Table Of Contents

Mid-Western Regional Local Environmental Plan 2012

Part 1 Preliminary
1.1   Name of Plan
This Plan is Mid-Western Regional Local Environmental Plan 2012.
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 Mid-Western Regional in accordance with the relevant standard environmental planning instrument under section 3.20 of the Act.
(2)  The particular aims of this Plan are as follows—
(a)  to promote growth and provide for a range of living opportunities throughout Mid-Western Regional,
(b)  to encourage the proper management, development and conservation of resources within Mid-Western Regional by protecting, enhancing and conserving—
(i)  land of significance to agricultural production, and
(ii)  soil, water, minerals and other natural resources, and
(iii)  native plants and animals, and
(iv)  places and buildings of heritage significance, and
(v)  scenic values,
(c)  to provide a secure future for agriculture through the protection of agricultural land capability and by maximising opportunities for sustainable rural and primary production pursuits,
(d)  to foster a sustainable and vibrant economy that supports and celebrates the Mid-Western Regional’s rural, natural and heritage attributes,
(e)  to protect the settings of Mudgee, Gulgong, Kandos and Rylstone by—
(i)  managing the urban and rural interface, and
(ii)  preserving land that has been identified for future long- term urban development, and
(iii)  promoting urban and rural uses that minimise land use conflict and adverse impacts on amenity, and
(iv)  conserving the significant visual elements that contribute to the character of the towns, such as elevated land and the rural character of the main entry corridors into the towns,
(f)  to match residential development opportunities with the availability of, and equity of access to, urban and community services and infrastructure,
(g)  to promote development that minimises the impact of salinity on infrastructure, buildings and the landscape.
1.3   Land to which Plan applies
This Plan applies to the land identified on the Land Application Map.
1.4   Definitions
The Dictionary at the end of this Plan defines words and expressions for the purposes of this Plan.
1.5   Notes
Notes in this Plan are provided for guidance and do not form part of this Plan.
1.6   Consent authority
The consent authority for the purposes of this Plan is (subject to the Act) the Council.
1.7   Maps
(1)  A reference in this Plan to a named map adopted by this Plan is a reference to a map by that name—
(a)  approved by the 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.
1.8A   Savings provision relating to development applications
If a development application has been made before the commencement of this Plan in relation to land to which this Plan applies and the application has not been finally determined before that commencement, the application must be determined as if this Plan had not commenced.
Note—
However, under Division 3.5 of the Act, a development application may be made for consent to carry out development that may only be carried out if the environmental planning instrument applying to the relevant development is appropriately amended or if a new instrument, including an appropriate principal environmental planning instrument, is made, and the consent authority may consider the application. The Division requires public notice of the development application and the draft environmental planning instrument allowing the development at the same time, or as closely together as is practicable.
cl 1.8A: Am 2019 (621), Sch 5[1].
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 3.28 of the Act.
(2)  The following State environmental planning policies (or provisions) do not apply to the land to which this Plan applies—
1.9A   Suspension of covenants, agreements and instruments
(1)  For the purpose of enabling development on land in any zone to be carried out in accordance with this Plan or with a consent granted under the Act, any agreement, covenant or other similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose.
(2)  This clause does not apply—
(a)  to a covenant imposed by the Council or that the Council requires to be imposed, or
(b)  to any relevant instrument within the meaning of section 13.4 of the Crown Land Management Act 2016, or
(c)  to any conservation agreement within the meaning of the National Parks and Wildlife Act 1974, or
(d)  to any Trust agreement within the meaning of the Nature Conservation Trust Act 2001, or
(e)  to any property vegetation plan within the meaning of the Native Vegetation Act 2003, or
(f)  to any biobanking agreement within the meaning of Part 7A of the Threatened Species Conservation Act 1995, or
(g)  to any planning agreement within the meaning of Subdivision 2 of Division 7.1 of the Act.
(3)  This clause does not affect the rights or interests of any public authority under any registered instrument.
(4)  Under section 3.16 of the Act, the Governor, before the making of this clause, approved of subclauses (1)–(3).
cl 1.9A: Am 2019 (621), Sch 5[2]–[4].
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
RU3 Forestry
RU4 Primary Production Small Lots
RU5 Village
Residential Zones
R1 General Residential
R2 Low Density Residential
R3 Medium Density Residential
R5 Large Lot Residential
Business Zones
B1 Neighbourhood Centre
B2 Local Centre
B3 Commercial Core
B4 Mixed Use
B5 Business Development
Industrial Zones
IN1 General Industrial
IN2 Light Industrial
IN3 Heavy Industrial
Special Purpose Zones
SP1 Special Activities
SP2 Infrastructure
SP3 Tourist
Recreation Zones
RE1 Public Recreation
RE2 Private Recreation
Environment Protection Zones
E1 National Parks and Nature Reserves
E3 Environmental Management
cl 2.1: Am 2015 (826), Sch 1 [1].
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.
3   
Schedule 3 sets out complying development (for which a complying development certificate may be issued as an alternative to obtaining development consent).
4   
Clause 2.6 requires consent for subdivision of land.
5   
Part 5 contains other provisions which require consent for particular development.
2.4   Unzoned land
(1)  Development may be carried out on unzoned land only with development consent.
(2)  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.
2.7   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 28 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 2014 (212), Sch 1 [1]; 2015 (826), Sch 1 [2]; 2016 (168), Sch 1 [5]; 2017 (493), Sch 1.1 [1] [2]; 2018 (488), Sch 1.1 [1]; 2019 (137), Sch 6 [1]; 2019 No 1, Sch 2.20.
Zone RU1   Primary Production
1   Objectives of zone
•  To encourage sustainable primary industry production by maintaining and enhancing the natural resource base.
•  To encourage diversity in primary industry enterprises and systems appropriate for the area.
•  To minimise the fragmentation and alienation of resource lands.
•  To minimise conflict between land uses within this zone and land uses within adjoining zones.
•  To maintain the visual amenity and landscape quality of Mid-Western Regional by preserving the area’s open rural landscapes and environmental and cultural heritage values.
•  To promote the unique rural character of Mid-Western Regional and facilitate a variety of tourist land uses.
2   Permitted without consent
Environmental protection works; Extensive agriculture; Home businesses; Home occupations; Intensive plant agriculture; Roads; Water reticulation systems
3   Permitted with consent
Aquaculture; Building identification signs; Business identification signs; Cellar door premises; Dwelling houses; Extractive industries; Farm buildings; Home industries; Intensive livestock agriculture; Landscaping material supplies; Markets; Open cut mining; Plant nurseries; Restaurants or cafes; Roadside stalls; Any other development not specified in item 2 or 4
4   Prohibited
Amusement centres; Attached dwellings; Backpackers’ accommodation; Boarding houses; Boat building and repair facilities; Car parks; Centre-based child care facilities; Commercial premises; Correctional centres; Crematoria; Educational establishments; Exhibition homes; Exhibition villages; Freight transport facilities; Group homes; Health services facilities; Heavy industrial storage establishments; Hostels; Industrial retail outlets; Industries; Marinas; Mortuaries; Multi dwelling housing; Passenger transport facilities; Places of public worship; Public administration buildings; Pubs; Recreation facilities (indoor); Registered clubs; Residential flat buildings; Respite day care centres; Restricted premises; Semi-detached dwellings; Seniors housing; Service stations; Sex services premises; Shops; Shop top housing; Signage; Storage premises; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Warehouse or distribution centres; 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
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; Roads
4   Prohibited
Any development not specified in item 2 or 3
Zone RU4   Primary Production Small Lots
1   Objectives of zone
•  To enable sustainable primary industry and other compatible land uses.
•  To encourage and promote diversity and employment opportunities in relation to primary industry enterprises, particularly those that require smaller lots or that are more intensive in nature.
•  To minimise conflict between land uses within this zone and land uses within adjoining zones.
•  To ensure that land is available for intensive plant agriculture.
•  To encourage diversity and promote employment opportunities related to primary industry enterprises, particularly those that require smaller holdings or are more intensive in nature.
2   Permitted without consent
Environmental protection works; Extensive agriculture; Home businesses; Home occupations; Intensive plant agriculture; Roads; Water reticulation systems
3   Permitted with consent
Aquaculture; Cellar door premises; Dwelling houses; Farm buildings; Home industries; Plant nurseries; Roadside stalls; Any other development not specified in item 2 or 4
4   Prohibited
Air transport facilities; Amusement centres; Attached dwellings; Backpackers’ accommodation; Boarding houses; Boat building and repair facilities; Boat launching ramps; Boat sheds; Car parks; Cemeteries; Charter and tourism boating facilities; Centre-based child care facilities; Commercial premises; Crematoria; Exhibition homes; Exhibition villages; Freight transport facilities; 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; Jetties; Livestock processing industries; Marinas; Mooring pens; Moorings; Mortuaries; Multi dwelling housing; Passenger transport facilities; Places of public worship; Public administration buildings; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Residential flat buildings; Respite day care centres; Restricted premises; Sawmill or log processing works; Semi-detached dwellings; Seniors housing; Service stations; Sex services premises; Shop top housing; Signage; Stock and sale yards; Storage premises; Transport depots; Vehicle body repair workshops; Vehicle repair stations; Warehouse or distribution centres; Waste disposal facilities; Wholesale supplies
Zone RU5   Village
1   Objectives of zone
•  To provide for a range of land uses, services and facilities that are associated with a rural village.
•  To promote development that is sustainable in terms of the capacity of infrastructure within villages.
2   Permitted without consent
Environmental protection works; Home-based child care; Home businesses; Home occupations; Roads; Water reticulation systems
3   Permitted with consent
Bee keeping; Centre-based child care facilities; Community facilities; Dwelling houses; 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
Advertising structures; Agriculture; Air transport facilities; Airstrips; Animal boarding or training establishments; Biosolids treatment facilities; Boat building and repair facilities; Cellar door premises; Correctional centres; Crematoria; Extractive industries; Farm buildings; Farm stay accommodation; Forestry; Hazardous storage establishments; Heavy industries; Jetties; Livestock processing industries; Offensive storage establishments; Open cut mining; Pond-based aquaculture Rural workers’ dwellings; Sawmill or log processing works; Sex services premises; Stock and sale yards; Waste disposal facilities; Waste or resource transfer stations; Water recreation structures
Zone R1   General Residential
1   Objectives of zone
•  To provide for the housing needs of the community.
•  To provide for a variety of housing types and densities.
•  To enable other land uses that provide facilities or services to meet the day to day needs of residents.
2   Permitted without consent
Home-based child care; Home businesses; Home occupations; Roads; Rural workers’ dwellings; Water reticulation systems
3   Permitted with consent
Attached dwellings; Boarding houses; Caravan parks; Centre-based child care facilities; Community facilities; Dwelling houses; Educational establishments; Environmental protection works; Exhibition homes; Exhibition villages; Flood mitigation works; Function centres; Funeral homes; Group homes; Health services facilities; Home industries; Hostels; Information and education facilities; Markets; Multi dwelling housing; Neighbourhood shops; Oyster aquaculture; Places of public worship; Pond-based aquaculture; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Residential accommodation; Residential flat buildings; Respite day care centres; Semi-detached dwellings; Seniors housing; Sewage reticulation systems; Shop top housing; Signage; Tank-based aquaculture; Tourist and visitor accommodation; Water recycling facilities; Water storage facilities
4   Prohibited
Advertising structures; Farm stay accommodation; Any other development not specified in item 2 or 3
Zone R2   Low Density Residential
1   Objectives of zone
•  To provide for the housing needs of the community within a low density residential environment.
•  To enable other land uses that provide facilities or services to meet the day to day needs of residents.
2   Permitted without consent
Home-based child care; Home businesses; Home occupations; Roads; Water reticulation systems
3   Permitted with consent
Bed and breakfast accommodation; Boarding houses; Centre-based child care facilities; Community facilities; Dwelling houses; Environmental protection works; Exhibition homes; Exhibition villages; Flood mitigation works; Garden centres; Group homes; Health consulting rooms; Home industries; Hospitals; Hostels; Information and education facilities; Markets; Neighbourhood shops; Oyster aquaculture; Pond-based aquaculture; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Residential accommodation; Respite day care centres; Signage; Tank-based aquaculture; Water recycling facilities; Water storage facilities
4   Prohibited
Advertising structures; Attached dwellings; Dual occupancies (detached); Multi dwelling housing; Residential flat buildings; Rural workers’ dwellings; Semi-detached dwellings; Any other development not specified in item 2 or 3
Zone R3   Medium Density Residential
1   Objectives of zone
•  To provide for the housing needs of the community within a medium density residential environment.
•  To provide a variety of housing types within a medium density residential environment.
•  To enable other land uses that provide facilities or services to meet the day to day needs of residents.
•  To encourage higher-density residential development that is sympathetic to and compatible with the existing character of the Mudgee Heritage Conservation Area.
2   Permitted without consent
Home-based child care; Home businesses; Home occupations; Roads; Water reticulation systems
3   Permitted with consent
Attached dwellings; Boarding houses; Centre-based child care facilities; Community facilities; Educational establishments; Environmental protection works; Exhibition homes; Exhibition villages; Flood mitigation works; Garden centres; Group homes; Health services facilities; Home industries; Information and education facilities; Markets; Multi dwelling housing; Neighbourhood shops; Oyster aquaculture; Places of public worship; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Residential accommodation; Respite day care centres; Seniors housing; Sewage reticulation systems; Signage; Tank-based aquaculture; Tourist and visitor accommodation; Water recycling facilities; Water storage facilities
4   Prohibited
Advertising structures; Farm stay accommodation; Hotel or motel accommodation; Pond-based aquaculture Rural workers’ dwellings; Any other development not specified in item 2 or 3
Zone R5   Large Lot Residential
1   Objectives of zone
•  To provide residential housing in a rural setting while preserving, and minimising impacts on, environmentally sensitive locations and scenic quality.
•  To ensure that large residential lots do not hinder the proper and orderly development of urban areas in the future.
•  To ensure that development in the area does not unreasonably increase the demand for public services or public facilities.
•  To minimise conflict between land uses within this zone and land uses within adjoining zones.
2   Permitted without consent
Extensive agriculture; Home-based child care; Home businesses; Home occupations; Roads; Water reticulation systems
3   Permitted with consent
Bed and breakfast accommodation; Cellar door premises; Dual occupancies; Dwelling houses; Garden centres; Home industries; Intensive plant agriculture; Landscaping material supplies; Markets; Neighbourhood shops; Oyster aquaculture; Plant nurseries; Pond-based aquaculture; Roadside stalls; Secondary dwellings; Serviced apartments; Tank-based aquaculture; Waste or resource transfer stations; Water recycling facilities; Any other development not specified in item 2 or 4
4   Prohibited
Advertising structures; Agriculture; Air transport facilities; Airstrips; Amusement centres; Animal boarding or training establishments; Boarding houses; Boat building and repair facilities; Boat launching ramps; Boat sheds; Car parks; Cemeteries; Charter and tourism boating facilities; Commercial premises; Correctional centres; Crematoria; Dairies (pasture-based); Electricity generating works; Entertainment facilities; Environmental facilities; Exhibition homes; Exhibition villages; 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; Marinas; Mooring pens; Moorings; Mortuaries; Passenger transport facilities; Public administration buildings; Recreation facilities (indoor); Recreation facilities (major); Registered clubs; Research stations; Residential accommodation; Restricted premises; Rural industries; Service stations; Sex services premises; Storage premises; Tourist and visitor accommodation; Transport depots; 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; Water treatment facilities; Wharf or boating facilities
Zone B1   Neighbourhood Centre
1   Objectives of zone
•  To provide a range of small-scale retail, business and community uses that serve the needs of people who live or work in the surrounding neighbourhood.
•  To ensure a form of development that is consistent with the residential nature of the surrounding area.
•  To ensure non-residential development is compatible with the residential amenity of the surrounding area.
2   Permitted without consent
Roads; Water reticulation systems
3   Permitted with consent
Boarding houses; Business premises; Centre-based child care facilities; Community facilities; Hostels; 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
Advertising structures; Agriculture; Air transport facilities; Airstrips; Animal boarding or training establishments; Backpackers’ 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; Depots; Eco-tourist facilities; Electricity generating works; Environmental facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Farm stay accommodation; Forestry; Freight transport facilities; Heavy industrial storage establishments; Helipads; Highway service centres; Home-based child care; Home businesses; Home occupations; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Jetties; Marinas; Mooring pens; Moorings; Open cut mining; Passenger transport facilities; Pond-based aquaculture Recreation facilities (major); Research stations; Residential accommodation; Restricted premises; Rural industries; Service stations; Sewage treatment plants; Sex services premises; Specialised retail premises; Storage premises; Timber yards; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Vehicle sales or hire premises; Warehouse or distribution centres; Waste or resource management facilities; Water recreation structures; Wholesale supplies
Zone B2   Local Centre
1   Objectives of zone
•  To provide a range of retail, business, entertainment and community uses that serve the needs of people who live in, work in and visit the local area.
•  To encourage employment opportunities in accessible locations.
•  To maximise public transport patronage and encourage walking and cycling.
•  To maintain the built integrity of the area by enabling development that is sympathetic to the existing heritage buildings and features.
2   Permitted without consent
Home occupations; Roads; Water reticulation systems
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; Light industries; 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
Advertising structures; Agriculture; Air transport facilities; Airstrips; Animal boarding or training establishments; Boat building and repair facilities; Boat launching ramps; Boat sheds; Camping grounds; Cemeteries; Charter and tourism boating facilities; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Electricity generating works; Environmental facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Heavy industrial storage establishments; Highway service centres; Home occupations (sex services); Hostels; Industrial retail outlets; Industrial training facilities; Industries; Jetties; Marinas; Mooring pens; Moorings; Multi dwelling housing; Open cut mining; Pond-based aquaculture Recreation facilities (major); Recreation facilities (outdoor); Research stations; Residential flat buildings; Rural industries; Rural workers’ dwellings; 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 storage facilities; Water treatment facilities; Wholesale supplies
Zone B3   Commercial Core
1   Objectives of zone
•  To provide a wide range of retail, business, office, entertainment, community and other suitable land uses that serve the needs of the local and wider community.
•  To encourage appropriate employment opportunities in accessible locations.
•  To maximise public transport patronage and encourage walking and cycling.
•  To promote the central business district of Mudgee as the major focus for retail and commercial activity in Mid-Western Regional.
•  To consolidate business development in the Mudgee town centre and avoid unnecessary or inappropriate expansion of business-related land uses into surrounding residential neighbourhoods.
•  To ensure that new development is compatible with the historic architectural character and streetscapes of the Mudgee commercial core area.
•  To ensure that the form and layout of new development is designed to encourage free pedestrian movement and connectivity within the commercial core.
2   Permitted without consent
Roads; Water reticulation systems
3   Permitted with consent
Boarding houses; Centre-based child care facilities; Commercial premises; Community facilities; Educational establishments; Entertainment facilities; Function centres; Group homes; 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; 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; Bed and breakfast accommodation; 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; Environmental facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Farm stay accommodation; Forestry; Freight transport facilities; Heavy industrial storage establishments; Highway service centres; Home-based child care; Home businesses; Home occupations; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Jetties; Marinas; Mooring pens; Moorings; Open cut mining; Pond-based aquaculture Recreation facilities (major); Recreation facilities (outdoor); Research stations; Residential accommodation; Rural industries; Service stations; Sex services premises; Storage premises; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Veterinary hospitals; Warehouse or distribution centres; Water recreation structures; Water storage facilities; Water treatment facilities; Wholesale supplies
Zone B4   Mixed Use
1   Objectives of zone
•  To provide a mixture of compatible land uses.
•  To integrate suitable business, office, residential, retail and other development in accessible locations so as to maximise public transport patronage and encourage walking and cycling.
•  To ensure a form of development that is consistent with the character of the adjoining residential neighbourhoods.
2   Permitted without consent
Home-based child care; Home occupations; Roads; Water reticulation systems
3   Permitted with consent
Boarding houses; 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; Seniors housing; Shop top housing; Tank-based aquaculture; Water recycling facilities; Any other development not specified in item 2 or 4
4   Prohibited
Advertising structures; Agriculture; Air transport facilities; Airstrips; Animal boarding or training establishments; Boat building and repair facilities; Boat launching ramps; Boat sheds; Cemeteries; Charter and tourism boating facilities; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Electricity generating works; Environmental facilities; Exhibition villages; Extractive industries; Farm buildings; Farm stay accommodation; Forestry; Freight transport facilities; Heavy industrial storage establishments; Highway service centres; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Jetties; Marinas; Mooring pens; Moorings; Open cut mining; Pond-based aquaculture Research stations; Rural industries; Rural workers’ dwellings; Service stations; Sewerage systems; Sex services premises; Storage premises; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Warehouse or distribution centres; Water recreation structures
Zone B5   Business Development
1   Objectives of zone
•  To enable a mix of business and warehouse uses, and specialised retail premises that require a large floor area, in locations that are close to, and that support the viability of, centres.
•  To promote a visually attractive entry point into Mudgee from the south east.
•  To enable development that does not undermine the primary retailing role of the Mudgee commercial core area.
2   Permitted without consent
Roads; Water reticulation systems
3   Permitted with consent
Agricultural produce industries; Centre-based child care facilities; Garden centres; Hardware and building supplies; Kiosks; Landscaping material supplies; Light industries; Oyster aquaculture; Passenger transport facilities; Plant nurseries; Respite day care centres; Roadside stalls; Rural supplies; Specialised retail premises; Take away food and drink premises; 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; Amusement centres; Animal boarding or training establishments; Biosolids treatment facilities; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Charter and tourism boating facilities; Commercial premises; Correctional centres; Eco-tourist facilities; Electricity generating works; Entertainment facilities; Environmental facilities; Exhibition homes; Exhibition villages; Farm buildings; Forestry; Function centres; Group homes; Hazardous industries; Heavy industrial storage establishments; Highway service centres; Home-based child care; Home businesses; Home occupations; Home occupations (sex services); Industries; Information and education facilities; Jetties; Marinas; Mooring pens; Moorings; Mortuaries; Open cut mining; Places of public worship; Pond-based aquaculture Registered clubs; Residential accommodation; Restricted premises; Rural industries; Sewage treatment plants; Sex services premises; Tourist and visitor accommodation; Water recreation structures; Water recycling facilities
