Part 1 Preliminary
1.1 Name of Plan
This Plan is Orange Local Environmental Plan 2011.
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 Orange 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—(aa) to protect and promote the use and development of land for arts and cultural activity, including music and other performance arts,(a) to encourage development that complements and enhances the unique character of Orange as a major regional centre boasting a diverse economy and offering an attractive regional lifestyle,(b) to provide for a range of development opportunities that contribute to the social, economic and environmental resources of Orange in a way that allows the needs of present and future generations to be met by implementing the principles of ecologically sustainable development,(c) to conserve and enhance the water resources on which Orange depends, particularly water supply catchments,(d) to manage rural land as an environmental resource that provides economic and social benefits for Orange,(e) to provide a range of housing choices in planned urban and rural locations to meet population growth,(f) to recognise and manage valued environmental heritage, landscape and scenic features of Orange.
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to amend or replace that map, and approved by the local plan-making authority when the instruments are made.(1AA) (Repealed)(2) Any 2 or more named maps may be combined into a single map.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 ZonesRU1 Primary ProductionRU5 VillageResidential ZonesR1 General ResidentialR2 Low Density ResidentialR3 Medium Density ResidentialR5 Large Lot ResidentialBusiness ZonesB1 Neighbourhood CentreB2 Local CentreB3 Commercial CoreB4 Mixed UseB5 Business DevelopmentB6 Enterprise CorridorB7 Business ParkIndustrial ZonesIN1 General IndustrialIN2 Light IndustrialSpecial Purpose ZonesSP2 InfrastructureSP3 TouristRecreation ZonesRE1 Public RecreationRE2 Private RecreationEnvironment Protection ZonesE1 National Parks and Nature ReservesE2 Environmental ConservationE3 Environmental ManagementE4 Environmental Living
2.2 Zoning of land to which Plan applies
For the purposes of this Plan, land is within the zones shown on the Land Zoning Map.
2.3 Zone objectives and Land Use Table
(1) The Land Use Table at the end of this Part specifies for each zone—(a) the objectives for development, and(b) development that may be carried out without development consent, and(c) development that may be carried out only with development consent, and(d) development that is prohibited.(2) The consent authority must have regard to the objectives for development in a zone when determining a development application in respect of land within the zone.(3) In the Land Use Table at the end of this Part—(a) a reference to a type of building or other thing is a reference to development for the purposes of that type of building or other thing, and(b) a reference to a type of building or other thing does not include (despite any definition in this Plan) a reference to a type of building or other thing referred to separately in the Land Use Table in relation to the same zone.(4) This clause is subject to the other provisions of this Plan.Notes—1Schedule 1 sets out additional permitted uses for particular land.2Schedule 2 sets out exempt development (which is generally exempt from both Parts 4 and 5 of the Act). Development in the land use table that may be carried out without consent is nevertheless subject to the environmental assessment and approval requirements of Part 5 of the Act.3Schedule 3 sets out complying development (for which a complying development certificate may be issued as an alternative to obtaining development consent).4Clause 2.6 requires consent for subdivision of land.5Part 5 contains other provisions which require consent for particular development.
2.4 Unzoned land
(1) Development may be carried out on unzoned land only with development consent.(2) 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, orin accordance with the conditions (if any) specified in that Schedule in relation to that development.(b) if the Schedule so provides—without development consent,(2) This clause has effect despite anything to the contrary in the Land Use Table or other provision of this Plan.
2.6 Subdivision—consent requirements
(1) Land to which this Plan applies may be subdivided, but only with development consent.Notes—1If a subdivision is specified as exempt development in an applicable environmental planning instrument, such as this Plan or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, the Act enables it to be carried out without development consent.2Part 6 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 provides that the strata subdivision of a building in certain circumstances is complying development.(2) Development consent must not be granted for the subdivision of land on which a secondary dwelling is situated if the subdivision would result in the principal dwelling and the secondary dwelling being situated on separate lots, unless the resulting lots are not less than the minimum size shown on the Lot Size Map in relation to that land.Note—The definition of secondary dwelling in the Dictionary requires the dwelling to be on the same lot of land as the principal dwelling.
2.7 Demolition requires development consent
The demolition of a building or work may be carried out only with development consent.Note—If the demolition of a building or work is identified in an applicable environmental planning instrument, such as this Plan or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, as exempt development, the Act enables it to be carried out without development consent.
2.8 Temporary use of land
(1) The objective of this clause is to provide for the temporary use of land if the use does not compromise future development of the land, or have detrimental economic, social, amenity or environmental effects on the land.(2) Despite any other provision of this Plan, development consent may be granted for development on land in any zone for a temporary use for a maximum period of 52 days (whether or not consecutive days) in any period of 12 months.(3) Development consent must not be granted unless the consent authority is satisfied that—(a) the temporary use will not prejudice the subsequent carrying out of development on the land in accordance with this Plan and any other applicable environmental planning instrument, and(b) the temporary use will not adversely impact on any adjoining land or the amenity of the neighbourhood, and(c) the temporary use and location of any structures related to the use will not adversely impact on environmental attributes or features of the land, or increase the risk of natural hazards that may affect the land, and(d) at the end of the temporary use period the land will, as far as is practicable, be restored to the condition in which it was before the commencement of the use.(4) Despite subclause (2), the temporary use of a dwelling as a sales office for a new release area or a new housing estate may exceed the maximum number of days specified in that subclause.(5) Subclause (3) (d) does not apply to the temporary use of a dwelling as a sales office mentioned in subclause (4).
Land Use Table
Note—
A type of development referred to in the Land Use Table is a reference to that type of development only to the extent it is not regulated by an applicable State environmental planning policy. The following State environmental planning policies in particular may be relevant to development on land to which this Plan applies—
State Environmental Planning Policy (Affordable Rental Housing) 2009 (including provision for secondary dwellings)
State Environmental Planning Policy (Infrastructure) 2007—relating to infrastructure facilities such as those that comprise, or are for, air transport, correction, education, electricity generating works and solar energy systems, health services, ports, railways, roads, waste management and water supply systems
Land Use tbl: Am 2016 (168), Sch 1 [2] [5]; 2017 (493), Sch 1.1 [1] [2]; 2019 (371), cl 4 (1)–(4); 2019 (621), Sch 3.
Zone RU1 Primary Production
1 Objectives of zone• To encourage sustainable primary industry production by maintaining and enhancing the natural resource base.• To encourage diversity in primary industry enterprises and systems appropriate for the area.• To minimise the fragmentation and alienation of resource lands.• To minimise conflict between land uses within this zone and land uses within adjoining zones.• To promote the unique agricultural character of Orange and facilitate a variety of tourist and visitor accommodation land uses that are compatible with agriculture.• To ensure that development along the Southern Link Road has an alternative access.2 Permitted without consentEnvironmental protection works; Extensive agriculture; Home-based child care; Home occupations; Viticulture3 Permitted with consentAgriculture; Airstrips; Animal boarding or training establishments; Aquaculture; Bed and breakfast accommodation; Business identification signs; Cellar door premises; Community facilities; Dwelling houses; Eco-tourist facilities; Environmental facilities; Extractive industries; Farm buildings; Farm stay accommodation; Forestry; Helipads; Home businesses; Home industries; Information and education facilities; Intensive livestock agriculture; Intensive plant agriculture; Landscaping material supplies; Open cut mining; Recreation areas; Recreation facilities (major); Recreation facilities (outdoor); Roads; Roadside stalls; Rural industries; Secondary dwellings; Veterinary hospitals; Water supply systems4 ProhibitedAny development not specified in item 2 or 3
Zone RU5 Village
1 Objectives of zone• To provide for a range of land uses, services and facilities that are associated with a rural village.• To enhance and maintain the unique village character of Lucknow and Spring Hill.2 Permitted without consentEnvironmental protection works; Home-based child care; Home occupations3 Permitted with consentAmusement centres; Animal boarding or training establishments; Backpackers’ accommodation; Bed and breakfast accommodation; Boarding houses; Building identification signs; Business identification signs; Camping grounds; Caravan parks; Cemeteries; Centre-based child care facilities; Commercial premises; Community facilities; Depots; Dual occupancies; Dwelling houses; Electricity generating works; Entertainment facilities; Environmental facilities; Freight transport facilities; Function centres; Group homes; Health consulting rooms; Home businesses; Hostels; Hotel or motel accommodation; Industrial retail outlets; Information and education facilities; Light industries; Neighbourhood shops; Oyster aquaculture; Passenger transport facilities; Places of public worship; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Research stations; Respite day care centres; Roads; Schools; Secondary dwellings; Semi-detached dwellings; Seniors housing; Service stations; Sewerage systems; Shop top housing; Tank-based aquaculture; Vehicle body repair workshops; Vehicle repair stations; Veterinary hospitals; Water supply systems4 ProhibitedPond-based aquaculture; Any other development not specified in item 2 or 3
Zone R1 General Residential
1 Objectives of zone• To provide for the housing needs of the community.• To provide for a variety of housing types and densities.• To enable other land uses that provide facilities or services to meet the day to day needs of residents.• To ensure development is ordered in such a way as to maximise public transport patronage and encourage walking and cycling in close proximity to settlement.• To ensure that development along the Southern Link Road has an alternative access.2 Permitted without consentEnvironmental protection works; Home-based child care; Home occupations3 Permitted with consentAttached dwellings; Boarding houses; Building identification signs; Business identification signs; Camping grounds; Caravan parks; Centre-based child care facilities; Community facilities; Dwelling houses; Electricity generating works; Environmental facilities; Exhibition homes; Exhibition villages; Group homes; Home businesses; Home industries; Hostels; Information and education facilities; Kiosks; 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; Roads; Semi-detached dwellings; Seniors housing; Shop top housing; Tank-based aquaculture; Tourist and visitor accommodation; Veterinary hospitals; Water supply systems4 ProhibitedFarm stay accommodation; Rural workers’ dwellings; 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.• To ensure development is ordered in such a way as to maximise public transport patronage and encourage walking and cycling in close proximity to settlement.• To ensure that development along the Southern Link Road has an alternative access.2 Permitted without consentEnvironmental protection works; Home-based child care; Home occupations3 Permitted with consentBed and breakfast accommodation; Boarding houses; Building identification signs; Business identification signs; Centre-based child care facilities; Community facilities; Dual occupancies; Dwelling houses; Electricity generating works; Environmental facilities; Exhibition homes; Group homes; Health consulting rooms; Home businesses; Home industries; Hostels; Information and education facilities; Kiosks; Neighbourhood shops; Oyster aquaculture; Places of public worship; Pond-based aquaculture; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Respite day care centres; Roads; Semi-detached dwellings; Serviced apartments; Tank-based aquaculture; Veterinary hospitals; Water supply systems4 ProhibitedAny 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 ensure development is ordered in such a way as to maximise public transport patronage, and encourage walking and cycling, in close proximity to settlement.2 Permitted without consentEnvironmental protection works3 Permitted with consentAttached dwellings; Boarding houses; Building identification signs; Business identification signs; Centre-based child care facilities; Community facilities; Electricity generating works; Entertainment facilities; Environmental facilities; Exhibition homes; Function centres; Group homes; Home-based child care; Home businesses; Home industries; Home occupations; Information and education facilities; Kiosks; 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; Roads; Seniors housing; Tank-based aquaculture; Tourist and visitor accommodation4 ProhibitedFarm stay 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.• To provide for student housing in close proximity to the Charles Sturt University.• To ensure development is ordered in such a way as to maximise public transport patronage, and encourage walking and cycling, in close proximity to settlement.• To ensure development along the Southern Link Road has an alternative access.2 Permitted without consentEnvironmental protection works; Home-based child care; Home occupations3 Permitted with consentAnimal boarding or training establishments; Bed and breakfast accommodation; Boarding houses; Building identification signs; Business identification signs; Centre-based child care facilities; Community facilities; Crematoria; Dwelling houses; Environmental facilities; Exhibition homes; Home businesses; Home industries; Information and education facilities; Kiosks; Neighbourhood shops; Oyster aquaculture; Places of public worship; Pond-based aquaculture; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Respite day care centres; Roads; Tank-based aquaculture; Veterinary hospitals; Water supply systems4 ProhibitedAny development not specified in item 2 or 3
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 encourage local employment opportunities in accessible locations.• To ensure development is ordered in such a way as to maximise public transport patronage, and encourage walking and cycling, in close proximity to settlement.• To promote development of a scale that is conducive to the role of the Orange CBD as the primary retail and business centre in the region.• To ensure development in the Northern Leeds Parade area is appropriately serviced, of a scale consistent with the needs of the area and will not detract from the role of the CBD as the primary business centre within the City.2 Permitted without consentEnvironmental protection works; Home occupations3 Permitted with consentArtisan food and drink industries; Boarding houses; Business premises; Centre-based child care facilities; Community facilities; Dwelling houses; Electricity generating works; Environmental facilities; Garden centres; Home-based child care; Home businesses; Home industries; Information and education facilities; Kiosks; Landscaping material supplies; Medical centres; Neighbourhood shops; Neighbourhood supermarkets; Office premises; Oyster aquaculture; Places of public worship; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Respite day care centres; Restaurants or cafes; Roads; Secondary dwellings; Seniors housing; Shop top housing; Signage; Take away food and drink premises; Tank-based aquaculture; Veterinary hospitals; Water supply systems4 ProhibitedPond-based aquaculture; Any other development not specified in item 2 or 3
Zone B2 Local Centre
