 7, DP 594115
Local
I013
Brisbane Grove
Dwelling, “Homeden”
46 Mountain Ash Road
Lot 67, DP 126140
Local
I014
Brisbane Grove
Homestead, “Yattalunga” (1860)
Johnson Lane
Lot 80, DP 976708
Local
I015
Brisbane Grove
Dwelling, “Rosebank”
262 Windellama Road
Lot 4, DP 803430
Local
I016
Bungonia
St Michaels Catholic Church, “Hope Inn” (former)
Eliza Champion Street, Hay Street
Lot 15, DP 89404; Lot 1 and Part Lot 2; Sec 1, DP 758184
Local
I017
Bungonia
Reevesdale
346 Inverary Road
Lot 1, DP 1012650
Local
I018
Bungonia
Inverary Park
710 Inverary Road
Lot 2, DP 84966
Local*
I019
Bungonia
Bungonia Hall
King Street
Lot 1, Sec 20, DP 758184
Local
I020
Bungonia
Bungonia Police Station, Bungonia Public School (former)
King Street
Lots 4 and 8, Sec 19, DP 758184
Local
I021
Bungonia
Bungonia Rifle Range
King Street
Lot 7006, DP 1025596
Local
I022
Bungonia
Christ Church, Anglican
King Street
Lot 18, Sec 3, DP 758184
State
I023
Bungonia
“Victoria Inn”, Ruins
King Street
Lots 13 and 14, Sec 3, DP 758184
Local
I024
Bungonia
The Parsonage
King Street
Lot 7002, DP 1025594
Local
I025
Bungonia
War Memorial
King Street
Lot 1, Sec 19, DP 758184
Local
I026
Bungonia
Bungonia State Recreation Area
Lookdown Road
Reserve
Local*
I027
Bungonia
Caarne Historic Site
Lookdown Road
Part Lot 67, DP 750020
Local*
I028
Bungonia
Brisbane Meadows
393 Lookdown Road
Lot 2, DP 794232
Local
I029
Bungonia
“Lumley Park” Homestead, Outbuildings, Curtilage
Oallen Ford Road
Lot 3, DP 775839
Local*
I030
Bungonia
Cemetery Reserve
Oallen Ford Road
Reserve
Local*
I031
Carrick
Lockyersleigh, Ruins of Kyle
1412 Carrick Road
Lot 2, DP 574255
Local
I032
Carrick
“Lockyersleigh” Homestead, Gardens
1092 Towrang Road
Lot 1, DP 574255
Local
I033
Goulburn
Dwellings, Georgian
5, 7, 9, 11 and 13 Addison Street
Lot 1, DP 712474; Lots 1–4, DP 32582
Local
I034
Goulburn
South Goulburn School Building (c 1880)
19 Addison Street
Lot 19, Sec 56, DP 758468
Local
I035
Goulburn
Church (1884), Rectory
128–130 Addison Street
Lot A, DP 542189; Lots 1 and 2, DP 510683
Local
I036
Goulburn
Dwelling
202 Addison Street
Lot 11, DP 542953
Local
I037
Goulburn
Dwelling, “Pineleigh” (1890)
216 Addison Street
Lot 3, DP 777093
Local
I038
Goulburn
House, Federation
22 Argyle Street
Lot 2, DP 150692
Local
I039
Goulburn
Dwellings
2–6 Auburn Street
Lot B, DP 150983; Lot 4, DP 709365
Local
I040
Goulburn
Dwellings, Terraces (c 1882)
32 and 34 Auburn Street
Lot 2, DP 535758; Lot 1, DP 603711
Local
I041
Goulburn
Dwelling, Victorian Italianate (c 1860)
45 Auburn Street
Lot A, DP 157769
Local
I042
Goulburn
“Tattersall’s Hotel”, Shop
76, 90, 94, 96 and 98 Auburn Street
Lot 1, DP 660925; Lot 1, DP 65543; Lot 1, DP 194492; Lot 1, DP 715887
Local
I043
Goulburn
Shop, Flat above
100 Auburn Street
Lot 1, DP 780541
Local
I044
Goulburn
Shops, Hotel, “Salutation” (former)
103, 105, 107, 109, 111, 113, 115, 117, 119 and 121 Auburn Street
Lot 5, DP 70056; Lot 1, DP 84626; Lot 3, DP 736266; Lot 2, Sec 1, DP 84512; Lot 1, DP 708876; Lots 20 and 21, DP 621874; Lot 1, DP 986490
Local
I045
Goulburn
Shops (c 1925, c 1926)
110, 112 and 114–116 Auburn Street
Lot 3, DP 1085838; Lot 2, DP 997506; Lot 1, DP 196198
Local
I046
Goulburn
Shops, Flats over, Bakery Buildings (former)
126a Auburn Street
Lot 23 and 24, DP 556500
Local
I047
Goulburn
Shops (c 1980, c 1935, c 1940)
127, 129,131, 133 and 137 Auburn Street
Lot 2, DP 797255; Lot 1, DP 618927; Lot 1, DP 711709; Lots A and B, DP 154501
Local
I048
Goulburn
Bank (former, c 1900), Hotel, “Hibernian” (c 1850), Shop (c 1890)
139, 145, 147, 149 and 151 Auburn Street
Lot 1, DP 72817; Lot 11, DP 572439; Lot 1, DP 195143; Lots 1 and 2, DP 872603
Local
I049
Goulburn
Building, Two Storey (c 1880)
146 and 148 Auburn Street
Lot 13, DP 232446; Lot 15, DP 232446
Local
I050
Goulburn
Goulburn Town Hall (former, 1887)
163 Auburn Street
Lot 17, Sec 2, DP 758468
Local*
I051
Goulburn
Building, Two Storey (c 1890)
164 Auburn Street
Lot 2, DP 217779
Local
I052
Goulburn
Post Office (c 1880), Mechanics Institute (c 1860), Technical School (c 1886)
165 and 167 Auburn Street
Lot 1, DP 774508; Lot 1, DP 774822
State*; Local
I053
Goulburn
Belmore Park (1867), Monuments, Rotunda, Vegetation
170 Auburn Street
Lot 701, DP 96772
Local*
I054
Goulburn
Building, Two Storey (c 1887), Department Store (c 1890)
174 and 180–186 Auburn Street
Lot 1, DP 82984; Lot 35, DP 228950; Lot 1, DP 62099; Lot 1, DP 66301; Lot 3, DP 63207; Lot 32, DP 22694; Lot 4, DP 741570
Local
I055
Goulburn
AMP Society Building (1927)
191 Auburn Street
Lot 1, DP 77371
Local*
I056
Goulburn
Buildings, Commercial, “Hollis”, (c 1930)
194, 196a, 198, 202, 206 and 210 Auburn Street
Lot 1, DP 34651; Lot 1, DP 912700; Lot 1, DP 198143; Lot 1, DP 1058169; Lot 1, DP 1043585
Local
I057
Goulburn
Goulburn Post Building, Art Deco
199 Auburn Street
Lots 3 and 4, DP 995381
Local
I058
Goulburn
Building, Two Storey (c 1910)
203 Auburn Street
Lot 1, DP 199993
Local
I059
Goulburn
Building, Two Storey, CML Building (1933)
207 Auburn Street
Lot 1, DP 716965
State
I060
Goulburn
Building, Two Storey (c 1900)
212 Auburn Street
Lot 1, DP 731662
Local
I061
Goulburn
Buildings, Two Storey (c 1900, c 1890, c 1886)
228, 230 and 232 Auburn Street
Lot 1, DP 737801; Lot 1, DP 1042590; Lot 1, DP 783764
Local
I062
Goulburn
Building, Single Storey (c 1930)
249 and 251 Auburn Street
Lot 5, DP 3801
Local
I063
Goulburn
Buildings, Two Storey, Banks (c 1930, c 1920)
253 and 257 Auburn Street
Lot 1, DP 86199; Lot 2, DP 633790
Local
I064
Goulburn
Building, Two Storey, Bank of Australasia (former, c 1910)
256 Auburn Street
Lot 2, DP 924793
Local*
I065
Goulburn
Buildings, Two Storey (c 1930)
276, 278, 280 and 282 Auburn Street
Lot H, I and J, DP 162786; Lot 2, DP 222916
Local
I066
Goulburn
Building, Single Storey (c 1920)
277 Auburn Street
Lot A, DP 331882
Local
I067
Goulburn
Building, Two Storey, “Empire Hotel” (c 1920)
286 Auburn Street
Lot 1, DP 85786
Local
I068
Goulburn
Buildings, Two Storey (c 1890, c 1886, c 1890)
312, 314, 316, 318, 320 and 322–326 Auburn Street
Lot 5, DP 234810; Lot 2, DP 214254; Lot E, DP 163781; Lot D, DP 39211; Lot C, Sec 5, DP 39211; Lot A, DP 39211; Lot 1, DP 77886
Local
I069
Goulburn
Buildings, Two Storey and Single Storey (c 1910, c 1882, c 1930, c 1900, c 1920, c 1892)
330–336, 338–340, 342–344, 346–348, 350, 354 and 356–360 Auburn Street
Lot 1, DP 136821; Lot 1, DP 546737; Lot 2, DP 1101517; Lot M, Sec 19, DP 162785; Lot L, DP 162785; Lot 1, DP 203197; Lot 2, DP 203197; Lot 12, DP 263274; Lot 1, DP 781372; Lot 1, DP 770738; Lot 1, DP 1099144
Local
I070
Goulburn
Buildings, Single Storey and Two Storey (c 1910, c 1907, c 1890, c 1920, c 1930, c 1910, c 1900, c 1940, c 1920)
378, 380, 384, 388, 394, 396, 400–402 and 404 Auburn Street
Lot 1, DP 742230; Lot 11, DP 708995; Lot 1, DP 194283; Lot 1, DP 197616; Lot 3, DP 197616; Lot 6, DP 1100269; Lot 1, DP 770996
Local
I071
Goulburn
Dwellings, Workers Cottages, Georgian
458, 460, 462 and 464 Auburn Street
Lots A, B, C and D, DP 161030
Local
I072
Goulburn
Workers Cottages
2, 4, 6, 8, 10, 12, 14 and 16 Australia Street
Lots 11–15, DP 511501; Lot 8, DP 1100579; Lot 1, DP 798144; Lot 10, DP 997032
Local
I073
Goulburn
Workers Cottages
20, 22, 24, 26, 28 and 30 Australia Street
Lot 1, DP 742411; Lot 1, DP 986309; Lot 24, DP 1106097; Lot 1, DP 199718; Lots 1 and 2, DP 595625
Local
I074
Goulburn
Dwellings, Federation
2 and 4 Belmore Street
Lot 12, DP 831826; Lot 3, DP 744992
Local
I075
Goulburn
Dwelling, Federation
10 Belmore Street
Lot 6, DP 730677
Local
I076
Goulburn
Dwelling
5 Beppo Street
Lot 1, DP 199830
Local
I077
Goulburn
Dwellings, Federation
8 and 10 Beppo Street
Lot 1, DP 742054; Lot 1, DP 742448
Local
I078
Goulburn
Dwellings, Terraces
16 and 18 Beppo Street
Lot 1, DP 995528; Lot 1, DP 196607
Local
I079
Goulburn
Dwelling, “St Kilda Cottage” (former, 1862)
21–23 Beppo Street
Lot 1, DP 32513
Local
I080
Goulburn
Dwelling, Federation
24 Beppo Street
Lot 26, DP 1085848
Local
I081
Goulburn
Dwelling, “Railway Gate House” (c 1869)
Blackshaw Road
Railway land
Local
I082
Goulburn
“Blackshaw’s Wells”
Blackshaw Road
Road reserve
Local
I083
Goulburn
School Building, Two Storey (former)
91 Bourke Street
Lot 2, DP 1060354
Local
I084
Goulburn
Dwelling, “Claremont Manor”
101 Bourke Street
Lot 1, DP 1184873
Local
I085
Goulburn
Dwellings, Two Storey Terraces
118–132 Bourke Street
Lot 1, DP 1043125
Local
I086
Goulburn
Masonic Temple (c 1928), Two Storey Terrace, Commercial
121 and 125 Bourke
Lot 2, DP 831827; Lot 1, DP 986941
Local
I087
Goulburn
Goulburn Technical College (1901), Baptist Church, Dwelling, Victorian
160, 164, 166 and 168 Bourke Street
Lot 10, DP 866386; Part Lot 3, DP 758468; Lot 1, DP 745512; Lot 1, DP 737502
Local
I088
Goulburn
Dwellings
167, 169 and 171 Bourke Street
Lot 1, DP 194477; Lot 1, DP 198850; Lots 1 and 2, DP 199061
Local
I089
Goulburn
St Saviours Church Hall, St Saviours Cathedral (1884)
170 Bourke Street
Part Lot 1, DP 721647
Local
I090
Goulburn
Dwellings, Semi-detached, Federation
175 and 177 Bourke Street
Lots 20 and 21, Sec 5, DP 230987
Local
I091
Goulburn
Goulburn Public School (1897)
196 Bourke Street
Lot 2, DP 810735
Local
I092
Goulburn
Dwelling, Two Storey, Victorian
224 Bourke Street
Lot 2, DP 915248
Local
I093
Goulburn
Dwellings, Victorian and Gothic
276 and 278 Bourke Street
Lot 1, DP 196582; Lot 1, DP 112575
Local
I094
Goulburn
Cottages
2, 4 and 6 Bradley Street
Lot 1, DP 741074; Lots 11 and 12, DP 509861
Local
I095
Goulburn
Dwellings, Attached
10 and 12 Bradley Street
Lots 1 and 2, DP 730060
Local
I096
Goulburn
Dwellings, Terraces
11, 13, 15 and 17 Bradley Street
Lot 1, DP 433522
Local
I097
Goulburn
Dwellings, Terraces, Georgian
14, 16, 18 and 20 Bradley Street
Lots 1 and 2, DP 986793
Local
I098
Goulburn
Dwelling, Federation and Victorian Italianate
85 and 87 Bradley Street
Lot 1, DP 198184; Lot 2, DP 742448
Local
I099
Goulburn
“Lynburn”, Two Storey, Georgian
93 Bradley Street
Lot 1, DP 719486
Local
100
Goulburn
Dwellings, Terraces, Victorian
99 and 101 Bradley Street
Lots A and B, DP 151375
Local
101
Goulburn
Mansion, “Carrawarra” (1883)
104 Bradley Street
Lot 2, DP 718227
Local
102
Goulburn
Dwellings, Victorian Italianate
111 and 113 Bradley Street
Lot 1, DP 986232; Lot 1, DP 744037
Local
103
Goulburn
Dwelling, “Rossneath”
114 Bradley Street
Lot 1, DP 150531
Local
104
Goulburn
Dwelling, Two Storey
1 Braidwood Road
Lot 1, DP 734041
Local
105
Goulburn
Railway Roundhouse, Part of (former) Railway Infrastructure, Turntable
12 Braidwood Road
Lot 2, DP 1002813
Local
106
Goulburn
“Garroorigang”, Stables
209 Braidwood Road
Lot 1, DP 1065231
Local*
107
Goulburn
Lansdowne Bridge, Timber Truss Bridge
Bungonia Road
Mulwaree River
Local*
108
Goulburn
Dwelling, “Broughton”, Goulburn Brewery
3–21 and 23 Bungonia Road
Lot 4, DP 717606; Lots 3–8, Sec 1, DP 979593; Lots 1–2, DP 770671; Lots 2–3, DP 67346
Local; State*
109
Goulburn
“Lansdowne” (c 1830)
33 Bungonia Road
Lot 1, DP 598475
State*
110
Goulburn
St Saviours Cemetery
Cemetery Street
Lots 7058–7060, DP 96805
Local
111
Goulburn
Dwelling, Stables, North Goulburn Rectory (former), Victorian Gothic
2–4 Chantry Street
Lot 1, DP 111/758468; Lot B, DP 159923
Local
112
Goulburn
Dwellings, Attached
20 and 22 Chantry Street
Lot 1, DP 199475; Lot 1, DP 986447
Local
113
Goulburn
Rocky Hill Memorial (1925)
1 Chiswick Street
Lot 31, DP 750050; Lot 100, DP 132937; Lot 30, DP 750050
Local*
114
Goulburn
Dwelling, Queen Anne, Federation
4 Church Street
Lot 5, DP 150371
Local
115
Goulburn
Dwelling, “Highgate”, Queen Anne, Federation, Late Victorian
14 and 16 Church Street
Lot 1, DP 770428; Lot 45, DP 1071632
Local
116
Goulburn
Dwelling, Federation
20 Church Street
Lot 1, DP 797186
Local
117
Goulburn
Dwelling, “Strathalbyn”, Federation
7 Citizen Street
Lot 1, DP 195012
Local
118
Goulburn
Dwelling, Federation
40 Citizen Street
Lots 1 and 2, DP 745993
Local
119
Goulburn
Dwellings, “Roborough”, “Hazledell”, Victorian Italianate
51 and 53 Citizen Street
Lot 1, DP 742750; Lot 53, DP 1089363
Local
120
Goulburn
Dwelling, Victorian (c 1880)
71 Citizen Street
Lot 50, DP 520303
Local
121
Goulburn
Dwelling
85 Citizen Street
Lot 1, DP 613518
Local
122
Goulburn
Presbyterian Church (1923)
25 Clifford Street
Lot 2, DP 304885
Local
123
Goulburn
Terrace, Two Storey, Free Standing
62 Clifford Street
Lot X, DP 38646
Local
124
Goulburn
Dwelling, Stables, Georgian (c 1850)
82 Clifford Street
Lots 1 and 2, DP 856540
Local
125
Goulburn
Dwelling, Two Storey
88 Clifford Street
Lot 1, DP 708094
Local
126
Goulburn
Dwellings, Two Storey Terraces
123, 125 and 127 Clifford Street
Lot 16, Sec 16, DP 758468
Local
127
Goulburn
Dwelling, “Clifftoria”
128 Clifford Street
Lot A, DP 101570
Local
128
Goulburn
Dwelling, Early Georgian
145 Clifford Street
Lot 3, DP 543814
Local
129
Goulburn
Dwellings (former), Commercial Use