Zone IN1   General Industrial
1   Objectives of zone
•  To provide a wide range of industrial and warehouse land uses.
•  To encourage employment opportunities.
•  To minimise any adverse effect of industry on other land uses.
•  To support and protect industrial land for industrial uses.
•  To promote a safe and efficient network for the movement of heavy vehicles and to minimise the intrusion of heavy vehicles into nearby residential areas.
2   Permitted without consent
Roads; Water reticulation systems
3   Permitted with consent
Depots; Freight transport facilities; Funeral homes; Garden centres; General industries; Hardware and building supplies; Industrial training facilities; Landscaping material supplies; Light industries; Liquid fuel depots; Neighbourhood shops; Offensive storage establishments; Oyster aquaculture; Places of public worship; Plant nurseries; Rural supplies; Take away food and drink premises; 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; Amusement centres; Animal boarding or training establishments; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Centre-based child care facilities; Charter and tourism boating facilities; Commercial premises; Correctional centres; Eco-tourist facilities; Educational establishments; Entertainment facilities; Environmental facilities; Exhibition homes; Exhibition villages; Farm buildings; Forestry; Function centres; Health services facilities; Heavy industrial storage establishments; Home-based child care; Home businesses; Home occupations; Home occupations (sex services); Information and education facilities; Jetties; Livestock processing industries; Marinas; Mooring pens; Moorings; Pond-based aquaculture Public administration buildings; Recreation facilities (major); Registered clubs; Residential accommodation; Respite day care centres; Tourist and visitor accommodation; Waste or resource management facilities; Water recreation structures
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
Roads; Water reticulation systems
3   Permitted with consent
Agricultural produce industries; Depots; Food and drink premises; Garden centres; Hardware and building supplies; Industrial training facilities; Kiosks; Landscaping material supplies; Light industries; Liquid fuel depots; Neighbourhood shops; Oyster aquaculture; Places of public worship; Plant nurseries; Roadside stalls; Rural supplies; 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; Amusement centres; Animal boarding or training establishments; Biosolids treatment facilities; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Centre-based child care facilities; Charter and tourism boating facilities; Commercial premises; Eco-tourist facilities; Educational establishments; Entertainment facilities; Environmental facilities; Exhibition homes; Exhibition villages; Farm buildings; Forestry; Function centres; General industries; Health services facilities; Heavy industrial storage establishments; Heavy industries; Highway service centres; Home-based child care; Home businesses; Home occupations; Home occupations (sex services); Information and education facilities; Jetties; Marinas; Markets; Mooring pens; Moorings; Mortuaries; Pond-based aquaculture Public administration buildings; Recreation facilities (major); Registered clubs; Residential accommodation; Respite day care centres; Restricted premises; Rural industries; Sex services premises; Tourist and visitor accommodation; Waste or resource management facilities; Water recreation structures
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 promote the location of heavy industry and other development of an industrial nature, to complement the demand generated by resource-based industries such as mining.
2   Permitted without consent
Roads; Water reticulation systems
3   Permitted with consent
Depots; Freight transport facilities; Garden centres; General industries; Hardware and building supplies; Hazardous storage establishments; Heavy industries; Landscaping material supplies; Offensive storage establishments; Oyster aquaculture; Plant nurseries; Rural supplies; Take away food and drink premises; 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; Amusement centres; Animal boarding or training establishments; Boat building and repair facilities; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Centre-based child care facilities; Charter and tourism boating facilities; Commercial premises; Community facilities; Crematoria; Eco-tourist facilities; Educational establishments; Entertainment facilities; Exhibition homes; Exhibition villages; Farm buildings; Forestry; Function centres; Health services facilities; Highway service centres; Home-based child care; Home businesses; Home industries; Home occupations; Home occupations (sex services); Information and education facilities; Jetties; Marinas; Mooring pens; Moorings; Mortuaries; Passenger transport facilities; Places of public worship; Pond-based aquaculture Public administration buildings; Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Research stations; Residential accommodation; Respite day care centres; Restricted premises; Sex services premises; Stock and sale yards; Tourist and visitor accommodation; Veterinary hospitals; Water recreation structures
Zone SP1   Special Activities
1   Objectives of zone
•  To provide for special land uses that are not provided for in other zones.
•  To provide for sites with special natural characteristics that are not provided for in other zones.
•  To facilitate development that is in keeping with the special characteristics of the site or its existing or intended special use, and that minimises any adverse impacts on surrounding land.
•  To provide for dwellings incidental to aviation-related activities.
2   Permitted without consent
Nil
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 SP2   Infrastructure
1   Objectives of zone
•  To provide for infrastructure and related uses.
•  To prevent development that is not compatible with or that may detract from the provision of infrastructure.
•  To protect the water storage of Windamere and Burrendong Dams.
2   Permitted without consent
Extensive agriculture; Roads; Water reticulation systems
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 SP3   Tourist
1   Objectives of zone
•  To provide for a variety of tourist-oriented development and related uses.
2   Permitted without consent
Home-based child care; Home businesses; Home occupations; Roads; Water reticulation systems
3   Permitted with consent
Amusement centres; Aquaculture; Attached dwellings; Boarding houses; Building identification signs; Business identification signs; Camping grounds; Caravan parks; Centre-based child care facilities; Dual occupancies; Dwelling houses; Eco-tourist facilities; Entertainment facilities; Environmental protection works; Flood mitigation works; Food and drink premises; Function centres; Health consulting rooms; Helipads; Hostels; Information and education facilities; Kiosks; Multi dwelling housing; Places of public worship; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Registered clubs; Residential flat buildings; Secondary dwellings; Semi-detached dwellings; Timber yards; Tourist and visitor accommodation
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 protection works; Roads; Water reticulation systems
3   Permitted with consent
Aquaculture; Boat launching ramps; Boat sheds; Camping grounds; Charter and tourism boating facilities; Community facilities; Environmental facilities; Flood mitigation works; Helipads; Information and education facilities; Kiosks; Markets; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Research stations; Restaurants or cafes; Sewerage systems; Signage; 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
Extensive agriculture; Roads; Water reticulation systems
3   Permitted with consent
Airstrips; Aquaculture; Backpackers’ accommodation; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Charter and tourism boating facilities; Community facilities; Eco-tourist facilities; Emergency services facilities; Entertainment facilities; Environmental facilities; Environmental protection works; Flood mitigation works; Food and drink premises; Function centres; Helipads; Hotel or motel accommodation; Information and education facilities; Kiosks; Markets; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Roadside stalls; Seniors housing; Sewerage reticulation systems; Signage; Timber yards; 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
3   Permitted with consent
Nil
4   Prohibited
Any 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 manage development within the water supply catchment lands of Windamere and Burrendong Dams, to conserve and enhance the district’s water resources.
2   Permitted without consent
Extensive agriculture; Home-based child care; Home occupations; Moorings
3   Permitted with consent
Bed and breakfast accommodation; Boat sheds; Building identification signs; Business identification signs; Camping grounds; Caravan parks; Community facilities; Dairies (pasture-based); Dwelling houses; Eco-tourist facilities; Environmental facilities; Environmental protection works; Extractive industries; Farm buildings; Farm stay accommodation; Flood mitigation works; Helipads; Home businesses; Home industries; Horticulture; Information and education facilities; Open cut mining; Oyster aquaculture; Pond-based aquaculture; Recreation areas; Recreation facilities (major); Recreation facilities (outdoor); Research stations; Roads; Secondary dwellings; Tank-based aquaculture; Water recreation structures; Water recycling facilities; Water storage facilities
4   Prohibited
Industries; Multi dwelling housing; Residential flat buildings; Retail premises; Seniors housing; Service stations; Warehouse or distribution centres; Any other development not specified in item 2 or 3
Part 3 Exempt and complying development
3.1   Exempt development
(1)  The objective of this clause is to identify development of minimal environmental impact as exempt development.
(2)  Development specified in Schedule 2 that meets the standards for the development contained in that Schedule and that complies with the requirements of this Part is exempt development.
(3)  To be exempt development, the development—
(a)  must meet the relevant deemed-to-satisfy provisions of the Building Code of Australia or, if there are no such relevant provisions, must be structurally adequate, and
(b)  must not, if it relates to an existing building, cause the building to contravene the Building Code of Australia, and
(c)  must not be designated development, and
(d)  must not be carried out on land that comprises, or on which there is, an item that is listed on the State Heritage Register under the Heritage Act 1977 or that is subject to an interim heritage order under the Heritage Act 1977.
(4)  Development that relates to an existing building that is classified under the Building Code of Australia as class 1b or class 2–9 is exempt development only if—
(a)  the building has a current fire safety certificate or fire safety statement, or
(b)  no fire safety measures are currently implemented, required or proposed for the building.
(5)  To be exempt development, the development must—
(a)  be installed in accordance with the manufacturer’s specifications, if applicable, and
(b)  not involve the removal, 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.
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.
(5)  A heading to an item in Schedule 3 is part of that Schedule.
3.3   Environmentally sensitive areas excluded
(1)  Exempt or complying development must not be carried out on any environmentally sensitive area for exempt or complying development.
(2)  For the purposes of this clause—
environmentally sensitive area for exempt or complying development means any of the following—
(a)  the coastal waters of the State,
(b)  a coastal lake,
(c)  land 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 Land Management Act 2016 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 ensure that subdivision of land occurs in a manner that promotes suitable land uses and development,
(b)  to minimise any likely impact of subdivision and other development on the amenity of neighbouring properties,
(c)  to ensure that lot sizes and dimensions are able to accommodate development, consistent with relevant development controls,
(d)  to ensure that rural lands are not fragmented in a manner that threatens either their future use, or the use of neighbouring land, for agricultural production,
(e)  to ensure that subdivision does not have an inappropriate impact on the natural environment,
(f)  to maximise the economic potential of, and provide for more intensive, small lot agricultural uses in, areas that are able to access commercial quantities of irrigation water.
(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.
(3A)  Despite subclause (3), if the consent authority is satisfied that each lot is, or will be serviced by a water reticulation system and sewerage system—
(a)  land identified as “Area A” on the Lot Size Map may be subdivided to create lots of at least 2,000 square metres, or
(b)  land identified as “Area B” on the Lot Size Map may be subdivided to create lots of at least 4,000 square metres.
(3B)  Despite subclause (3), if the consent authority is satisfied that each lot is, or will be serviced by a water reticulation system, land identified as “Area D” on the Lot Size Map may be subdivided to create lots of at least 2 hectares.
(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.
cl 4.1: Am 2018 (434), cl 5.
cl 4.1BB: Ins 2015 (826), Sch 1 [3]. Renumbered as cl 4.1F, 2016 No 27, Sch 2.26 [1].
4.1AA   Minimum subdivision lot size for community title schemes
(1)  The objectives of this clause are as follows—
(a)  to ensure land to which this clause applies is not unduly fragmented.
(2)  This clause applies to a subdivision (being a subdivision that requires development consent) under the Community Land Development Act 1989 of land in any of the following zones—
(a)  Zone RU1 Primary Production,
(b)  Zone RU4 Primary Production Small Lots,
(c)  Zone E3 Environmental Management,
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.
4.1A   Minimum lot sizes for dual occupancies, multi dwelling housing and residential flat buildings
(1)  The objective of this clause is to achieve planned residential density in certain zones.
(2)  This clause applies to the following land—
(a)  land within Zone R1 General Residential,
(b)  land within Zone R3 Medium Density Residential,
(c)  land in Rylstone or Kandos that is within Zone RU5 Village.
(3)  Despite any other provision of this plan, development consent may be granted to development on land to which this clause applies—
(a)  for the purposes of a dual occupancy (attached), if the area of the lot is equal to or greater than 600 square metres, or
(b)  for the purpose of a dual occupancy (detached), if the area of the lot is equal to or greater than 800 square metres, or
(c)  for the purposes of multi dwelling housing, if the area of the lot is equal to or greater than 1,200 square metres, or
(d)  for the purposes of a residential flat building, if the area of the lot is equal to or greater than 1,200 square metres.
4.1B   Exceptions to minimum lot sizes for certain residential development
(1)  This clause applies to the following land—
(a)  land within Zone R1 General Residential,
(b)  land within Zone R3 Medium Density Residential,
(c)  land in Rylstone or Kandos that is within Zone RU5 Village.
(2)  Despite any other provision of this Plan, development consent may be granted to the subdivision of land to which this clause applies if—
(a)  multi dwelling housing or a dual occupancy is lawfully erected on the land, and
(b)  the area of each resulting lot will not be less than—
(i)  300 square metres for a dual occupancy (attached) or multi dwelling housing, or
(ii)  400 square metres for a dual occupancy (detached), and
(c)  only one dwelling will be located on each lot resulting from the subdivision.
(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 2 or more lots,
(b)  the erection of a dual occupancy (attached), dual occupancy (detached) or multi dwelling housing on each lot resulting from the subdivision, if the size of each lot is equal to or greater than—
(i)  300 square metres for a dual occupancy (attached) or multi dwelling housing, or
(ii)  400 square metres for a dual occupancy (detached).
cl 4.1B: Am 2014 (712), Sch 1 [1] [2].
4.1C   Exception to minimum subdivision lot sizes around Zone B4
(1)  The objective of this clause is to enable medium density housing on a range of lots around land in Zone B4 Mixed Use.
(2)  Despite clause 4.1(3), there is no minimum subdivision lot size for the subdivision of land identified as “Area C” on the Lot Size Map and within 100 metres of land in Zone B4 Mixed Use, if the subdivision is for the purposes of residential accommodation.
cl 4.1C: Ins 2013 (112), Sch 1 [1].
4.1D   Minimum lot sizes for certain split zones
(1)  The objectives 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 suitable land use and development.
(2)  This clause applies to each lot (an original lot) that contains—
(a)  land in Zone RU5 Village, Zone R1 General Residential, Zone R2 Low Density Residential or Zone R3 Medium Density Residential, and
(b)  land in Zone RU1 Primary Production, Zone RU4 Primary Production Small Lots or Zone E3 Environmental Management.
(3)  Despite clause 4.1, development consent may be granted to subdivide an original lot to create other lots (the resulting lots) if—
(a)  one of the resulting lots will contain—
(i)  land in Zone RU5 Village, Zone R1 General Residential, Zone R2 Low Density Residential or Zone R3 Medium Density Residential that has an area that is not less than the minimum size shown on the Lot Size Map in relation to that land, and
(ii)  all of the land in Zone RU1 Primary Production, Zone RU4 Primary Production Small Lots or Zone E3 Environmental Management that was in the original lot, and
(b)  all other resulting lots will contain land that has an area that is not less than the minimum size shown on the Lot Size Map in relation to that land.
(4)  A dwelling cannot be located on the part of a resulting lot referred to in subclause (3) (a) (ii).
cl 4.1D: Ins 2016 (84), Sch 1.
4.1E   Subdivision of land in Zone RU1 for non-agricultural land uses
(1)  The objective of this clause is to enable the subdivision of land in rural areas to create lots of an appropriate size to meet the needs of current permissible uses other than for the purpose of dwelling houses or dual occupancies.
(2)  Land in Zone RU1 Primary Production may be subdivided to create a lot of a size that is less than the minimum size shown on the Lot Size Map in relation to that land if the consent authority is satisfied that the use of the land after the subdivision will be the same use permitted under the existing development consent for the land (other than for the purpose of a dwelling house or dual occupancy).
(3)  Development consent must not be granted for the subdivision of land in Zone RU1 Primary Production unless the consent authority is satisfied that—
(a)  the subdivision will not adversely affect the use of the surrounding land for agriculture, and
(b)  the subdivision is necessary for the ongoing operation of the permissible use, and
(c)  the subdivision will not increase rural land use conflict in the locality, and
(d)  the subdivision is appropriate having regard to the natural and physical constraints affecting the land.
cl 4.1E: Ins 2015 (826), Sch 1 [4].
4.1F   Minimum lot sizes for certain land with split minimum lot sizes
(1)  The objectives of this clause are as follows—
(a)  to provide for the subdivision of lots that contain land with more than one minimum lot size, but cannot be subdivided under clause 4.1,
(b)  to ensure that the subdivision occurs in a manner that promotes suitable land use and development.
(2)  Despite clause 4.1, development consent may be granted to the subdivision of land in Zone RU1 Primary Production to create other lots (the resulting lots) only if—
(a)  at least one of the resulting lots will contain land that has an area that is not less than the minimum size shown on the Lot Size Map in relation to that land, and
(b)  any resulting lot that contains land that has an area that is less than the minimum size shown on the Lot Size Map in relation to that land does not have a dwelling erected on it.
cl 4.1F (previously cl 4.1BB): Renumbered 2016 No 27, Sch 2.26 [1].
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 and dual occupancies on land in certain zones
(1)  The objectives of this clause are as follows—
(a)  to minimise unplanned rural residential development,
(b)  to enable the replacement of lawfully erected dwelling houses in rural and environmental protection zones,
(c)  to control rural residential density affected by historical subdivision patterns in Zone R5 Large Lot Residential.
(2)  This clause applies to land in the following zones—
(a)  Zone RU1 Primary Production,
(b)  Zone RU4 Primary Production Small Lots,
(c)  Zone RU5 Village,
(d)  Zone R5 Large Lot Residential,
(e)  Zone E3 Environmental Management.
(3)  Development consent must not be granted for the erection of a dwelling house or dual occupancy on land in a zone to which this clause applies, and on which no dwelling house or dual occupancy has been erected, unless the land—
(a)  is a lot that is at least the minimum lot size shown on the Lot Size Map in relation to that land, or
(b)  is a lot or holding that existed before this Plan commenced and on which the erection of a dwelling house or dual occupancy was permissible immediately before that commencement, or
(c)  is a lot resulting from a subdivision for which development consent (or equivalent) was granted before this Plan commenced and on which the erection of a dwelling house or dual occupancy would have been permissible if the plan of subdivision had been registered before that commencement, or
(d)  is an existing holding that is not within Zone R5 Large Lot Residential, or
(e)  would have been a lot or a holding referred to in paragraphs (a)–(d) 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, or
(f)  is, in the case of land within 500 metres of land within Zone RU5 Village, a lot that has an area of at least 5 hectares, that has a sealed road frontage and that is connected to the sealed road network, or
(g)  is a holding within Zone R5 Large Lot Residential that has an area of at least 5 hectares, that has all weather access, including all weather vehicular access, to which adequate services provided by public utility undertakings are available and that is suitable for the on-site disposal of domestic wastewater, or
(h)  is a former holding, or
(i)  is a former rural lot that has an area of at least 40 hectares.
Note—
A dwelling cannot be erected on a lot created under clause 9 of State Environmental Planning Policy (Rural Lands) 2008 or clause 4.2.
(4)  Development consent may be granted for the erection of a dwelling house or dual occupancy on land to which this clause applies if 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.
(5)  In this clause—
existing holding means land that—
(a)  was a holding on the relevant date, and
(b)  is a holding at the time the application for development consent referred to in subclause (3) is lodged, whether or not there has been a change in the ownership of the holding since the relevant date,
and includes any other land adjoining that land acquired by the owner since the relevant date.
former holding means land—
(a)  that was a holding on 9 August 2012, and
(b)  that is a holding at the time the application for development consent referred to in subclause (3) is lodged, whether or not there has been a change in ownership of the holding since 9 August 2012, and
(c)  that is at least the minimum lot size applicable under the environmental planning instrument that applied to the land immediately before the commencement of this Plan.
former rural lot means a lot—
(a)  located in the former Mudgee, Rylstone or Merriwa local government areas, and
(b)  that was created prior to the commencement of this Plan, and
(c)  on which the erection of a dwelling house was permissible immediately before that commencement, and
(d)  that is in Zone RU1 Primary Production, and
(e)  in respect of land in the former Mudgee local government area—that was held in separate ownership from any adjoining land on 11 February 1985.
holding means all adjoining land, even if separated by a road or railway, held by the same person or persons.
Note—
The owner in whose ownership all the land is at the time the application is lodged need not be the same person as the owner in whose ownership all the land was on the stated date.
relevant date means—
(a)  in relation to land marked “Mudgee” on the Former LEP Boundaries Map—29 November 1967, or
(b)  in relation to land marked “Merriwa” on the Former LEP Boundaries Map—18 April 1975, or
(c)  in relation to land marked “Cudgegong” on the Former LEP Boundaries Map—24 November 1967, or
(d)  in relation to land marked “Rylstone” on the Former LEP Boundaries Map—31 July 1970.
cl 4.2A: Am 2015 (826), Sch 1 [5]–[9].
4.2B   Dwelling houses on land in Zone RU4 Primary Production Small Lots
(1)  The objective of this clause is to ensure that dwelling houses are erected only where they support the permitted agricultural use of the land.
(2)  Development consent must not be granted for the erection of a dwelling house on land in Zone RU4 Primary Production Small Lots unless the consent authority is satisfied that—
(a)  the land is being used, or is intended to be used, for the purpose of intensive plant agriculture, and
(b)  the dwelling house will be required to support the carrying out of the intensive plant agriculture or the irrigation of pasture and fodder crops, and
(c)  the dwelling house is not likely to cause any land use conflict with existing agricultural uses being undertaken on neighbouring properties in the zone, and
(d)  services for the supply of water and electricity to support that agricultural use are available or adequate arrangements have been made to make them available when required.
4.2C   Boundary changes for farm adjustments
(1)  The objective of this clause is to permit the boundary between 2 or more lots to be altered in certain circumstances, to give landowners a greater opportunity to achieve the objectives of the relevant zone.
(2)  This clause applies to land in any of the following zones—
(a)  Zone RU1 Primary Production,
(b)  Zone RU4 Primary Production Small Lots,
(c)  Zone R5 Large Lot Residential,
(d)  Zone E3 Environmental Management.
(3)  Despite clause 4.1(3), development consent may be granted to the subdivision of 2 or more adjoining lots, being land to which this clause applies, if the subdivision will not result in any of the following—