1 Objectives of zone• To provide a range of retail, business, entertainment and community uses that serve the needs of people who live in, work in and visit the local area.• To encourage employment opportunities in accessible locations.• To maximise public transport patronage and encourage walking and cycling.• To ensure that retail, business and community uses in North Orange and South Orange will not detract from the role of the CBD as the primary business centre within the City.2 Permitted without consentEnvironmental protection works; Home-based child care; Home occupations3 Permitted with consentArtisan food and drink industries; Boarding houses; Centre-based child care facilities; Commercial premises; Community facilities; Educational establishments; Entertainment facilities; Function centres; Home industries; Information and education facilities; Medical centres; Oyster aquaculture; Passenger transport facilities; Recreation facilities (indoor); Registered clubs; Respite day care centres; Restricted premises; Roads; Service stations; Shop top housing; Tank-based aquaculture; Tourist and visitor accommodation; Any other development not specified in item 2 or 44 ProhibitedAgriculture; Air transport facilities; Airstrips; Animal boarding or training establishments; Boat building and repair facilities; Boat launching ramps; Boat sheds; Camping grounds; Car parks; Caravan parks; Cemeteries; Charter and tourism boating facilities; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Forestry; Freight transport facilities; 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; Pond-based aquaculture Public administration buildings; Recreation facilities (major); Recreation facilities (outdoor); Research stations; Residential accommodation; Resource recovery facilities; Rural industries; Sex services premises; Storage premises; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Warehouse or distribution centres; Waste disposal facilities; Water recreation structures; 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 development that contributes to the role of the Orange CBD as the primary retail and business centre in the City and region.2 Permitted without consentEnvironmental protection works; Home-based child care; Home occupations3 Permitted with consentArtisan food and drink industries; Boarding houses; Centre-based child care facilities; Commercial premises; Community facilities; Dwelling houses; Educational establishments; Entertainment facilities; Function centres; Group homes; 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; Roads; Secondary dwellings; Shop top housing; Tank-based aquaculture; Tourist and visitor accommodation; Any other development not specified in item 2 or 44 ProhibitedAgriculture; Air transport facilities; Airstrips; Animal boarding or training establishments; Biosolids treatment facilities; Boat building and repair facilities; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Charter and tourism boating facilities; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm stay accommodation; Forestry; Freight transport facilities; Heavy industrial storage establishments; Helipads; Highway service centres; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Jetties; Marinas; Mooring pens; Moorings; Mortuaries; Open cut mining; Pond-based aquaculture Recreation facilities (major); Research stations; Residential accommodation; Resource recovery facilities; Rural industries; Sewage treatment plants; Sex services premises; Storage premises; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Vehicle sales or hire premises; Veterinary hospitals; Warehouse or distribution centres; Waste disposal facilities; Water recreation structures; Water recycling facilities; Water supply systems; 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 promote, where possible, the retention and reuse of heritage items as well as the retention of established buildings that contribute positively to the heritage or cultural values of the land in the zone.• To promote development that supports the role of Orange CBD as the primary retail and business centre in the region.2 Permitted without consentEnvironmental protection works; Home-based child care; Home occupations3 Permitted with consentArtisan food and drink industries; 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; Residential accommodation; Respite day care centres; Restricted premises; Roads; Seniors housing; Shop top housing; Tank-based aquaculture; Any other development not specified in item 2 or 44 ProhibitedAgriculture; 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; Charter and tourism boating facilities; Correctional centres; Crematoria; Eco-tourist facilities; Exhibition homes; Exhibition villages; Extractive industries; Forestry; Freight transport facilities; Heavy industrial storage establishments; Helipads; Highway service centres; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Jetties; Marinas; Mooring pens; Moorings; Open cut mining; Pond-based aquaculture Recreation facilities (major); Research stations; Resource recovery facilities; Rural industries; Rural workers’ dwellings; Sex services premises; Storage premises; Transport depots; Truck depots; Warehouse or distribution centres; Waste disposal facilities; 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.2 Permitted without consentEnvironmental protection works; Home-based child care; Home occupations3 Permitted with consentCentre-based child care facilities; Funeral homes; Garden centres; Hardware and building supplies; Home industries; Hotel or motel accommodation; Kiosks; Landscaping material supplies; Neighbourhood shops; Oyster aquaculture; Passenger transport facilities; Respite day care centres; Roads; Rural supplies; Self-storage units; Shop top housing; Signage; 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 44 ProhibitedAgriculture; Air transport facilities; Airstrips; Animal boarding or training establishments; Boat building and repair facilities; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Charter and tourism boating facilities; Commercial premises; Correctional centres; Crematoria; Eco-tourist facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Heavy industrial storage establishments; Helipads; Highway service centres; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Jetties; Marinas; Mooring pens; Moorings; Mortuaries; Open cut mining; Pond-based aquaculture Recreation facilities (major); Research stations; Residential accommodation; Resource recovery facilities; Rural industries; Sex services premises; Storage premises; Tourist and visitor accommodation; Transport depots; Truck depots; Vehicle body repair workshops; Veterinary hospitals; Waste disposal facilities; Water recreation structures
Zone B6 Enterprise Corridor
1 Objectives of zone• To promote businesses along main roads and to encourage a mix of compatible uses.• To provide a range of employment uses (including business, office, retail and light industrial uses).• To maintain the economic strength of centres by limiting retailing activity.• To provide for residential uses, but only as part of a mixed use development.2 Permitted without consentEnvironmental protection works; Home-based child care; Home occupations3 Permitted with consentBusiness premises; Community facilities; Garden centres; Hardware and building supplies; Hotel or motel accommodation; Kiosks; Landscaping material supplies; Light industries; Multi dwelling housing; Neighbourhood shops; Oyster aquaculture; Passenger transport facilities; Plant nurseries; Restaurants or cafes; Roads; Rural supplies; Self-storage units; Shop top housing; Take away food and drink premises; Tank-based aquaculture; Timber yards; Tourist and visitor accommodation; Vehicle sales or hire premises; Warehouse or distribution centres; Any other development not specified in item 2 or 44 ProhibitedAgriculture; Air transport facilities; Airstrips; Amusement centres; Animal boarding or training establishments; Boat building and repair facilities; Boat launching ramps; Boat sheds; Camping grounds; Car parks; Caravan parks; Cemeteries; Centre-based child care facilities; Charter and tourism boating facilities; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Entertainment facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Forestry; Heavy industrial storage establishments; Helipads; Highway service centres; Home occupations (sex services); Industrial training facilities; Industries; Jetties; Marinas; Mooring pens; Moorings; Open cut mining; Pond-based aquaculture Registered clubs; Research stations; Residential accommodation; Resource recovery facilities; Respite day care centres; Retail premises; Rural industries; Rural workers’ dwellings; Sex services premises; Storage premises; Truck depots; Vehicle body repair workshops; Waste disposal facilities; Water recreation structures
Zone B7 Business Park
1 Objectives of zone• To provide a range of office and light industrial uses.• To encourage employment opportunities.• To enable other land uses that provide facilities or services to meet the day to day needs of workers in the area.• To encourage a mix of light industrial activities and research activities that encourage the sharing of facilities.• To ensure development is ordered in such a way as to maximise public transport patronage, and encourage walking and cycling, in close proximity to settlement.2 Permitted without consentEnvironmental protection works3 Permitted with consentCentre-based child care facilities; Garden centres; Hardware and building supplies; Light industries; Neighbourhood shops; Office premises; Oyster aquaculture; Passenger transport facilities; Respite day care centres; Roads; Take away food and drink premises; Tank-based aquaculture; Warehouse or distribution centres; Any other development not specified in item 2 or 44 ProhibitedAgriculture; Air transport facilities; Airstrips; Amusement centres; Animal boarding or training establishments; Biosolids treatment facilities; Boat building and repair facilities; Boat launching ramps; Boat sheds; Camping grounds; Car parks; Caravan parks; Cemeteries; Charter and tourism boating facilities; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Entertainment facilities; Exhibition homes; Exhibition villages; Extractive industries; Forestry; Freight transport facilities; Function centres; Heavy industrial storage establishments; Helipads; Highway service centres; Home-based child care; Home business; Home occupations; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Jetties; Marinas; Mooring pens; Moorings; Mortuaries; Open cut mining; Passenger transport facilities; Places of public worship; Pond-based aquaculture Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Residential accommodation; Retail premises; Rural industries; Service stations; Sewage treatment plants; Sex services premises; Storage premises; Tourist and visitor accommodation; Transport depots; Vehicle body repair workshops; Veterinary hospitals; Waste or resource management facilities; Water recreation structures; Water recycling facilities; Wholesale supplies
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 ensure development along the Southern Link Road has an alternative access.2 Permitted without consentEnvironmental protection works3 Permitted with consentDepots; Freight transport facilities; Garden centres; General industries; Hardware and building supplies; Industrial training facilities; Kiosks; Landscaping material supplies; Light industries; Neighbourhood shops; Oyster aquaculture; Places of public worship; Roads; Tank-based aquaculture; Timber yards; Vehicle sales or hire premises; Warehouse or distribution centres; Any other development not specified in item 2 or 44 ProhibitedAgriculture; Air transport facilities; Airstrips; Amusement centres; Animal boarding or training establishments; Boat launching ramps; Boat sheds; Camping grounds; Car parks; Caravan parks; Cemeteries; Centre-based child care facilities; Charter and tourism boating facilities; Commercial premises; Community facilities; Correctional centres; Eco-tourist facilities; Educational establishments; Entertainment facilities; Exhibition homes; Exhibition villages; Forestry; Function centres; Health services facilities; Highway service centres; Home-based child care; Home businesses; Home occupations; Home occupations (sex services); Information and education facilities; Jetties; Marinas; Mooring pens; Moorings; Open cut mining; Pond-based aquaculture Public administration buildings; Registered clubs; Residential accommodation; Respite day care centres; Tourist and visitor accommodation; 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 consentEnvironmental protection works3 Permitted with consentDepots; Funeral homes; Garden centres; Hardware and building supplies; Industrial training facilities; Kiosks; Landscaping material supplies; Light industries; Neighbourhood shops; Oyster aquaculture; Places of public worship; Roads; 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 44 ProhibitedAgriculture; Air transport facilities; Airstrips; Amusement centres; Biosolids treatment facilities; Boat launching ramps; Boat sheds; Camping grounds; Car parks; Caravan parks; Cemeteries; Centre-based child care facilities; Charter and tourism boating facilities; Commercial premises; Community facilities; Correctional centres; Eco-tourist facilities; Educational establishments; Entertainment facilities; Exhibition homes; Exhibition villages; Extractive industries; Forestry; Function centres; Health services facilities; Heavy industrial storage establishments; Highway service centres; Home-based child care; Home businesses; Home occupations; Home occupations (sex services); Industries; Jetties; Marinas; Mooring pens; Moorings; Open cut mining; Pond-based aquaculture Public administration buildings; Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Residential accommodation; Respite day care centres; Rural industries; Sewage treatment plants; Sex services premises; Tourist and visitor accommodation; Water recreation structures; Water recycling facilities; Water supply systems
Zone SP2 Infrastructure
1 Objectives of zone• To provide for infrastructure and related uses.• To prevent development that is not compatible with or that may detract from the provision of infrastructure.2 Permitted without consentEnvironmental protection works3 Permitted with consentAquaculture; Roads; The purpose shown on the Land Zoning Map, including any development that is ordinarily incidental or ancillary to development for that purpose4 ProhibitedAny development not specified in item 2 or 3
Zone SP3 Tourist
1 Objectives of zone• To provide for a variety of tourist-oriented development and related uses.• To cater for the needs of the travelling public.2 Permitted without consentEnvironmental protection works3 Permitted with consentAquaculture; Community facilities; Environmental facilities; Food and drink premises; Function centres; Highway service centres; Information and education facilities; Neighbourhood shops; Passenger transport facilities; Recreation areas; Recreation facilities (indoor); Roads; Signage; Tourist and visitor accommodation4 ProhibitedAny 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.• To ensure development is ordered in such a way as to maximise public transport patronage and encourage walking and cycling in close proximity to settlement.• To ensure development along the Southern Link Road has alternative access.2 Permitted without consentEnvironmental protection works3 Permitted with consentAquaculture; Boat launching ramps; Building identification signs; Business identification signs; Community facilities; Eco-tourist facilities; Environmental facilities; Heliports; Information and education facilities; Jetties; Kiosks; Markets; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Roads; Water recreation structures4 ProhibitedAny 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.• To ensure development is ordered in such a way as to maximise public transport patronage and encourage walking and cycling in close proximity to settlement.• To ensure development along the Southern Link Road has alternative access.2 Permitted without consentEnvironmental protection works3 Permitted with consentAquaculture; Boat launching ramps; Building identification signs; Business identification signs; Camping grounds; Caravan parks; Community facilities; Eco-tourist facilities; Entertainment facilities; Environmental facilities; Helipads; Information and education facilities; Jetties; Kiosks; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Roads; Water recreation structures4 ProhibitedAny 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 consentUses authorised under the National Parks and Wildlife Act 19743 Permitted with consentNil4 ProhibitedAny development not specified in item 2 or 3
Zone E2 Environmental Conservation
1 Objectives of zone• To protect, manage and restore areas of high ecological, scientific, cultural or aesthetic values.• To prevent development that could destroy, damage or otherwise have an adverse effect on those values.• To ensure development along the Southern Link Road has alternative access.2 Permitted without consentEnvironmental protection works3 Permitted with consentElectricity generating works; Environmental facilities; Extensive agriculture; Information and education facilities; Oyster aquaculture Recreation areas; Roads4 ProhibitedBusiness premises; Hotel or motel accommodation; Industries; Multi dwelling housing; Pond-based aquaculture; Recreation facilities (major); Residential flat buildings; Restricted premises; Retail premises; Seniors housing; Service stations; Tank-based aquaculture; Warehouse or distribution centres; Any other development not specified in item 2 or 3
Zone E3 Environmental Management
1 Objectives of zone• To protect, manage and restore areas with special ecological, scientific, cultural or aesthetic values.• To provide for a limited range of development that does not have an adverse effect on those values.• To manage development within water supply catchment lands to conserve and enhance the city and district’s water resources.• To maintain the rural function and primary production values of the area.• To ensure development along the Southern Link Road has alternative access.2 Permitted without consentEnvironmental protection works; Extensive agriculture; Home occupations3 Permitted with consentAir transport facilities; Animal boarding or training establishments; Bed and breakfast accommodation; Boat sheds; Cellar door premises; Dual occupancies (attached); Dwelling houses; Eco-tourist facilities; Electricity generating works; Environmental facilities; Extractive industries; Farm buildings; Farm stay accommodation; Forestry; Helipads; Home businesses; Home industries; Information and education facilities; Intensive plant agriculture; Kiosks; Oyster aquaculture; Pond-based aquaculture; Recreation areas; Recreation facilities (outdoor); Research stations; Roads; Roadside stalls; Rural industries; Sewerage systems; Tank-based aquaculture; Water supply systems4 ProhibitedIndustries; Multi dwelling housing; Residential flat buildings; Retail premises; Seniors housing; Service stations; Warehouse or distribution centres; Any other development not specified in item 2 or 3
Zone E4 Environmental Living
1 Objectives of zone• To provide for low-impact residential development in areas with special ecological, scientific or aesthetic values.• To ensure that residential development does not have an adverse effect on those values.• To provide for housing and complementary uses in an area with a predominantly natural setting.2 Permitted without consentEnvironmental protection works; Home-based child care; Home occupations3 Permitted with consentAnimal boarding or training establishments; Bed and breakfast accommodation; Community facilities; Dwelling houses; Eco-tourist facilities; Electricity generating works; Environmental facilities; Home businesses; Home industries; Information and education facilities; Oyster aquaculture; Pond-based aquaculture; Recreation areas; Recreation facilities (outdoor); Roads; Sewerage systems; Tank-based aquaculture; Veterinary hospitals; Water supply systems4 ProhibitedIndustries; 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.Note—See State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017 and Part 5A of the Local Land Services Act 2013.(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, andis complying development.(b) the requirements of this Part,Note—See also clause 5.8 (3) which provides that the conversion of fire alarms is complying development in certain circumstances.(3) To be complying development, the development must—(a) be permissible, with development consent, in the zone in which it is carried out, and(b) meet the relevant deemed-to-satisfy provisions of the Building Code of Australia, and(c) have an approval, if required by the Local Government Act 1993, from the Council for an on-site effluent disposal system if the development is undertaken on unsewered land.(4) A complying development certificate for development specified in Part 1 of Schedule 3 is subject to the conditions (if any) set out or referred to in Part 2 of that Schedule.(5) A heading to an item in Schedule 3 is part of that Schedule.