5–7 Clinton Street
Lot 2, DP 700313
Local
130
Goulburn
Our Lady of Mercy Convent, Chapel (1861)
29 Clinton Street
Lot 18, DP 456849
Local*
131
Goulburn
Dwelling, Two Storey, Fence, Victorian (1886)
63 Clinton Street
Lot 4, DP 1103385
Local
132
Goulburn
Dwellings, Victorian (1885, 1886)
65, 67 and 69 Clinton Street
Lot 2, DP 818300; Lots 13 and 20, Sec 9, DP 758468
Local
133
Goulburn
Dwellings, Edwardian
122, 124, 126, 128, 130, 132, 134, 136, 138, 140 and 142 Clinton Street
Lots 1 and 2, DP 152007; Lot 1, DP 1037210; Lot 1, Sec 43, DP 730564; Lot 1, DP 742401; Lot 60, DP 599528; Lot 34, DP 1055313; Lot 1, DP 713345; Lot 1, DP 196329; Lot 1, DP 197130; Lot B, DP 161395
Local
134
Goulburn
St Patricks Collage (1873)
Clinton Street
Lots 144–153, DP 750015
Local
135
Goulburn
Dwellings, Victorian (c 1880)
10, 14 and 16 Cole Street
Lot 1, DP 995033; Lot 1, DP 999727
Local
136
Goulburn
Dwelling, Federation
33 Cole Street
Lot 8, DP 997783
Local
137
Goulburn
Dwelling, Victorian Italianate
39 Cole Street
Lot B, DP 154488
Local
138
Goulburn
Gill Waminda Nursing Home
2 Combermere Street
Lot 1, DP 82079
Local
139
Goulburn
Kings College (former), E.C. Manfred Arch
47–49 Combermere Street
Lot 8, DP 38656
Local
140
Goulburn
Brick Works, Chimneys, Kilns, Dwelling, “The Potteries” (c 1985)
2–12, 14 Common Street
Lot 12, DP 861360; Lot 2, DP 740958
Local
141
Goulburn
Cottages, “Araluen”
6 and 8 Cooma Ave
Lot 1, DP 745589
Local
142
Goulburn
Dwelling, Cottage
11 Cooma Ave
Lot X, DP 156244
Local
143
Goulburn
Dwelling, “Ardgowan”, Late Georgian
10 Cowper Street
Lot 1, DP 826563
Local
144
Goulburn
Dwellings, “Bishopthorpe” (c 1881), “Wandara”, Two Storey, Victorian (c 1882)
126, 130, 134 and 138 Cowper Street
Lots 1–3, DP 456809; Lot 1, DP 81815; Lots 1 and 2, DP 526976
Local
145
Goulburn
Dwelling, Single Storey, Federation
131 Cowper Street
Lot 13, DP 2593
Local
146
Goulburn
Dwellings, “Clandulla”, Victorian (c 1882)
142 and 144 Cowper Street
Lot 1, DP 715771; Lot 2, DP 511910
Local
147
Goulburn
Dwellings, Single Storey Terraces (c 1870)
150, 152, 154, 156, 158, 160, 162, 164, 168, 170, 172, 176, 178 and 180 Cowper Street
Lot 1, DP 784955; Lots A and B, DP 157036; Lots 2, 3 and 4, DP 150326; Lot 1, Sec 15, DP 150326; Lot 1, Sec 15, DP 719079; Lot 2, DP 719079; Lots 1 and 2, Sec 15, DP 743441; Lot 1, DP 997044; Lot 15, DP 1085071; Lots 1 and 2, DP 195289
Local
148
Goulburn
Shop, Residence, Corner Store (former, c 1860)
188 Cowper Street
Lot 1, DP 735845
Local
149
Goulburn
Dwellings, “Louise Garden”, Federation (c 1900)
203 and 205 Cowper Street
Lot 2, DP 434166; Lot 1, DP 1003147
Local*
150
Goulburn
Dwellings, “Cropper House”, Georgian and Victorian (c 1980)
209 and 211 Cowper Street
Lots 1 and 2, DP 1101308; Lot 2, DP 634062
Local
151
Goulburn
Dwelling, Victorian Italianate (c 1890)
210 Cowper Street
Lots 1 and 2, DP 199448
Local
152
Goulburn
Dwelling, Victorian
215 Cowper Street
Lot 1, DP 718227
Local
153
Goulburn
Dwellings, “Fermoy” (c 1920), Dwelling (c 1912), “Birkless”, Victorian (c 1885)
216, 218 and 220 Cowper Street
Part Lot 1, Sec 17, DP 758468; Lot 2, Sec 17, DP 758468; Lot A, DP 318055
Local
154
Goulburn
Dwelling (1885)
227 Cowper Street
Lot 2, DP 151065
Local
155
Goulburn
Dwellings, “Repton”, Late Victorian, “Kiaburn”, “Woomerah”
228, 230 and 232 Cowper Street
Part Lot 6, DP 1099546; Lot 1, DP 741728; Part Lot 7, DP 1104885
Local
156
Goulburn
Dwelling, “Rosscraig”, Gothic
236–238 Cowper Street
Lots C and D, DP 155339
Local
157
Goulburn
Dwelling, “Bulwarra”, Fences, Gate
246 Cowper Street
Lot 5, DP 37689
Local
158
Goulburn
Presbyterian Church, Manse, School (former)
2a, 4 Craig Street
Lots 4–6, DP 37286
Local
159
Goulburn
Dwelling, Victorian (c 1880)
74 Deccan Street
Lot 8, DP 14243
Local
160
Goulburn
Dwellings (c 1946, c 1949)
78 and 80 Deccan Street
Lots 5 and 6, DP 14243
Local
161
Goulburn
War Memorial Swimming Pool Complex (1964)
85 Deccan Street
Part Lot 1, DP 117890
Local
162
Goulburn
Dwellings, International (c 1960), “Cambria”, Georgian (c 1870)
98 and 100 Deccan Street
Lot 5, DP 414322; Lot 39, DP 620175
Local
163
Goulburn
Dwelling, Two Storey (1951)
104 Deccan Street
Lots 8 and 9, DP 376016
Local
164
Goulburn
Dwelling, Cottage
16 East Street
Lot 8, DP 1038721
Local
165
Goulburn
Dwelling, Two Storey (1906)
45 Eldon Street
Lot 1, DP 1047575
Local
166
Goulburn
Church at rear of block
29 Emma Street
Lot 12, DP 18/979849
Local
167
Goulburn
Dwellings, “Finchley”, “Uxbridge”, “Edgeware”, “St Albans”, “Hedon”, “Elstree”, “Belsize”, “Bayswater”, Federation
123, 125, 127, 129, 131, 133, 135, 137 and 139 Faithfull Street
Lots 1 and 2, DP 213151; Lots 7 and 8, DP 585428; Lots 5 and 6, DP 584783; Lots 3 and 4, DP 578158; Lot 1, DP 743201
Local
168
Goulburn
Dwellings, Pair
213 and 215 Faithfull Street
Lots 15 and 16, Sec 17, DP 758468
Local
169
Goulburn
Dwelling, Police Barracks (former), Stone Rubble with Contrasting Quoining
219 Faithfull Street
Lot D, DP 37396
Local
170
Goulburn
South Hill Complex, Early Homestead (c 1860)
3 Garroorigang Road
Lot 1, DP 1091308
Local
171
Goulburn
Dwelling, “Antrim House” (c 1871)
11 George Street
Lot B, DP 155890
Local
172
Goulburn
Dwelling (1884)
24 Gilmore Street
Lot 2, DP 236216
Local
173
Goulburn
Dwelling, Georgian (c 1850)
42 Goldsmith Street
Lot 1, DP 83039
Local*
174
Goulburn
Methodist Church
43–47 Goldsmith Street
Lot 1, DP 663179
Local
175
Goulburn
Liedertafel (Lieder) Theatre
52 Goldsmith Street
Lot 1, DP 999644
Local
176
Goulburn
Dwelling, Two Storey, Late Victorian
57 Goldsmith Street
Lot 4A, DP 781
Local*
177
Goulburn
Dwellings, Single Storey Cottages, Georgian
62, 64 and 66 Goldsmith Street
Lot 1, DP 876661
Local
178
Goulburn
Dwellings, Semi-detached, Georgian
81 and 83 Goldsmith Street
Lot 1, DP 715943; Lot 1, DP 797593
Local
179
Goulburn
Dwellings, Federation
98, 102, 106 and 110 Goldsmith Street
Lots 1 and 2, DP 301287; Lot 1, DP 169562; Lot 1, DP 455382; Lot 8, DP 3910
Local
180
Goulburn
Goulburn Base Hospital, Central Building, Pavilions (former, 1887)
130 Goldsmith Street
Lot 1, DP 133606
Local
181
Goulburn
Goulburn High School, Two Storey, Edwardian (1926)
132 Goldsmith Street
Lot 1, Sec 49, DP 758468
Local*
182
Goulburn
Goulburn General Cemetery, Lychgate
Gorman Road
Lot 7017, DP 94629
Local*
183
Goulburn
House, Fruit Packing Shed (former, c 1900)
67 Gorman Road
Lot 12, DP 1044967
Local
184
Goulburn
Stone Tank, Remains
78 Gorman Road
Lot 13, DP 852931
Local
185
Goulburn
Dwelling, Single Storey, Federation
4 Grafton Street
Lot 60, DP 38627
Local
186
Goulburn
Dwellings, Semi-detached, Georgian and Federation, Detached, Federation
9, 11, 13, 15, 17, 19 and 21 Grafton Street
Lots 3–4 and 6–8, DP 32543; Lot 1, DP 197124; Lot 18, DP 544755
Local
187
Goulburn
Dwellings, Pairs of Semi-Detached
12, 14, 16 and 18 Grafton Street
Lots 1–4, DP 587925
Local
188
Goulburn
Coach and Horses Inn (former), Commercial, Georgian (1849)
27 Grafton Street
Lot 1, DP 32543
Local
189
Goulburn
Dwelling, Federation
32 Grafton Street
Lot 2, DP 531600
Local
190
Goulburn
Dwelling
37 Grafton Street
Lot 81, DP 998714
Local
191
Goulburn
Dwelling, Federation
40 Grafton Street
Lot 1, DP 742514
Local
192
Goulburn
Dwellings, Detached
44 and 46 Grafton Street
Lot K, DP 19353; Lot L, DP 37909
Local
193
Goulburn
Dwellings, Two Storey Detached, “Grafton House” (former), Georgian
51 and 53 Grafton Street
Lot 41, DP 997722; Lot 1, DP 513316
Local
194
Goulburn
Post Box, Cast Iron, Dwellings, Semi-detached, Georgian, Federation and Victorian (c 1860)
62, 64, 66 and 68 Grafton Street
Lot 1, DP 194383; Lot 1, DP 194824; Lot 66, DP 1103601; Lot 1, DP 780970
Local
195
Goulburn
Dwellings, Single Storey, Attached, “Carinya”, Federation
67, 69, 73 and 75 Grafton Street
Lot 2, DP 807716; Lots 2 and 3, DP 735802; Lot 1, DP 198164; Lot 1, DP 744719
Local
196
Goulburn
Dwelling, Single Storey
74 Grafton Street
Lots 1 and 3, DP 744621
Local
197
Goulburn
Dwellings, Single Storey, Attached and Detached, Federation
78, 80, 82, 84, 86 Grafton Street
Lot 1, DP 770890; Lot 1, DP 781039; Lot 3, DP 1035723
Local
198
Goulburn
Dwelling, “Builders Arms Hotel” (former), Two Storey, Georgian (c 1880)
83 Grafton Street
Lot A, DP 151953
Local
199
Goulburn
Dwellings, Single Storey, Attached
90, 92, 94 and 96 Grafton Street
Lots D, E, F and G, DP 161654
Local
200
Goulburn
Dwellings, Detached
91 and 93 Grafton Street
Lot 4, DP 1085076; Lot 1, DP 797075
Local
201
Goulburn
Dwelling, “Zealandia”
99 Grafton Street
Lot 1, DP 847982
Local
202
Goulburn
Dwellings, Single Storey, Attached
103 and 105 Grafton Street
Lot 2, DP 742240; Lot 1, DP 1046009
Local
203
Goulburn
Dwelling, Single Storey
115 Grafton Street
Lot 1, DP 716858
Local
204
Goulburn
St Joseph’s Convent, Residential Wings, Two Storey
118 Grafton Street
Lot 26, DP 572874
Local
205
Goulburn
Dwelling, “Poidevin’s Hotel” (former), Two Storey, Georgian
129 Grafton Street
Lot 1, DP 797468
Local
206
Goulburn
Dwelling, (former Shop)
9 Hercules Street
Lot 16, Sec 16, DP 979849
Local
207
Goulburn
Dwelling, (former Church)
17 Hercules Street
Lot 20, Sec 16, DP 979849
Local
208
Goulburn
Dwelling, (former Shop)
24 Hercules Street
Lot 10, Sec 10, DP 979849
Local
209
Goulburn
Dwellings, Detached, Victorian (pre 1882)
1, 2, 3, 4, 5, 6, 7 and 9 Horne Square
Lots 1–8, DP 3195
Local
210
Goulburn
“Oliver Goldsmith Inn”
Hume Street
Lot 2, DP 1065713
Local
211
Goulburn
Goulburn Workers Club Arena, Grandstand, Rifle Range, Nissen Huts (c 1900)
135 Hume Street
Lot 2, DP 218482
Local
212
Goulburn
Dwelling, Federation
6 and 12 Hurst Street
Lots 1 and 2, DP 995906; Lot 910, DP 1084201
Local
213
Goulburn
Dwelling
11 Hurst Street
Lot 32, DP 735445
Local
214
Goulburn
Dwelling, Federation
21 Hurst Street
Lot A, DP 155400
Local
215
Goulburn
Dwelling, “Shanklin”, Queen Anne, Federation
24 Hurst Street
Lot 3, DP 511968
Local
216
Goulburn
Dwellings, Single Storey
8, 10, 12, 14, 16, 20, 22, 24, 26, 28, 30 and 32 John Street
Lot B, DP 161261; Lot 1, DP 713360; Lot A, Sec 45 DP 161261; Lot 1, DP 779145; Lot 1, DP 782591; Lot 1, DP 714593; Lots 19 and 20, DP 7708123; Lots 1 and 2, DP 115757; Lot 1, DP 995769; Lots 1 and 2, DP 716557
Local
217
Goulburn
Dwelling, “Kentville”
5 Kadwell Street
Lot 16, DP 518388
Local
218
Goulburn
St Michael’s Novitiate (former), “Marsden”
13 Kenmore Street
Lot 15, DP 866812
Local
219
Goulburn
Dwelling
14 Kenmore Street
Lot 52, DP 570277
Local
220
Goulburn
St Nicholas Anglican Church (1879–80)
17 Kinghorne Street
Part Lot G, Sec 1, Bk595
Local
221
Goulburn
Dwelling (c 1910)
83 Kinghorne Street
Lot 1, DP 744367
Local
222
Goulburn
Dwelling, Queen Anne (c 1910–12)
113 Kinghorne Street
Lot 1, DP 986667
Local
223
Goulburn
Dwelling, Georgian
169 Kinghorne Street
Lot 4, DP 202919
Local
224
Goulburn
Dwelling, Federation
12 Lagoon Street
Lot B, DP 150996
Local
225
Goulburn
Dwelling, Two Storey
15 Lagoon Street
Lot 21, DP 24243
Local
226
Goulburn
St Joseph’s School, Our Lady of Fatima Church
101 Lagoon Street
Lot 25, DP 572874
Local
227
Goulburn
Dwelling, “Lawrenny” (formerly “Penrice”)
8 Lawrenny Ave
Lot 3, DP 586321
Local
228
Goulburn
Lilac City Cinema (c 1959)
1 Lilac Place
Lot 16, DP 163020; Lot 9, DP 39221
Local
229
Goulburn
Dwelling
20 Lisgar Street
Lots 9 and 12, DP 547743
Local
230
Goulburn
Dwellings, Single Storey, Semi-detached, Georgian (c 1840)
4–6 Lithgow Street
Lots 1 and 2, DP 221403
Local
231
Goulburn
Dwelling, Two Storey, (former Shop) (c 1860)
5 Lithgow Street
Lot 1, DP 198733
Local
232
Goulburn
Jewish Cemetery, Foundations of Caretaker’s Cottage, Chapel, Filled Well
110 Long Street
Part Lot 24, DP 750050
Local
233
Goulburn
Dwellings, Federation (c 1900)
16, 18 and 20 Lorne Street
Lot 14, DP 735446; Lot 1, DP 198390; Lot 1, DP 744030
Local
234
Goulburn
Dwelling, Late Victorian and Picturesque (c 1880)
24 Lorne Street
Lot 3, DP 153130
Local
235
Goulburn
Buildings, Commercial, “Goulburn Club”, Stone Wall to Lane, Stables, Two Storey Residential Building, Two Storey Terrace, Victorian, “Fireside Inn”, Tudor, Two Storey Building
19, 21 and 23 Market Street
Lot 1, DP 61322; Part Lot 1, DP 61322; Part Lots 1–3 Sec 3, DP 758468; Lot 1, DP 195536; Lot B, DP 151685; Lot 1, DP 137467
Local
236
Goulburn
Dwellings, “Ravensworth”, Two Storey
8 Ben Street
Lot 19, DP 1141601; SP 20683
Local
237
Goulburn
Dwelling, “Teneriffe”
133 Mary’s Mount Road
Lot 28, DP 479
Local
238
Goulburn
Goulburn Gaol, Victorian Classical Revival (c 1883)
15 Maud Street
Part Lot 2, DP 880446
State*
239
Goulburn
Dwellings, Single Storey, Attached (former)
56 May Street
Lot 22, DP 565420
Local
240
Goulburn
Brickworks Site (former)
100 May Street
Lot 17, DP 750050; Lot 100, DP 132944
Local
241
Goulburn
Dwelling, Georgian (c 1860)
25 Mayor Street
Lot A, DP 389798
Local
242
Goulburn
Barn (1870)
99–241 Mazamet Road
Lot 23, DP 774636
Local
243