(a)  an increase in the number of lots,
(b)  an increase in the number of dwellings on, or dwellings that may be erected on, any of the lots.
(4)  Before determining a development application for the subdivision of land under this clause, the consent authority must consider the following—
(a)  the existing uses and approved uses of other land in the vicinity of the subdivision,
(b)  whether or not the subdivision is likely to have a significant impact on land uses that are likely to be preferred and the predominant land uses in the vicinity of the development,
(c)  whether or not the subdivision is likely to be incompatible with a use referred to in paragraph (a) or (b),
(d)  whether or not the subdivision is likely to be incompatible with a use on land in any adjoining zone,
(e)  any measures proposed by the applicant to avoid or minimise any incompatibility referred to in paragraph (c) or (d),
(f)  whether or not the subdivision is appropriate having regard to the natural and physical constraints affecting the land,
(g)  whether or not the subdivision is likely to have an adverse impact on the environmental values or agricultural viability of the land.
(5)  This clause does not apply—
(a)  in relation to the subdivision of lots in a strata plan or of land under the Community Land Development Act 1989, or
(b)  if the subdivision would create a lot that could itself be subdivided in accordance with clause 4.1.
cl 4.2C: Ins 2015 (826), Sch 1 [10].
4.3   Height of buildings
(1)  The objectives of this clause are as follows—
(a)  to establish a maximum height limit to which buildings can be designed in particular locations,
(b)  to enable infill development that is of similar height to existing buildings and that is consistent with the heritage character of the towns of Mudgee, Gulgong, Kandos and Rylstone.
(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
[Not adopted]
4.5   Calculation of floor space ratio and site area
[Not adopted]
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 Planning Secretary has been obtained.
(5)  In deciding whether to grant concurrence, the Planning 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 Planning 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 RU2 Rural Landscape.
(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.
Part 5 Miscellaneous provisions
5.1   Relevant acquisition authority
(1)  The objective of this clause is to identify, for the purposes of section 3.15 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 2.5 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
(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 and certain Crown land). 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 Land Management Act 2016).
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
(a1)  land in Zone RU1 Primary Production, Zone RU3 Forestry, Zone RU4 Primary Production Small Lots, Zone R2 Low Density Residential, Zone R5 Large Lot Residential, Zone IN2 Light Industrial or Zone SP3 Tourist, 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 E2 Environmental Conservation or 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.
5.4   Controls relating to miscellaneous permissible uses
(1) Bed and breakfast accommodation If development for the purposes of bed and breakfast accommodation is permitted under this Plan, the accommodation that is provided to guests must consist of no more than 3 bedrooms.
Note—
Any such development that provides for a certain number of guests or rooms may involve a change in the class of building under the Building Code of Australia.
(2) Home businesses If development for the purposes of a home business is permitted under this Plan, the carrying on of the business must not involve the use of more than 40 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 40 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)  30% 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 5 bedrooms.
(6) Kiosks If development for the purposes of a kiosk is permitted under this Plan, the gross floor area must not exceed 75 square metres.
(7) Neighbourhood shops If development for the purposes of a neighbourhood shop is permitted under this Plan, the retail floor area must not exceed 100 square metres.
(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)  50% 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)  30% of the gross floor area of the industry, or
(b)  400 square metres,
whichever is the lesser.
cl 5.4: Am 2018 (406), Sch 1.91 [1] [2].
5.5   (Repealed)
5.6   Architectural roof features
[Not adopted]
5.7   Development below mean high water mark
[Not applicable]
5.8   Conversion of fire alarms
(1)  This clause applies to a fire alarm system that can be monitored by Fire and Rescue NSW or by a private service provider.
(2)  The following development may be carried out, but only with development consent—
(a)  converting a fire alarm system from connection with the alarm monitoring system of Fire and Rescue NSW to connection with the alarm monitoring system of a private service provider,
(b)  converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with the alarm monitoring system of another private service provider,
(c)  converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with a different alarm monitoring system of the same private service provider.
(3)  Development to which subclause (2) applies is complying development if it consists only of—
(a)  internal alterations to a building, or
(b)  internal alterations to a building together with the mounting of an antenna, and any support structure, on an external wall or roof of a building so as to occupy a space of not more than 450mm × 100mm × 100mm.
(4)  A complying development certificate for any such complying development is subject to a condition that any building work may only be carried out between 7.00 am and 6.00 pm on Monday to Friday and between 7.00 am and 5.00 pm on Saturday, and must not be carried out on a Sunday or a public holiday.
(5)  In this clause—
private service provider means a person or body that has entered into an agreement that is in force with Fire and Rescue NSW to monitor fire alarm systems.
5.9, 5.9AA   (Repealed)
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 Mid-Western Regional,
(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.
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 Additional local provisions
6.1   Salinity
(1)  The objective of this clause is to provide for the appropriate management of land that is subject to salinity and the minimisation and mitigation of adverse impacts from development that contributes to salinity.
(2)  Before determining a development application for development that, in the opinion of the consent authority, may affect the process of salinisation or is proposed to be carried out on land affected by groundwater salinity, the consent authority must consider the following—
(a)  whether the development is likely to have any adverse impact on salinity processes on the land,
(b)  whether salinity is likely to have an impact on the development,
(c)  any appropriate measures proposed to avoid, minimise or mitigate the impacts of the development.
(3)  Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied that—
(a)  the development is designed, sited and will be managed to avoid any significant adverse environmental impact, or
(b)  if that impact cannot be reasonably avoided—the development is designed, sited and will be managed to minimise that impact, or
(c)  if that impact cannot be minimised—the development will be managed to mitigate that impact.
6.2   Flood planning
(1)  The objectives of this clause are as follows—
(a)  to minimise the flood risk to life and property associated with the use of land,
(b)  to allow development on land that is compatible with the land’s flood hazard, taking into account projected changes as a result of climate change,
(c)  to avoid significant adverse impacts on flood behaviour and the environment.
(2)  This clause applies to—
(a)  land identified as “Flood planning area” on the Flood Planning Map, and
(b)  other land at or below the flood planning level.
(3)  Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied that the development—
(a)  is compatible with the flood hazard of the land, and
(b)  is not likely to significantly adversely affect flood behaviour resulting in detrimental increases in the potential flood affectation of other development or properties, and
(c)  incorporates appropriate measures to manage risk to life from flood, and
(d)  is not likely to significantly adversely affect the environment or cause avoidable erosion, siltation, destruction of riparian vegetation or a reduction in the stability of river banks or watercourses, and
(e)  is not likely to result in unsustainable social and economic costs to the community as a consequence of flooding.
(4)  A word or expression used in this clause has the same meaning as it has in the Floodplain Development Manual (ISBN 0 7347 5476 0) published by the NSW Government in April 2005, unless it is otherwise defined in this clause.
(5)  In this clause—
flood planning area means the land shown as “Flood planning area” on the Flood Planning Map.
flood planning level means the level of a 1:100 ARI (average recurrent interval) flood event plus 0.5 metre freeboard.
6.3   Earthworks
(1)  The objective of this clause is to ensure that earthworks for which development consent is required will not have a detrimental impact on environmental functions and processes, neighbouring uses, cultural or heritage items or features of the surrounding land.
(2)  Development consent is required for earthworks unless—
(a)  the earthworks are exempt development under this Plan or another applicable environmental planning instrument, or
(b)  the earthworks are ancillary to other development for which development consent has been given.
(3)  Before granting development consent for earthworks, the consent authority must consider the following matters—
(a)  the likely disruption of, or any detrimental effect on, existing drainage patterns and soil stability in the locality of the development,
(b)  the effect of the development on the likely future use or redevelopment of the land,
(c)  the quality of the fill or the soil to be excavated, or both,
(d)  the effect of the development on the existing and likely amenity of adjoining properties,
(e)  the source of any fill material and the destination of any excavated material,
(f)  the likelihood of disturbing relics,
(g)  the proximity to, and potential for adverse impacts on, any waterway, drinking water catchment or environmentally sensitive area,
(h)  any appropriate measures proposed to avoid, minimise or mitigate the impacts of the development.
Note—
The National Parks and Wildlife Act 1974, particularly section 86, deals with harming Aboriginal objects.
6.4   Groundwater vulnerability
(1)  The objectives of this clause are as follows—
(a)  to maintain the hydrological functions of key groundwater systems,
(b)  to protect vulnerable groundwater resources from depletion and contamination as a result of development.
(2)  This clause applies to land identified as “Groundwater vulnerable” on the Groundwater Vulnerability Map.
(3)  Before determining a development application for development on land to which this clause applies, the consent authority must consider the following—
(a)  the likelihood of groundwater contamination from the development (including from any on-site storage or disposal of solid or liquid waste and chemicals),
(b)  any adverse impacts the development may have on groundwater dependent ecosystems,
(c)  the cumulative impact the development may have on groundwater (including impacts on nearby groundwater extraction for a potable water supply or stock water supply),
(d)  any appropriate measures proposed to avoid, minimise or mitigate the impacts of the development.
(4)  Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied that—
(a)  the development is designed, sited and will be managed to avoid any significant adverse environmental impact, or
(b)  if that impact cannot be reasonably avoided—the development is designed, sited and will be managed to minimise that impact, or
(c)  if that impact cannot be minimised—the development will be managed to mitigate that impact.
6.5   Terrestrial biodiversity
(1)  The objective of this clause is to maintain terrestrial biodiversity by—
(a)  protecting native fauna and flora, and
(b)  protecting the ecological processes necessary for their continued existence, and
(c)  encouraging the conservation and recovery of native fauna and flora and their habitats.
(2)  This clause applies to land identified as “Moderate Biodiversity Sensitivity” or “High Biodiversity Sensitivity” on the Sensitivity Biodiversity Map.
(3)  Before determining a development application for development on land to which this clause applies, the consent authority must consider—
(a)  whether the development is likely to have—
(i)  any adverse impact on the condition, ecological value and significance of the fauna and flora on the land, and
(ii)  any adverse impact on the importance of the vegetation on the land to the habitat and survival of native fauna, and
(iii)  any potential to fragment, disturb or diminish the biodiversity structure, function and composition of the land, and
(iv)  any adverse impact on the habitat elements providing connectivity on the land, and
(b)  any appropriate measures proposed to avoid, minimise or mitigate the impacts of the development.
(4)  Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied that—
(a)  the development is designed, sited and will be managed to avoid any significant adverse environmental impact, or
(b)  if that impact cannot be reasonably avoided by adopting feasible alternatives—the development is designed, sited and will be managed to minimise that impact, or
(c)  if that impact cannot be minimised—the development will be managed to mitigate that impact.
6.6   Location of sex services premises
(1)  The objective of this clause is to minimise land use conflicts and adverse amenity impacts by providing a reasonable level of separation between sex services premises, specified land uses and places regularly frequented by children.
(2)  In deciding whether to grant development consent to development for the purposes of sex services premises, the consent authority must consider the following—
(a)  whether the premises will be located on land that adjoins, is directly opposite or is separated only by a local road from land—
(i)  in Zone R1 General Residential, Zone R2 Low Density Residential, Zone R3 Medium Density Residential or Zone RE1 Public Recreation, or
(ii)  used for the purposes of a centre-based child care facility, a community facility, a school or a place of public worship,
(b)  the impact of the proposed development and its hours of operation on any place likely to be regularly frequented by children—
(i)  that adjoins the proposed development, or
(ii)  that can be viewed from the proposed development, or
(iii)  from which a person can view the proposed development.
cl 6.6: Am 2017 (493), Sch 1.2 [1].
6.7   Active street frontages
(1)  The objective of this clause is to promote uses that attract pedestrian traffic along certain ground floor street frontages on land in Zone B3 Commercial Core.
(2)  This clause applies to land identified as “Active Street Frontage” on the Active Street Frontages Map.
(3)  Development consent must not be granted to 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)  vehicle access.
(5)  In this clause, a building has an active street frontage if all premises on the ground floor of the building facing the street are used for the purposes of business premises or retail premises.
6.8   Airspace operations—Mudgee Airport
(1)  The objectives of this clause are as follows—
(a)  to provide for the effective and ongoing operation of the Mudgee Airport by ensuring that such operation is not compromised by proposed development that penetrates the Limitation or Operations Surface for that airport,
(b)  to protect the community from undue risk from that operation.
(2)  If a development application is received and the consent authority is satisfied that the proposed development will penetrate the Limitation or Operations Surface, the consent authority must not grant development consent unless it has consulted with the relevant Commonwealth body about the application.
(3)  The consent authority may grant development consent for the development if the relevant Commonwealth body advises that—
(a)  the development will penetrate the Limitation or Operations Surface but it has no objection to its construction, or
(b)  the development will not penetrate the Limitation or Operations Surface.
(4)  The consent authority must not grant development consent for the development if the relevant Commonwealth body advises that the development will penetrate the Limitation or Operations Surface and should not be constructed.
(5)  In this clause—
Limitation or Operations Surface means the Obstacle Limitation Surface or the Procedures for Air Navigation Services Operations Surface as shown on the Obstacle Limitation Surface Map or the Procedures for Air Navigation Services Operations Surface Map for the Mudgee Airport.
relevant Commonwealth body means the body, under Commonwealth legislation, that is responsible for development approvals for development that penetrates the Limitation or Operations Surface for the Mudgee Airport.
6.9   Essential services
Development consent must not be granted to development unless the consent authority is satisfied that any of the following services that are essential for the proposed development are available or that adequate arrangements have been made to make them available when required—
(a)  the supply of water,
(b)  the supply of electricity,
(c)  the disposal and management of sewage,
(d)  stormwater drainage or on-site conservation,
(e)  suitable road access.
6.10   Visually sensitive land near Mudgee
(1)  The objective of this clause is to protect the visually and environmentally significant land on the urban fringe of the town of Mudgee.
(2)  This clause applies to land shown as “Visually Sensitive Land” on the Visually Sensitive Land Map.
(3)  Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied that the development—
(a)  will complement the visual setting forming the backdrop to Mudgee, and
(b)  will be designed, set back and sited to respond sympathetically to the landform of the site on which the development is proposed to be carried out and will minimise visual intrusion.
cl 6.10: Am 2019 (564), cl 5(1) (2).
6.11   Temporary workers’ accommodation
(1)  The objectives of this clause are as follows—
(a)  to enable development for temporary workers’ accommodation if there is a demonstrated need to accommodate employees due to the nature of the work or the location of the land on which that work is carried out,
(b)  to ensure that temporary workers’ accommodation is appropriately located,
(c)  to ensure that the erection of temporary workers’ accommodation is not likely to have a detrimental impact on the future use of the land or to conflict with an existing land use,
(d)  to minimise the impact of temporary workers’ accommodation on local roads and infrastructure.
(2)  Development consent must not be granted to development for the purposes of temporary workers’ accommodation unless the consent authority is satisfied of the following—
(a)  the development is to be located—
(i)  if the development relates to a mine—within 5 kilometres of the relevant mining lease under the Mining Act 1992, or
(ii)  in any other case—within 5 kilometres of the large-scale infrastructure in which persons are to be employed,
(b)  there is a need to provide temporary workers’ accommodation due either to the large-scale infrastructure or because of the remote or isolated location of the land on which the large-scale infrastructure is being carried out,
(c)  the development will not prejudice the subsequent carrying out of development on the land in accordance with this Plan and any other applicable environmental planning instrument,
(d)  water reticulation systems and sewerage systems will be provided to adequately meet the requirements of the development,
(e)  when the development is no longer in use, the land will, as far as practicable, be restored to the condition in which it was before the commencement of the development.
(3)  In this clause—
temporary workers’ accommodation means any habitable buildings and associated amenities erected on a temporary basis for the purpose of providing a place of temporary accommodation for persons employed to carry out large-scale infrastructure, including development for the purposes of an extractive industry, mining, renewable energy or an electricity transmission or distribution network.
cl 6.11: Ins 2012 (375), Sch 1.
6.12   Development in a designated buffer area
(1)  The objective of this clause is to protect the operational environment of the sewage treatment plant in Mudgee.
(2)  This clause applies to land identified as “Sewage Treatment Plant Buffer” on the Sewage Treatment Plant Buffer Map.
(3)  Before granting development consent for development on land to which this clause applies, the consent authority must consider the following matters—
(a)  if the development is for the purposes of residential accommodation—the impact that any odour, noise and other emissions associated with the operation of the Mudgee sewage treatment plant would have on the development,
(b)  any proposed measures incorporated into the development that limit the impact of such noise and other emissions associated with the existing plant,
(c)  whether the development would adversely affect the operational environment of the plant.
cll 6.12, 6.13: Ins 2013 (112), Sch 1 [2].
6.13   Commercial premises on land in Zone B4 and known as Caerleon
(1)  The objective of this clause is to maintain the commercial hierarchy of Mudgee by encouraging retail development of an appropriate scale on land in Zone B4 Mixed Use and known as Caerleon.
(2)  Development consent may be granted to development for the purposes of retail premises on land in Zone B4 Mixed Use and known as Caerleon if the gross floor area of each individual retail premises does not exceed 1,280 square metres.
Note—
A building may contain more than 1 retail premises as long as each retail premises individually does not have a gross floor area exceeding 1,280 square metres.
(3)  Before granting development consent to development referred to in subclause (2), the consent authority must consider the economic impact of the development and be satisfied that the development will not have an adverse impact on the commercial hierarchy of Mudgee.
cll 6.12, 6.13: Ins 2013 (112), Sch 1 [2].
6.14   Minimum subdivision lot size for community title schemes on certain land in Zone R5
(1)  The objective of this clause is to facilitate community title subdivision with a minimum lot size of 2 or 5 hectares for certain land in Zone R5 Large Lot Residential.
(2)  This clause applies to a subdivision (being a subdivision that requires development consent) under the Community Land Development Act 1989 of land only in Zone R5 Large Lot Residential identified as “Area D” on the Lot Size Map, 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)  Despite subclause (3), if the consent authority is satisfied that each lot is, or will be serviced by a water reticulation system, land identified as “Area D” on the Lot Size Map may be subdivided to create lots of at least 2 hectares.
cl 6.14: Ins 2019 (415), Sch 1.
Schedule 1 Additional permitted uses
(Clause 2.5)
1   Use of certain land at 285 Botobolar Road, Botobolar
(1)  This clause applies to land at 285 Botobolar Road, Botobolar, being Lots 28 and 29, DP 755414.
(2)  Development for the purpose of a dwelling house is permitted with development consent subject to—
(a)  Lots 28 and 29, DP 755414 being consolidated into a single lot, and
(b)  evidence being provided to the consent authority that sufficient water is available for the development of the site for intensive plant agriculture, and
(c)  a water licence for the water referred to in paragraph (b) having been granted, and
(d)  at least 50% of the proposed intensive plant agriculture venture on the site having been established.
2   Use of certain land at 10 Snelsons Lane, Gulgong
(1)  This clause applies to land at 10 Snelsons Lane, Gulgong, being Lot 113, DP 755433.
(2)  Development for the purposes of a transport depot is permitted with development consent.
3   Use of certain land at 16 Sydney Road, Mudgee
(1)  This clause applies to land at 16 Sydney Road, Mudgee, being Lot 101, DP 880938.
(2)  Development for the purposes of hotel or motel accommodation is permitted with development consent.
4   Use of certain land at 2255 Hill End Road, Grattai
(1)  This clause applies to land at 2255 Hill End Road, Grattai, being Lot 4, DP 255618.
(2)  Development for the purpose of an animal boarding or training establishment is permitted with development consent.
sch 1: Am 2014 (173), cl 4; 2014 (212), Sch 1 [2]; 2014 (712), Sch 1 [3] [4]; 2019 (176), cl 5.
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.
Depot
(1)  Must only be constructed on land in Zone RU1 Primary Production, Zone RU4 Primary Production Small Lots or Zone R5 Large Lot Residential.
(2)  Must be a small scale operation with a maximum of 2 vehicles.
(3)  Maximum height—7m above ground level (existing).
(4)  Maximum area—200m2.
(5)  Must be located at least 20m from the primary road frontage of the lot and at least 10m from the other lot boundaries.
(6)  Must be constructed or installed at least 50m from a dwelling on an adjoining property.
(7)  Must be located at least 50m from a waterbody (natural).
(8)  To the extent it is comprised of a metal components, must be designed by, and constructed in accordance with the specifications of, a professional engineer.
Water storage facilities
(1)  Must only be constructed on land in Zone RU1 Primary Production or Zone RU4 Primary Production Small Lots.
(2)  Minimum distance from property boundary at closest point—10m.
(3)  Minimum fill embankment crest width—3m.
(4)  Maximum capacity for water storage—25ML.
Note—
Farm dams must comply with the NSW Farm Dams Policy (Harvestable Right Dams Policy), a copy of which can be obtained from the NSW Office of Water or relevant State Government Authority.
Schedule 3 Complying development
(Clause 3.2)
Note—
State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies complying development and the complying development conditions for that development under that Policy. The Policy has State-wide application. This Schedule contains additional complying development not specified in that Policy.
Part 1 Types of development
(When this Plan was made this Part was blank)
Part 2 Complying development certificate conditions
Note—
Complying development must comply with the requirements of the Act, the regulations under the Act and this Plan.
General conditions
Any development specified in Part 1 is subject to the same conditions set out in Schedule 6 to State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.
Schedule 4 Classification and reclassification of public land
(Clause 5.2)
Part 1 Land classified, or reclassified, as operational land—no interests changed
Column 1
Column 2
Locality
Description
Nil
 