3.3 Environmentally sensitive areas excluded
(1) Exempt or complying development must not be carried out on any environmentally sensitive area for exempt or complying development.(2) For the purposes of this clause—environmentally sensitive area for exempt or complying development means any of the following—(a) the coastal waters of the State,(b) a coastal lake,(c) land 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 new subdivisions reflect existing lot sizes and patterns in the surrounding locality,(b) to ensure that lot sizes have a practical and efficient layout to meet intended use,(c) to ensure that lot sizes do not undermine the land’s capability to support rural development,(d) to prevent the fragmentation of rural lands,(e) to provide for a range of lot sizes reflecting the ability of services available to the area,(f) to encourage subdivision designs that promote a high level of pedestrian and cyclist connectivity and accommodate public transport vehicles.(2) This clause applies to a subdivision of any land shown on the Lot Size Map that requires development consent and that is carried out after the commencement of this Plan.(3) The size of any lot resulting from a subdivision of land to which this clause applies is not to be less than the minimum size shown on the Lot Size Map in relation to that land.(4) This clause does not apply in relation to the subdivision of any land—(a) by the registration of a strata plan or strata plan of subdivision under the Strata Schemes Development Act 2015, or(b) by any kind of subdivision under the Community Land Development Act 1989.
4.1AA Minimum subdivision lot size for community title schemes
(1) The objectives of this clause are as follows—(a) to ensure that the land to which this clause applies is not fragmented into lots that would create additional dwelling opportunities.(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) RU1 Primary Production,(b) E2 Environmental Conservation,(c) E3 Environmental Management,but does not apply to a subdivision by the registration of a strata plan.(d) E4 Environmental Living,(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 Strata subdivisions in certain rural zones
(1) The objective of this clause is to ensure that land to which this clause applies is not fragmented by subdivisions that would create additional dwelling entitlements.(2) This clause applies to land in the following zones that is being subdivided (being a subdivision that requires development consent) under the Strata Schemes (Freehold Development) Act 1973 for use as residential accommodation or tourist and visitor accommodation—(a) Zone RU1 Primary Production,(b) Zone E3 Environmental Management.(3) The size of any lot resulting from a subdivision to which this clause applies (other than common property within the meaning of the Strata Schemes (Freehold Development) Act 1973) is not to be less than the minimum size shown on the Lot Size Map in relation to that land.
4.1B Minimum lot sizes for dual occupancy, multi dwelling housing and residential flat buildings
(1) The objective of this clause is to achieve planned residential density in certain zones.(2) Development consent may be granted to development on a lot in a zone shown in Column 2 of the Table to this clause for a purpose shown in Column 1 of the Table opposite that zone, if the area of the lot is equal to or greater than the area specified for that purpose and shown in Column 3 of the Table.(3) This clause does not apply to land in the Shiralee Urban Release Area.(4) In this clause, Shiralee Urban Release Area means the land in South Orange identified as “Area 1” on the Lot Size Map.
4.1C Exceptions to minimum lot sizes for certain residential development
(1) This clause applies to land in Ploughmans Valley that is both—(a) within Zone R2 Low Density Residential, and(b) identified on the Lot Size Map as having a minimum lot size of 850 square metres.(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) a dual occupancy is lawfully erected on the land, and(b) the area of each resulting lot will not be less than—(i) 650 square metres for a dual occupancy (attached), or(ii) 600 square metres for a dual occupancy (detached) or multi dwelling housing, 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 consent to development of land to which this clause applies that involves both of the following—(a) the subdivision of land into 2 or more lots,(b) the erection of a dual occupancy (attached) or dual occupancy (detached) with a single dwelling on each lot resulting from the subdivision, if the size of each lot is equal to or greater than—(i) 650 square metres for a dual occupancy (attached), or(ii) 600 square metres for a dual occupancy (detached).cl 4.1C: Ins 2014 (119), Sch 1 [2].
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.Note—When this Plan was made it did not include Zone RU2 Rural Landscape, Zone RU4 Primary Production Small Lots or Zone RU6 Transition.(3) Land in a zone to which this clause applies may, with development consent, be subdivided for the purpose of primary production to create a lot of a size that is less than the minimum size shown on the Lot Size Map in relation to that land.(4) However, such a lot cannot be created if an existing dwelling would, as the result of the subdivision, be situated on the lot.(5) A dwelling cannot be erected on such a lot.Note—A dwelling includes a rural worker’s dwelling (see definition of that term in the Dictionary).
4.2A Erection of dwelling houses on land in certain rural and environmental protection zones
(1) The objectives of this clause are as follows—(a) to minimise unplanned rural residential development,(b) to enable the replacement of lawfully erected dwelling houses in rural and environmental protection zones.(2) This clause applies to land in the following zones—(a) Zone RU1 Primary Production,(b) Zone E2 Environmental Conservation,(c) Zone E3 Environmental Management,(d) Zone E4 Environmental Living.(3) Development consent must not be granted for the erection of a dwelling house on land in a zone to which this clause applies, and on which no dwelling house has been erected, unless the land is—(a) a lot that is at least the minimum lot size specified for that land by the Lot Size Map, or(b) a lot created before this Plan commenced and on which the erection of a dwelling house was permissible immediately before that commencement, or(c) a lot resulting from a subdivision for which development consent (or equivalent) was granted before this Plan commenced and on which the erection of a dwelling house would have been permissible if the plan of subdivision had been registered before that commencement, or(d) an existing holding.Note—A dwelling cannot be erected on a lot created under clause 9 of State Environmental Planning Policy (Rural Lands) 2008 or clause 4.2.(4) Land ceases to be an existing holding for the purposes of subclause (3) (d) if an application for development consent referred to in that subclause is not made in relation to that land before 31 December 2012.(5) Despite subclause (3), development consent may be granted for the erection of a dwelling house on land to which this clause applies if—(a) there is a lawfully erected dwelling house on the land and the dwelling house to be erected is intended only to replace the existing dwelling house, or(b) the land would have been a lot or a holding referred to in subclause (3) had it not been affected by—(i) a minor realignment of its boundaries that did not create an additional lot, or(ii) a subdivision creating or widening a public road or public reserve or for another public purpose.(5A) Despite subclause (3), development consent must not be granted for the erection of a dwelling house on land to which this clause applies that is being, or that is intended to be, used for the purpose of intensive plant agriculture unless the consent authority is satisfied that—(a) the land is located wholly within Zone RU1 Primary Production or Zone E3 Environmental Management or a combination of those zones, and(b) the lot has an area of not less than 25 hectares, and(c) the land is being or will be used for the purpose of intensive plant agriculture, and(d) the quality and area of the land is suitable for the commercial production of the proposed or existing intensive plant agriculture of the kind proposed, and(e) the dwelling house is required to support the carrying out of the proposed or existing intensive plant agriculture, and(f) the land—(i) has an average annual rainfall, recorded over a minimum 5-year period, sufficient for the proposed use, or(ii) is subject, or will be subject, to irrigation requiring a licence under the Water Act 1912 or the Water Management Act 2000 and the volume and entitlement of water available under that licence is or will be adequate for the purpose of intensive plant agriculture, and(g) services for the supply of electricity and other infrastructure to support the intensive plant agriculture are available or adequate arrangements have been made to make them available when required, and(h) the sustainable intensive plant agriculture activity will have commenced or been established before the subdivision is registered.Note—State Environmental Planning Policy (Rural Lands) 2008 and the fact sheet entitled Assessing Intensive Plant Agriculture Developments (published by the NSW Government in December 2011) set out other relevant issues for the consideration of consent authorities when assessing development applications for intensive plant agriculture.(6) In this clause—existing holding means land that—(a) was a holding on 24 January 1964, andwhether or not there has been a change in the ownership of the holding since 24 January 1964, and includes any other land adjoining that land acquired by the owner since 24 January 1964.(b) is a holding at the time the application for development consent referred to in subclause (3) is lodged,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.cl 4.2A: Am 2014 (119), Sch 1 [3].
4.2B Rural subdivision for intensive plant agriculture
(1) The objectives of this clause are as follows—(a) to enable flexibility in the application of lot size standards for subdivision for the purpose of intensive plant agriculture, which is intended to include an associated dwelling,(b) to apply controls on subdivision to avoid land being used for non-sustainable intensive plant agriculture.(2) This clause applies to land in the following—(a) Zone RU1 Primary Production,(b) Zone E3 Environmental Management.(3) Land to which this clause applies may, with development consent, be subdivided for the purpose of intensive plant agriculture 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, development consent must not be granted for the creation of such a lot if an existing or new dwelling house would, as a result of the subdivision, be situated on the lot unless the consent authority is satisfied that—(a) the lot has an area of not less than 25 hectares, and(b) the land is being or will be used for the purpose of intensive plant agriculture, and(c) the quality and area of the land is suitable for the commercial production of the proposed or existing intensive plant agriculture of the kind proposed, and(d) the dwelling house is required to support the carrying out of the proposed or existing intensive plant agriculture, and(e) the land—(i) has an average annual rainfall, recorded over a minimum 5-year period, sufficient for the proposed use, or(ii) is subject, or will be subject, to irrigation requiring a licence under the Water Act 1912 or the Water Management Act 2000 and the volume and entitlement of water available under that licence is or will be adequate for the purpose of intensive plant agriculture, and(f) services for the supply of electricity and other infrastructure to support the intensive plant agriculture are available or adequate arrangements have been made to make them available when required, and(g) the sustainable intensive plant agriculture activity will have commenced or been established before the subdivision is registered.Note—State Environmental Planning Policy (Rural Lands) 2008 and the fact sheet entitled Assessing Intensive Plant Agriculture Developments (published by the NSW Government in December 2011) set out other relevant issues for the consideration of consent authorities when assessing development applications for intensive plant agriculture.cl 4.2B: Ins 2014 (119), Sch 1 [4].
4.3 Height of buildings
(1) The objectives of this clause are as follows—(a) to provide for taller buildings in the City centre and to enable a transition in building height in response to varying urban character and function,(b) to protect the amenity of neighbouring properties and public places, with particular regard to visual bulk, scale, overshadowing, privacy and views.(2) The height of a building on any land is not to exceed the maximum height shown for the land on the Height of Buildings Map.
4.4 Floor space ratio
(1) The objectives of this clause are as follows—(a) to ensure the scale and bulk of development does not have an unacceptable or adverse impact on streetscape and the character of the area in which the development is located.(2) The maximum floor space ratio for a building on any land is not to exceed the floor space ratio shown for the land on the Floor Space Ratio Map.
4.5 Calculation of floor space ratio and site area
(1) Objectives The objectives of this clause are as follows—(a) to define floor space ratio,(b) to set out rules for the calculation of the site area of development for the purpose of applying permitted floor space ratios, including rules to—(i) prevent the inclusion in the site area of an area that has no significant development being carried out on it, and(ii) prevent the inclusion in the site area of an area that has already been included as part of a site area to maximise floor space area in another building, and(iii) require community land and public places to be dealt with separately.(2) Definition of “floor space ratio” The floor space ratio of buildings on a site is the ratio of the gross floor area of all buildings within the site to the site area.(3) Site area In determining the site area of proposed development for the purpose of applying a floor space ratio, the site area is taken to be—(a) if the proposed development is to be carried out on only one lot, the area of that lot, or(b) if the proposed development is to be carried out on 2 or more lots, the area of any lot on which the development is proposed to be carried out that has at least one common boundary with another lot on which the development is being carried out.In addition, subclauses (4)–(7) apply to the calculation of site area for the purposes of applying a floor space ratio to proposed development.(4) Exclusions from site area The following land must be excluded from the site area—(a) land on which the proposed development is prohibited, whether under this Plan or any other law,(b) community land or a public place (except as provided by subclause (7)).(5) Strata subdivisions The area of a lot that is wholly or partly on top of another or others in a strata subdivision is to be included in the calculation of the site area only to the extent that it does not overlap with another lot already included in the site area calculation.(6) Only significant development to be included The site area for proposed development must not include a lot additional to a lot or lots on which the development is being carried out unless the proposed development includes significant development on that additional lot.(7) Certain public land to be separately considered For the purpose of applying a floor space ratio to any proposed development on, above or below community land or a public place, the site area must only include an area that is on, above or below that community land or public place, and is occupied or physically affected by the proposed development, and may not include any other area on which the proposed development is to be carried out.(8) Existing buildings The gross floor area of any existing or proposed buildings within the vertical projection (above or below ground) of the boundaries of a site is to be included in the calculation of the total floor space for the purposes of applying a floor space ratio, whether or not the proposed development relates to all of the buildings.(9) Covenants to prevent “double dipping” When development consent is granted to development on a site comprised of 2 or more lots, a condition of the consent may require a covenant to be registered that prevents the creation of floor area on a lot (the restricted lot) if the consent authority is satisfied that an equivalent quantity of floor area will be created on another lot only because the site included the restricted lot.(10) Covenants affect consolidated sites If—(a) a covenant of the kind referred to in subclause (9) applies to any land (affected land), andthe maximum amount of floor area allowed on the other land by the floor space ratio fixed for the site by this Plan is reduced by the quantity of floor space area the covenant prevents being created on the affected land.(b) proposed development relates to the affected land and other land that together comprise the site of the proposed development,(11) Definition In this clause, public place has the same meaning as it has in the Local Government Act 1993.