Goulburn
St Patrick’s Cemetery, Chapel
63 Middle Arm Road
Lots 1 and 2, DP 865289; Lot 21, DP 910637
Local*
244
Goulburn
Goulburn Courthouse
4 Montague Street
Lot 2, DP 1103076; Lot 23, DP 758468
State*
245
Goulburn
Offices (c 1915)
5–7 Montague Street
Lot 1, DP 972141
Local
246
Goulburn
Offices, Central Business, Offices (c 1902), Fire Station (former converted), Two Storey (c 1890)
9, 11 and 13 Montague Street
Lot 1, DP 85001; Lot 22, Sec 6, DP 758468; Lot 106, DP 996372
Local
247
Goulburn
“Elmslea Chambers”, Art Deco (1933–36)
17–19 Montague Street
Lot A, DP 328080
Local
248
Goulburn
Offices, “Halsbury House” (1938)
18–26 Montague Street
Lot 1, DP 194122
Local
249
Goulburn
Offices, Two Storey, Federation (c 1910)
35 Montague Street
Lot 1, DP 162566
Local
250
Goulburn
Flat building, “Montague Court”
38 Montague Street
Lot 5, DP 1013994
Local
251
Goulburn
Dwelling, Federation (1891)
44 Montague Street
Lot B, DP 337932
Local
252
Goulburn
Dwelling, Late Victorian and Federation
50 Montague Street
Lot 4, DP 505455
Local
253
Goulburn
Dwelling, Two Storey (1920–30)
60 Montague Street
Lot D, DP 323881; Lot D1, DP 152078
Local
254
Goulburn
Dwellings, “Ingalara”, Federation
76 Montague Street
Part Lot 76, DP 1100250
Local
255
Goulburn
Mortis Street Cemetery
Mortis Street
Lot 7061, DP 96847; Lot 1, DP 782646; Lot 7062, DP 96847
Local
256
Goulburn
Dwelling
8 Mount Street
Lots C and D, DP 23125
Local
257
Goulburn
Railway Viaduct Crossing Mulwaree Ponds
Mulwaree Street
Railway Land
State
258
Goulburn
Dwellings, Single storey, Attached
2, 4, 6, 8, 10 and 12 Mulwaree Street
Lots 12–14, DP 32543; Lot 19, DP 544755; Lot 16, Sec 23, DP 32543
Local
259
Goulburn
Dwellings, Semi-detached
32 and 34 Mulwaree Street
Lots 1 and 2, DP 523695
Local
260
Goulburn
Dwellings, Two Storey Terrace, “Hazelmere”
42 and 44 Mulwaree Street
Lot 1, DP 798944
Local
261
Goulburn
St Johns Orphanage (former)
52 Mundy Street
Lot 3, DP 583385
Local
262
Goulburn
Dwelling, “Westella”, California Bungalow (1916)
78 Mundy Street
Lot 1, DP 986398
Local
263
Goulburn
Dwelling, Spanish Mission
1 Murray Street
Lots 4 and 5, DP 37462
Local
264
Goulburn
Dwelling, “Tarrawingee” Two Storey, Victorian
10 Opal Street
Lot 2, DP 511979
Local
265
Goulburn
Dwelling (c 1890)
8 Ottiwell Street
Lot 1, DP 557155
Local
266
Goulburn
Dwelling, Single Storey
95 Park Road
Lot 1, DP 196555
Local
267
Goulburn
Dwelling, Single Storey
26 Prince Street
Lot 3, DP 600945
Local
268
Goulburn
Dwelling, “Marlowe”
38 Prince Street
Part Lot 14, DP 977088
Local
269
Goulburn
Dwelling (c 1880)
78 Queen Street
Lot 22, DP 613910
Local
270
Goulburn
Dwellings, Attached
24 and 26 Record Street
Lots 4 and 5, Sec 6, DP 3389
Local
271
Goulburn
Dwelling (former Post Office), Southern Star Hotel, Two Storey (c 1860), Coach House
35 and 43 Reynolds Street
Lot 1, DP 150966; Lot 2, DP 1075995
Local
272
Goulburn
Dwellings, Georgian (c 1856–59)
57 and 59 Reynolds Street
Lot 1, DP 986603; Lot 13, DP 1084027
Local
273
Goulburn
Goulburn Water Works, (former Marsden Steam Museum)
199 River Street
Part Portion 3 20/22, DP 750050
State*
274
Goulburn
Thorne’s Bridge
Road Reserve, Mulwaree Ponds
Road Reserve
Local
275
Goulburn
“Irriwilbin”
7 Rosemont Road, off Boxers Creek Road
Lot 2, DP 853498
Local
276
Goulburn
Dwelling, “Hillside”, Single Storey, Georgian (c 1845), Flats, Three Storey, Spanish Mission
1, 3 Shepherd Court
Lots 4 and 5, DP 15449
Local
277
Goulburn
Station Master’s House, Railway Station
Sloane Street
Railway land; Lot 3, DP 1002807; Lot 1, DP 1002807
Local*; State*
278
Goulburn
Dwellings, Two Storey, Victorian, “Mandelson’s Hotel”, Georgian (c 1845), “Coolavin Hotel” (former Railway Hotel) (c 1850)
160, 166, 168, 170, 172, 174, 176, 178, 180, 182, 184 and 188 Sloane Street
Lot 1, DP 779680; Lots 1–10, DP 32565; Lot 2, DP 1017877
Local*
279
Goulburn
Terraces, Two and Three Storey, “Alpine Heritage Hotel”
246 and 248 Sloane Street
Lots A and B, DP 154253
State
280
Goulburn
Courthouse, Police Station (former), Setting, Fence
260 Sloane Street
Reserve
Local*
281
Goulburn
Goulburn Police Station (formerly Goulburn Hospital), Two Storey House
274 Sloane Street
Lot 1, DP 930529
Local
282
Goulburn
Police Barracks (former, 1874), Part of Railway Bowling Club
283 Sloane Street
Lot 1, DP 817431
Local
283
Goulburn
Old Connolly’s Mill, Swimming Baths (former)
285 Sloane Street
Lot 8, Sec 21, DP 758468
State
284
Goulburn
R J Sydney Craig Funeral Directors (former “Rock of Cashel Inn”) Two Storey (c 1858)
298 Sloane Street
Lot 2, DP 1075819
Local
285
Goulburn
Commercial Property, Joinery, Dwellings, Single Storey, Attached and Two Storey, Victorian (c 1880)
301, 303, 305, 307, 309, 311 and 313 Sloane Street
Lot 5, DP 1085330; Lots 1 and 2, DP 150604; Lots 41 and 42, DP 811437; Lot 1, DP 797938; Lot 1, DP 798717
Local
286
Goulburn
Dwellings, Two Storey, Victorian
310 and 312 Sloane Street
Lot 61, DP 581643
Local
287
Goulburn
Dwelling (former “St Clair”) used as Museum (c 1845)
318 Sloane Street
Lot 2, DP 533720; Lot C, DP 380737; Lot 1, DP 995832
State*
288
Goulburn
Commercial Buildings, Flats Above (c 1900)
322 and 324 Sloane Street
Lots A and B, DP 380737
Local
289
Goulburn
Dwelling, Railway Gatehouse, Victorian and Gothic (1867)
112 Sydney Road
Lot 1, DP 836429
Local
290
Goulburn
Kenmore Hospital Cemetery (c 1895–1947)
Taralga Road
Lot 2, DP 1003261
Local
291
Goulburn
Kenmore Psychiatric Hospital Complex
5 Taralga Road
Lot 5, DP 1078852
State*
292
Goulburn
Kenmore Girls Orphanage (former, 1906)
153 Taralga Road
Lot 2, DP 1102202
Local
293
Goulburn
Goulburn North Public School (1876)
1 Union Street
Lot 1, DP 802600
Local
294
Goulburn
St Nicholas Church (former, 1861)
36–38 Union Street
Lot 2, DP 626809
Local
295
Goulburn
Roman Catholic Bishop’s Residence, Presbytery, Front Fence (1909)
42 Verner Street
Lot 2, DP 91238
Local*
296
Goulburn
Saint Patrick’s School (1914)
57 Verner Street
Lot 1, DP 1060354
Local
297
Goulburn
Nursing Home, Two Storey, Victorian
70 Verner Street
Lot A, DP 154748
Local
298
Goulburn
Dwelling, “Tarcoola”
85 Verner Street
Lots 9 and 10, DP 2593
Local
299
Goulburn
Dwelling, Two Storey (c 1860)
136 Verner Street
Lot 4, DP 366425
Local
300
Goulburn
Goulburn TAFE, Two Storey Dwelling
2 View Street
Lot 31, DP 614501
Local
301
Goulburn
Dwelling, “Riversdale”, Single Storey, Georgian (c 1840)
107 Wayo Street
Lot 1, DP 714378
State*
302
Goulburn
Brick Water Cisterns, Ponds
221 Wheeo Road
Lot 1, DP 724398
Local
303
Goulburn
Dwelling, Modern
40 Wollondilly Ave
Lot 4, DP 3257
Local
304
Greenwich Park
Wilds Pass Archaeological Area (c 1820)
Wilds Pass, Cookbundoon Range, off Tarlo River Road
Crown Land
Local
305
Kingsdale
“Kingsdale Hotel” (former)
754 Crookwell Road
Lot 22, DP 832928
Local
306
Kingsdale
Kingsdale Lime Kilns, Quarries
Crookwell Road
Lot 91, DP 1070820
Local
307
Lake Bathurst
WWII Fuel Storage Tanks, Associated Buildings
2571 Braidwood Road
Lot 1, DP 195371
Local
308
Lake Bathurst
Lake Bathurst Public School (former), St John’s Anglican Church, Cemetery
Braidwood Road
Lot 90, DP 750010; Part Lot 86, DP 750010
Local*
309
Lower Boro
“Glen-Dor” Homestead
1594 Sandy Point Road
Lot 14, DP 750036
State
310
Marulan
Old Marulan Anglican Cemetery
Jerrara Road and Marulan South Road
Crown Reserve
Local*
311
Marulan
Wandi, “Robert Plumb’s Inn”
16501 Hume Highway
Lot 5, DP 657521
Local
312
Marulan
St Patrick’s Catholic Cemetery
Hume Highway
Lots 1–3, DP 758653
Local*
313
Marulan
“Glenrock” Homestead, Outbuildings
248 Highland Way
Lot 204, DP 870194
Local
314
Marulan
Marulan Railway Station, Yard (c 1867)
Marulan Railway Station
Railway land
State
315
Marulan
All Saints Church of England, Rectory
42–44 George Street
Lots 1 and 2, DP 1084961
Local
316
Marulan
“Terminus Hotel”
54 George Street
Lot 2, Sec 1, DP 3012; Lot 8, DP 111640
Local
317
Marulan
Baldock’s Shed, Store (c 1870), Marulan Public School
55, 57–59 and 61–63 George Street
Lots 1 and 2, DP 1053356; Lot 9, Sec 3, DP 47
Local
318
Marulan
Postmaster’s Residence, Post Office (c 1884), “Mooroowoollen”
66 and 68 George Street
Lots 3 and 4, DP 1054985
Local
319
Marulan
“Royal Hotel” (c 1878), “Aunty Mary’s”, Shop, Victorian (c 1880)
73 and 75 George Street
Lots 3 and 4, Sec 3, DP 47
Local
320
Marulan
Shop Group, “Wattle Glen”, Georgian (c 1889), “Coronation Stores” (c 1902), Morgan’s General Store, “The Boarding House”, Victorian
81, 83, 85 and 87 George Street
Lot 0, DP 47; Lots 1 and 2, Sec 1, DP 47; Lot 31, DP 556854
Local
321
Marulan
Dwelling, “Cora-Lyn”, St Stephen’s Uniting Church
91 and 93 George Street
Lots 5 and 6, Sec 1, DP 47
Local
322
Marulan
Dwelling, “Waverley”
97 George Street
Lot 8, Sec 1, DP 47
Local
323
Middle Arm
“Norwood” Homestead, Outbuildings
94 Norwood Road, off Middle Arm Road
Part Lot 2, DP 210912
Local*
324
Mummel
Mummel Catholic Cemetery
Grabben Gullen Road
Lot 2, DP 89511
Local
325
Parkesbourne
Unity Church, Cemetery
Wesley Road
Lot 11, DP 905728
Local
326
Parkesbourne
“Kippilaw” Homestead, Gardens
Gurrundah Road
Lot 2, DP 788825
Local*
327
Parkesbourne
Merilla Uniting Church Cemetery
Gurrundah Road
Lot 1, DP 194064
Local*
328
Tallong
Badgery’s Lookout View
Badgery’s Lookout Road
Lot 7001, DP 1032255
Local*
329
Tallong
The Dungeons—Tallawa Waterfall
Badgerys Lookout Road
Reserve, Lot 22, DP 247519
Local
330
Tallong
Dwelling, Federation, Tallong Public School (original)
Bumballa Road
Lot 1, DP 342719; Lot 1, DP 945438
Local
331
Tallong
Caoura Barn
33 Caoura Street
Lot 7, DP 827118
Local
332
Tallong
War Memorial Hall
Memorial Drive
Lot 1, DP 910637
Local
333
Tallong
Tallong Railway Station, Yard, Water Supply
Railway Parade
Railway Reserve
State
334
Tarago
Tarago Railway Station
Bungendore Road
Railway Reserve
State*
335
Tarago
“The Loaded Dog Hotel”, Outbuildings
1 Bungendore Road
Lot 1, DP 69163
Local
336
Tarlo
Cunningham Private Cemetery Woodlands
Taralga Road
Lot 1, DP 920059
Local
337
Tarlo
“Edinburgh” (former Inn)
737 Taralga Road
Lot 35, DP 750037
Local
338
Tirranaville
Burrungurroolong Homestead, Gardens, Stables
Braidwood Road
Part Lot 9, DP 979798
Local*
339
Tirranaville
“Tirranna” Homestead, Gardens, Gibson Family Cemetery, Veterans Allotments
Braidwood Road
Part Lot 1, DP 979370; Lots 35 and 36, DP 750015
Local*
340
Tirranaville
Tirranna Public School, Church, Cemetery
Braidwood Road
Lot 342, DP 750015; Part Lot 311, DP 750015
Local
341
Tirranaville
“Springfield” Homestead, Outbuildings, Gardens
Braidwood Road
Part Lot 9, DP 750028
Local*
342
Tirranaville
“Pelican” Homestead, Shearing Shed
Braidwood Road
Lot 1, DP 807719; Lot 2, DP 832905
Local
343
Towrang
Veterans Allotments
67 Gorman Road
Lot 102, DP 791867
Local
344
Towrang
Towrang Bridge, Culverts
Hume Highway
Lot 4, DP 88163
Local*
345
Towrang
Towrang Convict Stockade, Magazine
Hume Highway
Lot 1, DP 1089760
Local*
346
Towrang
Towrang Stockade Graves
Hume Highway
Cemetery Reserve
Local*
347
Towrang
Veterans Allotments
9 and 93 Murrays Flat Road
Lot 11, DP 198294; Lot 3, DP 198294
Local
348
Towrang
“Danganelly” Farmhouse
Towrang Road
Lot 2, DP 1061682
Local*
349
Towrang
St Johns Anglican Church
Towrang Road
Lot 2, DP 931549
Local
350
Towrang
Cookbundoon (former Inn)
531 Towrang Road
Lot 4, DP 583339
Local
351
Wollogorang
Stillwater Church, Ruins
Federal Highway, off Stillwater Road
Lot 2, DP 780588
Local
352
Wollogorang
“Wollogorang” Homestead, Gardens, Stables
164 Wollogorang Road
Lot 11, DP 541594
Local*
353
Yarra
“Malton” Homestead, Outbuildings
204 Coles Lane
Lot 347, DP 750015
Local
354
Yarra
Yarra Anglican Church Ruins, Cemetery
Hume Highway
Lot 11, DP 562178
Local*
355
Part 2 Heritage conservation areas
Name of heritage conservation area
Identification on Heritage Map
Bungonia Heritage Conservation Area
Shown by a red outline with red hatching and labelled “Conservation Area—General” on Sheets HER_003, HER_003BA and HER_003AA of the Heritage Map
Goulburn City Conservation Area
Shown by a red outline with red hatching and labelled “Conservation Area—General” on Sheets HER_001DA to HER_001DG of the Heritage Map
Goulburn Water Works Conservation Area
Shown by a red outline with red hatching and labelled “Conservation Area”General— on Sheets HER_001D and HER_001DA of the Heritage Map
Kenmore Conservation Area
Shown by a red outline with red hatching and labelled “Conservation Area”General— on Sheet HER_001F of the Heritage Map
Lansdowne Estate Conservation Area
Shown by a red outline with red hatching and labelled “Conservation Area”General— on Sheets HER_001DF, HER_001DI and HER_001E of the Heritage Map
Marulan Township Conservation Area
Shown by a red outline with red hatching and labelled “Conservation Area—General” on Sheet HER_003D of the Heritage Map
sch 5: Am 2009 No 56, Sch 2.19; 2012 (323), Sch 1 [6] [7]; 2018 (399), cl 5; 2018 (596), Sch 1 [12]–[25].