Part 2 Land classified, or reclassified, as operational land—interests changed
Column 1
Column 2
Column 3
Locality
Description
Any trusts etc not discharged
Gulgong
40 Fisher Street, Lot 2, DP 718061
Nil
Gulgong
20 Tallawang Road, Lot 3, DP 626037
Easement for transmission line (L310591) as noted on Certificate of Title Folio Identifier 3/626037
Mudgee
2A Banjo Paterson Avenue, Lot 157, DP 1082615
Easement for transmission line (BK 3413 No 415) as noted on Certificate of Title Folio Identifier 157/1082615
Mudgee
3A Banjo Paterson Avenue, Lot 158, DP 1082615
Nil
Mudgee
69 Banjo Paterson Avenue, Lot 271, DP 1175650
Easement to drain water (DP 1082615) and easement to drain water (DP 1167671) as noted on Certificate of Title Folio Identifier 271/1175650
Mudgee
40–48 Bellevue Road, Lot 14, DP 1184367
Nil
Mudgee
76A Bellevue Road, Lot 19, DP 1020110
Restrictions on the use of land (DP 1020110) as noted on Certificate of Title Folio Identifier 19/1020110
Mudgee
3 Court Street, Lot 23, DP 816236
Easements affecting the parts shown so burdened in the title diagram created by: DP 749570 easement to drain water variable width and restrictions on the use of land (DP 816236) as noted on Certificate of Title Folio Identifier 23/816236
Mudgee
11 Doug Gudgeon Drive, Lot 1, DP 1182613
Nil
Mudgee
3A Industrial Road, Lot 82, DP 1127630
Nil
Mudgee
14 Lisbon Road, Lot 18, DP 788035
Restrictions on the use of land (DP 788035) as noted on Certificate of Title Folio Identifier 18/788035
Mudgee
16A Lisbon Road, Lot 2, DP 802143
Easements appurtenant to the land created by: DP 802143 easement to drain water as noted on Certificate of Title Folio Identifier 2/802143
Mudgee
44A Mortimer Street, Lot A, DP 408150
Nil
Mudgee
Corner of Queens Pinch Road and Wallinga Lane, Lot 1, DP 1181314
Nil
Mudgee
152 Robertson Street, Lot 18, DP 1110787
Restrictions as to user (DP 1110787) as noted and numbered 2 and 3 on Certificate of Title Folio Identifier 18/1110787
Mudgee
30 Vera Court, Lot 33, DP 1087576
Easement to drain sewage (DP 1080214), easement to drain water (DP 1080214) and restrictions on the use of land (DP 1080214) as noted on Certificate of Title Folio Identifier 33/1087576
Mudgee
15 White Circle, Lot 49, DP 1062044
Nil
Mudgee
49A White Circle, Lot 2, DP 1182624
Easement to drain sewage (DP 1036575) and restrictions on the use of land (DP 1036575) as noted on Certificate of Title Folio Identifier 2/1182624
Mudgee
65A White Circle, Lot 199, DP 1089672
Easement to drain water (DP 1082615) as noted on Certificate of Title Folio Identifier 199/1089672
Mudgee
72 White Circle, Lot 227, DP 1119919
Easement to drain water (DP 1082615) as noted on Certificate of Title Folio Identifier 227/1119919
Mudgee
85–95 White Circle, Lot 228, DP 1119919
Easement to drain water (DP 1082615) as noted on Certificate of Title Folio Identifier 228/1119919
Mudgee
29 Woodside Close, Lot 29, DP 871844
Nil
Ulan
15 Spring Street, Lot 7, Section 1, DP 759017
Covenant (U793262) as noted on Certificate of Title Folio Identifier 7/1/759071
Part 3 Land classified, or reclassified, as community land
Column 1
Column 2
Locality
Description
Nil
 