4.6 Exceptions to development standards
(1) The objectives of this clause are as follows—(a) to provide an appropriate degree of flexibility in applying certain development standards to particular development,(b) to achieve better outcomes for and from development by allowing flexibility in particular circumstances.(2) Development consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this clause does not apply to a development standard that is expressly excluded from the operation of this clause.(3) Development consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating—(a) that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and(b) that there are sufficient environmental planning grounds to justify contravening the development standard.(4) Development consent must not be granted for development that contravenes a development standard unless—(a) the consent authority is satisfied that—(i) the applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3), and(ii) the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out, and(b) the concurrence of the 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, Zone RU3 Forestry, Zone RU4 Primary Production Small Lots or Zone RU6 Transition.(7) After determining a development application made pursuant to this clause, the consent authority must keep a record of its assessment of the factors required to be addressed in the applicant’s written request referred to in subclause (3).(8) This clause does not allow development consent to be granted for development that would contravene any of the following—(a) a development standard for complying development,(b) a development standard that arises, under the regulations under the Act, in connection with a commitment set out in a BASIX certificate for a building to which State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 applies or for the land on which such a building is situated,(c) clause 5.4,(ca) clause 6.1 or 6.2.
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).
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
[Not adopted]
5.4 Controls relating to miscellaneous permissible uses
(1) Bed and breakfast accommodation If development for the purposes of bed and breakfast accommodation is permitted under this Plan, the accommodation that is provided to guests must consist of no more than 5 bedrooms.Note—Any such development that provides for a certain number of guests or rooms may involve a change in the class of building under the Building Code of Australia.(2) Home businesses If development for the purposes of a home business is permitted under this Plan, the carrying on of the business must not involve the use of more than 30 square metres of floor area.(3) Home industries If development for the purposes of a home industry is permitted under this Plan, the carrying on of the home industry must not involve the use of more than 50 square metres of floor area.(4) Industrial retail outlets If development for the purposes of an industrial retail outlet is permitted under this Plan, the retail floor area must not exceed—(a) 20% of the gross floor area of the industry or rural industry located on the same land as the retail outlet, orwhichever is the lesser.(b) 400 square metres,(5) Farm stay accommodation If development for the purposes of farm stay accommodation is permitted under this Plan, the accommodation that is provided to guests must consist of no more than 5 bedrooms.(6) Kiosks If development for the purposes of a kiosk is permitted under this Plan, the gross floor area must not exceed 60 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 140 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 25 square metres.(9) Secondary dwellings on land other than land in a rural zone If development for the purposes of a secondary dwelling is permitted under this Plan on land other than land in a rural zone, 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) 20% of the gross floor area of the industry, orwhichever is the lesser.(b) 400 square metres,cl 5.4: Am 2018 (406), Sch 1.104 [1] [2].
5.5 Controls relating to secondary dwellings on land in a rural zone
[Not adopted]
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 Orange,(b) to conserve the heritage significance of heritage items and heritage conservation areas, including associated fabric, settings and views,(c) to conserve archaeological sites,(d) to conserve Aboriginal objects and Aboriginal places of heritage significance.(2) Requirement for consent Development consent is required for any of the following—(a) demolishing or moving any of the following or altering the exterior of any of the following (including, in the case of a building, making changes to its detail, fabric, finish or appearance)—(i) a heritage item,(ii) an Aboriginal object,(iii) a building, work, relic or tree within a heritage conservation area,(b) altering a heritage item that is a building by making structural changes to its interior or by making changes to anything inside the item that is specified in Schedule 5 in relation to the item,(c) disturbing or excavating an archaeological site while knowing, or having reasonable cause to suspect, that the disturbance or excavation will or is likely to result in a relic being discovered, exposed, moved, damaged or destroyed,(d) disturbing or excavating an Aboriginal place of heritage significance,(e) erecting a building on land—(i) on which a heritage item is located or that is within a heritage conservation area, or(ii) on which an Aboriginal object is located or that is within an Aboriginal place of heritage significance,(f) subdividing land—(i) on which a heritage item is located or that is within a heritage conservation area, or(ii) on which an Aboriginal object is located or that is within an Aboriginal place of heritage significance.(3) When consent not required However, development consent under this clause is not required if—(a) the applicant has notified the consent authority of the proposed development and the consent authority has advised the applicant in writing before any work is carried out that it is satisfied that the proposed development—(i) is of a minor nature or is for the maintenance of the heritage item, Aboriginal object, Aboriginal place of heritage significance or archaeological site or a building, work, relic, tree or place within the heritage conservation area, and(ii) would not adversely affect the heritage significance of the heritage item, Aboriginal object, Aboriginal place, archaeological site or heritage conservation area, or(b) the development is in a cemetery or burial ground and the proposed development—(i) is the creation of a new grave or monument, or excavation or disturbance of land for the purpose of conserving or repairing monuments or grave markers, and(ii) would not cause disturbance to human remains, relics, Aboriginal objects in the form of grave goods, or to an Aboriginal place of heritage significance, or(c) the development is limited to the removal of a tree or other vegetation that the Council is satisfied is a risk to human life or property, or(d) the development is exempt development.(4) Effect of proposed development on heritage significance The consent authority must, before granting consent under this clause in respect of a heritage item or heritage conservation area, consider the effect of the proposed development on the heritage significance of the item or area concerned. This subclause applies regardless of whether a heritage management document is prepared under subclause (5) or a heritage conservation management plan is submitted under subclause (6).(5) Heritage assessment The consent authority may, before granting consent to any development—(a) on land on which a heritage item is located, or(b) on land that is within a heritage conservation area, orrequire a heritage management document to be prepared that assesses the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item or heritage conservation area concerned.(c) on land that is within the vicinity of land referred to in paragraph (a) or (b),(6) Heritage conservation management plans The consent authority may require, after considering the heritage significance of a heritage item and the extent of change proposed to it, the submission of a heritage conservation management plan before granting consent under this clause.(7) Archaeological sites The consent authority must, before granting consent under this clause to the carrying out of development on an archaeological site (other than land listed on the State Heritage Register or to which an interim heritage order under the Heritage Act 1977 applies)—(a) notify the Heritage Council of its intention to grant consent, and(b) take into consideration any response received from the Heritage Council within 28 days after the notice is sent.(8) Aboriginal places of heritage significance The consent authority must, before granting consent under this clause to the carrying out of development in an Aboriginal place of heritage significance—(a) consider the effect of the proposed development on the heritage significance of the place and any Aboriginal object known or reasonably likely to be located at the place by means of an adequate investigation and assessment (which may involve consideration of a heritage impact statement), and(b) notify the local Aboriginal communities, in writing or in such other manner as may be appropriate, about the application and take into consideration any response received within 28 days after the notice is sent.(9) Demolition of nominated State heritage items The consent authority must, before granting consent under this clause for the demolition of a nominated State heritage item—(a) notify the Heritage Council about the application, and(b) take into consideration any response received from the Heritage Council within 28 days after the notice is sent.(10) Conservation incentives The consent authority may grant consent to development for any purpose of a building that is a heritage item or of the land on which such a building is erected, or for any purpose on an Aboriginal place of heritage significance, even though development for that purpose would otherwise not be allowed by this Plan, if the consent authority is satisfied that—(a) the conservation of the heritage item or Aboriginal place of heritage significance is facilitated by the granting of consent, and(b) the proposed development is in accordance with a heritage management document that has been approved by the consent authority, and(c) the consent to the proposed development would require that all necessary conservation work identified in the heritage management document is carried out, and(d) the proposed development would not adversely affect the heritage significance of the heritage item, including its setting, or the heritage significance of the Aboriginal place of heritage significance, and(e) the proposed development would not have any significant adverse effect on the amenity of the surrounding area.
5.11 Bush fire hazard reduction
Bush fire hazard reduction work authorised by the Rural Fires Act 1997 may be carried out on any land without development consent.Note—The Rural Fires Act 1997 also makes provision relating to the carrying out of development on bush fire prone land.
5.12 Infrastructure development and use of existing buildings of the Crown
(1) This Plan does not restrict or prohibit, or enable the restriction or prohibition of, the carrying out of any development, by or on behalf of a public authority, that is permitted to be carried out with or without development consent, or that is exempt development, under State Environmental Planning Policy (Infrastructure) 2007.(2) This Plan does not restrict or prohibit, or enable the restriction or prohibition of, the use of existing buildings of the Crown by the Crown.
5.13 Eco-tourist facilities
(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.
5.20 Standards that cannot be used to refuse consent—playing and performing music
(1) The consent authority must not refuse consent to development in relation to licensed premises on the following grounds—(a) the playing or performance of music, including the following—(i) the genre of music played or performed, or(ii) whether the music played or performed is live or amplified, or(iii) whether the music played or performed is original music, or(iv) the number of musicians or live entertainment acts playing or performing, or(v) the type of instruments played,(b) whether dancing occurs,(c) the presence or use of a dance floor or another area ordinarily used for dancing,(d) the direction in which a stage for players or performers faces,(e) the decorations to be used, including, for example, mirror balls, or lighting used by players or performers.(2) The consent authority must not refuse consent to development in relation to licensed premises on the grounds of noise caused by the playing or performance of music, if the consent authority is satisfied the noise may be managed and minimised to an acceptable level.(3) In this clause—licensed premises has the same meaning as in the Liquor Act 2007.
Part 6 Urban release areas
6.1 Arrangements for designated State public infrastructure
(1) The objective of this clause is to require satisfactory arrangements to be made for the provision of designated State public infrastructure before the subdivision of land in an urban release area to satisfy needs that arise from development on the land, but only if the land is developed intensively for urban purposes.(2) Development consent must not be granted for the subdivision of land in an urban release area if the subdivision would create a lot smaller than the minimum lot size permitted on the land immediately before the land became, or became part of, an urban release area, unless the Director-General has certified in writing to the consent authority that satisfactory arrangements have been made to contribute to the provision of designated State public infrastructure in relation to that lot.(3) Subclause (2) does not apply to—(a) any lot identified in the certificate as a residue lot, or(b) any lot to be created by a subdivision of land that was the subject of a previous development consent granted in accordance with this clause, or(c) any lot that is proposed in the development application to be reserved or dedicated for public open space, public roads, public utility undertakings, educational facilities or any other public purpose, or(d) a subdivision for the purpose only of rectifying an encroachment on any existing lot.(4) This clause does not apply to land in an urban release area if all or any part of the land is in a special contributions area (as defined by section 7.1 of the Act).cl 6.1: Am 2019 (621), Sch 5[5].
6.2 Public utility infrastructure
(1) Development consent must not be granted for development on land in an urban release area unless the Council is satisfied that any public utility infrastructure that is essential for the proposed development is available or that adequate arrangements have been made to make that infrastructure available when it is required.(2) This clause does not apply to development for the purpose of providing, extending, augmenting, maintaining or repairing any public utility infrastructure.
6.3 Development control plan
(1) The objective of this clause is to ensure that development on land in an urban release area occurs in a logical and cost-effective manner, in accordance with a staging plan and only after a development control plan that includes specific controls has been prepared for the land.(2) Development consent must not be granted for development on land in an urban release area unless a development control plan that provides for the matters specified in subclause (3) has been prepared for the land.(3) The development control plan must provide for all of the following—(a) a staging plan for the timely and efficient release of urban land, making provision for necessary infrastructure and sequencing,(b) an overall transport movement hierarchy showing the major circulation routes and connections to achieve a simple and safe movement system for private vehicles, public transport, pedestrians and cyclists,(c) an overall landscaping strategy for the protection and enhancement of riparian areas and remnant vegetation, including visually prominent locations, and detailed landscaping requirements for both the public and private domain,(d) a network of passive and active recreational areas,(e) stormwater and water quality management controls,(f) amelioration of natural and environmental hazards, including bush fire, flooding and site contamination and, in relation to natural hazards, the safe occupation of, and the evacuation from, any land so affected,(g) detailed urban design controls for significant development sites,(h) measures to encourage higher density living around transport, open space and service nodes,(i) measures to accommodate and control appropriate neighbourhood commercial and retail uses,(j) suitably located public facilities and services, including provision for appropriate traffic management facilities and parking.(4) Subclause (2) does not apply to any of the following development—(a) a subdivision for the purpose of a realignment of boundaries that does not create additional lots,(b) a subdivision of land if any of the lots proposed to be created is to be reserved or dedicated for public open space, public roads or any other public or environmental protection purpose,(c) a subdivision of land in a zone in which the erection of structures is prohibited,(d) proposed development on land that is of a minor nature only, if the consent authority is of the opinion that the carrying out of the proposed development would be consistent with the objectives of the zone in which the land is situated.
6.4 Relationship between Part and remainder of Plan
A provision of this Part prevails over any other provision of this Plan to the extent of any inconsistency.
Part 7 Additional local provisions
7.1 Earthworks
(1) The objectives of this clause are as follows—(a) to ensure that earthworks for which development consent is required will not have a detrimental impact on environmental functions and processes, neighbouring uses, cultural or heritage items or features of the surrounding land,(b) to allow earthworks of a minor nature without requiring separate development consent.(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 measures proposed to minimise or mitigate the impacts referred to in paragraph (g).Note—The National Parks and Wildlife Act 1974, particularly section 86, deals with disturbing or excavating land and Aboriginal objects.