Schedule 6 Pond-based and tank-based aquaculture
(Clause 5.19)
Part 1 Pond-based and tank-based aquaculture
Division 1 Site location requirements
1   Conservation exclusion zones
(1)  Must not be carried out on the following land, except to the extent necessary to gain access to water:
(a)  land declared an area of outstanding biodiversity value under the Biodiversity Conservation Act 2016,
(b)  vacant Crown land,
(c)  land within a wetland of international significance declared under the Ramsar Convention on Wetlands.
(2)  Must not be carried out on the following land, except for the purposes of minimal infrastructure to support the extraction of water from, and discharge of water to, the land concerned:
(a)  land declared as an aquatic reserve under the Marine Estate Management Act 2014,
(b)  land declared as a marine park under the Marine Estate Management Act 2014.
Note—
Nothing in this clause affects any requirement under an Act relating to land specified in this clause to obtain a licence or other authority under that Act for development of the land.
Division 2 Operational requirements
2   Species selection
Species of fish or marine vegetation cultivated or kept must be consistent with the relevant aquaculture industry development plan (within the meaning of clause 5.19).
3   Pond-based aquaculture that is also intensive aquaculture—pond design
For pond-based aquaculture that is also intensive aquaculture—ponds must be capable of being drained or pumped and then completely dried.
4   Pond-based aquaculture and tank-based aquaculture that is also intensive aquaculture—freshwater discharges
For pond-based aquaculture and tank-based aquaculture that is also intensive aquaculture—no discharge of freshwater used to intensively cultivate or keep fish to natural waterbodies or wetlands is permitted, except freshwater discharge from open flow through systems.
5   Outlets from culture ponds etc
All outlets from culture ponds, tanks and other culture facilities must be screened to avoid the escape of fish.
6   Definition
In this Division:
intensive aquaculture has the same meaning as it has in the Fisheries Management (Aquaculture) Regulation 2017.
Part 2 Extensive pond-based aquaculture
Division 1 Site location requirements
7   Conservation exclusion zones
(1)  Must not be carried out on the following land, except to the extent necessary to gain access to water:
(a)  land declared an area of outstanding biodiversity value under the Biodiversity Conservation Act 2016,
(b)  vacant Crown land,
(c)  land within a wetland of international significance declared under the Ramsar Convention on Wetlands.
Note—
Nothing in this clause affects any requirement under an Act relating to land specified in this clause to obtain a licence or other authority under that Act for development of the land.
8   Flood liability
Must be designed or constructed on land so that it will not be inundated by the discharge of a 1:100 ARI (average recurrent interval) flood event.
Division 2 Operational requirements
9   Species selection
Species of fish or marine vegetation cultivated or kept must be consistent with the relevant aquaculture industry development plan (within the meaning of clause 5.19).
10   Pond design
(1)  Must not require the construction of new ponds, water storages, dams or buildings.
(2)  Must not be located on permanent watercourses, creeks, billabongs or isolated outreaches of creeks or rivers.
(3)  Must be capable of preventing the escape of stock into natural waterbodies or wetlands.
11   Culture water
Must use freshwater.
Dictionary
(Clause 1.4)
Note—
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Plan.
Aboriginal object means any deposit, object or other material evidence (not being a handicraft made for sale) relating to the Aboriginal habitation of an area of New South Wales, being habitation before or concurrent with (or both) the occupation of that area by persons of non-Aboriginal extraction, and includes Aboriginal remains.
Aboriginal place of heritage significance means an area of land, the general location of which is identified in an Aboriginal heritage study adopted by the Council after public exhibition and that may be shown on the Heritage Map, that is:
(a)  the site of one or more Aboriginal objects or a place that has the physical remains of pre-European occupation by, or is of contemporary significance to, the Aboriginal people. It may (but need not) include items and remnants of the occupation of the land by Aboriginal people, such as burial places, engraving sites, rock art, midden deposits, scarred and sacred trees and sharpening grooves, or
(b)  a natural Aboriginal sacred site or other sacred feature. It includes natural features such as creeks or mountains of long-standing cultural significance, as well as initiation, ceremonial or story places or areas of more contemporary cultural significance.
Note—
The term may include (but is not limited to) places that are declared under section 84 of the National Parks and Wildlife Act 1974 to be Aboriginal places for the purposes of that Act.
acid sulfate soils means naturally occurring sediments and soils containing iron sulfides (principally pyrite) or their precursors or oxidation products, whose exposure to oxygen leads to the generation of sulfuric acid (for example, by drainage or excavation).
Acid Sulfate Soils Manual means the manual by that name published by the Acid Sulfate Soils Management Advisory Committee and made publicly available.
Active Street Frontages Map means the Goulburn Mulwaree Local Environmental Plan 2009 Active Street Frontages Map.
advertisement has the same meaning as in the Act.
Note—
The term is defined as a sign, notice, device or representation in the nature of an advertisement visible from any public place or public reserve or from any navigable water.
advertising structure has the same meaning as in the Act.
Note—
The term is defined as a structure used or to be used principally for the display of an advertisement.
Advertising structures are a type of signage—see the definition of that term in this Dictionary.
affordable housing has the same meaning as in the Act.
Note—
The term is defined as housing for very low income households, low income households or moderate income households, being such households as are prescribed by the regulations or as are provided for in an environmental planning instrument.
agricultural produce industry means a building or place used for the handling, treating, processing or packing, for commercial purposes, of produce from agriculture (including dairy products, seeds, fruit, vegetables or other plant material), and includes wineries, flour mills, cotton seed oil plants, cotton gins, feed mills, cheese and butter factories, and juicing or canning plants, but does not include a livestock processing industry.
Note—
Agricultural produce industries are a type of rural industry—see the definition of that term in this Dictionary.
agriculture means any of the following:
(a)  aquaculture,
(b)  extensive agriculture,
(c)  intensive livestock agriculture,
(d)  intensive plant agriculture.
Note—
Part 6 of the Plantations and Reafforestation Act 1999 provides that exempt farm forestry within the meaning of that Act is not subject to the Environmental Planning and Assessment Act 1979.
air transport facility means an airport or a heliport that is not part of an airport, and includes associated communication and air traffic control facilities or structures.
airport means a place that is used for the landing, taking off, parking, maintenance or repair of aeroplanes, and includes associated buildings, installations, facilities and movement areas and any heliport that is part of the airport.
Note—
Airports are a type of air transport facility—see the definition of that term in this Dictionary.
airstrip means a single runway for the landing, taking off or parking of aeroplanes for private aviation only, but does not include an airport, heliport or helipad.
amusement centre means a building or place (not being part of a pub or registered club) used principally for playing:
(a)  billiards, pool or other like games, or
(b)  electronic or mechanical amusement devices, such as pinball machines, computer or video games and the like.
animal boarding or training establishment means a building or place used for the breeding, boarding, training, keeping or caring of animals for commercial purposes (other than for the agistment of horses), and includes any associated riding school or ancillary veterinary hospital.
aquaculture has the same meaning as in the Fisheries Management Act 1994. It includes oyster aquaculture, pond-based aquaculture and tank-based aquaculture.
Note—
Aquaculture is a type of agriculture—see the definition of that term in this Dictionary.
archaeological site means a place that contains one or more relics.
artisan food and drink industry means a building or place the principal purpose of which is the making or manufacture of boutique, artisan or craft food or drink products only. It must also include at least one of the following:
(a)  a retail area for the sale of the products,
(b)  a restaurant or cafe,
(c)  facilities for holding tastings, tours or workshops.
Note—
See clause 5.4 for controls in industrial or rural zones relating to the retail floor area of an artisan food and drink industry.
Artisan food and drink industries are a type of light industry—see the definition of that term in this Dictionary.
attached dwelling means a building containing 3 or more dwellings, where:
(a)  each dwelling is attached to another dwelling by a common wall, and
(b)  each of the dwellings is on its own lot of land, and
(c)  none of the dwellings is located above any part of another dwelling.
Note—
Attached dwellings are a type of residential accommodation—see the definition of that term in this Dictionary.
attic means any habitable space, but not a separate dwelling, contained wholly within a roof above the ceiling line of the storey immediately below, except for minor elements such as dormer windows and the like.
backpackers’ accommodation means a building or place that:
(a)  provides temporary or short-term accommodation on a commercial basis, and
(b)  has shared facilities, such as a communal bathroom, kitchen or laundry, and
(c)  provides accommodation on a bed or dormitory-style basis (rather than by room).
Note—
Backpackers’ accommodation is a type of tourist and visitor accommodation—see the definition of that term in this Dictionary.
basement means the space of a building where the floor level of that space is predominantly below ground level (existing) and where the floor level of the storey immediately above is less than 1 metre above ground level (existing).
bed and breakfast accommodation means an existing dwelling in which temporary or short-term accommodation is provided on a commercial basis by the permanent residents of the dwelling and where:
(a)  meals are provided for guests only, and
(b)  cooking facilities for the preparation of meals are not provided within guests’ rooms, and
(c)  dormitory-style accommodation is not provided.
Note—
See clause 5.4 for controls relating to the number of bedrooms for bed and breakfast accommodation.
Bed and breakfast accommodation is a type of tourist and visitor accommodation—see the definition of that term in this Dictionary.
bee keeping means a building or place used for the keeping and breeding of bees for commercial purposes.
Note—
Bee keeping is a type of extensive agriculture—see the definition of that term in this Dictionary.
biodiversity or biological diversity means the variety of living animal and plant life from all sources, and includes diversity within and between species and diversity of ecosystems.
biosolids treatment facility means a building or place used as a facility for the treatment of biosolids from a sewage treatment plant or from a water recycling facility.
Note—
Biosolids treatment facilities are a type of sewerage system—see the definition of that term in this Dictionary.
boarding house means a building that:
(a)  is wholly or partly let in lodgings, and
(b)  provides lodgers with a principal place of residence for 3 months or more, and
(c)  may have shared facilities, such as a communal living room, bathroom, kitchen or laundry, and
(d)  has rooms, some or all of which may have private kitchen and bathroom facilities, that accommodate one or more lodgers,
but does not include backpackers’ accommodation, a group home, hotel or motel accommodation, seniors housing or a serviced apartment.
Note—
Boarding houses are a type of residential accommodation—see the definition of that term in this Dictionary.
boat building and repair facility means any facility (including a building or other structure) used primarily for the construction, maintenance or repair of boats, whether or not including the storage, sale or hire of boats, but does not include a marina or boat shed.
boat launching ramp means a structure designed primarily for the launching of trailer borne recreational vessels, and includes associated car parking facilities.
boat shed means a building or other structure used for the storage and routine maintenance of a boat or boats and that is associated with a private dwelling or non-profit organisation, and includes any skid used in connection with the building or other structure.
brothel has the same meaning as in the Act.
Note—
This definition is relevant to the definitions of home occupation (sex services) and sex services premises in this Dictionary.
building has the same meaning as in the Act.
Note—
The term is defined to include part of a building and any structure or part of a structure, but not including a manufactured home, a moveable dwelling or associated structure (or part of a manufactured home, moveable dwelling or associated structure).
building height (or height of building) means:
(a)  in relation to the height of a building in metres—the vertical distance from ground level (existing) to the highest point of the building, or
(b)  in relation to the RL of a building—the vertical distance from the Australian Height Datum to the highest point of the building,
including plant and lift overruns, but excluding communication devices, antennae, satellite dishes, masts, flagpoles, chimneys, flues and the like.
building identification sign means a sign that identifies or names a building and that may include the name of a building, the street name and number of a building, and a logo or other symbol but does not include general advertising of products, goods or services.
Note—
Building identification signs are a type of signage—see the definition of that term in this Dictionary.
building line or setback means the horizontal distance between the property boundary or other stated boundary (measured at 90 degrees from the boundary) and:
(a)  a building wall, or
(b)  the outside face of any balcony, deck or the like, or
(c)  the supporting posts of a carport or verandah roof,
whichever distance is the shortest.
bush fire hazard reduction work has the same meaning as in the Rural Fires Act 1997.
Note—
The term is defined as follows:
bush fire hazard reduction work means:
(a)  the establishment or maintenance of fire breaks on land, and
(b)  the controlled application of appropriate fire regimes or other means for the reduction or modification of available fuels within a predetermined area to mitigate against the spread of a bush fire,
but does not include construction of a track, trail or road.
bush fire prone land has the same meaning as in the Act.
Note—
The term is defined, in relation to an area, as land recorded for the time being as bush fire prone land on a map for the area certified as referred to in section 146 (2) of the Act.
bush fire risk management plan means a plan prepared under Division 4 of Part 3 of the Rural Fires Act 1997 for the purpose referred to in section 54 of that Act.
business identification sign means a sign:
(a)  that indicates:
(i)  the name of the person or business, and
(ii)  the nature of the business carried on by the person at the premises or place at which the sign is displayed, and
(b)  that may include the address of the premises or place and a logo or other symbol that identifies the business,
but that does not contain any advertising relating to a person who does not carry on business at the premises or place.
Note—
Business identification signs are a type of signage—see the definition of that term in this Dictionary.
business premises means a building or place at or on which:
(a)  an occupation, profession or trade (other than an industry) is carried on for the provision of services directly to members of the public on a regular basis, or
(b)  a service is provided directly to members of the public on a regular basis,
and includes a funeral home and, without limitation, premises such as banks, post offices, hairdressers, dry cleaners, travel agencies, internet access facilities, betting agencies and the like, but does not include an entertainment facility, home business, home occupation, home occupation (sex services), medical centre, restricted premises, sex services premises or veterinary hospital.
Note—
Business premises are a type of commercial premises—see the definition of that term in this Dictionary.
camping ground means an area of land that has access to communal amenities and on which campervans or tents, annexes or other similar portable and lightweight temporary shelters are, or are to be, installed, erected or placed for short term use, but does not include a caravan park.
canal estate development means development that incorporates wholly or in part a constructed canal, or other waterway or waterbody, that is inundated by or drains to a natural waterway or natural waterbody by surface water or groundwater movement (not being works of drainage, or for the supply or treatment of water, that are constructed by or with the authority of a person or body responsible for those functions and that are limited to the minimal reasonable size and capacity to meet a demonstrated need for the works), and that either:
(a)  includes the construction of dwellings (which may include tourist and visitor accommodation) of a kind other than, or in addition to:
(i)  dwellings that are permitted on rural land, and
(ii)  dwellings that are used for caretaker or staff purposes, or
(b)  requires the use of a sufficient depth of fill material to raise the level of all or part of that land on which the dwellings are (or are proposed to be) located in order to comply with requirements relating to residential development on flood prone land.
car park means a building or place primarily used for the purpose of parking motor vehicles, including any manoeuvring space and access thereto, whether operated for gain or not.
caravan park means land (including a camping ground) on which caravans (or caravans and other moveable dwellings) are, or are to be, installed or placed.
catchment action plan has the same meaning as in the Catchment Management Authorities Act 2003.