sch 4: Am 2015 (826), Sch 1 [11].
Schedule 5 Environmental heritage
(Clause 5.10)
Part 1 Heritage items
Suburb
Item name
Address
Property description
Significance
Item no
 
Lue Station Homestead
Lue Station, Parish of Arthur
Lot 30, DP 655396
Local
I361
 
Cudgegong General Cemetery
Parish of Arthur
Lot 13, DP 756906
Local
I518
 
John Riley’s Grave
Lue Station, Parish of Arthur
Lot 30, DP 655396
Local
I362
 
Havilah Cemetery
Parish of Barra
Lot 2, DP 556656
Local
I534
 
Railway station and stationmaster’s house group
Village of Lue, Parish of Barra
 
State
I363
 
Hotel and residence
Village of Lue, Parish of Barra
Part Portion 28, DP 756865
Local
I364
 
Shop, “John Thompson’s Butcher/Draper/Grocer 1913”
Cox Street, Village of Lue, Parish of Barra
Lot 1, DP 771922
Local
I365
 
366 Railway viaduct
East end of Village of Lue, Parish of Barra
 
Local
I366
 
Mudgee Cemetery
Cassilis Road, Parish of Bumberra
DP 755418
Local
I376
 
Avenue of trees
Cassilis Road (northern extension of Church Street), Parish of Bumberra
 
Local
I377
 
370 Roth House
Corner Cassilis Road and Henry Lawson Drive, Parish of Bumberra
Lot 1, DP 858020
Local
I370
 
Mudgee Brickworks
Home Rule Road, Parish of Bumberra
DP 755418
Local
I375
 
Gawthorne Cottage
Lue Road, Parish of Bumberra
Lot 1, DP 800689
Local
I372
 
Wilgowra homestead
Lue Road, Parish of Bumberra
Lot 1, DP 304767
Local
I373
 
Oakfields homestead
Lue Road, Parish of Bumberra
Lot 231, DP 791836
Local
I374
 
Old School/Church
Lue Road, Parish of Bumberra
Lot 1, DP 304767
Local
I1003
 
Loneragan homestead (Putta Bucca)
Putta Bucca Road, Parish of Bumberra
Lot 23, DP 755418
Local
I371
 
Wingvee Homestead and Woolshed and Quartz Roasting Pits
Triamble Road, Parish of Cummings
Lot 27, DP 756911
State
I979
 
“Melrose Park”, Homestead
Parish of Derale
Lot 1, DP 736756
Local
I378
 
Havilah homestead, chapel and shearing sheds
Parish of Derale
Portion 65, DP 755427
Local
I379
 
“Spring Ridge”, Homestead
Spring Ridge, Parish of Goodiman
Lot 2, DP 612712,
Local
I385
 
Guntawang homestead
Guntawang Road, Parish of Guntawang
Lot 3, DP 718231
Local
I390
 
“The Lagoon”, Homestead
Castlereagh Highway, Parish of Guntawang
Lot 1, DP 1144337
Local
I391
 
Old gold mine
Parish of Guntawang
Portion 412, DP 755934
Local
I392
 
Stone Church
Parish of Hearne
Portion 144, DP 755778
Local
I11R
 
Cemetery
Parish of Hearne
Lot 1, DP 199334
Local
I18R
 
Ben Buckley Homestead and Woolshed
Parish of Rouse
Lot 1, DP 869050
Local
I998
 
Tannabutta General Cemetery
Parish of Tannabutta
Lot 7001, DP 1023927
Local
I1005
 
Triamble Homestead and Woolshed
976 Triamble Road, Parish of Trianbil
Lot 25, DP 756911
Local
I976
 
St Matthew’s Anglican Church
Triamble Road, Parish of Trianbil
Lot 13, DP 1125856
Local
I978
 
Uamby Cemetery
Parish of Uamby
 
Local
I1000
 
Catholic Church
Parish of Warrangunia
Portion 255, DP 755799
Local
I13R
 
Cemetery
Parish of Warrangunia
Portions 107 and 110, DP 755799
Local
I17R
 
Church of England
Parish of Warrangunia
Part Portion 25, DP 755799
Local
I12R
 
Uniting Church
Parish of Warrangunia
Part Portion 22, DP 755799
Local
I10R
 
Home Rule School, residence
Home Rule, Parish of Wyaldra
Portions 140 and 141, DP 755415
Local
I420
 
Yamble homestead and outbuildings
Parish of Yarrobil
Lot 3, DP 1083951
Local
I421
Avisford
Chinese Water Race
 
Lot 119, DP 756864
State
I1013
Barigan
Homestead
367 Barigan Road
Portions 65 and 142
Local
I367
Biraganbil
Morrowolga homestead
 
Portion 28
Local
I369
Biraganbil
Biraganbil homestead
Wellington Road
Lot 2, DP 534376
Local
I368
Bylong
St Stephen’s Anglican Church
7647 Bylong Valley Way
Lot 51, DP 1142227
Local
I14R
Clandulla
Railway Station
SRA 205564
 
Local
I30R
Cooyal
St Andrews Anglican Church Cemetery
Linburn Lane
Lot 304, DP 755414
Local
I532
Crudine
Cemetery
 
Portions 43–46
Local
I16R
Crudine
School
 
Portion 24, DP 755768
Local
I15R
Erudgere
Ellersly Homestead
 
Lot 53, DP 756897
Local
I995
Erudgere
“Erudgere”, Winery
Hargraves-Hill End Road
Portions 74 and 76, DP 756880
Local
I380
Eurunderee
“Budgee Budgee Shop”
 
Lot 1, DP 1095527
Local
I384
Eurunderee
“Loaded Dog Inn”
 
Lot 2, DP 778714
Local
I382
Eurunderee
“Craigmoor Wines”
Craigmoor Road
Portion 39, DP 755429
Local
I383
Eurunderee
Henry Lawson Memorial
Henry Lawson Drive
Lot 1, DP 368450
Local
I381
Goolma
Goolma Primary School
 
Lot 106, DP 750777
Local
I999
Goolma
St Mark’s Anglican Church
 
Lot 146, DP 750777
Local
I997
Goolma
Pineview Homestead and Woolshed
889 Gollan Road
 
Local
I992
Grattai
“Beragoo”, Homestead
 
Lot 8, DP 253524
Local
I386
Gulgong
Fletchers Shaft
 
Crown reserve
Local
I990
Gulgong
Old Railway Dam and Pump Shed
 
Crown Land south of Portion 37
Local
I389
Gulgong
Scully’s Shaft
 
Crown reserve
Local
I987
Gulgong
Showground
 
Portions 86, 90 and 419
Local
I360
Gulgong
House
16 Bayly Street (corner Nandoura Street)
Lot 1, Section 72, DP 33960
Local
I189
Gulgong
House
22 Bayly Street
Lots 5 and 6, Section 54, DP 758482
Local
I190
Gulgong
House
29 Bayly Street
Lot 1, Section 53, DP 131408
Local
I191
Gulgong
Old Flour Mill
31–35 Bayly Street (southwest corner White Street)
Lots 5–7, Section 5, DP 758482
Local
I192
Gulgong
House
32 Bayly Street
Lot 9, Section 54, DP 758482; Lot 1A, DP 328975
Local
I193
Gulgong
House
42 Bayly Street
Lot 6, Section 12, DP 758482
Local
I194
Gulgong
Catholic School
49 Bayly Street
Lot 1, Section 19, DP 1150865
Local
I196
Gulgong
Catholic Rectory, Church and buildings
53 Bayly Street
Lot 2, DP 1150865; Lots 4–8, Section 19, DP 758482
Local
I197
Gulgong
St Andrews Presbyterian Church
54 Bayly Street
Lot 3, Section 20, DP 758482
Local
I195
Gulgong
Church of St John the Baptist
55–59 Bayly Street
Lots 3–7, Section 19, DP 758482
Local
I199
Gulgong
St Luke’s Anglican Church
64 Bayly Street (southeast corner Bulga Street)
Lot 1, DP 724452
Local
I198
Gulgong
House
29 Belmore Street
Lot 13, DP 35627
Local
I200
Gulgong
House
35 Belmore Street
Lot 16, DP 35627
Local
I201
Gulgong
House
47 Belmore Street
Lot 1, Section 57, DP 758482
Local
I202
Gulgong
House
63 Belmore Street
Lot 2, Section 40, DP 774736
Local
I203
Gulgong
Row of four houses
68–74 Belmore Street
Lots 1–4, DP 329007
Local
I204
Gulgong
House
73 Belmore Street
Lot 2, Section 40, DP 758482
Local
I205
Gulgong
House
84 Belmore Street
Lot 5, Section 14, DP 758482
Local
I206
Gulgong
House
85 Belmore Street (demolished)
Lot 7, Section 13, DP 758482
Local
I207
Gulgong
House
86 Belmore Street
Lot 6, Section 14, DP 758482
Local
I208
Gulgong
House
88 Belmore Street
Lot 2, DP 357981
Local
I209
Gulgong
Uniting Church
89 Belmore Street (southeast Medley Street)
Lot 9, Section 13, DP 758482
Local
I210
Gulgong
House
90 Belmore Street
Lot 8, Section 14, DP 758482
Local
I211
Gulgong
House
104 Belmore Street (northeast corner Bulga Street)
Lot 1, DP 521414
Local
I212
Gulgong
House
8 Bowman Street
Lot 31, Section 59, DP 611931
Local
I214
Gulgong
House
9 Bowman Street
Lot 5, Section 60, DP 75848
Local
I213
Gulgong
House
1 Bulga Street (northeast corner Little Bayly Street)
Lot 12, Section 21, DP 758482
Local
I217
Gulgong
Catholic Rectory and church buildings
53–59 Bulga Street (southeast corner Bayly Street)
Lots 1–7, Section 19, DP 758482
Local
I216
Gulgong
House
2 Cainbil Street (southwest corner Rouse Street)
Lot 4, DP 23799
Local
I218
Gulgong
House
18 Cainbil Street
Lot 2, DP 17320
Local
I219
Gulgong
House
24 Cainbil Street
Lot 5, DP 17320
Local
I220
Gulgong
House
26 Cainbil Street
Lot 6, DP 17320
Local
I221
Gulgong
House
Caledonian Street
Lot 3, DP 1107097; Lot 2, DP 607166
Local
I222
Gulgong
House
Canadian Street
Lot 12, DP 807607
Local
I223
Gulgong
“Tarrawonga”, House
Corner Canadian Lead Road and Homer Street
Lot 249, DP 755433
Local
I224
Gulgong
Gulgong Cemetery
Castlereagh Highway
 