7.2 Flood planning
(1) The objectives of this clause are as follows—(a) to minimise the flood risk to life and property associated with the use of land,(b) to allow development on land that is compatible with the land’s flood hazard, taking into account projected changes as a result of climate change,(c) to avoid significant adverse impacts on flood behaviour and the environment.(2) This clause applies to—(a) land 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 level means the level of a 1:100 ARI (average recurrent interval) flood event plus 0.5 metre freeboard.
7.3 Stormwater management
(1) The objective of this clause is to minimise the impacts of urban stormwater on the land to which the development applies and on adjoining downstream properties, native bushland and receiving waters.(2) This clause applies to all land in residential, business and industrial zones.(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 designed to maximise the use of water permeable surfaces on the land having regard to the soil characteristics affecting on-site infiltration of water, and(b) includes, where practical, on-site stormwater retention for use as an alternative supply to mains water, groundwater or river water, and(c) avoids any significant impacts of stormwater runoff on adjoining downstream properties, native bushland and receiving waters, or if that impact cannot be reasonably avoided, minimises and mitigates the impact.
7.4 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 “High Biodiversity Sensitivity” or “Moderate Biodiversity Sensitivity” on the Terrestrial Biodiversity Map.(3) Before determining a development application for development on land to which this clause applies, the consent authority must consider whether or not the development—(a) is likely to have any adverse impact on the condition, ecological value and significance of the fauna and flora on the land, and(b) is likely to have any adverse impact on the importance of the vegetation on the land to the habitat and survival of native fauna, and(c) has any potential to fragment, disturb or diminish the biodiversity structure, function and composition of the land, and(d) is likely to have any adverse impact on the habitat elements providing connectivity on the land.(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.
7.5 Riparian land and watercourses
(1) The objective of this clause is to protect and maintain the following—(a) water quality within watercourses,(b) the stability of the bed and banks of watercourses,(c) aquatic riparian habitats,(d) ecological processes within watercourses and riparian areas.(2) This clause applies to land—(a) identified as “Sensitive Waterways” on the Watercourse Map, or(b) that is within 40 metres of the top of the bank of a “Sensitive Waterways” identified under paragraph (a).(3) Before determining a development application to carry out development on land to which this clause applies, the consent authority must consider whether or not the development—(a) is likely to have any adverse impact on the following—(i) the water quality and flows within a watercourse,(ii) aquatic and riparian species, habitats and ecosystems of the watercourse,(iii) the stability of the bed and banks of the watercourse,(iv) the free passage of fish and other aquatic organisms within or along the watercourse,(v) any future rehabilitation of the watercourse and its riparian areas, and(b) is likely to increase water extraction from the watercourse.(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.
7.6 Groundwater vulnerability
(1) The objectives of this clause are to maintain the hydrological functions of key groundwater systems and to protect vulnerable groundwater resources from depletion and contamination as a result of inappropriate development.(2) This clause applies to land identified as “Groundwater Vulnerability” 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—(a) whether or not the development (including any on-site storage or disposal of solid or liquid waste and chemicals) is likely to cause any groundwater contamination or have any adverse effect on groundwater dependent ecosystems, and(b) the cumulative impact (including the impact on nearby groundwater extraction for potable water supply or stock water supply) of the development and any other existing development on groundwater.(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,(c) if that impact cannot be minimised—the development will be managed to mitigate that impact.
7.7 Drinking water catchments
(1) The objective of this clause is to protect drinking water catchments by minimising the adverse impacts of development on the quality and quantity of water entering drinking water storages.(2) This clause applies to land identified as “Drinking water” on the Drinking Water Catchment Map.(3) Before determining a development application for development on land to which this clause applies, the consent authority must consider whether or not the development is likely to have any adverse impact on the quality and quantity of water entering the drinking water storage, having regard to—(a) the distance between the development and any waterway that feeds into the drinking water storage, and(b) the on-site use, storage and disposal of any chemicals on the land, and(c) the treatment, storage and disposal of waste water and solid waste generated or used by 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 impact on water quality and flows, 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.
7.8 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 processes that contribute to salinity.(2) Before determining a development application for development on land that is subject to salinity, the consent authority must consider the following—(a) whether or not the development is likely to have any adverse impact on salinity processes on the land,(b) whether or not salinity is likely to have an impact on the development,(c) appropriate measures to avoid or reduce any adverse effects that may result from the impacts referred to in paragraphs (a) and (b).(3) Development consent must not be granted to development on land that is subject to salinity 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.
7.9 Airspace operations
(1) The objectives of this clause are as follows—(a) to provide for the effective and ongoing operation of the Orange 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 Orange 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 Orange Airport.
7.10 Development in areas subject to aircraft noise
(1) This clause applies to development that—(a) is on land that—(i) is near an airport, and(ii) is in an ANEF contour of 20 or greater, and(b) the consent authority considers is likely to be adversely affected by aircraft noise.(2) Before determining a development application for development to which this clause applies, the consent authority—(a) must consider whether the development will result in an increase in the number of dwellings or people affected by aircraft noise, and(b) must consider the location of the development in relation to the criteria set out in Table 2.1 (Building Site Acceptability Based on ANEF Zones) in AS 2021—2000, Acoustics—Aircraft noise intrusion—Building siting and construction, and(c) must be satisfied that the development will meet AS 2021—2000, Acoustics—Aircraft noise intrusion—Building siting and construction with respect to interior noise levels for the purposes of—(i) if the development will be in an ANEF contour of 20 or greater—centre-based child care facilities, educational establishments, entertainment facilities, hospitals, places of public worship, public administration buildings or residential accommodation, and(ii) if the development will be in an ANEF contour of 25 or greater—business premises, hostels, hotel or motel accommodation, office premises or retail premises.(3) In this clause—airport includes a civil or military, or a joint civil and military, airport.ANEF contour means a noise exposure contour shown as an ANEF contour on the Noise Exposure Forecast Contour Map for that airport prepared by the Department of the Commonwealth responsible for airports.cl 7.10: Am 2017 (493), Sch 1.2 [2].
7.11 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) storm water drainage or on-site conservation,(e) suitable road access.cl 7.11: Ins 2014 (119), Sch 1 [5].
Schedule 1 Additional permitted uses
(Clause 2.5)
1 Use of certain land at 426 Molong Road, Orange
(1) This clause applies to land at 426 Molong Road, Orange, being Lot 209, DP 1018862.(2) Development for the purposes of agricultural produce industries, food and drink premises, light industries, function centres and hotel or motel accommodation is permitted with development consent.(3) (Repealed)
2 Use of certain land at 2 Hanrahan Place, Orange
(1) This clause applies to land at 2 Hanrahan Place, Orange, being Lot 87, DP 1167633.(2) Development for the purpose of retail premises that consist of a liquor outlet or bottle shop is permitted with development consent.(3) Subclause (2) applies only if the retail floor space on the site used for a liquor outlet or bottle shop is no more than 600m2.
sch 1: Am 2017 (135), cl 5 (1) (2); 2018 (661), 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.
Advertising signage (business identification signs in Zone IN1 and Zone IN2)
(1) Pole or pylon signs—(a) Only one pole or pylon sign (which may include a directory board for multiple occupancies on the land) per site.(b) Maximum area—5.0m2.(c) Maximum height—4.6m.(d) Must not obscure sight distance for vehicles approaching, entering or leaving the site.(2) Flush wall signs—(a) For a multiple occupancy site—must not exceed 2.5m2.(b) For a single occupancy site—must not exceed 20% of the area of the front elevation of the building.(c) If in relation to an industrial building or unit—must be attached to the building or unit.(3) Projecting wall signs—(a) For a single occupancy site—must not exceed 5m2.(b) If in relation to an industrial building or unit—must be attached to the building or unit.
Advertising signage (business identification signs in Zone R1, R2, R3 and R5)
Internal signs—(a) Must not comprise an item of environmental heritage as detailed in Schedule 5.(b) Must not be visible from outside the premises on which it is displayed.(c) If attached to a glass display window—must be behind the glass.
Advertising signage (other signs)
(1) Internal signs—(a) Must not comprise an item of environmental heritage as detailed in Schedule 5.(b) Must not be visible from outside the premises on which it is displayed.(c) If attached to a glass display window—must be behind the glass.(2) Real estate signs—(a) In rural or residential zones—maximum area of 2.5m2.(b) In business or industrial zones—maximum area of 4.5m2.
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 |
4616 Mitchell Highway, Lucknow | Lot 1, DP 963093 |
520 Anson Street, Orange | Lot 379, DP 1003596 |
173 Dalton Street (corner McLachlan Street), Orange | Lot 53, DP 1016853 |
Farrell Road, Orange | Lot 21, DP 1013978 |
20 George Weily Place, Orange | Lot 119, DP 1087517 |
154 Lone Pine Avenue, Orange | Lot 1, DP 153167 |
Part 2 Land classified, or reclassified, as operational land—interests changed
Column 1 | Column 2 | Column 3 |
Locality | Description | Any trusts etc not discharged |
30 Leewood Drive, Glenroi (known as Catto Park) | Lot 43, DP 255071 | Nil |
12 Astill Drive, Orange | Lot 5, DP 844802 | G217815 Covenant N598901 Easement for transmission line |
360 Escort Way, Orange | Lot 125, DP 1087517 | T447400 Land excludes minerals DP 1077818 Easement to drain sewage DP 1077818 Easement for Overhead Power line(s) |
Kearneys Drive and Brooklands Drive, Orange | Lot 29, DP 1070456 | Z101878 Covenant |
73 Kearneys Drive, Orange | Lot 104, DP 1074263 | DP 1015313 Easement to drain sewage |
32 Perc Griffith Way, Orange and 70 Mitchell Highway, Orange | Lot 1, DP 502526 | Crown grant conditions Any unrecorded estate or interest to which section 28U (2) of the Real Property Act 1900 applies BK 2769 No 475 easement for water supply |
230 Phillip Street, Orange | Lot 24, DP 1035913 | G217815 Covenant and 8701516 easement for transmission line, as noted on Certificate of Title Folio Identifier 24/1035913 |
145 Spring Street, Orange | Lot 244, DP 255179 | M559752 Easement for transmission line |
Part 3 Land classified, or reclassified, as community land
Column 1 | Column 2 |
Locality | Description |
Nil |
sch 4: Am 2014 (474), cl 4; 2016 (419), cl 4 (1) (2); 2016 (687), cl 5; 2018 (209), cl 5.