Note—
The term is defined as a catchment action plan of an authority that has been approved by the Minister under Part 4 of the Catchment Management Authorities Act 2003.
cellar door premises means a building or place that is used to sell wine by retail and that is situated on land on which there is a commercial vineyard, and where most of the wine offered for sale is produced in a winery situated on that land or is produced predominantly from grapes grown in the surrounding area.
Note—
Cellar door premises are a type of retail premises—see the definition of that term in this Dictionary.
cemetery means a building or place used primarily for the interment of deceased persons or pets or their ashes, whether or not it contains an associated building for conducting memorial services.
centre-based child care facility means:
(a)  a building or place used for the education and care of children that provides any one or more of the following:
(i)  long day care,
(ii)  occasional child care,
(iii)  out-of-school-hours care (including vacation care),
(iv)  preschool care, or
(b)  an approved family day care venue (within the meaning of the Children (Education and Care Services) National Law (NSW)),
Note—
An approved family day care venue is a place, other than a residence, where an approved family day care service (within the meaning of the Children (Education and Care Services) National Law (NSW)) is provided.
but does not include:
(c)  a building or place used for home-based child care or school-based child care, or
(d)  an office of a family day care service (within the meanings of the Children (Education and Care Services) National Law (NSW)), or
(e)  a babysitting, playgroup or child-minding service that is organised informally by the parents of the children concerned, or
(f)  a child-minding service that is provided in connection with a recreational or commercial facility (such as a gymnasium) to care for children while the children’s parents are using the facility, or
(g)  a service that is concerned primarily with providing lessons or coaching in, or providing for participation in, a cultural, recreational, religious or sporting activity, or providing private tutoring, or
(h)  a child-minding service that is provided by or in a health services facility, but only if the service is established, registered or licensed as part of the institution operating in the facility.
charter and tourism boating facility means any facility (including a building or other structure) used for charter boating or tourism boating purposes, being a facility that is used only by the operators of the facility and that has a direct structural connection between the foreshore and the waterway, but does not include a marina.
classified road has the same meaning as in the Roads Act 1993.
Note—
The term is defined as follows:
classified road means any of the following:
(a)  a main road,
(b)  a highway,
(c)  a freeway,
(d)  a controlled access road,
(e)  a secondary road,
(f)  a tourist road,
(g)  a tollway,
(h)  a transitway,
(i)  a State work.
(See Roads Act 1993 for meanings of these terms.)
clearing native vegetation has the same meaning as in Part 5A of the Local Land Services Act 2013.
clearing vegetation has the same meaning as in State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017.
coastal hazard has the same meaning as in the Coastal Management Act 2016.
coastal lake means a body of water identified in Schedule 1 to State Environmental Planning Policy (Coastal Management) 2018.
coastal protection works has the same meaning as in the Coastal Management Act 2016.
coastal waters of the State—see section 58 of the Interpretation Act 1987.
coastal zone has the same meaning as in the Coastal Management Act 2016.
commercial premises means any of the following:
(a)  business premises,
(b)  office premises,
(c)  retail premises.
community facility means a building or place:
(a)  owned or controlled by a public authority or non-profit community organisation, and
(b)  used for the physical, social, cultural or intellectual development or welfare of the community,
but does not include an educational establishment, hospital, retail premises, place of public worship or residential accommodation.
community land has the same meaning as in the Local Government Act 1993.
correctional centre means:
(a)  any premises declared to be a correctional centre by a proclamation in force under section 225 of the Crimes (Administration of Sentences) Act 1999, including any juvenile correctional centre or periodic detention centre, and
(b)  any premises declared to be a detention centre by an order in force under section 5 (1) of the Children (Detention Centres) Act 1987,
but does not include any police station or court cell complex in which a person is held in custody in accordance with any Act.
Council means the Goulburn Mulwaree Council.
crematorium means a building in which deceased persons or pets are cremated, whether or not it contains an associated building for conducting memorial services.
Crown reserve means:
(a)  a reserve within the meaning of Part 5 of the Crown Lands Act 1989, or
(b)  a common within the meaning of the Commons Management Act 1989, or
(c)  lands within the meaning of the Trustees of Schools of Arts Enabling Act 1902,
but does not include land that forms any part of a reserve under Part 5 of the Crown Lands Act 1989 provided for accommodation.
curtilage, in relation to a heritage item or conservation area, means the area of land (including land covered by water) surrounding a heritage item, a heritage conservation area, or building, work or place within a heritage conservation area, that contributes to its heritage significance.
dairy (pasture-based) means a dairy that is conducted on a commercial basis where the only restriction facilities present are milking sheds and holding yards and where cattle generally feed by grazing on living grasses and other plants on the land and are constrained for no more than 10 hours in any 24 hour period (excluding during any period of drought or similar emergency relief).
Note—
Dairies (pasture-based) are a type of extensive agriculture—see the definition of that term in this Dictionary.
dairy (restricted) means a dairy that is conducted on a commercial basis where restriction facilities (in addition to milking sheds and holding yards) are present and where cattle have access to grazing for less than 10 hours in any 24 hour period (excluding during any period of drought or similar emergency relief). It may comprise the whole or part of a restriction facility.
Note—
Dairies (restricted) are a type of intensive livestock agriculture—see the definition of that term in this Dictionary.
demolish, in relation to a heritage item or an Aboriginal object, or a building, work, relic or tree within a heritage conservation area, means wholly or partly destroy, dismantle or deface the heritage item, Aboriginal object or building, work, relic or tree.
depot means a building or place used for the storage (but not sale or hire) of plant, machinery or other goods (that support the operations of an existing undertaking) when not required for use, but does not include a farm building.
designated State public infrastructure means public facilities or services that are provided by, 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 social infrastructure and facilities (such as land for schools, hospitals, emergency services and justice purposes).
drainage means any activity that intentionally alters the hydrological regime of any locality by facilitating the removal of surface or ground water. It may include the construction, deepening, extending, opening, installation or laying of any canal, drain or pipe, either on the land or in such a manner as to encourage drainage of adjoining land.
dual occupancy means a dual occupancy (attached) or a dual occupancy (detached).
Note—
Dual occupancies are a type of residential accommodation—see the definition of that term in this Dictionary.
dual occupancy (attached) means 2 dwellings on one lot of land that are attached to each other, but does not include a secondary dwelling.
Note—
Dual occupancies (attached) are a type of dual occupancy—see the definition of that term in this Dictionary.
dual occupancy (detached) means 2 detached dwellings on one lot of land, but does not include a secondary dwelling.
Note—
Dual occupancies (detached) are a type of dual occupancy—see the definition of that term in this Dictionary.
dwelling means a room or suite of rooms occupied or used or so constructed or adapted as to be capable of being occupied or used as a separate domicile.
dwelling house means a building containing only one dwelling.
Note—
Dwelling houses are a type of residential accommodation—see the definition of that term in this Dictionary.
early education and care facility means a building or place used for the education and care of children, and includes any of the following:
(a)  a centre-based child care facility,
(b)  home-based child care,
(c)  school-based child care.
earthworks means excavation or filling.
ecologically sustainable development has the same meaning as in the Act.
eco-tourist facility means a building or place that:
(a)  provides temporary or short-term accommodation to visitors on a commercial basis, and
(b)  is located in or adjacent to an area with special ecological or cultural features, and
(c)  is sensitively designed and located so as to minimise bulk, scale and overall physical footprint and any ecological or visual impact.
It may include facilities that are used to provide information or education to visitors and to exhibit or display items.
Note—
See clause 5.13 for requirements in relation to the granting of development consent for eco-tourist facilities.
Eco-tourist facilities are not a type of tourist and visitor accommodation—see the definition of that term in this Dictionary.
educational establishment means a building or place used for education (including teaching), being:
(a)  a school, or
(b)  a tertiary institution, including a university or a TAFE establishment, that provides formal education and is constituted by or under an Act.
electricity generating works means a building or place used for the purpose of making or generating electricity.
emergency services facility means a building or place (including a helipad) used in connection with the provision of emergency services by an emergency services organisation.
emergency services organisation means any of the following:
(a)  Ambulance Service of New South Wales,
(b)  Fire and Rescue NSW,
(c)  NSW Rural Fire Service,
(d)  NSW Police Force,
(e)  State Emergency Service,
(f)  New South Wales Volunteer Rescue Association Incorporated,
(g)  New South Wales Mines Rescue Brigade established under the Coal Industry Act 2001,
(h)  an accredited rescue unit within the meaning of the State Emergency and Rescue Management Act 1989.
entertainment facility means a theatre, cinema, music hall, concert hall, dance hall and the like, but does not include a pub or registered club.
environmental facility means a building or place that provides for the recreational use or scientific study of natural systems, and includes walking tracks, seating, shelters, board walks, observation decks, bird hides or the like, and associated display structures.
environmental protection works means works associated with the rehabilitation of land towards its natural state or any work to protect land from environmental degradation, and includes bush regeneration works, wetland protection works, erosion protection works, dune restoration works and the like, but does not include coastal protection works.
estuary has the same meaning as in the Water Management Act 2000.
Note—
The term is defined as follows:
estuary means:
(a)  any part of a river whose level is periodically or intermittently affected by coastal tides, or
(b)  any lake or other partially enclosed body of water that is periodically or intermittently open to the sea, or
(c)  anything declared by the regulations (under the Water Management Act 2000) to be an estuary,
but does not include anything declared by the regulations (under the Water Management Act 2000) not to be an estuary.
excavation means the removal of soil or rock, whether moved to another part of the same site or to another site, but does not include garden landscaping that does not significantly alter the shape, natural form or drainage of the land.
exhibition home means a dwelling built for the purposes of the public exhibition and marketing of new dwellings, whether or not it is intended to be sold as a private dwelling after its use for those purposes is completed, and includes any associated sales or home finance office or place used for displays.
exhibition village means 2 or more exhibition homes and associated buildings and places used for house and land sales, site offices, advisory services, car parking, food and drink sales and other associated purposes.
extensive agriculture means any of the following:
(a)  the production of crops or fodder (including irrigated pasture and fodder crops) for commercial purposes,
(b)  the grazing of livestock (other than pigs and poultry) for commercial purposes on living grasses and other plants on the land as their primary source of dietary requirements, and any supplementary or emergency feeding, or temporary agistment or housing for weaning, dipping, tagging or similar husbandry purposes, of the livestock,
(c)  bee keeping,
(d)  a dairy (pasture-based) where the animals generally feed by grazing on living grasses and other plants on the land as their primary source of dietary requirements, and any supplementary or emergency feeding, or temporary agistment or housing for weaning, dipping, tagging or similar husbandry purposes, of the animals.
Note—
Extensive agriculture is a type of agriculture—see the definition of that term in this Dictionary.
extractive industry means the winning or removal of extractive materials (otherwise than from a mine) by methods such as excavating, dredging, tunnelling or quarrying, including the storing, stockpiling or processing of extractive materials by methods such as recycling, washing, crushing, sawing or separating, but does not include turf farming.
Note—
Extractive industries are not a type of industry—see the definition of that term in this Dictionary.
extractive material means sand, soil, gravel, rock or similar substances that are not minerals within the meaning of the Mining Act 1992.
farm building means a structure the use of which is ancillary to an agricultural use of the landholding on which it is situated and includes a hay shed, stock holding yard, machinery shed, shearing shed, silo, storage tank, outbuilding or the like, but does not include a dwelling.
farm stay accommodation means a building or place that provides temporary or short-term accommodation to paying guests on a working farm as a secondary business to primary production.
Note—
See clause 5.4 for controls relating to the number of bedrooms.
Farm stay accommodation is a type of tourist and visitor accommodation—see the definition of that term in this Dictionary.
feedlot means a confined or restricted area that is operated on a commercial basis to rear and fatten cattle, sheep or other animals, but does not include a poultry farm, dairy or pig farm.
Note—
Feedlots are a type of intensive livestock agriculture. Intensive livestock agriculture does not include extensive agriculture. See the definitions of those terms in this Dictionary.
fill means the depositing of soil, rock or other similar extractive material obtained from the same or another site, but does not include:
(a)  the depositing of topsoil or feature rock imported to the site that is intended for use in garden landscaping, turf or garden bed establishment or top dressing of lawns and that does not significantly alter the shape, natural form or drainage of the land, or
(b)  the use of land as a waste disposal facility.
filming means recording images (whether on film or video tape or electronically or by other means) for exhibition or broadcast (such as by cinema, television or the internet or by other means), but does not include:
(a)  still photography, or
(b)  recording images of a wedding ceremony or other private celebration or event principally for the purpose of making a record for the participants in the ceremony, celebration or event, or
(c)  recording images as a visitor or tourist for non-commercial purposes, or
(d)  recording for the immediate purposes of a television program that provides information by way of current affairs or daily news.
fish has the same meaning as in the Fisheries Management Act 1994.
Note—
The term is defined as follows:
Definition of “fish”
(1)  
Fish means marine, estuarine or freshwater fish or other aquatic animal life at any stage of their life history (whether alive or dead).
(2)  
Fish includes:
(a)  oysters and other aquatic molluscs, and
(b)  crustaceans, and
(c)  echinoderms, and
(d)  beachworms and other aquatic polychaetes.
(3)  
Fish also includes any part of a fish.
(4)  
However, fish does not include whales, mammals, reptiles, birds, amphibians or other things excluded from the definition by the regulations under the Fisheries Management Act 1994.
flood mitigation work means work designed and constructed for the express purpose of mitigating flood impacts. It involves changing the characteristics of flood behaviour to alter the level, location, volume, speed or timing of flood waters to mitigate flood impacts. Types of works may include excavation, construction or enlargement of any fill, wall, or levee that will alter riverine flood behaviour, local overland flooding, or tidal action so as to mitigate flood impacts.
Flood Planning Map means the Goulburn Mulwaree Local Environmental Plan 2009 Flood Planning Map.
floor space ratio—see clause 4.5.
Floor Space Ratio Map means the Goulburn Mulwaree Local Environmental Plan 2010 Floor Space Ratio Map.
food and drink premises means premises that are used for the preparation and retail sale of food or drink (or both) for immediate consumption on or off the premises, and includes any of the following:
(a)  a restaurant or cafe,
(b)  take away food and drink premises,
(c)  a pub,
(d)  a small bar.
Note—
Food and drink premises are a type of retail premises—see the definition of that term in this Dictionary.
forestry means forestry operations within the meaning of the Forestry Act 2012 or Part 5B of the Local Land Services Act 2013.
freight transport facility means a facility used principally for the bulk handling of goods for transport by road, rail, air or sea, including any facility for the loading and unloading of vehicles, aircraft, vessels or containers used to transport those goods and for the parking, holding, servicing or repair of those vehicles, aircraft or vessels or for the engines or carriages involved.
function centre means a building or place used for the holding of events, functions, conferences and the like, and includes convention centres, exhibition centres and reception centres, but does not include an entertainment facility.
funeral home means premises that are used to arrange, conduct and cater for funerals and memorial services, whether or not the premises include facilities for the short-term storage, dressing and viewing of bodies of deceased persons.
Note—
Funeral homes are a type of business premises—see the definition of that term in this Dictionary.
garden centre means a building or place the principal purpose of which is the retail sale of plants and landscaping and gardening supplies and equipment. It may include a restaurant or cafe and the sale of any of the following:
(a)  outdoor furniture and furnishings, barbecues, shading and awnings, pools, spas and associated supplies, and items associated with the construction and maintenance of outdoor areas,
(b)  pets and pet supplies,
(c)  fresh produce.
Note—
Garden centres are a type of retail premises—see the definition of that term in this Dictionary.
general industry means a building or place (other than a heavy industry or light industry) that is used to carry out an industrial activity.