Local
I388
Gulgong
House
5 Cooyal Street
Lot 3, Section 90, DP 758482
Local
I225
Gulgong
House
10 Fitzroy Street
Lot 3, Section 86, DP 758482
Local
I228
Gulgong
House
17 Herbert Street (corner with Rouse Street)
Lot 1, Section 43, DP 758482
Local
I229
Gulgong
House
26 Herbert Street
Lot 11, Section 16, DP 758482
Local
I233
Gulgong
House
28 Herbert Street
Lots 10 and 10A, Section 16, DP 758482
Local
I230
Gulgong
House
32 Herbert Street
Lots 8 and 7, Section 16, DP 758482
Local
I234
Gulgong
House
50 Herbert Street (corner with Lynne Street)
Lot 32, Section 15, DP 591214
Local
I235
Gulgong
House
57 Herbert Street
Lot A, Section 7, DP 372437
Local
I237
Gulgong
Gulgong Pioneer Museum
59–61 and 63–73 Herbert Street
Lots 1A, 1B, 2, 3, 6A, 6B and 6C, Section 6, DP 758482; Lot 1, DP 1088767; Lot 1, DP 103042; Lots 1 and 2, DP 1110254
Local
I236
Gulgong
Shop and residence
62 Herbert Street
Lot 1, Section 14, DP 904818; Lots 1B and 2, Section 14, DP 758482
Local
I238
Gulgong
House
70 Herbert Street
Lots 1 and 2, Section 13, DP 758482
Local
I239
Gulgong
House
74 Herbert Street
Lot 2A, Section 12, DP 758482
Local
I240
Gulgong
Commercial building
74A Herbert Street
Lot 2B, Section 12, DP 758482
Local
I241
Gulgong
“Hobsons Shops Golden West Trading Post” and house
75 Herbert Street
Lots 1C and 1B, Section 5, DP 758482
State
I242
Gulgong
Gulgong Dry Cleaners
77 Herbert Street
Lot 1, DP 663000
Local
I243
Gulgong
Commercial building
78 Herbert Street
Lot 1, Section 12, DP 758482
Local
I244
Gulgong
Commercial building
79–81 Herbert Street
Lots 2A and 2B, Section 5, DP 758482; Lot 31, Section 5, DP 635531
Local
I245
Gulgong
Farmers and Graziers Co-op
83–85 Herbert Street
Lot 2, Section 5, DP 583142
Local
I246
Gulgong
Commercial building
87 Herbert Street
Lot 11, Section 5, DP 715378
Local
I247
Gulgong
“Davies Butchery”
89 Herbert Street (southeast corner Queen Street)
Lot 1, Section 4, DP 981816
Local
I248
Gulgong
Post Office
94 Herbert Street (southwest corner Robinson Street)
Lot 2, Section 28, DP 206281
Local
I249
Gulgong
“Post Office Hotel”
97 Herbert Street (southeast corner Robinson Street)
Lots 1–3, Section 27, DP 758482
Local
I250
Gulgong
Court House
98 Herbert Street
Lot 3, Section 28, DP 758482
Local
I251
Gulgong
Ulan County Council
102 Herbert Street
Lot 1, DP 1011525
Local
I252
Gulgong
“Australian Joint Stock Bank”
101–103 Herbert Street
Lots 4 and 5, Section 27, DP 758482
Local
I253
Gulgong
Fire Station
104 Herbert Street
Lot 5, Section 28, DP 758482
Local
I254
Gulgong
House
105 Herbert Street
Lot 6, Section 27, DP 758482
Local
I255
Gulgong
“Wyaldra Shire Hall”
109 Herbert Street
Lot 1, DP 831594
Local
I256
Gulgong
House
113 Herbert Street
Lot 3, Section 65, DP 758482
Local
I257
Gulgong
Silos and house
Homer Street
Lot 102, DP 818674
Local
I258
Gulgong
“Haleys Cottage”, House
2 Little Belmore Street (southeast corner White Street)
Lot 2, Section 42, DP 591934
Local
I259
Gulgong
House
4 Loftus Street
Lot 4, Section 69, DP 758482
Local
I260
Gulgong
House
11 Lynne Street
Lot 4, Section 23, DP 568136
Local
I263
Gulgong
House
12 Lynne Street
Lot 2, Section 46, DP 513027
Local
I261
Gulgong
House
14 Lynne Street
Lot 21, Section 46, DP 568136
Local
I262
Gulgong
“Ten Dollar Town Motel”
Mayne Street (northwest corner Medley Street)
Lot 1, Section 18
Local
I308
Gulgong
House
23 Mayne Street (Portion 219, Parish of Gulgong)
Lot 102, DP 1095103
Local
I265
Gulgong
House
24 Mayne Street
Lot 2, DP 595785
Local
I264
Gulgong
House
38 Mayne Street
Lot 41, Section 45, DP 552358
Local
I266
Gulgong
House
45 Mayne Street
Lot 2, Section 44
Local
I267
Gulgong
House
46 Mayne Street
Lot 1, Section 45
Local
I268
Gulgong
House
49 Mayne Street
Lot 7, Section 32
Local
I269
Gulgong
House
51 Mayne Street
Lot 6, Section 32
Local
I270
Gulgong
House
56 Mayne Street
Lot 2, Section 31
Local
I271
Gulgong
House
59 Mayne Street
Lot 1, Section 32
Local
I272
Gulgong
House
74 Mayne Street
Lots 6 and 7, Section 30
Local
I273
Gulgong
“Loyola”, House
77 Mayne Street
Lot D, Section 29
Local
I274
Gulgong
House
78 Mayne Street
Lot 4, Section 30
Local
I275
Gulgong
House
80 Mayne Street
Lot 3, Section 30
Local
I276
Gulgong
Shop
88 Mayne Street
Lot 2B, Section 4
Local
I277
Gulgong
House
89 Mayne Street
Lot 15, Section 29
Local
I278
Gulgong
“Jas Loneragan”
90–100 Mayne Street (northeast corner Herbert Street)
Lots 5–7, Section 4
Local
I279
Gulgong
St Vincent de Paul shop and residence
91 Mayne Street
Lot 9, Section 1
Local
I280
Gulgong
House
93 Mayne Street
Lot 8, Section 1
Local
I281
Gulgong
Prince of Wales Hotel
97 Mayne Street
Lots 5 and 6, Section 1
Local
I282
Gulgong
“Prince of Wales Opera House”
99 Mayne Street
Lot 4, Section 1
Local
I283
Gulgong
“CBC Bank”
101–103 Mayne Street
Lot 3, Section 1
Local
I284
Gulgong
Commercial building
102 Mayne Street (northwest corner Herbert Street)
Section 3
Local
I285
Gulgong
Commercial building
104 Mayne Street
Lot 6, Section 3
Local
I286
Gulgong
Commercial building
107 Mayne Street (southeast corner Herbert Street)
Lots 1–3, Section 1
Local
I287
Gulgong
“Greatest Wonder of the World”
123 Mayne Street
Part Lot 4, Section 2
Local
I288
Gulgong
“American Tobacco Warehouse”
125 Mayne Street
Part Lot 4, Section 2
Local
I289
Gulgong
Commercial building
127 Mayne Street
Lot 5A, Section 2
Local
I290
Gulgong
Commercial building
128–132 Mayne Street (northeast corner Medley Street)
Lots 1A, 2B and 2C, Section 3
Local
I291
Gulgong
Commercial building
131–133 Mayne Street
Lots 6A–6C, Section 2
Local
I292
Gulgong
The Coffee House
137 Mayne Street
Lot 7A, Section 2
Local
I293
Gulgong
Commercial building
139 Mayne Street (northwest corner Medley Street)
Lot 7, Section 2
Local
I294
Gulgong
Centennial Hotel
145 Mayne Street (corner Medley Street)
Lots 1 and 2, Section 17
Local
I295
Gulgong
“The Henry Lawson Centre”
147 Mayne Street
Part Lot 3, Section 17
Local
I296
Gulgong
House
148 Mayne Street
Lots 6 and 7, Section 18
Local
I297
Gulgong
House
149 Mayne Street
Lot 5B, Section 17
Local
I298
Gulgong
House
153 Mayne Street
Lot 6, Section 17
Local
I299
Gulgong
House
155 Mayne Street
Lot 7, Section 17
Local
I300
Gulgong
“Cullengoral”
156 Mayne Street
Lot 21, Section 18
Local
I301
Gulgong
House
161 Mayne Street
Lot 12, Section 17
Local
I302
Gulgong
House
162 Mayne Street
Lot 1, Section 24
Local
I303
Gulgong
House
164 Mayne Street
Lot 2, Section 24
Local
I304
Gulgong
Shop
165 Mayne Street
Lot 14, Section 17
Local
I305
Gulgong
House
166 Mayne Street
Lot 3, Section 24
Local
I306
Gulgong
House
167 Mayne Street
Lot 15, Section 17
Local
I307
Gulgong
House
169 Mayne Street
Lot 5, Section 25
Local
I309
Gulgong
House
192 Mayne Street
Lot 22, DP 598308
Local
I310
Gulgong
House
200 Mayne Street
Portion 436, Parish of Guntawang
Local
I311
Gulgong
Gulgong District Hospital
206 Mayne Street
Lots 195 and 196, DP 755434
Local
I312
Gulgong
House
Main Road No 55 (near Medley Street)
Portion 143, Parish of Guntawang
Local
I313
Gulgong
House
33 Medley Street
Lot 24, Section 16, DP 758482
Local
I314
Gulgong
House
39 Medley Street
Lot 4, Section D, DP 33960
Local
I315
Gulgong
House
41 Medley Street
Lot 1, DP 101068
Local
I316
Gulgong
House
43 Medley Street
Lot 2, DP 101068
Local
I317
Gulgong
House
44 Medley Street
Lot 3, Section 23
Local
I318
Gulgong
House
45 Medley Street
Lot 8A, Section 12, DP 758482
Local
I319
Gulgong
House
51 Medley Street
Lot 2, Section 11
Local
I320
Gulgong
House
56 Medley Street
Lot 3, Section 21
Local
I321
Gulgong
House
58–60 Medley Street
Lots 21 and 22, Section 21
Local
I322
Gulgong
Police station
61 Medley Street
Lot 2, Section 28
Local
I323
Gulgong
House
62 Medley Street
Lot 1, Section 21
Local
I324
Gulgong
Uniting Church Hall
64 Medley Street
Part Lot 2, Section 20
Local
I325
Gulgong
“Albury House”, House
68 Medley Street (northwest corner Bayly Street)
Lot 1, Section 20
Local
I326
Gulgong
House
75 Medley Street
Lot 1, Section 39
Local
I327
Gulgong
“Phonograph Museum” and residence
78 Medley Street
Lots 14 and 15, Section 18
Local
I328
Gulgong
House
86 Medley Street
Lot 2, Section 33
Local
I329
Gulgong
“Merry”, House
100 Medley Street
Lot 4, Section 35
Local
I330
Gulgong
House
104 Medley Street
Lot 2, Section 36
Local
I331
Gulgong
House
108 Medley Street
Part Lot 2, Section 38
Local
I332
Gulgong
House
110 Medley Street
Lot 3, Section 38
Local
I333
Gulgong
House
2 Moonlight Street
Lot 10, Section 60
Local
I334
Gulgong
House
Nandoura Street
Lot 2, Section 73
Local
I335
Gulgong
House
4 Nandoura Street
Lot 2, DP 758482
Local
I351
Gulgong
Commercial building (Loneragans Garage)
33 Queen Street
Lot 6, Section 5
Local
I336
Gulgong
Commercial building
35 Queen Street
Lot 5, Section 5
Local
I337
Gulgong
House
40 Queen Street
Lot 102, DP 596820
Local
I338
Gulgong
House
56 Queen Street (northwest corner Bulga Street)
Lot 2, resubdivision of Portion 182, Parish of Guntawang
Local
I339
Gulgong
House
60 Queen Street
Lot 2, resubdivision of Portion 181, Parish of Guntawang
Local
I340
Gulgong
House
62 Queen Street
Part Lot 181, Section 84
Local
I341
Gulgong
House
Railway Street
Lot 22, DP 802634
Local
I342
Gulgong
 
Reef Street, Northwest corner Canadian Street
Lot 4, Section 87
Local
I343
Gulgong
House
1 Robinson Street
Lot 12, Section 27
Local
I344
Gulgong
House
3 Robinson Street
Lot 11, Section 27
Local
I345
Gulgong
Old “Central School”
Robinson Street (corner Cooyal Street)
Part Lot 2, Section 64
Local
I346
Gulgong
House
Robinson Street (corner Loftus Street)
Lot 4, Section 69
Local
I347
Gulgong
“Red Hill House”, House
Robinson Street (southeast corner White Street)
Lots 483 and 486, DP 46131; Lot 1, Section 80, DP 758482
Local
I227
Gulgong
Railway station and stationmaster’s house group
Saleyards Lane, Parishes of Gulgong and Guntawang
 
State
I349
Gulgong
House
Scully Street (corner of Cooyal Street)
Part Lot 2, Section 64
Local
I348
Gulgong
House
1 Scully Street
Lot 3, Section 63, DP 758482
Local
I226
Gulgong
House
Station Street
Lot 66
Local
I352
Gulgong
“Loneragans Flour Mill”
2 Station Street
Portions 388, 406 and 428, Parish of Guntawang
Local
I350
Gulgong
House
Corner Tallawang and Bligh Streets
Lot 3, Section 49
Local
I355
Gulgong
House
23 Tallawang Street (southeast corner Prince Street)
Lot 1, Parish of Guntawang
Local
I353
Gulgong
House
29 Tallawang Street (southeast corner Prince Street)
Lot 1, Section 48
Local
I354
Gulgong
House
11 White Street (northeast corner Lynne Street)
Lot 1, Section 47
Local
I356
Gulgong
House
unnamed road off Wellington Road (Main Road No 233)
Portion 148, 755934
Local
I358
Gulgong
Gulgong Grandstand
Victoria Park
Portion 91, 755434
Local
I359
Hargraves
Empire Hall
 
Lot 12, Section 3, DP 758501
Local
I1029
Hargraves
Hargraves Cemetery
 
Lots 100–106, DP 756885
Local
I400
Hargraves
“The Elders”, Miners Cottage
 
Lot 7, DP 756885
Local
I1028
Hargraves
Beechworth Homestead
Beechworth Road
Lot 1, DP 879791
Local
I977
Hargraves
House
Bowen Street
Section 24
Local
I399
Hargraves
“National School”
Bowen Street
 
Local
I393
Hargraves
Catholic Church
Merinda Street
Lot 4, Section 2, DP 758501
Local
I398
Hargraves
House (old Court House and Police Station)
Merinda Street
Lot 701, DP 1021142
Local
I395
Hargraves
House
Merinda Street (next to court house)
Lot 1, Section 6, DP 758501
Local
I396
Hargraves
“Old Warry”
Merinda Street
Lot 3, Section 3, DP 758501
Local
I1030
Hargraves
Red Doors, Former Butcher Shop
Merinda Street
Lot 2, Section 3, DP 758501
Local
I980
Hargraves
St Stephen’s Church of England
Corner Merinda and Church Streets
Portion 124, Section 6, DP 756885
Local
I394
Hargraves
Terrace houses
Merinda Street
Lot 1, Section 3, DP 758501
Local
I397
Ilford
School Residence
Parish of Warrangunia
Part Portion 260, 755799
Local
I31R
Ilford
Wishing Well
Road Reserve at Cherry Tree Hill
 
Local
I33R
Kandos
Band Rotunda
Public Reserve, Angus Avenue
Lot 24, DP 8161
Local
I2R
Kandos
Anglican Church
Angus Avenue
Lot 11, Section 9, DP 8161
Local
I3R
Kandos
Post Office
Angus Avenue
Lot 11, DP 774796
Local
I4R
Kandos
Museum
Angus Avenue
Lot 10, Section 1, DP 8161
Local
I5R
Kandos
Uniting Church
Dunn Street
Lots 13 and 14, Section 24, DP 9704
Local
I1R
Kandos
Catholic Church
Fleming Street
Lot 5, Section 4, DP 9750
Local
I9R
Kandos
School
Fleming Street
Lots 3 and 4, Section 17, DP 9604
Local
I7R
Kandos
Railway Station
Ilford Road
SRA Ref 930448
Local
I8R
Kandos
Court House
21 Ilford Road
Lot 7007, DP 1023908
Local
I6R
Menah
Menah homestead
 
Lot 1, DP 877564
Local
I406
Menah
Explorers’ Tree, “Camping Tree”
Wilbertree Road
Lot 2, DP 602711
Local
I407
Menah
River Red Gum
Wilbertree Road (on road reserve)
 