Schedule 5 Environmental heritage
(Clause 5.10)
Part 1 Heritage items
Suburb | Item name | Address | Property description | Significance | Item No |
Ammerdown | “Ammerdown” homestead | 450 Mitchell Highway | Lot 121, DP 700039 | State | I2 |
Bletchington | Dwelling | 301 Anson Street | Lot B, DP 947607 | Local | I264 |
Bletchington | Dwelling | 303 Anson Street | Lot 2, DP 1098891 | Local | I263 |
Bletchington | House | 306 Anson Street | Lot 8, DP 655202 | Local | I90 |
Bletchington | Dwelling | 307 Anson Street | Lot 1, DP 7429 | Local | I262 |
Bletchington | Dwelling | 309 Anson Street | Lot 589, DP 749681 | Local | I261 |
Bletchington | “Gallipoli” dwelling | 311 Anson Street | Lot 3, DP 7429 | Local | I260 |
Bletchington | “Deltamu” dwelling | 313 Anson Street | Lot 4, DP 7429 | Local | I259 |
Bletchington | Dwelling | 315 Anson Street (corner of Casey Street) | Lot 5, DP 7429 | Local | I258 |
Bletchington | Dwelling | 322 Anson Street | Lot 1, DP 8192 | Local | I256 |
Bletchington | Dwelling | 335 Anson Street | Lot 251, DP 812058 | Local | I241 |
Bletchington | Dwelling | 101–105 Burrendong Way | Lot 93, DP 1120242 | Local | I318 |
Bletchington | “Maroombah” mansion | 24 Courallie Drive (also 11 Malvern Avenue) | Lot 83, DP 253518 | Local | I18 |
Bletchington | Dwelling and shed | 24 Dalton Street | Lot A, DP 156856 | Local | I257 |
Bletchington | Orange Local Aboriginal Land Council | 42 Dalton Street (corner of Clinton Street) | Lot 3, DP 531400 | Local | I105 |
Bletchington | Dwelling | 56 Dalton Street | Lot A, DP 153904 | Local | I255 |
Bletchington | House | 65 Dalton Street | Lot 1, DP 7971; Lot 2, DP 959506 | Local | I89 |
Bletchington | “Twilight” dwelling | 67 Dalton Street | Lot 1, DP 959506 | Local | I242 |
Bletchington | “Waroon” dwelling | 69 Dalton Street | Lot 100, DP 1034032 | Local | I243 |
Bletchington | Dwelling | 71 Dalton Street | Lot 7, Section 7, DP 5265 | Local | I244 |
Bletchington | “Emmaville” | 56 Farrell Road | Lot 11, DP 1180604 | Local | I308 |
Bletchington | “Gladstone” dwelling | 319 Lords Place | Lot 101, DP 4534 | Local | I215 |
Bletchington | “Highgate” house | 329 Lords Place | Lot 2, DP 9169 | Local | I81 |
Bletchington | Dwelling | 332 Lords Place | Lot C, DP 335256 | Local | I216 |
Bletchington | “Blengarry” dwelling | 334 Lords Place | Lot B, DP 335256 | Local | I217 |
Bletchington | “Middlesex” house | 335–337 Lords Place | Lot 5, DP 9169 | Local | I82 |
Bletchington | Dwelling | 336 Lords Place (corner of Dalton Street) | Lot A, DP 335256 | Local | I218 |
Bletchington | “Glenelg” house | 345 Lords Place | Lots 1 and 2, DP 1111986 | Local | I83 |
Bletchington | Dwelling | 348 Lords Place | Lot 3, DP 2193 | Local | I219 |
Bletchington | Dwelling | 349 Lords Place | Lot 46, DP 849657 | Local | I84 |
Bletchington | “Carinya” house | 365 Lords Place | Lot 155, DP 521743 | Local | I85 |
Bletchington | Dwelling | 382 Lords Place | Lot 3, DP 20356 | Local | I220 |
Bletchington | Dwelling | 384 Lords Place (corner of Margaret Street) | Lot 1, DP 120708 | Local | I221 |
Bletchington | Dwelling | 160 Margaret Street | Lot A, DP 363905 | Local | I245 |
Bletchington | Dwelling | 162 Margaret Street | Lot B, DP 363905 | Local | I246 |
Bletchington | Dwelling | 25 Ophir Road | Lot 9, DP 17226 | Local | I265 |
Bletchington | “Orana Court” flats | 14 Orana Street | Lot 3, DP 362373 | Local | I266 |
Bletchington | Dwelling | 323 Peisley Street | Lot 15, DP 2193 | Local | I231 |
Bletchington | House | 325 Peisley Street | Lot 16, DP 2193 | Local | I80 |
Bletchington | Dwelling | 329 Peisley Street | Lot 7, DP 17226 | Local | I232 |
Bletchington | Soil Conservation Service of NSW building | 350 Peisley Street | Lot 1, DP 354656 | Local | I247 |
Bletchington | “Anson cottages” | 107 Prince Street | Part Lot 301, DP 1057870 | Local | I254 |
Bletchington | Paediatric clinic | 125 Sale Street (corner of Prince Street) | Lot 10G, DP 4099 | Local | I252 |
Bletchington | “Nganbirra” breast screening clinic | 127 Sale Street | Lot 10F, DP 4099 | Local | I251 |
Bletchington | “Caldwell House” community health centre | 129–133 Sale Street | Lot 10A, DP 187494; Lots 10B, 10C, 10D and 10E, DP 4099 | Local | I253 |
Bloomfield | Gosling Creek Reservoir | 28 Bargwanna Road | Lot 58, DP 750401 | Local | I114 |
Bloomfield | Bloomfield Hospital “Nymagee Lodge” (including landscape features, entry gateway, Elm avenue and grounds) | 1502 Forest Road | Lot 230, DP 720596 | State | I21 |
Bloomfield | Bloomfield Public School (former) | 11 Louie Lane | Lot 7001, DP 1020291 | Local | I288 |
Bloomfield | Cottage | 11 Shepherd Road | Lot 2, DP 779034 | Local | I289 |
Bowen | House | 38 Autumn Street | Lot 1, DP 701168 | Local | I92 |
Bowen | Dwelling | 68 Autumn Street (corner of March Street) | Lot A, DP 151622 | Local | I166 |
Bowen | “Rowena” house | 81 Autumn Street | Lot 2, DP 528155 | Local | I93 |
Bowen | Five Ways Uniting Church | 1 Bathurst Road (corner of Summer Street) | Lots 1 and 2, DP 975158 | Local | I153 |
Bowen | “Bowen Terrace” terrace houses | 3–25 Bathurst Road | Lots 1–12, DP 260469 | State | I49 |
Bowen | “Wolaroi” former mansion (main school building) | 59–67 Bathurst Road | Lot 3, DP 1117039 | Local | I9 |
Bowen | Dwelling | 119 Bathurst Road | Lot 5, DP 20946 | Local | I162 |
Bowen | Dwelling | 121 Bathurst Road | Lot 6, DP 20946 | Local | I163 |
Bowen | Dwelling | 123 Bathurst Road (corner of Cox Avenue) | Lot 7, DP 20946 | Local | I164 |
Bowen | Mackie’s store | 211 Byng Street | Lot B, DP 151915 | Local | I151 |
Bowen | Dwelling | 241 Byng Street | Lot 1, DP 731656 | Local | I167 |
Bowen | Dwelling | 254 Byng Street (corner of Nile Street) | Lot 1, DP 199408 | Local | I168 |
Bowen | Dwelling | 285 Byng Street | Lot 6, DP 8728 | Local | I169 |
Bowen | Dwelling | 287 Byng Street | Lot 5, DP 8728 | Local | I170 |
Bowen | Church hall (former East Orange Council chambers) | 31 Dora Street (corner of McLachlan Street) | Lot 1, DP 783183 | Local | I152 |
Bowen | Orange Showground (including Dalton’s Pavilion and Agricultural Pavilion) | Leeds Parade | Lots 3, 6, 13, 14, 15, 16, and 17, Section 29, DP 5600 | Local | I64 |
Bowen | Orange Cemeteries “Old Portion“ | Lone Pine Avenue | MCP 4445, Section 3090 | Local | I52 |
Bowen | Newman Park | 197 March Street | Lot 7021, DP 1001619 | Local | I55 |
Bowen | “Buena Vista” community facility (former residence) | 199–211 March Street | Lot 1, DP 1106978 | Local | I94 |
Bowen | Dwelling | 226 Margaret Street | Lot 3, DP 22835 | Local | I134 |
Bowen | Dwelling | 6 Nathan Street | Lot 1, DP 708881 | Local | I135 |
Bowen | Dwelling | 24 Nile Street | Lot 1, DP 797882 | Local | I165 |
Bowen | House | 34 Nile Street | Lot 32, DP 1086449 | Local | I96 |
Bowen | East Orange Public School | 46–56 Nile Street, 45–71 Spring Street, 206–212 March Street | Lots 1–5, DP 797703; Lots 1, 3, 5, 7, 10, 12, 14, 16, DP 797703 | Local | I95 |
Bowen | “Llanello” also known as “Croagh Patrick” (former mansion) | 10 Park Street | Lot 200, DP 791322 | Local | I10 |
Bowen | House | 5 Spring Street | Lot 15, DP 531331 | Local | I97 |
Bowen | House | 21 Spring Street | Lot 1, DP 743578 | Local | I98 |
Bowen | House | 23 Spring Street | Lot 3, DP 1086295 | Local | I99 |
Bowen | “Strathroy” house | 24–30 Spring Street | Lot 23, DP 656054 | Local | I101 |
Bowen | “Caeleon” house | 25 Spring Street | Lot 3, DP 758376 | Local | I100 |
Bowen | “Ormiston” dwelling | 397 Summer Street | Lot 1, DP 744240 | Local | I154 |
Bowen | Dwelling | 26 Wakeford Street | Lot 2, Section 7, DP 2986 | Local | I136 |
Bowen | Orange City Band Hall | 3 William Street | Lot 1, DP 150403 | Local | I102 |
Bowen | Dwelling | 8 William Street | Lot 1, DP 714681 | Local | I171 |
Bowen | “Clare Villa” dwelling | 12 William Street | Lot 5, DP 38397 | Local | I155 |
Bowen | House | 35 William Street | Lot 1, DP 1076919 | Local | I91 |
Bowen/East Orange | Memory Park | Bathurst Road (corner of Icely Road and Allenby Road) | Lot 1, DP 330519; Lots 12–17, DP 9684 | Local | I364 |
Calare | Dwelling | 2 Acacia Drive (corner of Beech Crescent) | Lot 2, DP 851657 | Local | I192 |
Calare | Dwelling and brick stable | 11 Banksia Street | Lot 100, DP 846879 | Local | I191 |
Calare | Dairy Farmers depot | 8 Barrett Street (corner of Barrett Court) | Lots 51–53, DP 252717 | Local | I362 |
Calare | Orange Co-op Cool Stores Ltd building | 14–16 Barrett Street (corner of Barrett Court) | Lot 57, DP 606629 | Local | I193 |
Calare | Dwelling | 21 Breen Street | Lot 30, Section 2, DP 976979 | Local | I182 |
Calare | Dwelling and shed | 8 Canobolas Road (corner of Pinnacle Road) | Lot 23, DP 815617 | Local | I188 |
Calare | Towac Park Racecourse (timber grandstand, pavilion and entry avenue) | 57 Canobolas Road | Lot 100, DP 756899 | Local | I63 |
Calare | Orange Racecourse Railway Station | 74 Canobolas Road | Lot 186, DP 979328 | Local | I189 |
Calare | “Carwoola” dwelling | 238 Cargo Road | Lot 2, DP 578668 | Local | I194 |
Calare | Coronation memorial plaque | Coronation Drive (corner of Wood Street) | Road reserve | Local | I306 |
Calare | PLC Kinross Wolaroi School, Campdale (former homestead) | 63–97 Coronation Drive | Lot 200, DP 1045829 | Local | I197 |
Calare | Dwelling | 52 Frost Street | Lot 4, DP 36132 | Local | I180 |
Calare | Dwelling | 545 Frost Street | Lot 3, DP 36132 | Local | I181 |
Calare | “Borrodell” packing sheds | 1 Gartrell Way (corner of Borrodell Drive) | Lot 24, DP 791830 | Local | I196 |
Calare | “Carwoola” brick sheds | 4 Gartrell Way | Lot 33, DP 845245 | Local | I195 |
Calare | CSR Readymix site (Bluestone quarry) | Laurel Street, off Racecourse Road | Lot 10, DP 112243; Lots 167–174, DP 979328 | State | I58 |
Calare | “Colwood” homestead | 12 McKay Crescent | Lot 128, DP 564735 | Local | I16 |
Calare | Ammerdown Carriageway | 450 Mitchell Highway | Lot 121, DP 700039 | Local | I331 |
Calare | “Delvine” dwelling | 15 Murraba Close | Lot 4, DP 249620 | Local | I186 |
Calare | Railway Crossing Cottage (former) | 94 Ploughmans Lane | Lot 1, DP 737814 | Local | I190 |
Calare | “Melyra” house | 119 Ploughmans Lane | Lot 11, DP 871178 | Local | I59 |
Calare | Dwelling | 72 Racecourse Road | Lot 66, DP 828672 | Local | I187 |
Calare | “Duntryleague” mansion, (including gateway, gatekeeper’s lodge, entry avenue and stables, but excluding golf course layout) | Woodward Street | Lot 16, DP 1120534 | State | I1 |
Calare | House | 81 Woodward Street | Lot 10, DP 552054 | Local | I69 |
Calare | House | 91–93 Woodward Street | Lot 7, DP 1101628 | Local | I70 |
Calare | Dwelling | 143 Woodward Street | Lot A, DP 387867 | Local | I184 |
Calare | Mileage marker | About 100 metres north of Duntryleague | Woodward Street road reserve, opposite Lot 189, DP 808347 | Local | I305 |
Canobolas | “Luxultan” dwelling | 291 Canobolas Road | Lot 20, DP 1133423 | Local | I323 |
Canobolas | “Braehead” outbuildings and land | 356 Canobolas Road | Lot 1, DP 741906 | Local | I290 |
Canobolas | Canobolas Public School | 386 Canobolas Road | Lot 1, DP 795270 | Local | I67 |
Canobolas | “Roseteague” homestead and curtilage | 425 Canobolas Road | Lot 102, DP 1039017 | Local | I20 |
Canobolas | “Rose Cottage” (house—former post office) | 471 Canobolas Road | Lot 860, DP 815622 | Local | I66 |
Canobolas | “Glengarra” homestead | 84 Mt Pleasant Lane | Lot 3, DP 512302 | Local | I19 |
Canobolas | Campbells Corner (park) | Pinnacle Road | Lot 67, DP 750360 | Local | I56 |
Canobolas | “Sheltering pines” house and garden | 784 Pinnacle Road | Lot 21, DP 739323 | Local | I326 |
Canobolas | “Colveath” homestead and buildings | 100 Shiralee Road | Lot 2, DP 558405 | Local | I284 |
Canobolas | Dwelling | 148 Shiralee Road (corner of Rifle Range Road) | Lot 92, DP 750401 | Local | I285 |
Canobolas | Dwelling (former), packing shed | 168 Shiralee Road | Lot 90, DP 750401 | Local | I286 |
Canobolas | “Girraween” dwelling | 150 Spurway Lane | Lot C, DP 158711 | Local | I327 |
Canobolas | Towac Pinnacle (park) | Un-named Road (off Pinnacle Road) | Lot 1, DP 323033 | Local | I57 |
Clergate | Cottage and brickworks | 148 Clergate Road | Lot 6, DP 362829 | Local | I363 |
Clergate | Canobolas Wool Topmaking building | 390 Clergate Road | Lot 121, DP 549276 | Local | I309 |
Clifton Grove | “Clifton Grove” homestead | 2 Coolabah Drive | Lot 219, DP 588007 | Local | I11 |
Glenroi | Dwelling | 34 Caroline Street | Lot C, DP 26285 | Local | I275 |
Glenroi | Orchard, ruins | Dairy Creek Road | Lot 26, DP 1087281 | Local | I113 |