Note—
General industries are a type of industry—see the definition of that term in this Dictionary.
gross floor area means the sum of the floor area of each floor of a building measured from the internal face of external walls, or from the internal face of walls separating the building from any other building, measured at a height of 1.4 metres above the floor, and includes:
(a)  the area of a mezzanine, and
(b)  habitable rooms in a basement or an attic, and
(c)  any shop, auditorium, cinema, and the like, in a basement or attic,
but excludes:
(d)  any area for common vertical circulation, such as lifts and stairs, and
(e)  any basement:
(i)  storage, and
(ii)  vehicular access, loading areas, garbage and services, and
(f)  plant rooms, lift towers and other areas used exclusively for mechanical services or ducting, and
(g)  car parking to meet any requirements of the consent authority (including access to that car parking), and
(h)  any space used for the loading or unloading of goods (including access to it), and
(i)  terraces and balconies with outer walls less than 1.4 metres high, and
(j)  voids above a floor at the level of a storey or storey above.
ground level (existing) means the existing level of a site at any point.
ground level (finished) means, for any point on a site, the ground surface after completion of any earthworks (excluding any excavation for a basement, footings or the like) for which consent has been granted or that is exempt development.
ground level (mean) means, for any site on which a building is situated or proposed, one half of the sum of the highest and lowest levels at ground level (finished) of the outer surface of the external walls of the building.
group home means a permanent group home or a transitional group home.
Note—
Group homes are a type of residential accommodation—see the definition of that term in this Dictionary.
group home (permanent) or permanent group home means a dwelling:
(a)  that is occupied by persons as a single household with or without paid supervision or care and whether or not those persons are related or payment for board and lodging is required, and
(b)  that is used to provide permanent household accommodation for people with a disability or people who are socially disadvantaged,
but does not include development to which State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 applies.
Note—
Permanent group homes are a type of group home—see the definition of that term in this Dictionary.
group home (transitional) or transitional group home means a dwelling:
(a)  that is occupied by persons as a single household with or without paid supervision or care and whether or not those persons are related or payment for board and lodging is required, and
(b)  that is used to provide temporary accommodation for the relief or rehabilitation of people with a disability or for drug or alcohol rehabilitation purposes, or that is used to provide half-way accommodation for persons formerly living in institutions or temporary accommodation comprising refuges for men, women or young people,
but does not include development to which State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 applies.
Note—
Transitional group homes are a type of group home—see the definition of that term in this Dictionary.
hardware and building supplies means a building or place the principal purpose of which is the sale or hire of goods or materials, such as household fixtures, timber, tools, paint, wallpaper, plumbing supplies and the like, that are used in the construction and maintenance of buildings and adjacent outdoor areas.
Note—
Hardware and building supplies are a type of retail premises—see the definition of that term in this Dictionary.
hazardous industry means a building or place used to carry out an industrial activity that would, when carried out and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the activity from existing or likely future development on other land in the locality), pose a significant risk in the locality:
(a)  to human health, life or property, or
(b)  to the biophysical environment.
Note—
Hazardous industries are a type of heavy industry—see the definition of that term in this Dictionary.
hazardous storage establishment means a building or place that is used for the storage of goods, materials or products and that would, when in operation and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the building or place from existing or likely future development on other land in the locality), pose a significant risk in the locality:
(a)  to human health, life or property, or
(b)  to the biophysical environment.
Note—
Hazardous storage establishments are a type of heavy industrial storage establishment—see the definition of that term in this Dictionary.
headland includes a promontory extending from the general line of the coastline into a large body of water, such as a sea, coastal lake or bay.
health care professional means any person registered under an Act for the purpose of providing health care.
health consulting rooms means premises comprising one or more rooms within (or within the curtilage of) a dwelling house used by not more than 3 health care professionals at any one time.
Note—
Health consulting rooms are a type of health services facility—see the definition of that term in this Dictionary.
health services facility means a building or place used to provide medical or other services relating to the maintenance or improvement of the health, or the restoration to health, of persons or the prevention of disease in or treatment of injury to persons, and includes any of the following:
(a)  a medical centre,
(b)  community health service facilities,
(c)  health consulting rooms,
(d)  patient transport facilities, including helipads and ambulance facilities,
(e)  hospital.
heavy industrial storage establishment means a building or place used for the storage of goods, materials, plant or machinery for commercial purposes and that requires separation from other development because of the nature of the processes involved, or the goods, materials, plant or machinery stored, and includes any of the following:
(a)  a hazardous storage establishment,
(b)  a liquid fuel depot,
(c)  an offensive storage establishment.
heavy industry means a building or place used to carry out an industrial activity that requires separation from other development because of the nature of the processes involved, or the materials used, stored or produced, and includes:
(a)  hazardous industry, or
(b)  offensive industry.
It may also involve the use of a hazardous storage establishment or offensive storage establishment.
Note—
Heavy industries are a type of industry—see the definition of that term in this Dictionary.
Height of Buildings Map means the Goulburn Mulwaree Local Environmental Plan 2010 Height of Buildings Map.
helipad means a place not open to the public used for the taking off and landing of helicopters.
heliport means a place open to the public that is used for the taking off and landing of helicopters, whether or not it includes:
(a)  a terminal building, or
(b)  facilities for the parking, storage or repair of helicopters.
Note—
Heliports are a type of air transport facility—see the definition of that term in this Dictionary.
heritage conservation area means an area of land of heritage significance:
(a)  shown on the Heritage Map as a heritage conservation area, and
(b)  the location and nature of which is described in Schedule 5,
and includes any heritage items situated on or within that area.
heritage conservation management plan means a document prepared in accordance with guidelines prepared by the Public Service agency responsible to the Minister administering the Heritage Act 1977 that documents the heritage significance of an item, place or heritage conservation area and identifies conservation policies and management mechanisms that are appropriate to enable that significance to be retained.
heritage impact statement means a document consisting of:
(a)  a statement demonstrating the heritage significance of a heritage item or heritage conservation area, and
(b)  an assessment of the impact that proposed development will have on that significance, and
(c)  proposals for measures to minimise that impact.
heritage item means a building, work, place, relic, tree, object or archaeological site the location and nature of which is described in Schedule 5.
Note—
An inventory of heritage items is also available at the office of the Council.
heritage management document means:
(a)  a heritage conservation management plan, or
(b)  a heritage impact statement, or
(c)  any other document that provides guidelines for the ongoing management and conservation of a heritage item, Aboriginal object, Aboriginal place of heritage significance or heritage conservation area.
Heritage Map means the Goulburn Mulwaree Local Environmental Plan 2010 Heritage Map.
heritage significance means historical, scientific, cultural, social, archaeological, architectural, natural or aesthetic value.
high technology industry means a building or place predominantly used to carry out an industrial activity that involves any of the following:
(a)  electronic or micro-electronic systems, goods or components,
(b)  information technology (such as computer software or hardware),
(c)  instrumentation or instruments of a scientific, industrial, technological, medical or similar nature,
(d)  biological, pharmaceutical, medical or paramedical systems, goods or components,
(e)  film, television or multi-media technologies, including any post production systems, goods or components,
(f)  telecommunications systems, goods or components,
(g)  sustainable energy technologies,
(h)  any other goods, systems or components intended for use in a science or technology related field,
but does not include a building or place used to carry out an industrial activity that presents a hazard or potential hazard to the neighbourhood or that, because of the scale and nature of the processes involved, interferes with the amenity of the neighbourhood.
Note—
High technology industries are a type of light industry—see the definition of that term in this Dictionary.
highway service centre means a building or place used to provide refreshments and vehicle services to highway users. It may include any one or more of the following:
(a)  a restaurant or cafe,
(b)  take away food and drink premises,
(c)  service stations and facilities for emergency vehicle towing and repairs,
(d)  parking for vehicles,
(e)  rest areas and public amenities.
home-based child care means:
(a)  a family day care residence (within the meaning of the Children (Education and Care Services) National Law (NSW)), or
Note—
A family day care residence is a residence at which a family day care educator educates and cares for children as part of a family day care service—see the Children (Education and Care Services) National Law (NSW)).
(b)  a dwelling used for the purposes of a home based education and care service (within the meaning of the Children (Education and Care Services) Supplementary Provisions Act 2011),
at which the education and care service is provided at any one time to no more than 7 children (including any child of the person providing the service) all of whom are under the age of 13 years and no more than 4 of whom are children who do not ordinarily attend school.
home business means a business that is carried on in a dwelling, or in a building ancillary to a dwelling, by one or more permanent residents of the dwelling and that does not involve:
(a)  the employment of more than 2 persons other than those residents, or
(b)  interference with the amenity of the neighbourhood by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, traffic generation or otherwise, or
(c)  the exposure to view, from any adjacent premises or from any public place, of any unsightly matter, or
(d)  the exhibition of any signage (other than a business identification sign), or
(e)  the sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail, except for goods produced at the dwelling or building,
but does not include bed and breakfast accommodation, home occupation (sex services) or sex services premises.
Note—
See clause 5.4 for controls relating to the floor area used for a home business.
home industry means a dwelling (or a building ancillary to a dwelling) used by one or more permanent residents of the dwelling to carry out an industrial activity that does not involve any of the following:
(a)  the employment of more than 2 persons other than those residents,
(b)  interference with the amenity of the neighbourhood by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, traffic generation or otherwise,
(c)  the exposure to view, from any adjacent premises or from any public place, of any unsightly matter,
(d)  the exhibition of any signage (other than a business identification sign),
(e)  the sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail, except for goods produced at the dwelling or building,
but does not include bed and breakfast accommodation or sex services premises.
Note—
See clause 5.4 for controls relating to the floor area used for a home industry.
Home industries are a type of light industry—see the definition of that term in this Dictionary.
home occupation means an occupation that is carried on in a dwelling, or in a building ancillary to a dwelling, by one or more permanent residents of the dwelling and that does not involve:
(a)  the employment of persons other than those residents, or
(b)  interference with the amenity of the neighbourhood by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, traffic generation or otherwise, or
(c)  the display of goods, whether in a window or otherwise, or
(d)  the exhibition of any signage (other than a business identification sign), or
(e)  the sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail,
but does not include bed and breakfast accommodation, home occupation (sex services) or sex services premises.
home occupation (sex services) means the provision of sex services in a dwelling that is a brothel, or in a building that is a brothel and is ancillary to such a dwelling, by no more than 2 permanent residents of the dwelling and that does not involve:
(a)  the employment of persons other than those residents, or
(b)  interference with the amenity of the neighbourhood by reason of the emission of noise, traffic generation or otherwise, or
(c)  the exhibition of any signage, or
(d)  the sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail,
but does not include a home business or sex services premises.
horticulture means the cultivation of fruits, vegetables, mushrooms, nuts, cut flowers and foliage and nursery products for commercial purposes, but does not include a plant nursery, turf farming or viticulture.
Note—
Horticulture is a type of intensive plant agriculture—see the definition of that term in this Dictionary.
hospital means a building or place used for the purpose of providing professional health care services (such as preventative or convalescent care, diagnosis, medical or surgical treatment, psychiatric care or care for people with disabilities, or counselling services provided by health care professionals) to people admitted as in-patients (whether or not out-patients are also cared for or treated there), and includes ancillary facilities for (or that consist of) any of the following:
(a)  day surgery, day procedures or health consulting rooms,
(b)  accommodation for nurses or other health care workers,
(c)  accommodation for persons receiving health care or for their visitors,
(d)  shops, kiosks, restaurants or cafes or take away food and drink premises,
(e)  patient transport facilities, including helipads, ambulance facilities and car parking,
(f)  educational purposes or any other health-related use,
(g)  research purposes (whether or not carried out by hospital staff or health care workers or for commercial purposes),
(h)  chapels,
(i)  hospices,
(j)  mortuaries.
Note—
Hospitals are a type of health services facility—see the definition of that term in this Dictionary.
hostel means premises that are generally staffed by social workers or support providers and at which:
(a)  residential accommodation is provided in dormitories, or on a single or shared basis, or by a combination of them, and
(b)  cooking, dining, laundering, cleaning and other facilities are provided on a shared basis.
Note—
Hostels are a type of residential accommodation—see the definition of that term in this Dictionary.
hotel or motel accommodation means a building or place (whether or not licensed premises under the Liquor Act 2007) that provides temporary or short-term accommodation on a commercial basis and that:
(a)  comprises rooms or self-contained suites, and
(b)  may provide meals to guests or the general public and facilities for the parking of guests’ vehicles,
but does not include backpackers’ accommodation, a boarding house, bed and breakfast accommodation or farm stay accommodation.
Note—
Hotel or motel accommodation is a type of tourist and visitor accommodation—see the definition of that term in this Dictionary.
industrial activity means the manufacturing, production, assembling, altering, formulating, repairing, renovating, ornamenting, finishing, cleaning, washing, dismantling, transforming, processing, recycling, adapting or servicing of, or the research and development of, any goods, substances, food, products or articles for commercial purposes, and includes any storage or transportation associated with any such activity.
industrial retail outlet means a building or place that:
(a)  is used in conjunction with an industry (other than an artisan food and drink industry) or rural industry, and
(b)  is situated on the land on which the industry or rural industry is located, and
(c)  is used for the display or sale (whether by retail or wholesale) of only those goods that have been manufactured on the land on which the industry or rural industry is located,
but does not include a warehouse or distribution centre.
Note—
See clause 5.4 for controls relating to the retail floor area of an industrial retail outlet.
industrial training facility means a building or place used in connection with vocational training in an activity (such as forklift or truck driving, welding or carpentry) that is associated with an industry, rural industry, extractive industry or mining, but does not include an educational establishment, business premises or retail premises.
industry means any of the following:
(a)  general industry,
(b)  heavy industry,
(c)  light industry,
but does not include:
(d)  rural industry, or
(e)  extractive industry, or
(f)  mining.
information and education facility means a building or place used for providing information or education to visitors, and the exhibition or display of items, and includes an art gallery, museum, library, visitor information centre and the like.
intensive livestock agriculture means the keeping or breeding, for commercial purposes, of cattle, poultry, pigs, goats, horses, sheep or other livestock, and includes any of the following:
(a)  dairies (restricted),
(b)  feedlots,
(c)  pig farms,
(d)  poultry farms,
but does not include extensive agriculture, aquaculture or the operation of facilities for drought or similar emergency relief.
Note—
Intensive livestock agriculture is a type of agriculture—see the definition of that term in this Dictionary.
intensive plant agriculture means any of the following:
(a)  the cultivation of irrigated crops for commercial purposes (other than irrigated pasture or fodder crops),
(b)  horticulture,
(c)  turf farming,
(d)  viticulture.
Note—
Intensive plant agriculture is a type of agriculture—see the definition of that term in this Dictionary.
jetty means a horizontal decked walkway providing access from the shore to the waterway and is generally constructed on a piered or piled foundation.
kiosk means premises that are used for the purposes of selling food, light refreshments and other small convenience items such as newspapers, films and the like.
Note—
See clause 5.4 for controls relating to the gross floor area of a kiosk.
Kiosks are a type of retail premises—see the definition of that term in this Dictionary.
Land Application Map means the Goulburn Mulwaree Local Environmental Plan 2010 Land Application Map.
Land Reservation Acquisition Map means the Goulburn Mulwaree Local Environmental Plan 2010 Land Reservation Acquisition Map.
Land Zoning Map means the Goulburn Mulwaree Local Environmental Plan 2010 Land Zoning Map.
landscaped area means a part of a site used for growing plants, grasses and trees, but does not include any building, structure or hard paved area.
landscaping material supplies means a building or place used for the storage and sale of landscaping supplies such as soil, gravel, potting mix, mulch, sand, railway sleepers, screenings, rock and the like.
Note—
Landscaping material supplies are a type of retail premises—see the definition of that term in this Dictionary.
light industry means a building or place used to carry out an industrial activity that does not interfere with the amenity of the neighbourhood by reason of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, or otherwise, and includes any of the following:
(a)  high technology industry,
(b)  home industry,
(c)  artisan food and drink industry.
Note—
Light industries are a type of industry—see the definition of that term in this Dictionary.
liquid fuel depot means premises used for the bulk storage of petrol, oil, petroleum or other inflammable liquid for wholesale distribution and at which no retail trade is conducted.
Note—
Liquid fuel depots are a type of heavy industrial storage establishment—see the definition of that term in this Dictionary.
livestock processing industry means a building or place used for the commercial production of products derived from the slaughter of animals (including poultry) or the processing of skins or wool of animals and includes abattoirs, knackeries, tanneries, woolscours and rendering plants.
Note—
Livestock processing industries are a type of rural industry—see the definition of that term in this Dictionary.
local distribution premises means a building or place used for the storage or handling of items (whether goods or materials) pending their delivery to people and businesses in the local area, but from which no retail sales are made.
Note—
Local distribution premises are a type of warehouse or distribution centre—see the definition of that term in this Dictionary.
Lot Size Map means the Goulburn Mulwaree Local Environmental Plan 2010 Lot Size Map.
maintenance, in relation to a heritage item, Aboriginal object or Aboriginal place of heritage significance, or a building, work, archaeological site, tree or place within a heritage conservation area, means ongoing protective care, but does not include the removal or disturbance of existing fabric, alterations (such as carrying out extensions or additions) or the introduction of new materials or technology.
marina means a permanent boat storage facility (whether located wholly on land, wholly on a waterway or partly on land and partly on a waterway), and includes any of the following associated facilities:
(a)  any facility for the construction, repair, maintenance, storage, sale or hire of boats,
(b)  any facility for providing fuelling, sewage pump-out or other services for boats,
(c)  any facility for launching or landing boats, such as slipways or hoists,
(d)  any car parking or commercial, tourist or recreational or club facility that is ancillary to the boat storage facility,
(e)  any berthing or mooring facilities.
market means an open-air area, or an existing building, that is used for the purpose of selling, exposing or offering goods, merchandise or materials for sale by independent stall holders, and includes temporary structures and existing permanent structures used for that purpose on an intermittent or occasional basis.