Local
I408
Mudgee
Burrundulla Station and homes
 
Portion 182, DP 756894
Local
I402
Mudgee
Talbragar Reserve
  
Local
I991
Mudgee
Wallinga homestead
 
Lot 11, DP 581380
Local
I401
Mudgee
Catholic Church
Southeast corner of Church and Market Streets
Lots 19 and 20, Section 11, DP 158721
State
I3
Mudgee
Clock Tower
Corner Church and Market Streets
 
Local
I185
Mudgee
Convent and hall
Corner Church and Market Streets
Lots 17 and 18, Section 11, DP 158721
State
I4
Mudgee
“Macs Corner Store”, Shop/residence
Northeast corner Church and Horatio Streets
Lot 1, Section 32, DP 797677
Local
I23
Mudgee
Postal Pillar Box
Church Street, corner Moufarrige Mall
Lots 12 and 13, DP 240238
Local
I186
Mudgee
“Lawson Park Hotel”
1–3 Church Street
Lot 1, DP 82856; Lot 1, DP 86378
Local
I1
Mudgee
“Regent Theatre”
3–5 Church Street
Lot 1, Section 3, DP 633977
Local
I2
Mudgee
Anglican Church
6 Church Street (corner of Market and Church Streets)
Part Lot 1, DP 1043650
Local
I125
Mudgee
Catholic Church Hall
13 Church Street
Lot 17, Section 11, DP 158721
State
I6
Mudgee
“Town Centre”, Store
19–41 Church Street
Lot 11, Section 11, DP 719577
Local
I7
Mudgee
“Mercer’s Pharmacy”, Shop
22–24 Church Street
Lot 12, DP 1041494
Local
I8
Mudgee
Shop, (previously cafe)
26 Church Street
Lot 1, DP 744764
Local
I9
Mudgee
“Woolleys Butchery”, Shop
47 Church Street
Lot 2, DP 503897
Local
I10
Mudgee
Shop/Hotel
49–51 Church Street (corner Mortimer Street)
Lot 2, Section 11, DP 332516
Local
I11
Mudgee
Shop, Travel Agency
56–62 Church Street
Lots 21 and 22, DP 809582; Lot 2, Section 10, DP 208895
Local
I12
Mudgee
“Afton”, House
63 Church Street
Lot 2, DP 830698
Local
I13
Mudgee
“Busy Hands”, Gallery/shop
71 Church Street
Lot 1, DP 780555
Local
I14
Mudgee
Office/residence
89 Church Street
Lot 1, DP 1125495
Local
I15
Mudgee
House
93 Church Street
Lot 2, DP 1125495
Local
I16
Mudgee
House
95 Church Street
Lot 4, DP 1125495
Local
I17
Mudgee
“F S Pharmacy”, Shop
96 Church Street
Lot 2, Section 17, DP 739068
Local
I18
Mudgee
“Settler’s Coffee Lounge”, Shop
98 Church Street
Lot 1, DP 152701
Local
I19
Mudgee
Terrace houses
110–112 Church Street
Lots B and D, Section 17, DP 163315
Local
I20
Mudgee
Terrace houses
125–127 Church Street
Lots 3 and 4, Section 32, DP 745127
Local
I21
Mudgee
House
129 Church Street
Lot 2, DP 1009027
Local
I22
Mudgee
Old Fire Station (now Dentists)
136 Church Street
Lot 1, DP 79472
Local
I24
Mudgee
Terrace houses
150–152 Church Street
Lot 2, DP 812473
Local
I25
Mudgee
House/ commercial rooms
154 Church Street
Lot 3, Section 26, DP 770737
Local
I26
Mudgee
House
182 Church Street
Lot 2, Section 65, DP 621579
Local
I27
Mudgee
House
184 Church Street
Lot 62, DP 588050
Local
I28
Mudgee
Terrace houses
8–10 Court Street
Lot A, DP 156704
Local
I32
Mudgee
House
14–16 Court Street
Lot 1, DP 747160
Local
I33
Mudgee
House
48 Court Street
Lot 1, DP 758721
Local
I34
Mudgee
Pitched stone kerb and gutter
West side Court Street, between Nos 50 and 76
 
Local
I187
Mudgee
House
64 Court Street
Lot 14, DP 758721
Local
I35
Mudgee
Technical College
70–76 Court Street
Lot 1, Section 36, DP 739918
Local
I36
Mudgee
House
78 Court Street
Lot 14, Section 36, DP 758721
Local
I37
Mudgee
House
8 Cox Street
Lot 1, DP 998518
Local
I31
Mudgee
House
30 Denison Street
Lot 2, DP 1105808
Local
I38
Mudgee
Terrace houses
32–34 Denison Street
Lot 1, DP 195728; Lot 1, DP 999093
Local
I39
Mudgee
Terrace houses
41–41A Denison Street
Lot 31, Section 31, DP 609574
Local
I40
Mudgee
Terrace houses
50–52 Denison Street
Lots 11 and 12, DP 873162
Local
I41
Mudgee
House
53 Denison Street
Lot 1, DP 794928
Local
I42
Mudgee
“Ludgate”, House
56 Denison Street
Lot C, Section 27, DP 70326
Local
I43
Mudgee
House
58 Denison Street
Lot B, Section 27, DP 70326
Local
I44
Mudgee
“Mooltan”, House
63 Denison Street
Lot 4, DP 39051
Local
I45
Mudgee
House
97 Denison Street
Lot 2, Section 35, DP 758721
Local
I46
Mudgee
House
109 Denison Street
Lot 1, DP 742431
Local
I47
Mudgee
House
116 Denison Street
Lot 1, Section 22, DP 743222
Local
I48
Mudgee
Memorial Park
Douro Street (opposite Lovejoy Street)
Lots 19 and 20, Section 8, DP 758721
Local
I55
Mudgee
Memorial Park
Douro Street
Lots 19 and 20, Section 8, DP 758721
Local
I182
Mudgee
House
9 Douro Street
Lots 2 and 3, DP 921495
Local
I49
Mudgee
Duplex houses
13 Douro Street
Lot 1, DP 525941
Local
I50
Mudgee
Duplex houses
17 Douro Street
Lots 9 and 10, Section 18, DP 455013
Local
I51
Mudgee
“Rexton”, House
18 Douro Street
Lot 1, DP 521204
Local
I52
Mudgee
House
28 Douro Street
Lot 1, DP 196609
Local
I53
Mudgee
House
80–82 Douro Street
Lots 1 and 2, DP 1096219
Local
I54
Mudgee
House
19 Gladstone Street
Lot 1, DP 1166498
Local
I56
Mudgee
House
30 Gladstone Street
Lot 30, DP 1055200
Local
I57
Mudgee
House
42–44 Gladstone Street
Lot 22, Section 16, DP 702449
Local
I58
Mudgee
House
54 Gladstone Street
Lot 2, DP 305741
Local
I59
Mudgee
House
55 Gladstone Street
Lot 4, DP 1099063
Local
I60
Mudgee
House
57 Gladstone Street
Lot 1, DP 199187
Local
I61
Mudgee
House
61 Gladstone Street
Lot 1, DP 1064183
Local
I62
Mudgee
House
68 Gladstone Street
Lot 1, DP 198118
Local
I63
Mudgee
House
69 Gladstone Street
Lot 1, DP 731585
Local
I64
Mudgee
House
79 Gladstone Street
Lot 10, Section 25, DP 716500
Local
I65
Mudgee
House
83 Gladstone Street
Lot 2, Section 25, DP 974978
Local
I66
Mudgee
House
104 Gladstone Street
Lot 1, DP 531145
Local
I67
Mudgee
House
106 Gladstone Street
Lot 1, Section 19, DP 703379
Local
I68
Mudgee
House
156 Gladstone Street
Lot 2, DP 1061477
Local
I69
Mudgee
House
176 Gladstone Street
Lot 12, Section 6, DP 770287
Local
I70
Mudgee
House
210 Gladstone Street
Lot 4, DP 566202
Local
I71
Mudgee
“Caerleon Park”, Homestead
Gulgong Road
Lot 1, DP 1099627
Local
I403
Mudgee
High school
Corner Horatio and Douro Streets
Lot 2, DP 814188
Local
I79
Mudgee
House
44 Horatio Street
Lot 1, DP 770364
Local
I72
Mudgee
House
60 Horatio Street
Lot 1, Section 32, DP 157325
Local
I73
Mudgee
Terrace houses
81–83 Horatio Street
Lot 1, Section 43, DP 783371; Lot 1, DP 770585
Local
I74
Mudgee
House
99 Horatio Street
Lot 3, Section 42, DP 758721
Local
I75
Mudgee
House
105 Horatio Street
Lot 60, Section 42, DP 819521
Local
I76
Mudgee
“Hillsborough”, Guesthouse
141–143 Horatio Street
Lot 1, DP 560021
Local
I77
Mudgee
House
149 Horatio Street
Lot B, Section 40, DP 157929
Local
I78
Mudgee
Railway buildings (excluding engine shed), railway station site
Inglis Street
No identified land parcel—railway reserved land
State
I83
Mudgee
Railway station
Inglis Street
No identified land parcel—railway reserved land
State
I84
Mudgee
House
6–8 Inglis Street
Lot 9, Section 45, DP 758721
Local
I81
Mudgee
Terrace houses
9–11 and 13–15 Inglis Street
Lots 2–5, DP 818204
Local
I82
Mudgee
House
25 Inglis Street
Lot 2, Section 49, DP 758721
Local
I85
Mudgee
Hotel
34–36 Inglis Street
Lot 20, Section 43, DP 758721
Local
I86
Mudgee
House
3 Lawson Street
Lot 2, Section 1, DP 153157
Local
I87
Mudgee
“Bleak House”, House and stables
5–7 Lawson Street
Lot A, Section 1, DP 153641
Local
I88
Mudgee
House
24 Lawson Street
Lot 1, Section 15, DP 702222
Local
I89
Mudgee
House
25 Lawson Street
Lot 1, DP 737884
Local
I90
Mudgee
House
45 Lawson Street
Lot 7, Section 29, DP 758721
Local
I91
Mudgee
Terrace house
48 Lawson Street
Lot 18, DP 741978
Local
I92
Mudgee
Terrace houses
49–51 Lawson Street
Lots 21 and 22, DP 573727
Local
I93
Mudgee
House
50 Lawson Street
Lot 17, Section 28, DP 758721
Local
I94
Mudgee
House
55 Lawson Street
Lot 2, DP 615824
Local
I95
Mudgee
House
64 Lawson Street
Lot 1, DP 735817
Local
I96
Mudgee
House
65 Lawson Street
Lot 1, DP 797025
Local
I97
Mudgee
“Whitton Lodge”, House
72 Lawson Street
Lot 1, DP 593835
Local
I98
Mudgee
“Lewis Street Tyre Service”, Commercial building
1 Lewis Street
Lot 1, Section 2, DP 593835
Local
I99
Mudgee
“Oriental Tavern”, Hotel
6 Lewis Street (corner Mortimer Street)
Lot 1, DP 732911
Local
I100
Mudgee
Storeroom (old Wells & Co Store)
13 Lewis Street
Lot 2, DP 818101
Local
I101
Mudgee
“Mandalay”, House
14 Lewis Street
Lot 1, DP 949925
Local
I102
Mudgee
“Koolabah”, House
18 Lewis Street
Lot 1, DP 830698
Local
I104
Mudgee
House
25 Lewis Street
Lot X, DP 385399
Local
I105
Mudgee
House, (nursery)
49 Lewis Street
Lot 6, Section 28, DP 258279
Local
I106
Mudgee
Shop/residence
52 Lewis Street
Lot 3, Section 27, DP 548836
Local
I107
Mudgee
Houses
67, 69 and 71 Lewis Street
Lot 8, DP 1043589; Lot 1, Section 31, DP 999357; Lot 1, DP 735813
Local
I108
Mudgee
House
73 Lewis Street
Lot 2, DP 197701; Lot 1, Section 31, DP 197701
Local
I109
Mudgee
House
83 Lewis Street
Lot 12, DP 998556
Local
I110
Mudgee
Offices
1 Lovejoy Street
Lots 1 and 2, DP 737071
Local
I111
Mudgee
“Mudgee Club”, Clubhouse
5 Lovejoy Street
Lot 2, DP 1107328
Local
I112
Mudgee
Bandstand, Robertson Park
Market Street
Lot 4, Section 68, DP 727197
Local
I140
Mudgee
Robertson Park
Market Street
Lot 4, Section 68, DP 727197
Local
I181
Mudgee
Terrace houses
17–19 Market Street
Lot 100, Section 12, DP 818735
Local
I114
Mudgee
Terrace houses
21–25 Market Street
Lots 1–3, 210071
Local
I115
Mudgee
“Mudgee Club”, House
26 Market Street
Lot 2, Section 3, DP 68326
Local
I116
Mudgee
House
27 Market Street
Lot 27, DP 1096567
Local
I117
Mudgee
“Craigmoor Wines”, Shop
30 Market Street
Lot 7, Section 3, DP 1651
Local
I118
Mudgee
Shop/residence
42–44 Market Street
Lot 3A, Section 3, DP 389431; Lot X, DP 389432
Local
I119
Mudgee
Two shops
43–45 Market Street
Lots 1 and 2, DP 802702
Local
I120
Mudgee
Shop/residence
46 Market Street
Lot 1, Section 3, DP 596907
Local
I121
Mudgee
Shops
52–54 Market Street
Lot 1, DP 770608
Local
I122
Mudgee
Shop
56 Market Street
Lot 1, DP 782453
Local
I124
Mudgee
Catholic Presbytery
57 Market Street (corner Church and Market Streets)
Lots 17 and 18, Section 11, DP 158721
State
I5
Mudgee
“Beaurepaires Tyres”, Commercial building
58 Market Street (corner of Church and Market Streets)
Lot 1, Section 3, DP 731541
Local
I123
Mudgee
Westpac Bank
59 Market Street
Lot 1, Section 10, DP 217403
Local
I126
Mudgee
State Bank
62 Market Street
Lot 1, DP 73990
Local
I127
Mudgee
Town Hall
64 Market Street
Lot 5, Section 55, DP 758721
State
I128
Mudgee
Woolpack Hotel
67 Market Street
Lot 112, DP 1136696
Local
I129
Mudgee
Old bank building (now Dear Loneragan & Hogan Solicitors)
70 Market Street
Lot 4, Section 55, DP 758721; Lot 3, DP 1052954
Local
I130
Mudgee
Shop
71–73 Market Street
Lot 9, DP 240238
Local
I131
Mudgee
Post Office
80 Market Street
Lot 11, Section 54, DP 786618
State
I133
Mudgee
Shops
81–83 Market Street
Lots 5 and 6, DP 1026343
Local
I132
Mudgee
Police Station and stables
82 Market Street
Lot 1, DP 819971
Local
I134
Mudgee
House
88 Market Street
Lot 9, DP 824137
Local
I135
Mudgee
Government Offices (old Council Chambers)
90 Market Street
Lot 113, DP 48439
Local
I136
Mudgee
Court House annex
94 Market Street
Lot 4, Section 67, DP 758721
Local
I137
Mudgee
Court House
96 Market Street
Lot 5, Section 67, DP 758721
Local
I138
Mudgee
Shop
97 Market Street (corner Market and Perry Streets)
Lot 1, Section 10, DP 61325
Local
I139
Mudgee
Parkview Guesthouse
99 Market Street
Lot 4, DP 270016
Local
I141
Mudgee
Courthouse Hotel
111 Market Street
Lot 1, DP 874233
Local
I142
Mudgee
Museum
126 Market Street
Lot 111, DP 850558
Local
I143
Mudgee
House
141 Market Street
Lot 3, Section 1, DP 355899
Local
I144
Mudgee
House
144 Market Street
Lot 42, DP 703056
Local
I145
Mudgee
Old stables (now house)
146 Market Street
Lot 41, DP 703056
Local
I146
Mudgee
Terrace houses
155–159 Market Street
Lot 1, DP 883949
Local
I147
Mudgee
House
177 Market Street
Lot 1, DP 718081
Local
I148
Mudgee
“Loneragans”, House
18 Mortimer Street
Lot 2, DP 836115
Local
I149
Mudgee
Terrace houses
63–69 Mortimer Street
Lots 1–4, DP 817985
Local
I150
Mudgee
House
64 Mortimer Street
Lot 17, DP 758721
Local
I151
Mudgee
Double storey residential building
70 Mortimer Street
Lot 1, DP 1132208
Local
I152
Mudgee
House
82A Mortimer Street
Lot 2, DP 735096
Local
I153
Mudgee
“Civic Theatre”, Theatre
84–88 Mortimer Street
Lot 1, DP 1056499
Local
I154
Mudgee
Uniting Church
87 Mortimer Street
Lot 2, DP 833884
Local
I155
Mudgee
Terrace houses
100–106 Mortimer Street
Lot 1, Section 9, DP 778954; Lot 1, Section 9, DP 745507; Lot 1, Section 9, DP 745180; Lot 1, DP 790217
Local
I156
Mudgee
Presbyterian Church
103 Mortimer Street
Lot 1, DP 589892
Local
I157
Mudgee
House
114 Mortimer Street
Lot 1, Section 9, DP 745237
Local
I158
Mudgee
Shop
131 Mortimer Street
Lot 2, DP 837945
Local
I159
Mudgee
House
133 Mortimer Street
Lot 1, DP 837945
Local
I160
Mudgee
House
152 Mortimer Street
Lot 16, Section 2, DP 393
Local
I161
Mudgee
House
185 Mortimer Street
Lot 1, Section 7, DP 732081
Local
I162
Mudgee
Tomb memorial to James Blackman and family
Blackman Park, Park Street
Lot 394, DP 756894
Local
I188
Mudgee
River Red Gum tree
Corner Perry and Short Streets
Southwest corner of Lot 2, DP 777991
Local
I183
Mudgee
“Mudgee Guardian”, Commercial building
9 Perry Street
Lots 1 and 2, DP 1094462
Local
I163
Mudgee
Shop (previously Masonic Temple)
18 Perry Street
Lot 1, Section 9, DP 707405
Local
I164
Mudgee
Salvation Army Citadel
19 Perry Street
Lot 1, Section 10, DP 910612
Local
I165
Mudgee
House
24 Perry Street
Lot 2, Section 18, DP 595449
Local
I166
Mudgee
House
26 Perry Street
Lot D, Section 18, DP 81982
Local
I167
Mudgee
House
28–30 Perry Street
Lot 1, Section 18, DP 85623
Local
I168
Mudgee
Shops
37–39 Perry Street
Lot 1, DP 807813; Lot 1, Section 17, DP 734887
Local
I169
Mudgee
“Paragon”, Hotel
38 Perry Street
Lot 2, DP 730123
Local
I171
Mudgee
“Mechanics Institute”, School of Arts (now residence)
40 Perry Street
Lot 11, Section 25, DP 716500
Local
I170
Mudgee
Mudgee Public School
44 Perry Street (additions)
Lot 1, DP 814188
Local
I172
Mudgee
Mudgee Public School
44 Perry Street (original building)
Lot 1, DP 814188
Local
I173
Mudgee
Terrace houses
49 Perry Street
Lot 5, Section 26, DP 758721
Local
I174
Mudgee
House, Headmaster’s residence
48 Perry Street
Lot 1, DP 814188
Local
I175
Mudgee
“Onohan”, House
55 Perry Street
Lot 71, DP 1129312
Local
I176
Mudgee
House
57 Perry Street
Lot 8, Section 26, DP 758721
Local
I177
Mudgee
Lawson Park
Short Street
Section 74, DP 758721; Section 54A, DP 758721; Lot 1, Section 54A, DP 758721
Local
I180
Mudgee
River Red Gum tree
Short Street, Police Station property
Lot 4, Section 67, DP 758721
Local
I184
Mudgee
Doctor’s surgery and dwelling
19 Short Street
Lot 1, DP 986022
Local
I178
Mudgee
“The Willows”, House
29 Short Street
Lot 3, DP 1103896
Local
I179
Mudgee
Old School
Sydney Road
 