Glenroi | EMMCO/Email/ Electrolux factory | 5–17 Edward Street | Lot 11, DP 575694; Lot 2, DP 544083 | Local | I281 |
Glenroi | “Rayville” dwelling | 84 Edward Street | Lot 11, Section 5, DP 8196 | Local | I267 |
Glenroi | Dwelling | 135 Edward Street | Lot 2, DP 224227 | Local | I106 |
Glenroi | “Rhodesia” dwelling | 169 Edward Street | Lot 2, DP 1131825 | Local | I107 |
Glenroi | “Warrenbah” house | 171 Edward Street | Lot 60, DP 882905 | Local | I47 |
Glenroi | “Endsleigh House“ | 38 Endsleigh Avenue | Lot 10, DP 584209 | Local | I15 |
Glenroi | Shops | 113 Endsleigh Avenue (corner of Kite Avenue) | Lot 1, DP 797691 | Local | I249 |
Glenroi | “Ivanhoe” dwelling | 115 Endsleigh Avenue | Lot 8, DP 1069072 | Local | I250 |
Glenroi | Apostolic Life Centre | 33–45 Glenroi Street | Lots 17–21, Section 7, DP 13315; Lot 1, DP 436291 | Local | I273 |
Glenroi | Offices—former house | 160 Kite Street | Lot A, DP 150529 | Local | I48 |
Glenroi | Dwelling | 162 Kite Street | Lot B, DP 150529 | Local | I108 |
Glenroi | “Lamrock Terrace” dwelling | 166 Kite Street | Lot 1, DP 794527 | Local | I109 |
Glenroi | “Lamrock Terrace” dwelling | 168 Kite Street | Lot 1, DP 708884 | Local | I240 |
Glenroi | “Lamrock Terrace” dwelling | 170 Kite Street | Lot 61, DP 882905 | Local | I239 |
Glenroi | “Lamrock Terrace” dwelling | 172 Kite Street | Lot 2, DP 38847 | Local | I238 |
Glenroi | “Lamrock Terrace” dwelling | 174 Kite Street | Lot 3, DP 38847 | Local | I237 |
Glenroi | “Lamrock Terrace” dwelling | 176 Kite Street | Lot 4, DP 38847 | Local | I236 |
Glenroi | “Lamrock Terrace” dwelling | 178 Kite Street | Lot 5, DP 38847 | Local | I235 |
Glenroi | “Lamrock Terrace” dwelling | 180 Kite Street | Lot 6, DP 38847 | Local | I234 |
Glenroi | Storage tank (remnant) | 130 Lone Pine Avenue | Lot 7, DP 793145 | Local | I355 |
Glenroi | Dwelling | 16 McLachlan Street | Lot 1, DP 575251 | Local | I270 |
Glenroi | “Roma” dwelling | 44 McLachlan Street | Lot 165, DP 701791 | Local | I269 |
Glenroi | Dwelling | 102 March Street (corner of Sale Street) | Lot 1, DP 1085785 | Local | I277 |
Glenroi | Dwelling | 138 March Street | Lot 1, DP 783706 | Local | I278 |
Glenroi | Dwelling | 47 Maxwell Street (corner of Tobruk Crescent) | Lot 56, DP 35002 | Local | I321 |
Glenroi | Dwelling | 49 Maxwell Street (corner of Tobruk Crescent) | Lot 20, DP 35002 | Local | I320 |
Glenroi | The Victoria Hotel | 334–336 Summer Street | Lot 1, DP 85045 | Local | I274 |
Glenroi | Dwelling | 132 Warrendine Street (corner of Endsleigh Avenue) | Lot 100, DP 4639 | Local | I248 |
Huntley | “Tuckonie” cottage | 793 Huntley Road | Lot 6, DP 559537 | Local | I287 |
Huntley | “Winora” dwelling and barn | 1028 Huntley Road | Lot 1, DP 587659 | Local | I279 |
Huntley | Huntley Railway Station (former) | 1067 Huntley Road | Lot 111, DP 875230 | Local | I280 |
Huntley | Shop by railway siding | 1067 Huntley Road | Lot 111, DP 875230 | Local | I280 |
Huntley | “Carramar” dwelling | 148 Shiralee Road (corner of Rifle Range Road) | Lot 92, DP 750401 | Local | I285 |
Lucknow | “Poplars” farm building | 53 Beasley Road | Lot 3, DP 1078990 | Local | I271 |
Lucknow | “Wentworth cottage” dwelling | 82 Beasley Road | Lot 21, DP 4630 | Local | I272 |
Lucknow | “Reform Mine” (mine building group and relics) | Mitchell Highway | Lot 11, DP 1070599 | Local | I50 |
Lucknow | “Merungie” (Raine family grave plot) | 4397 Mitchell Highway | Lot 2, DP 1002489 | Local | I103 |
Lucknow | “Wentworth Mine” also known as “Great Western” (mine building group and relics) | 4570–4578 Mitchell Highway | Lot 1, DP 333242 | Local | I104 |
Lucknow | “Mamhead” dwelling | 4622 Mitchell Highway (corner of Carroll Street) | Lot 2, DP 387108 | Local | I112 |
Lucknow | St John’s Anglican Church | 7 Newman Street | Lot 1, Section 1, DP 976681 | Local | I111 |
March | Dwelling | 678 Burrendong Way | Lot 15, DP 566625 | Local | I316 |
March | “Charmaine” dwelling and shed | 730 Burrendong Way | Lot 20, DP 837121 | Local | I291 |
March | St Phillip’s Anglican Church | 768 Burrendong Way | Lot 41, DP 1142543 | Local | I312 |
March | “Mirrimbeena” school house | 774 Burrendong Way | Lot 1, DP 1107969 | Local | I315 |
March | March Public School (former) | 780 Burrendong Way | Lot 1, DP 430781 | Local | I314 |
March | Dwelling | 792 Burrendong Way | Lot 1, DP 961075 | Local | I313 |
March | “Wyelba” dwelling | 459 Clergate Road | Lot 51, DP 590761 | Local | I310 |
Mount Pleasant | Rossi Orchard— brick barn and shed | 98 Mount Pleasant Lane | Lot 10, DP 561093 | Local | I324 |
Mount Pleasant | “Mt Pleasant” dwelling and barn | 101 Mount Pleasant Lane | Lot 2, DP 632674 | Local | I325 |
Narrambla | Charles Sturt University Water Tower | 346 Leeds Parade | Part Lot 301, DP 1047282 | Local | I311 |
Narrambla | “Narrambla” Templer’s Mill ruins (including Banjo Paterson memorial) | 330 Ophir Road | Lot 1, DP 190898 | Local | I51 |
Narrambla | “Rosedale” homestead | 671 Ophir Road | Lot 26, DP 668540 | Local | I12 |
Orange | “Maynooth” dwelling | 169 Anson Street | Lot 15, DP 574683 | Local | I117 |
Orange | Wyoming Court offices and businesses | 182 Anson Street | Lot A, DP 343109 | Local | I120 |
Orange | Uniting Church and Kindergarten Hall | 215–221 Anson Street | Lot 1, DP 996128 | State | I23 |
Orange | Uniting Church Hall | 215–221 Anson Street | Lot 1, DP 996128 | Local | I118 |
Orange | 1914–1918 Memorial Hall | 245 Anson Street | Lot 3, DP 598446 | Local | I119 |
Orange | Orange Town Hall (offices—former Town Hall) | 247–249 Anson Street | Lot 2, DP 598446 | Local | I24 |
Orange | Holy Trinity Church Rectory (including Bluestone Hall) | 251–255 Anson Street and 257 Anson Street | Lots 1061 and 1062, DP 863543 | State | I5 |
Orange | Dwelling | 109 Bathurst Road | Lot Y, DP 361302 | Local | I329 |
Orange | Dwelling | 111 Bathurst Road | Lot Z, DP 361302 | Local | I328 |
Orange | Light pole | Byng Street (corner of Anson Street) | Road reserve in front of Lot 1, DP 598446 | Local | I307 |
Orange | Former street signs | 23 Byng Street, 212–220 Summer Street, 222–224, Summer Street, 244–246, Summer Street, 266 Summer Street, and 37 William Street | Lot 1, DP 708311; road reserve in front of Lot 82, DP 1143973; Lot 11, Section 40, DP 758817; road reserve in front of Lot 564, DP 776383; Lot 3, DP 151211; road reserve in front of Lot 1, DP 1111912 | Local | I157 |
Orange | Dwelling | 31 Byng Street | Lot 302, DP 1111890 | Local | I128 |
Orange | Dwelling | 58 Byng Street | Lot 2, DP 238078 | Local | I130 |
Orange | “Galbally” mansion | 60 Byng Street | Lots 1–3, DP 1010770 | Local | I35 |
Orange | Mansion | 62 Byng Street | Lot 3, DP 758817 | Local | I36 |
Orange | House | 65 Byng Street | Lot 1, DP 770751 | Local | I32 |
Orange | “Emily” dwelling | 66 Byng Street (corner of Hill Street) | Lot 1, DP 522647 | Local | I131 |
Orange | “Wendouree” dwelling | 68 Byng Street | Lot C, DP 418512 | Local | I132 |
Orange | Gladstone Hotel | 69 Byng Street | Lot 1, DP 86529 | Local | I33 |
Orange | St Josephs Church | 71–85 Byng Street | Lots 11 and 12, Section 15, DP 758817 | State | I4 |
Orange | “Lansdowne” dwelling | 72 Byng Street | Lot 12, DP 867392 | Local | I357 |
Orange | Dwelling | 74 Byng Street | Lot 2, DP 1086299 | Local | I358 |
Orange | “Brownholm” house | 82 Byng Street | Lot 1, DP 719380 | Local | I37 |
Orange | “Union Bank” (restaurant and offices in former bank) | 84 Byng Street | Lots 1, 2 and 3, SP 32358 | State | I38 |
Orange | Dwelling | 102 Byng Street | Lot 1, DP 799874 | Local | I359 |
Orange | Shops | 109–111 Byng Street | Lot 2, DP 863569 | Local | I129 |
Orange | Orange Court House | 122 Byng Street | Lot 18, Section 41, DP 758817 | State | I3 |
Orange | Metropolitan Hotel (former store) | 107 Byng and 244 Anson Streets | Lots 3 and 4, DP 863569 | Local | I34 |
Orange | West Orange Post Office (former) | 19 Clinton Street (corner of Moulder Street) | Lot C, DP 33019 | Local | I125 |
Orange | “Parkview” house | 44 Clinton Street | Lots 10 and 11, DP 456010 | Local | I29 |
Orange | Dwelling | 74 Clinton Street | Lot 11, DP 1130891 | Local | I126 |
Orange | Orange Locomotive Depot | East Fork, Forest Road | Unregistered railway land, west of Lot 2, DP 544083 | Local | I340 |
Orange | Bridge | Hill Street, near National Avenue | Hill Street road reserve within Lot 307, DP 1163739 | Local | I348 |
Orange | Dwelling | 27 Hill Street (corner of Moulder Street) | Lot 1, DP 112640 | Local | I178 |
Orange | “Newstead” club (former mansion) | 47–49 Hill Street | Lots 1–3, DP 1127220 | Local | I25 |
Orange | Dwelling | 50 Hill Street | Lot 1, DP 719379 | Local | I179 |
Orange | “Knocklong” house | 73 Hill Street | Lot 122, DP 581317 | Local | I26 |
Orange | HACBS (former Building Society) | 87 Hill Street | Lot 2, DP 660443 | Local | I27 |
Orange | “Vincent” Dwelling | 115 Hill Street | Lot 5, DP 848908 | Local | I177 |
Orange | “Winchmore” dwelling | 30 Kite Street | Lot 1, DP 1106168 | Local | I145 |
Orange | Dwelling | 37 Kite Street | Lot B, DP 373068 | Local | I143 |
Orange | “The Channings” dwelling | 39 Kite Street | Lot 1, DP 782101 | Local | I144 |
Orange | “Mena” mansion | 50 Kite Street | Lot 1, DP 340113 | State | I6 |
Orange | Dwelling | 52 Kite Street | Lot 1, DP 799697 | Local | I146 |
Orange | House | 56 Kite Street | Lot 23, DP 1086664 | Local | I44 |
Orange | St John’s Uniting Church and Hall | 74 Kite Street | Lot 2, DP 150398 | Local | I148 |
Orange | Orange Public School | 78 Kite Street | Lot 61, DP 870550 | State | I7 |
Orange | Former headmaster’s residence | 80 Kite Street | Lot 60, DP 870550 | Local | I45 |
Orange | Child care centre (former mansion) | 86 Kite Street | Lot 1, DP 325230 | Local | I46 |
Orange | Lands Office (State Government offices) | 92 Kite Street | Lot 11, Section 39, DP 758817 | State | I8 |
Orange | Scout Hall | 94 Kite Street | Lots 14 and 15, Section 39, DP 758817 | Local | I147 |
Orange | Community Health Centre | 96 Kite Street (corner of Sale Street) | Lot 16, Section 39, DP 758817 | Local | I233 |
Orange | Canobolas Shire Council Chamber | 126–130 Kite Street (corner of McNamara Street) | Lot 2, Section 46, DP 758817 | Local | I149 |
Orange | The Lone Pine | Lone Pine Avenue (corner of Bathurst Road) | Road reserve, corner of Bathurst Road and Lone Pine Avenue, adjacent to Lot 414, DP 712625 | Local | I352 |
Orange | Kelly’s Rugby Hotel | 133 Lords Place (corner of Moulder Street) | Lot 50, DP 817766 | Local | I214 |
Orange | Occidental Hotel | 170–174 Lords Place (corner of Kite Street) | Lot 2, DP 239074 | Local | I201 |
Orange | Solicitor’s office | 209 Lords Place (corner of Colvin Lane) | Lot 23, DP 107800 | Local | I176 |
Orange | Shop | 215 Lords Place | Lot 1, DP 315435 | Local | I175 |
Orange | Dwelling | 261 Lords Place (corner of Hampden Avenue) | Lot 1, DP 111535 | Local | I116 |
Orange | Semi-detached cottages | 316–318 Lords Place | Lots 40 and 41, DP 851640 | Local | I174 |
Orange | “Trebanog” house (former inn) | 79–81 March Street | Lot 12, DP 812317 | Local | I30 |
Orange | Welcome Inn Restaurant (former inn) | 85–87 March Street | Lot 1, DP 779381 | Local | I31 |
Orange | Wade Park (2 cottages only) | Moulder Street | Lot 701, DP 1001618 | Local | I77 |
Orange | “Redluom” dwelling | 71 Moulder Street | Lot 1, DP 808644 | Local | I150 |
Orange | “Hiluneva” house | 154 Moulder Street | Lot 60, DP 840590 | Local | I76 |
Orange | Stores | 84–86 Peisley Street | Lots 11 and 12, DP 800314 | Local | I79 |
Orange | Terminus Hotel (former) | 105–107 Peisley Street | Lot 1, DP 86658 | Local | I227 |
Orange | Shop | 119 Peisley Street | Lot 1, DP 606986 | Local | I228 |
Orange | Great Western Hotel | 145–147 Peisley Street | Lot 1, DP 522491 | Local | I230 |
Orange | Second chance collectables and Canobolas Locksmiths building | 149–151 Peisley Street (corner of Kite Street) | Lot 17, DP 1092631 | Local | I115 |
Orange | Orange Railway Station (including pedestrian bridge) | 150 Peisley Street | Lot 16, DP 1002968 | State | I22 |
Orange | Stationmaster’s house | 158 Peisley Street | Lot 13, DP 1002968 | Local | I78 |
Orange | Robert’s Bakery | 184–190 Peisley Street | Lot 101, DP 884400 | Local | I229 |
Orange | Semi-detached cottages | 53 and 55 Prince Street | Lots 1 and 2, DP 997237 | Local | I222 |
Orange | “Eudora” house | 67 Prince Street | Lot 1, DP 199279 | Local | I86 |
Orange | Dwelling | 69 Prince Street | Lot 1, DP 161607 | Local | I223 |
Orange | Dwelling | 71 Prince Street | Lot 2, DP 161607 | Local | I224 |
Orange | House | 97 Prince Street | Lots 3 and 4, DP 129339 | Local | I87 |