Note—
Markets are a type of retail premises—see the definition of that term in this Dictionary.
mean high water mark means the position where the plane of the mean high water level of all ordinary local high tides intersects the foreshore, being 1.44m above the zero of Fort Denison Tide Gauge and 0.515m Australian Height Datum.
medical centre means premises that are used for the purpose of providing health services (including preventative care, diagnosis, medical or surgical treatment, counselling or alternative therapies) to out-patients only, where such services are principally provided by health care professionals. It may include the ancillary provision of other health services.
Note—
Medical centres are a type of health services facility—see the definition of that term in this Dictionary.
mezzanine means an intermediate floor within a room.
mine means any place (including any excavation) where an operation is carried on for mining of any mineral by any method and any place on which any mining related work is carried out, but does not include a place used only for extractive industry.
mine subsidence district means a mine subsidence district proclaimed under section 15 of the Mine Subsidence Compensation Act 1961.
Mineral Resource Area Map means the Goulburn Mulwaree Local Environmental Plan 2009 Mineral Resource Area Map.
mining means mining carried out under the Mining Act 1992 or the recovery of minerals under the Offshore Minerals Act 1999, and includes:
(a)  the construction, operation and decommissioning of associated works, and
(b)  the rehabilitation of land affected by mining.
Note—
Mining is not a type of industry—see the definition of that term in this Dictionary.
mixed use development means a building or place comprising 2 or more different land uses.
mooring means a detached or freestanding apparatus located on or in a waterway and that is capable of securing a vessel, but does not include a mooring pen.
mooring pen means an arrangement of freestanding piles or other restraining devices designed or used for the purpose of berthing a vessel.
mortuary means premises that are used, or intended to be used, for the receiving, preparation, embalming and storage of bodies of deceased persons pending their interment or cremation.
moveable dwelling has the same meaning as in the Local Government Act 1993.
Note—
The term is defined as follows:
moveable dwelling means:
(a)  any tent, or any caravan or other van or other portable device (whether on wheels or not), used for human habitation, or
(b)  a manufactured home, or
(c)  any conveyance, structure or thing of a class or description prescribed by the regulations (under the Local Government Act 1993) for the purposes of this definition.
multi dwelling housing means 3 or more dwellings (whether attached or detached) on one lot of land, each with access at ground level, but does not include a residential flat building.
Note—
Multi dwelling housing is a type of residential accommodation—see the definition of that term in this Dictionary.
native fauna means any animal-life that is indigenous to New South Wales or is known to periodically or occasionally migrate to New South Wales, whether vertebrate (including fish) or invertebrate and in any stage of biological development, but does not include humans.
native flora means any plant-life that is indigenous to New South Wales, whether vascular or non-vascular and in any stage of biological development, and includes fungi and lichens, and marine vegetation within the meaning of Part 7A of the Fisheries Management Act 1994.
native vegetation has the same meaning as in Part 5A of the Local Land Services Act 2013.
navigable waterway means any waterway that is from time to time capable of navigation and is open to or used by the public for navigation, but does not include flood waters that have temporarily flowed over the established bank of a watercourse.
neighbourhood shop means premises used for the purposes of selling general merchandise such as foodstuffs, personal care products, newspapers and the like to provide for the day-to-day needs of people who live or work in the local area, and may include ancillary services such as a post office, bank or dry cleaning, but does not include neighbourhood supermarkets or restricted premises.
Note—
See clause 5.4 for controls relating to the retail floor area of neighbourhood shops.
Neighbourhood shops are a type of shop—see the definition of that term in this Dictionary.
neighbourhood supermarket means premises the principal purpose of which is the sale of groceries and foodstuffs to provide for the needs of people who live or work in the local area.
Note—
See clause 5.4 for controls relating to the gross floor area of neighbourhood supermarkets.
Neighbourhood supermarkets are a type of shop—see the definition of that term in this Dictionary.
nominated State heritage item means a heritage item that:
(a)  has been identified as an item of State significance in a publicly exhibited heritage study adopted by the Council, and
(b)  the Council has, by notice in writing to the Heritage Council, nominated as an item of potential State significance.
non-potable water means water that does not meet the standards or values for drinking water recommended from time to time by the National Health and Medical Research Council.
offensive industry means a building or place used to carry out an industrial activity that would, when carried out and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the activity from existing or likely future development on other land in the locality), emit a polluting discharge (including, for example, noise) in a manner that would have a significant adverse impact in the locality or on existing or likely future development on other land in the locality.
Note—
Offensive industries are a type of heavy industry—see the definition of that term in this Dictionary.
offensive storage establishment means a building or place that is used for the storage of goods, materials or products and that would, when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the building or place from existing or likely future development on other land in the locality), emit a polluting discharge (including, for example, noise) in a manner that would have a significant adverse impact in the locality or on existing or likely future development on other land in the locality.
Note—
Offensive storage establishments are a type of heavy industrial storage establishment—see the definition of that term in this Dictionary.
office premises means a building or place used for the purpose of administrative, clerical, technical, professional or similar activities that do not include dealing with members of the public at the building or place on a direct and regular basis, except where such dealing is a minor activity (by appointment) that is ancillary to the main purpose for which the building or place is used.
Note—
Office premises are a type of commercial premises—see the definition of that term in this Dictionary.
open cut mining means mining carried out on, and by excavating, the earth’s surface, but does not include underground mining.
operational land has the same meaning as in the Local Government Act 1993.
oyster aquaculture means the cultivation of any species of edible oyster for a commercial purpose.
Note—
Oyster aquaculture is a type of aquaculture—see the definition of that term in this Dictionary.
parking space means a space dedicated for the parking of a motor vehicle, including any manoeuvring space and access to it, but does not include a car park.
passenger transport facility means a building or place used for the assembly or dispersal of passengers by any form of transport, including facilities required for parking, manoeuvring, storage or routine servicing of any vehicle that uses the building or place.
people who are socially disadvantaged means:
(a)  people who are disadvantaged because of their alcohol or drug dependence, extreme poverty, psychological disorder or other similar disadvantage, or
(b)  people who require protection because of domestic violence or upheaval.
people with a disability means people of any age who, as a result of having an intellectual, psychiatric, sensory, physical or similar impairment, or a combination of such impairments, either permanently or for an extended period, have substantially limited opportunities to enjoy full and active lives.
pig farm means land that is used to keep or breed pigs for animal production, whether an indoor, outdoor, free-range or other type of operation.
Note—
Pig farms are a type of intensive livestock agriculture—see the definition of that term in this Dictionary.
place of public worship means a building or place used for the purpose of religious worship by a congregation or religious group, whether or not the building or place is also used for counselling, social events, instruction or religious training.
plant nursery means a building or place the principal purpose of which is the retail sale of plants that are grown or propagated on site or on an adjacent site. It may include the on-site sale of any such plants by wholesale and, if ancillary to the principal purpose for which the building or place is used, the sale of landscape and gardening supplies and equipment and the storage of these items.
Note—
Plant nurseries are a type of retail premises—see the definition of that term in this Dictionary.
pond-based aquaculture means aquaculture undertaken predominantly in ponds, raceways or dams (including any part of the aquaculture undertaken in tanks such as during the hatchery or depuration phases), but not including natural water-based aquaculture.
Note—
Pond-based aquaculture is a type of aquaculture—see the definition of that term in this Dictionary. Typical pond-based aquaculture is the pond culture of prawns, yabbies or silver perch.
port facilities means any of the following facilities at or in the vicinity of a designated port within the meaning of section 47 of the Ports and Maritime Administration Act 1995:
(a)  facilities for the embarkation or disembarkation of passengers onto or from any vessels, including public ferry wharves,
(b)  facilities for the loading or unloading of freight onto or from vessels and associated receival, land transport and storage facilities,
(c)  wharves for commercial fishing operations,
(d)  refuelling, launching, berthing, mooring, storage or maintenance facilities for any vessel,
(e)  sea walls or training walls,
(f)  administration buildings, communication, security and power supply facilities, roads, rail lines, pipelines, fencing, lighting or car parks.
potable water means water that meets the standards or values for drinking water recommended from time to time by the National Health and Medical Research Council.
poultry farm means land that is used to keep or breed poultry for animal production, whether for meat or egg production (or both) and whether an indoor, outdoor, free-range or other type of operation.
Note—
Poultry farms are a type of intensive livestock agriculture—see the definition of that term in this Dictionary.
private open space means an area external to a building (including an area of land, terrace, balcony or deck) that is used for private outdoor purposes ancillary to the use of the building.
property vegetation plan mean a property vegetation plan approved under Part 4 of the Native Vegetation Act 2003 before the repeal of that Act (as continued in force by the regulations under the Biodiversity Conservation Act 2016).
pub means licensed premises under the Liquor Act 2007 the principal purpose of which is the retail sale of liquor for consumption on the premises, whether or not the premises include hotel or motel accommodation and whether or not food is sold or entertainment is provided on the premises.
Note—
Pubs are a type of food and drink premises—see the definition of that term in this Dictionary.
public administration building means a building used as offices or for administrative or other like purposes by the Crown, a statutory body, a council or an organisation established for public purposes, and includes a courthouse or a police station.
public authority has the same meaning as in the Act.
public land has the same meaning as in the Local Government Act 1993.
Note—
The term is defined as follows:
public land means any land (including a public reserve) vested in or under the control of the council, but does not include:
(a)  a public road, or
(b)  land to which the Crown Lands Act 1989 applies, or
(c)  a common, or
(d)  land subject to the Trustees of Schools of Arts Enabling Act 1902, or
(e)  a regional park under the National Parks and Wildlife Act 1974.
public reserve has the same meaning as in the Local Government Act 1993.
public utility infrastructure, in relation to an urban release area, includes infrastructure for any of the following:
(a)  the supply of water,
(b)  the supply of electricity,
(c)  the disposal and management of sewage.
public utility undertaking means any of the following undertakings carried on or permitted to be carried on by or by authority of any Public Service agency or under the authority of or in pursuance of any Commonwealth or State Act:
(a)  railway, road transport, water transport, air transport, wharf or river undertakings,
(b)  undertakings for the supply of water, hydraulic power, electricity or gas or the provision of sewerage or drainage services,
and a reference to a person carrying on a public utility undertaking includes a reference to a council, electricity supply authority, Public Service agency, corporation, firm or authority carrying on the undertaking.
rainwater tank means a tank designed for the storage of rainwater gathered on the land on which the tank is situated.
recreation area means a place used for outdoor recreation that is normally open to the public, and includes:
(a)  a children’s playground, or
(b)  an area used for community sporting activities, or
(c)  a public park, reserve or garden or the like,
and any ancillary buildings, but does not include a recreation facility (indoor), recreation facility (major) or recreation facility (outdoor).
recreation facility (indoor) means a building or place used predominantly for indoor recreation, whether or not operated for the purposes of gain, including a squash court, indoor swimming pool, gymnasium, table tennis centre, health studio, bowling alley, ice rink or any other building or place of a like character used for indoor recreation, but does not include an entertainment facility, a recreation facility (major) or a registered club.
recreation facility (major) means a building or place used for large-scale sporting or recreation activities that are attended by large numbers of people whether regularly or periodically, and includes theme parks, sports stadiums, showgrounds, racecourses and motor racing tracks.
recreation facility (outdoor) means a building or place (other than a recreation area) used predominantly for outdoor recreation, whether or not operated for the purposes of gain, including a golf course, golf driving range, mini-golf centre, tennis court, paint-ball centre, lawn bowling green, outdoor swimming pool, equestrian centre, skate board ramp, go-kart track, rifle range, water-ski centre or any other building or place of a like character used for outdoor recreation (including any ancillary buildings), but does not include an entertainment facility or a recreation facility (major).
Reduced Level (RL) means height above the Australian Height Datum, being the datum surface approximating mean sea level that was adopted by the National Mapping Council of Australia in May 1971.
registered club means a club that holds a club licence under the Liquor Act 2007.
relic has the same meaning as in the Heritage Act 1977.
Note—
The term is defined as follows:
relic means any deposit, artefact, object or material evidence that:
(a)  relates to the settlement of the area that comprises New South Wales, not being Aboriginal settlement, and
(b)  is of State or local heritage significance.
research station means a building or place operated by a public authority for the principal purpose of agricultural, environmental, fisheries, forestry, minerals or soil conservation research, and includes any associated facility for education, training, administration or accommodation.
residential accommodation means a building or place used predominantly as a place of residence, and includes any of the following:
(a)  attached dwellings,
(b)  boarding houses,
(c)  dual occupancies,
(d)  dwelling houses,
(e)  group homes,
(f)  hostels,
(g)  multi dwelling housing,
(h)  residential flat buildings,
(i)  rural workers’ dwellings,
(j)  secondary dwellings,
(k)  semi-detached dwellings,
(l)  seniors housing,
(m)  shop top housing,
but does not include tourist and visitor accommodation or caravan parks.
residential care facility means accommodation for seniors or people with a disability that includes:
(a)  meals and cleaning services, and
(b)  personal care or nursing care, or both, and
(c)  appropriate staffing, furniture, furnishings and equipment for the provision of that accommodation and care,
but does not include a dwelling, hostel, hospital or psychiatric facility.
Note—
Residential care facilities are a type of seniors housing—see the definition of that term in this Dictionary.
residential flat building means a building containing 3 or more dwellings, but does not include an attached dwelling or multi dwelling housing.
Note—
Residential flat buildings are a type of residential accommodation— see the definition of that term in this Dictionary.
resource recovery facility means a building or place used for the recovery of resources from waste, including works or activities such as separating and sorting, processing or treating the waste, composting, temporary storage, transfer or sale of recovered resources, energy generation from gases and water treatment, but not including re-manufacture or disposal of the material by landfill or incineration.
Note—
Resource recovery facilities are a type of waste or resource management facility—see the definition of that term in this Dictionary.
respite day care centre means a building or place that is used for the care of seniors or people who have a disability and that does not provide overnight accommodation for people other than those related to the owner or operator of the centre.
restaurant or cafe means a building or place the principal purpose of which is the preparation and serving, on a retail basis, of food and drink to people for consumption on the premises, whether or not liquor, take away meals and drinks or entertainment are also provided.
Note—
Restaurants or cafes are a type of food and drink premises—see the definition of that term in this Dictionary.
restricted premises means premises that, due to their nature, restrict access to patrons or customers over 18 years of age, and includes sex shops and similar premises, but does not include a pub, hotel or motel accommodation, home occupation (sex services) or sex services premises.
restriction facilities means facilities where animals are constrained for management purposes, including milking sheds, pads, feed stalls, holding yards and paddocks where the number of livestock exceeds the ability of vegetation to recover from the effects of grazing in a normal growing season, but does not include facilities for drought or similar emergency relief.
retail premises means a building or place used for the purpose of selling items by retail, or hiring or displaying items for the purpose of selling them or hiring them out, whether the items are goods or materials (or whether also sold by wholesale), and includes any of the following;
(a)    (Repealed)
(b)  cellar door premises,
(c)  food and drink premises,
(d)  garden centres,
(e)  hardware and building supplies,
(f)  kiosks,
(g)  landscaping material supplies,
(h)  markets,
(i)  plant nurseries,
(j)  roadside stalls,
(k)  rural supplies,
(l)  shops,
(la)  specialised retail premises,
(m)  timber yards,
(n)  vehicle sales or hire premises,
but does not include highway service centres, service stations, industrial retail outlets or restricted premises.
Note—
Retail premises are a type of commercial premises—see the definition of that term in this Dictionary.
road means a public road or a private road within the meaning of the Roads Act 1993, and includes a classified road.
roadside stall means a place or temporary structure used for the retail sale of agricultural produce or hand crafted goods (or both) produced from the property on which the stall is situated or from an adjacent property.
Note—
See clause 5.4 for controls relating to the gross floor area of roadside stalls.
Roadside stalls are a type of retail premises—see the definition of that term in this Dictionary.
rural industry means the handling, treating, production, processing, storage or packing of animal or plant agricultural products for commercial purposes, and includes any of the following:
(a)  agricultural produce industries,
(b)  livestock processing industries,
(c)  composting facilities and works (including the production of mushroom substrate),
(d)  sawmill or log processing works,
(e)  stock and sale yards,
(f)  the regular servicing or repairing of plant or equipment used for the purposes of a rural enterprise.
Note—
Rural industries are not a type of industry—see the definition of that term in this Dictionary.
rural supplies means a building or place used for the display, sale or hire of stockfeeds, grains, seed, fertilizers, veterinary supplies and other goods or materials used in farming and primary industry production.