Local
I1004
Munghorn
Munghorn Gap Nature Reserve
  
Local
I993
Piambong
Cullenbone (Former School House)
Castlereagh Highway
Lot 182, DP 756901
Local
I410
Piambong
“Wandu”, Limosin Stud
Gulgong Road
Portion 182, DP 756901
Local
I410
Piambong
Binawee homestead and outbuildings
111 Lesters Lane
Part Lot 4, DP 8266646
State
I409
Pyramul
Catholic Church and Graveyard
 
Lots 72 and 73, DP 756901
Local
I411
Rylstone
Railway Station
 
SRA Ref 227462
State
I29R
Rylstone
Uniting Church and manse
3–5 Ilford Road
Lot 1, DP 387675; Lot 2, Section 14, DP 758891
Local
I19R
Rylstone
Bridge View Inn
Louee Street
Lot 21, Section 5, DP 758891
State
I34R
Rylstone
Catholic Church
Louee Street
Lots 4–6, Section 5, DP 758891
Local
I22R
Rylstone
Court House
Louee Street
Part Lots 3 and 4, Section 5
Local
I25R
Rylstone
Hall
Louee Street
Lots 9, 10 and 21, Section 5
Local
I28R
Rylstone
Police Residence
Louee Street
Part Lots 4 and 5, Section 5
Local
I23R
Rylstone
Police Station
Louee Street
Lots 1 and 2, Section 5
Local
I24R
Rylstone
Post Office
Louee Street
Lot 10, DP 776797
Local
I26R
Rylstone
Shire Office
Louee Street
Lot 8, Section 5
Local
I27R
Rylstone
Former Presbyterian Church
90A Louee Street
Lot 3, DP 1239243
Local
I32R
Rylstone
Anglican Church
Mudgee Street
Lots 7–10, Section 6
Local
I21R
Rylstone
Dwelling (Anglican Rectory)
Mudgee Street
Lots 7–10, Section 6,
Local
I20R
Rylstone
Rylstone Kandos Cemetery
73–75A Narrango Road
Lot 1, DP 650678; Lot 1, DP 668504; Lot 1, DP 668505; Lot 1, DP 724249; Lot 150, DP 755789; Lot 7023, DP 1030117; Lot 1, DP 1121520; Lot 1, DP 1138214
Local
I35R
South Mudgee
“Cranford”, House
195 Church Street
Lot 124, DP 579311
Local
I29
South Mudgee
House
4 Clifton Avenue
Lot 2, DP 713943
Local
I30
South Mudgee
House
25 Madeira Road
Lot 23, DP 244319
Local
I113
South Mudgee
Redbank Dam
Parish of Mudgee
Lots 112A, 113A and 114, DP 756894
Local
I404
South Mudgee
“Kenny’s Brickworks”
East side of Sawpit Road
DP 382040
Local
I405
Tallawang
“Niven’s Springridge Hotel”, House
Spring Ridge Road
Lot 1, DP 591912; Lot 112, DP 721220
Local
I387
Tambaroora
Tambaroora—Hill End Cemetery, Catholic/ Chinese
 
Part Section 16
Local
I412
Ulan
Goulburn River National Park
  
Local
I994
Wilbetree
Tinja Homestead
 
Lot 2, DP 1039849
Local
I989
Wilbetree
Wilbetree homestead and outbuildings
 
Lot 1, DP 32365
Local
I413
Wilbetree
Wollara Homestead
 
Lot 41, DP 755453
Local
I982
Wilbetree
Burrunah Homestead
Wilbertree Road
Lot 1, DP 72342
Local
I988
Windeyer
Anglican Church
 
Lot 4, Plan C161
Local
I414
Windeyer
“Gold and Fleece”, Hotel
 
Lot 1, DP 771751
Local
I416
Windeyer
School and schoolmaster’s house
 
Section 9, DP 756923
Local
I415
Windeyer
Windeyer Cemetery
Mudgee Street on Meroo Creek
Part Portion 287, DP 756923
Local
I417
Windeyer
Gold Mining Race
Old Hargraves Road
 
Local
I984
Windeyer
Chinese Cemetery
Ovens, Clarke Road
 
Local
I516
Wollar
Catholic Church
 
Part Lots 6–8, Section 4, DP 755455
Local
I419
Wollar
St Luke’s Anglican Church Cemetery
 
Lot 61A, DP 755455
Local
I519
Wollar
St Luke’s Church of England
 
Portion 61A
Local
I418
Wollar
Wandoona Homestead
 
Lot 103, DP 7555455
Local
I996
Part 2 Heritage conservation areas
Description
Identification on Heritage Map
Significance
Mudgee Heritage Conservation Area
Shown by red hatching and labelled “C1”
Local
Gulgong Heritage Conservation Area
Shown by red hatching and labelled “C2”
Local
Rylstone Heritage Conservation Area
Shown by red hatching and labelled “C3”
Local
Hargraves Heritage Conservation Area
Shown by red hatching and labelled “C4”
Local
sch 5: Am 2014 (212), Sch 1 [3]–[7]; 2019 (563), cl 5.
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 Mid-Western Regional Local Environmental Plan 2012 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 10.3(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 Mid-Western Regional Council.
crematorium means a building in which deceased persons or pets are cremated, whether or not it contains an associated building for conducting memorial services.
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.
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—
(a)  making or generating electricity, or
(b)  electricity storage.
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 Mid-Western Regional Local Environmental Plan 2012 Flood Planning Map.
floor space ratio—see clause 4.5.
Floor Space Ratio Map means the Mid-Western Regional Local Environmental Plan 2012 Floor Space Ratio Map. [Not adopted. See clause 4.4]
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.
Former LEP Boundaries Map means the Mid-Western Regional Local Environmental Plan 2012 Former LEP Boundaries Map.
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.
Groundwater Vulnerability Map means the Mid-Western Regional Local Environmental Plan 2012 Groundwater Vulnerability Map.
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 Mid-Western Regional Local Environmental Plan 2012 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 Mid-Western Regional Local Environmental Plan 2012 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 family day care residence (within the meaning of the Children (Education and Care Services) National Law (NSW)) 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.
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).
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 Mid-Western Regional Local Environmental Plan 2012 Land Application Map.
Land Reservation Acquisition Map means the Mid-Western Regional Local Environmental Plan 2012 Land Reservation Acquisition Map.
Land Zoning Map means the Mid-Western Regional Local Environmental Plan 2012 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 Mid-Western Regional Local Environmental Plan 2012 Lot Size Map.
maintenance, in relation to a heritage item, Aboriginal object or Aboriginal place of heritage significance, or a building, work, archaeological site, tree or place within a heritage conservation area, means ongoing protective care, but does not include the removal or disturbance of existing fabric, alterations (such as carrying out extensions or additions) or the introduction of new materials or technology.
marina means a permanent boat storage facility (whether located wholly on land, wholly on a waterway or partly on land and partly on a waterway), and includes any of the following associated facilities—
(a)  any facility for the construction, repair, maintenance, storage, sale or hire of boats,
(b)  any facility for providing fuelling, sewage pump-out or other services for boats,
(c)  any facility for launching or landing boats, such as slipways or hoists,
(d)  any car parking or commercial, tourist or recreational or club facility that is ancillary to the boat storage facility,
(e)  any berthing or mooring facilities.
market means an open-air area, or an existing building, that is used for the purpose of selling, exposing or offering goods, merchandise or materials for sale by independent stall holders, and includes temporary structures and existing permanent structures used for that purpose on an intermittent or occasional basis.
Note—
Markets are a type of retail premises—see the definition of that term in this Dictionary.
mean high water mark means the position where the plane of the mean high water level of all ordinary local high tides intersects the foreshore, being 1.44m above the zero of Fort Denison Tide Gauge and 0.515m Australian Height Datum.
medical centre means premises that are used for the purpose of providing health services (including preventative care, diagnosis, medical or surgical treatment, counselling or alternative therapies) to out-patients only, where such services are principally provided by health care professionals. It may include the ancillary provision of other health services.
Note—
Medical centres are a type of health services facility—see the definition of that term in this Dictionary.
mezzanine means an intermediate floor within a room.
mine means any place (including any excavation) where an operation is carried on for mining of any mineral by any method and any place on which any mining related work is carried out, but does not include a place used only for extractive industry.
mine subsidence district means a mine subsidence district proclaimed under section 15 of the Mine Subsidence Compensation Act 1961.
mining means mining carried out under the Mining Act 1992 or the recovery of minerals under the Offshore Minerals Act 1999, and includes—
(a)  the construction, operation and decommissioning of associated works, and
(b)  the rehabilitation of land affected by mining.
Note—
Mining is not a type of industry—see the definition of that term in this Dictionary.
mixed use development means a building or place comprising 2 or more different land uses.
mooring means a detached or freestanding apparatus located on or in a waterway and that is capable of securing a vessel, but does not include a mooring pen.
mooring pen means an arrangement of freestanding piles or other restraining devices designed or used for the purpose of berthing a vessel.
mortuary means premises that are used, or intended to be used, for the receiving, preparation, embalming and storage of bodies of deceased persons pending their interment or cremation.
moveable dwelling has the same meaning as in the Local Government Act 1993.
Note—
The term is defined as follows—
moveable dwelling means—
(a)  any tent, or any caravan or other van or other portable device (whether on wheels or not), used for human habitation, or
(b)  a manufactured home, or
(c)  any conveyance, structure or thing of a class or description prescribed by the regulations (under the Local Government Act 1993) for the purposes of this definition.
multi dwelling housing means 3 or more dwellings (whether attached or detached) on one lot of land, each with access at ground level, but does not include a residential flat building.
Note—
Multi dwelling housing is a type of residential accommodation—see the definition of that term in this Dictionary.
native fauna means any animal-life that is indigenous to New South Wales or is known to periodically or occasionally migrate to New South Wales, whether vertebrate (including fish) or invertebrate and in any stage of biological development, but does not include humans.
native flora means any plant-life that is indigenous to New South Wales, whether vascular or non-vascular and in any stage of biological development, and includes fungi and lichens, and marine vegetation within the meaning of Part 7A of the Fisheries Management Act 1994.
native vegetation has the same meaning as in 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.
public reserve has the same meaning as in the Local Government Act 1993.
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.
Sensitivity Biodiversity Map means the Mid-Western Regional Local Environmental Plan 2012 Sensitivity Biodiversity Map.
service station means a building or place used for the sale by retail of fuels and lubricants for motor vehicles, whether or not the building or place is also used for any one or more of the following—
(a)  the ancillary sale by retail of spare parts and accessories for motor vehicles,
(b)  the cleaning of motor vehicles,
(c)  installation of accessories,
(d)  inspecting, repairing and servicing of motor vehicles (other than body building, panel beating, spray painting, or chassis restoration),
(e)  the ancillary retail selling or hiring of general merchandise or services or both.
serviced apartment means a building (or part of a building) providing self-contained accommodation to tourists or visitors on a commercial basis and that is regularly serviced or cleaned by the owner or manager of the building or part of the building or the owner’s or manager’s agents.
Note—
Serviced apartments are a type of tourist and visitor accommodation—see the definition of that term in this Dictionary.
sewage reticulation system means a building or place used for the collection and transfer of sewage to a sewage treatment plant or water recycling facility for treatment, or transfer of the treated waste for use or disposal, including associated—
(a)  pipelines and tunnels, and
(b)  pumping stations, and
(c)  dosing facilities, and
(d)  odour control works, and
(e)  sewage overflow structures, and
(f)  vent stacks.
Note—
Sewage reticulation systems are a type of sewerage system—see the definition of that term in this Dictionary.
sewage treatment plant means a building or place used for the treatment and disposal of sewage, whether or not the facility supplies recycled water for use as an alternative water supply.
Note—
Sewage treatment plants are a type of sewerage system—see the definition of that term in this Dictionary.
Sewage Treatment Plant Buffer Map means the Mid-Western Regional Local Environmental Plan 2012 Sewage Treatment Plant Buffer Map.
sewerage system means any of the following—
(a)  biosolids treatment facility,
(b)  sewage reticulation system,
(c)  sewage treatment plant,
(d)  water recycling facility,
(e)  a building or place 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.
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.
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.
Visually Sensitive Land Map means the Mid-Western Regional Local Environmental Plan 2012 Visually Sensitive Land Map.
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 2013 (112), Sch 1 [3]; 2016 No 27, Sch 2.26 [2].