Note—
Rural supplies are a type of retail premises—see the definition of that term in this Dictionary.
rural worker’s dwelling means a building or place that is additional to a dwelling house on the same lot and that is used predominantly as a place of residence by persons employed, whether on a long-term or short-term basis, for the purpose of agriculture or a rural industry on that land.
Note—
Rural workers’ dwellings are a type of residential accommodation—see the definition of that term in this Dictionary.
sawmill or log processing works means a building or place used for handling, cutting, chipping, pulping or otherwise processing logs, baulks, branches or stumps, principally derived from surrounding districts, into timber or other products derived from wood.
Note—
Sawmill or log processing works are a type of rural industry—see the definition of that term in this Dictionary.
school means a government school or non-government school within the meaning of the Education Act 1990.
Note—
Schools are a type of educational establishment—see the definition of that term in this Dictionary.
school-based child care means a building or place within a school that is used to provide out-of-school-hours care (including vacation care) for school children only.
Note—
Accordingly, a building or place within a school that is used to provide out-of-school-hours care for both school children and pre-school children is not school-based child care.
secondary dwelling means a self-contained dwelling that:
(a)  is established in conjunction with another dwelling (the principal dwelling), and
(b)  is on the same lot of land as the principal dwelling, and
(c)  is located within, or is attached to, or is separate from, the principal dwelling.
Note—
See clause 5.4 for controls relating to the total floor area of secondary dwellings.
Secondary dwellings are a type of residential accommodation—see the definition of that term in this Dictionary.
self-storage units means premises that consist of individual enclosed compartments for storing goods or materials (other than hazardous or offensive goods or materials).
Note—
Self-storage units are a type of storage premises—see the definition of that term in this Dictionary.
semi-detached dwelling means a dwelling that is on its own lot of land and is attached to only one other dwelling.
Note—
Semi-detached dwellings are a type of residential accommodation—see the definition of that term in this Dictionary.
seniors housing means a building or place that is:
(a)  a residential care facility, or
(c)  a group of self-contained dwellings, or
(d)  a combination of any of the buildings or places referred to in paragraphs (a)–(c),
and that is, or is intended to be, used permanently for:
(e)  seniors or people who have a disability, or
(f)  people who live in the same household with seniors or people who have a disability, or
(g)  staff employed to assist in the administration of the building or place or in the provision of services to persons living in the building or place,
but does not include a hospital.
Note—
Seniors housing is a type of residential accommodation—see the definition of that term in this Dictionary.
service station means a building or place used for the sale by retail of fuels and lubricants for motor vehicles, whether or not the building or place is also used for any one or more of the following:
(a)  the ancillary sale by retail of spare parts and accessories for motor vehicles,
(b)  the cleaning of motor vehicles,
(c)  installation of accessories,
(d)  inspecting, repairing and servicing of motor vehicles (other than body building, panel beating, spray painting, or chassis restoration),
(e)  the ancillary retail selling or hiring of general merchandise or services or both.
serviced apartment means a building (or part of a building) providing self-contained accommodation to tourists or visitors on a commercial basis and that is regularly serviced or cleaned by the owner or manager of the building or part of the building or the owner’s or manager’s agents.
Note—
Serviced apartments are a type of tourist and visitor accommodation—see the definition of that term in this Dictionary.
sewage reticulation system means a building or place used for the collection and transfer of sewage to a sewage treatment plant or water recycling facility for treatment, or transfer of the treated waste for use or disposal, including associated:
(a)  pipelines and tunnels, and
(b)  pumping stations, and
(c)  dosing facilities, and
(d)  odour control works, and
(e)  sewage overflow structures, and
(f)  vent stacks.
Note—
Sewage reticulation systems are a type of sewerage system—see the definition of that term in this Dictionary.
sewage treatment plant means a building or place used for the treatment and disposal of sewage, whether or not the facility supplies recycled water for use as an alternative water supply.
Note—
Sewage treatment plants are a type of sewerage system—see the definition of that term in this Dictionary.
sewerage system means any of the following:
(a)  biosolids treatment facility,
(b)  sewage reticulation system,
(c)  sewage treatment plant,
(d)  water recycling facility,
(e)  a building or place that is a combination of any of the things referred to in paragraphs (a)–(d).
sex services means sexual acts or sexual services in exchange for payment.
sex services premises means a brothel, but does not include home occupation (sex services).
shop means premises that sell merchandise such as groceries, personal care products, clothing, music, homewares, stationery, electrical goods or the like or that hire any such merchandise, and includes a neighbourhood shop and neighbourhood supermarket, but does not include food and drink premises or restricted premises.
Note—
Shops are a type of retail premises—see the definition of that term in this Dictionary.
shop top housing means one or more dwellings located above ground floor retail premises or business premises.
Note—
Shop top housing is a type of residential accommodation—see the definition of that term in this Dictionary.
signage means any sign, notice, device, representation or advertisement that advertises or promotes any goods, services or events and any structure or vessel that is principally designed for, or that is used for, the display of signage, and includes any of the following:
(a)  an advertising structure,
(b)  a building identification sign,
(c)  a business identification sign,
but does not include a traffic sign or traffic control facilities.
site area means the area of any land on which development is or is to be carried out. The land may include the whole or part of one lot, or more than one lot if they are contiguous to each other, but does not include the area of any land on which development is not permitted to be carried out under this Plan.
Note—
The effect of this definition is varied by clause 4.5 for the purpose of the determination of permitted floor space area for proposed development.
site coverage means the proportion of a site area covered by buildings. However, the following are not included for the purpose of calculating site coverage:
(a)  any basement,
(b)  any part of an awning that is outside the outer walls of a building and that adjoins the street frontage or other site boundary,
(c)  any eaves,
(d)  unenclosed balconies, decks, pergolas and the like.
small bar means a small bar within the meaning of the Liquor Act 2007.
Note—
Small bars are a type of food and drink premises—see the definition of that term in this Dictionary.
spa pool has the same meaning as in the Swimming Pools Act 1992.
Note—
The term is defined to include any excavation, structure or vessel in the nature of a spa pool, flotation tank, tub or the like.
specialised retail premises means a building or place the principal purpose of which is the sale, hire or display of goods that are of a size, weight or quantity, that requires:
(a)  a large area for handling, display or storage, or
(b)  direct vehicular access to the site of the building or place by members of the public for the purpose of loading or unloading such goods into or from their vehicles after purchase or hire,
but does not include a building or place used for the sale of foodstuffs or clothing unless their sale is ancillary to the sale, hire or display of other goods referred to in this definition.
Note—
Examples of goods that may be sold at specialised retail premises include automotive parts and accessories, household appliances and fittings, furniture, homewares, office equipment, outdoor and recreation equipment, pet supplies and party supplies.
Specialised retail premises are a type of retail premises—see the definition of that term in this Dictionary.
stock and sale yard means a building or place that is used on a commercial basis for the purpose of offering livestock or poultry for sale and that may be used for the short-term storage and watering of stock.
Note—
Stock and sale yards are a type of rural industry—see the definition of that term in this Dictionary.
storage premises means a building or place used for the storage of goods, materials, plant or machinery for commercial purposes and where the storage is not ancillary to any industry, business premises or retail premises on the same parcel of land, and includes self-storage units, but does not include a heavy industrial storage establishment or a warehouse or distribution centre.
storey means a space within a building that is situated between one floor level and the floor level next above, or if there is no floor above, the ceiling or roof above, but does not include:
(a)  a space that contains only a lift shaft, stairway or meter room, or
(b)  a mezzanine, or
(c)  an attic.
swimming pool has the same meaning as in the Swimming Pools Act 1992.
Note—
The term is defined as follows:
swimming pool means an excavation, structure or vessel:
(a)  that is capable of being filled with water to a depth of 300 millimetres or more, and
(b)  that is solely or principally used, or that is designed, manufactured or adapted to be solely or principally used, for the purpose of swimming, wading, paddling or any other human aquatic activity,
and includes a spa pool, but does not include a spa bath, anything that is situated within a bathroom or anything declared by the regulations made under the Swimming Pools Act 1992 not to be a swimming pool for the purposes of that Act.
take away food and drink premises means premises that are predominantly used for the preparation and retail sale of food or drink (or both) for immediate consumption away from the premises.
Note—
Take away food and drink premises are a type of food and drink premises—see the definition of that term in this Dictionary.
tank-based aquaculture means aquaculture undertaken exclusively in tanks, but not including natural water-based aquaculture.
Note—
Tank-based aquaculture is a type of aquaculture—see the definition of that term in this Dictionary. Typical tank-based aquaculture is the tank culture of barramundi or abalone.
telecommunications facility means:
(a)  any part of the infrastructure of a telecommunications network, or
(b)  any line, cable, optical fibre, fibre access node, interconnect point equipment, apparatus, tower, mast, antenna, dish, tunnel, duct, hole, pit, pole or other structure in connection with a telecommunications network, or
(c)  any other thing used in or in connection with a telecommunications network.
telecommunications network means a system, or series of systems, that carries, or is capable of carrying, communications by means of guided or unguided electromagnetic energy, or both.
temporary structure has the same meaning as in the Act.
Note—
The term is defined as follows:
temporary structure includes a booth, tent or other temporary enclosure (whether or not part of the booth, tent or enclosure is permanent), and also includes a mobile structure.
Terrestrial Biodiversity Map means the Goulburn Mulwaree Local Environmental Plan 2009 Terrestrial Biodiversity Map.
the Act means the Environmental Planning and Assessment Act 1979.
timber yard means a building or place the principal purpose of which is the sale of sawn, dressed or treated timber, wood fibre boards or similar timber products. It may include the cutting of such timber, boards or products to order and the sale of hardware, paint, tools and materials used in conjunction with the use and treatment of timber.
Note—
Timber yards are a type of retail premises—see the definition of that term in this Dictionary.
tourist and visitor accommodation means a building or place that provides temporary or short-term accommodation on a commercial basis, and includes any of the following:
(a)  backpackers’ accommodation,
(b)  bed and breakfast accommodation,
(c)  farm stay accommodation,
(d)  hotel or motel accommodation,
(e)  serviced apartments,
but does not include:
(f)  camping grounds, or
(g)  caravan parks, or
(h)  eco-tourist facilities.
transport depot means a building or place used for the parking or servicing of motor powered or motor drawn vehicles used in connection with a business, industry, shop or passenger or freight transport undertaking.
truck depot means a building or place used for the servicing and parking of trucks, earthmoving machinery and the like.
turf farming means the commercial cultivation of turf for sale and the removal of turf for that purpose.
Note—
Turf farming is a type of intensive plant agriculture—see the definition of that term in this Dictionary.
underground mining means:
(a)  mining carried out beneath the earth’s surface, including bord and pillar mining, longwall mining, top-level caving, sub-level caving and auger mining, and
(b)  shafts, drill holes, gas and water drainage works, surface rehabilitation works and access pits associated with that mining (whether carried out on or beneath the earth’s surface),
but does not include open cut mining.
urban release area means an area of land shown as an “Urban Release Area” on the Urban Release Area Map.
Urban Release Area Map means the Goulburn Mulwaree Local Environmental Plan 2009 Urban Release Area Map.
vehicle body repair workshop means a building or place used for the repair of vehicles or agricultural machinery, involving body building, panel building, panel beating, spray painting or chassis restoration.
vehicle repair station means a building or place used for the purpose of carrying out repairs to, or the selling and fitting of accessories to, vehicles or agricultural machinery, but does not include a vehicle body repair workshop or vehicle sales or hire premises.
vehicle sales or hire premises means a building or place used for the display, sale or hire of motor vehicles, caravans, boats, trailers, agricultural machinery and the like, whether or not accessories are sold or displayed there.
Note—
Vehicle sales or hire premises are a type of retail premises—see the definition of that term in this Dictionary.
veterinary hospital means a building or place used for diagnosing or surgically or medically treating animals, whether or not animals are kept on the premises for the purpose of treatment.
viticulture means the cultivation of grapes for use in the commercial production of fresh or dried fruit or wine.
Note—
Viticulture is a type of intensive plant agriculture—see the definition of that term in this Dictionary.
warehouse or distribution centre means a building or place used mainly or exclusively for storing or handling items (whether goods or materials) pending their sale, but from which no retail sales are made, and includes local distribution premises.
waste disposal facility means a building or place used for the disposal of waste by landfill, incineration or other means, including such works or activities as recycling, resource recovery and other resource management activities, energy generation from gases, leachate management, odour control and the winning of extractive material to generate a void for disposal of waste or to cover waste after its disposal.
Note—
Waste disposal facilities are a type of waste or resource management facility—see the definition of that term in this Dictionary.
waste or resource management facility means any of the following:
(a)  a resource recovery facility,
(b)  a waste disposal facility,
(c)  a waste or resource transfer station,
(d)  a building or place that is a combination of any of the things referred to in paragraphs (a)–(c).
waste or resource transfer station means a building or place used for the collection and transfer of waste material or resources, including the receipt, sorting, compacting, temporary storage and distribution of waste or resources and the loading or unloading of waste or resources onto or from road or rail transport.
Note—
Waste or resource transfer stations are a type of waste or resource management facility—see the definition of that term in this Dictionary.
water recreation structure means a structure used primarily for recreational purposes that has a direct structural connection between the shore and the waterway, and may include a pier, wharf, jetty or boat launching ramp.
water recycling facility means a building or place used for the treatment of sewage effluent, stormwater or waste water for use as an alternative supply to mains water, groundwater or river water (including, in particular, sewer mining works), whether the facility stands alone or is associated with other development, and includes associated:
(a)  retention structures, and
(b)  treatment works, and
(c)  irrigation schemes.
Note—
Water recycling facilities are a type of sewerage system—see the definition of that term in this Dictionary.
water reticulation system means a building or place used for the transport of water, including pipes, tunnels, canals, pumping stations, related electricity infrastructure and dosing facilities.
Note—
Water reticulation systems are a type of water supply system—see the definition of that term in this Dictionary.
water storage facility means a dam, weir or reservoir for the collection and storage of water, and includes associated monitoring or gauging equipment.
Note—
Water storage facilities are a type of water supply system—see the definition of that term in this Dictionary.
water supply system means any of the following:
(a)  a water reticulation system,
(b)  a water storage facility,
(c)  a water treatment facility,
(d)  a building or place that is a combination of any of the things referred to in paragraphs (a)–(c).
water treatment facility means a building or place used for the treatment of water (such as a desalination plant or a recycled or reclaimed water plant) whether the water produced is potable or not, and includes residuals treatment, storage and disposal facilities, but does not include a water recycling facility.
Note—
Water treatment facilities are a type of water supply system—see the definition of that term in this Dictionary.
waterbody means a waterbody (artificial) or waterbody (natural).
waterbody (artificial) or artificial waterbody means an artificial body of water, including any constructed waterway, canal, inlet, bay, channel, dam, pond, lake or artificial wetland, but does not include a dry detention basin or other stormwater management construction that is only intended to hold water intermittently.
waterbody (natural) or natural waterbody means a natural body of water, whether perennial or intermittent, fresh, brackish or saline, the course of which may have been artificially modified or diverted onto a new course, and includes a river, creek, stream, lake, lagoon, natural wetland, estuary, bay, inlet or tidal waters (including the sea).
watercourse means any river, creek, stream or chain of ponds, whether artificially modified or not, in which water usually flows, either continuously or intermittently, in a defined bed or channel, but does not include a waterbody (artificial).
waterway means the whole or any part of a watercourse, wetland, waterbody (artificial) or waterbody (natural).
wetland means:
(a)  natural wetland, including marshes, mangroves, backwaters, billabongs, swamps, sedgelands, wet meadows or wet heathlands that form a shallow waterbody (up to 2 metres in depth) when inundated cyclically, intermittently or permanently with fresh, brackish or salt water, and where the inundation determines the type and productivity of the soils and the plant and animal communities, or
(b)  artificial wetland, including marshes, swamps, wet meadows, sedgelands or wet heathlands that form a shallow waterbody (up to 2 metres in depth) when inundated cyclically, intermittently or permanently with water, and are constructed and vegetated with wetland plant communities.
wharf or boating facilities means a wharf or any of the following facilities associated with a wharf or boating that are not port facilities:
(a)  facilities for the embarkation or disembarkation of passengers onto or from any vessels, including public ferry wharves,
(b)  facilities for the loading or unloading of freight onto or from vessels and associated receival, land transport and storage facilities,
(c)  wharves for commercial fishing operations,
(d)  refuelling, launching, berthing, mooring, storage or maintenance facilities for any vessel,
(e)  sea walls or training walls,
(f)  administration buildings, communication, security and power supply facilities, roads, rail lines, pipelines, fencing, lighting or car parks.
wholesale supplies means a building or place used for the display, sale or hire of goods or materials by wholesale only to businesses that have an Australian Business Number registered under the A New Tax System (Australian Business Number) Act 1999 of the Commonwealth.
Dictionary: Am 2012 (323), Sch 1 [8]; 2013 (463), Sch 1 [12].