Orange | “Kingsciere” flats | 102 Prince Street (corner of Anson Street) | Lot 1, DP 613074 | Local | I225 |
Orange | House | 127–129 Prince Street | Lot C, DP 345070 | Local | I88 |
Orange | Dwelling | 137 Prince Street | Lot 5, DP 663111 | Local | I226 |
Orange | Orange Infants School | 22 Sale Street | Lot 13, DP 1093760 | Local | I124 |
Orange | Baptist Church | 59 Sale Street | Lot 8, DP 52660 | Local | I121 |
Orange | Dwelling | 75 Sale Street | Lot 4, DP 25717 | Local | I122 |
Orange | Dwelling | 81 Sale Street | Lot 1, DP 25717 | Local | I123 |
Orange | Dwelling | 60 Sampson Street | Lot 4, DP 71076 | Local | I127 |
Orange | Brass footpath inlays in pavement | Summer Street | Road reserve | Local | I198 |
Orange | Cook Park (including fernery and Blowes Conservatory) | 22–46 Summer Street | Lot 27, DP 653772 | Local | I28 |
Orange | “Craigielee” house | 23 Summer Street | Lot 1, DP 986433 | Local | I39 |
Orange | “Berrilea” mansion | 27–29 Summer Street | Lot 10, DP 1015171 | State | I40 |
Orange | House | 58 Summer Street | Lot A, DP 153476 | Local | I41 |
Orange | Fire station | 79 Summer Street | Lot 14, DP 669182 | Local | I360 |
Orange | T&G Mutual building | 189–193 Summer Street | Lot 523, DP 717989 | Local | I137 |
Orange | Myer building | 212–220 Summer Street | Lot 564, DP 776383 | Local | I140 |
Orange | Orange Post Office | 222–224 Summer Street | Lot 11, Section 40, DP 758817 | State | I42 |
Orange | Palmer’s Building (former AJS Bank) | 226–232 Summer Street | Lot 12, DP 109131 | Local | I43 |
Orange | Commonwealth Bank | 244–246 Summer Street | Lot 1, DP 708311 | Local | I141 |
Orange | Royal Hotel Incorp | 251–257 Summer Street | Lot 351, DP 625439 | Local | I361 |
Orange | Robertson Park | 259–279 Summer Street | Lot 701, DP 1020797; Lot 702, DP 1002273; Lot 703, DP 1020799 | Local | I54 |
Orange | Hotel Canobolas | 266 Summer Street (corner of Lords Place) | Lot 82, DP 1143973 | Local | I142 |
Orange | Parkview Hotel | 281–285 Summer Street (corner of McNamara Street) | Lot 100, DP 1029127 | Local | I161 |
Orange | Shop | 286 Summer Street | Lot 22, DP 589346 | Local | I158 |
Orange | Gallagher Building | 288–294 Summer Street | Lots 18 and 20, DP 590691 | Local | I159 |
Orange | Strand Theatre | 311–313 Summer Street | Lot 1, DP 169401 | Local | I354 |
Orange | Hotel Orange | 312–324 Summer Street (corner of Peisley Street) | Lot 4, DP 576169 | Local | I160 |
Orange | “Karinga” dwelling | 204 Woodward Street | Lot 4, DP 16106 | Local | I185 |
Shadforth | Corrugated iron cottage | 40 Shadforth Drive | Lot 320, DP 750406 | Local | I350 |
Shadforth | “Rose”, “Shamrock” and “Thistle” (group of 3 miners’ cottages) | 115 and 119 Shadforth Drive | Lots 263 and 264, DP 750406 | Local | I65 |
Spring Creek | “Adavale” house | 40 Brooking Lane | Lot 2, DP 516739 | Local | I62 |
Spring Creek | “Evergreen” homestead | 22 Evergreen Road | Lot 104, DP 1017193 | Local | I293 |
Spring Hill | Railway infrastructure, including bridges and culverts | Huntley Road and Kinghorne Lane | Railway reserve adjacent to Lot 341, DP 1176618; Lot 1, DP 152629; Lot 1, DP 195413; Lot 1, DP 828893 | Local | I353 |
Spring Hill | Homestead | 1706 Millthorpe Road | Lot 100, DP 1068220 | Local | I283 |
Spring Hill | Spring Hill Public School | 2 Seaton Street (corner of Carcoar Street) | Lot 229, DP 750406 | Local | I294 |
Spring Hill | All Saints Anglican Church | 10 Seaton Street (corner of Lucknow Street) | Lot 1, DP 658805 | Local | I295 |
Spring Hill | Temperance Hall | 11 Seaton Street (corner of Worboys Street) | Lot 1, DP 1138992 | Local | I296 |
Spring Hill | Spring Hill Railway Station (former) | Spring Street | Railway reserve adjoining Lot 4, DP 809208 | Local | I304 |
Spring Hill | Shed | 3 Spring Street | Lot 2, Section 2, DP 758921 | Local | I303 |
Spring Hill | Railway Hotel | 19 Spring Street | Lot 2, Section 1, DP 758921 | Local | I302 |
Spring Hill | Spring Hill Cemetery | 13 Warburton Lane | Lot 1, DP 1121921; Lot 7300, DP 1144772 | Local | I346 |
Spring Hill | “Edenglassie” two dwellings | 92 Whiley Road | Lot 3, DP 1076666 | Local | I133 |
Spring Hill | Dwelling | 16 Worboys Street | Lot 9, Section 8, DP 3355 | Local | I299 |
Spring Hill | Dwelling | 20 Worboys Street | Lot 7, Section 8, DP 3355 | Local | I298 |
Spring Hill | Dwelling | 24 Worboys Street | Lot 5, Section 8, DP 3355 | Local | I297 |
Spring Hill | “Rosebank” dwelling | 27 Worboys Street | Lot 8, Section 9, DP 3355 | Local | I300 |
Springside | “Bayoud” inn (former) | 365 Cadia Road | Lot 311, DP 1024566 | Local | I138 |
Springside | Church (former Methodist) | 598 Cadia Road | Lot 24, DP 871440 | Local | I356 |
Springside | Springside Public School | 716 Cadia Road (corner of Kearl Road) | Lot 287, DP 750360 | Local | I139 |
Springside | “Failford” homestead | 45 Failford Lane | Lot 2, DP 1172201 | Local | I292 |
Springside | “Glenfield” country inn | 1007 Forest Road | Lot 11, DP 226852 | Local | I17 |
Suma Park | Suma Park—dam | Ophir Road | Lot A, DP 421655; Lot B, DP 164819 | Local | I351 |
Suma Park | “Suma Park” homestead | 190 Ophir Road | Lot 91, DP 841660 | Local | I60 |
Summer Hill | “Bloomfield House” (including remains of Moulder’s orchard) | 15 Catto Close | Lot 58, DP 602098 | Local | I68 |
Summer Hill | “Summer Hill” house (including group of farm buildings) | 4837 Mitchell Highway and 56 Summer Hill Lane | Lots 3 and 4, DP 1017787 | Local | I14 |
Summer Hill | “Wellwood” homestead | 4982 Mitchell Highway | Lot 4, DP 590167 | Local | I13 |
Summer Hill | Chinaman’s Bend Cemeteries | 5066 Mitchell Highway | Lot 51, DP 750401 | Local | II53 |
Summer Hill | “Dairy Creek” dwelling | 5110 Mitchell Highway | Lot 1, DP 528258 | Local | I330 |
Summer Hill | “Clearview” house | 18 Steeles Lane | Lot 131, DP 750401 | Local | I61 |
Warrendine | Former Aerodrome (Council depot) | 1610 Forest Road | Lot 1, DP 1142713 | Local | I172 |
Warrendine | Sir Jack Brabham Park—Gnoo Blas | 1610 Forest Road | Lot 1, DP 1142713 | Local | I173 |
Warrendine | “Gobabla” house | 100 Franklin Road | Lot 41, DP 538273 | Local | I72 |
Warrendine | “Garyowen” house | 102 Franklin Road | Lot 1, DP 957536 | Local | I73 |
Warrendine | House | 104 Franklin Road | Lot 2, DP 655724 | Local | I74 |
Warrendine | House | 106 and 106A Franklin Road | Lots 3 and 4, DP 6662 | Local | I75 |
Warrendine | Dwelling | 82 Lords Place (corner of Franklin Road) | Lot 3, DP 10829 | Local | I204 |
Warrendine | Dwelling | 84 Lords Place | Lot 2, DP 10829 | Local | I205 |
Warrendine | Dwelling | 86 Lords Place | Lot 1, DP 305209 | Local | I206 |
Warrendine | Dwelling | 92 Lords Place | Lot 5, DP 12125 | Local | I207 |
Warrendine | “Lynton” dwelling | 94 Lords Place | Lot 4, DP 1012387 | Local | I203 |
Warrendine | Dwelling | 100 Lords Place | Lot 1, DP 572278 | Local | I202 |
Warrendine | Dwelling (part of cottage group) | 121 Lords Place (corner of Wade Place) | Lot C, DP 940220 | Local | I208 |
Warrendine | Dwelling (part of cottage group) | 123 Lords Place | Lot B, DP 940220 | Local | I209 |
Warrendine | Dwelling (part of cottage group) | 125 Lords Place | Lot A, DP 940220 | Local | I210 |
Warrendine | Dwelling (part of cottage group) | 127 Lords Place | Lot C, DP 331618 | Local | I211 |
Warrendine | Dwelling (part of cottage group) | 129 Lords Place | Lot B, DP 331618 | Local | I212 |
Warrendine | Dwelling (part of cottage group) | 131 Lords Place (corner of Moulder Street) | Lot A, DP 331618 | Local | I213 |
Warrendine | Corner store | 88 Warrendine Street (corner of Anson Street) | Lot 1, DP 119211 | Local | I319 |
Warrendine | Dwelling | 116 Warrendine Street | Lot 152, DP 1101350 | Local | I200 |
Warrendine | House | 94 Woodward Street | Lots 1–4, DP 6662 | Local | I71 |
Part 2 Heritage conservation areas
Suburb | Item name | Significance | Map reference |
Lucknow | Lucknow Heritage Conservation Area | Local | C4 |
Orange | Central Orange Heritage Conservation Area | Local | C1 |
Orange | East Orange Heritage Conservation Area | Local | C2 |
Orange | Glenroi Heritage Conservation Area | Local | C3 |
Spring Hill | Spring Hill Heritage Conservation Area | Local | C5 |
sch 5: Am 2014 (119), Sch 1 [6]; 2014 No 33, Sch 2.28 [1] [2].
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.
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—but does not include backpackers’ accommodation, a group home, hotel or motel accommodation, seniors housing or a serviced apartment.
(a) is wholly or partly let in lodgings, and
(b) provides lodgers with a principal place of residence for 3 months or more, and
(c) may have shared facilities, such as a communal living room, bathroom, kitchen or laundry, and
(d) has rooms, some or all of which may have private kitchen and bathroom facilities, that accommodate one or more lodgers,
Note—
Boarding houses are a type of residential accommodation—see the definition of that term in this Dictionary.
boat building and repair facility means any facility (including a building or other structure) used primarily for the construction, maintenance or repair of boats, whether or not including the storage, sale or hire of boats, but does not include a marina or boat shed.
boat launching ramp means a structure designed primarily for the launching of trailer borne recreational vessels, and includes associated car parking facilities.
boat shed means a building or other structure used for the storage and routine maintenance of a boat or boats and that is associated with a private dwelling or non-profit organisation, and includes any skid used in connection with the building or other structure.
brothel has the same meaning as in the Act.
Note—
This definition is relevant to the definitions of home occupation (sex services) and sex services premises in this Dictionary.
building has the same meaning as in the Act.
Note—
The term is defined to include part of a building and any structure or part of a structure, but not including a manufactured home, a moveable dwelling or associated structure (or part of a manufactured home, moveable dwelling or associated structure).
building height (or height of building) means—including plant and lift overruns, but excluding communication devices, antennae, satellite dishes, masts, flagpoles, chimneys, flues and the like.
(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,
building identification sign means a sign that identifies or names a building and that may include the name of a building, the street name and number of a building, and a logo or other symbol but does not include general advertising of products, goods or services.
Note—
Building identification signs are a type of signage—see the definition of that term in this Dictionary.
building line or setback means the horizontal distance between the property boundary or other stated boundary (measured at 90 degrees from the boundary) and—whichever distance is the shortest.
(a) a building wall, or
(b) the outside face of any balcony, deck or the like, or
(c) the supporting posts of a carport or verandah roof,
bush fire hazard reduction work has the same meaning as in the Rural Fires Act 1997.
Note—
The term is defined as follows—
bush fire hazard reduction work means—but does not include construction of a track, trail or road.
(a) the establishment or maintenance of fire breaks on land, and
(b) the controlled application of appropriate fire regimes or other means for the reduction or modification of available fuels within a predetermined area to mitigate against the spread of a bush fire,
bush fire prone land has the same meaning as in the Act.
Note—
The term is defined, in relation to an area, as land recorded for the time being as bush fire prone land on a map for the area certified as referred to in section 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—but that does not contain any advertising relating to a person who does not carry on business at the premises or place.
(a) that indicates—(i) the name of the person or business, and(ii) the nature of the business carried on by the person at the premises or place at which the sign is displayed, and
(b) that may include the address of the premises or place and a logo or other symbol that identifies the business,
Note—
Business identification signs are a type of signage—see the definition of that term in this Dictionary.
business premises means a building or place at or on which—and includes a funeral home and, without limitation, premises such as banks, post offices, hairdressers, dry cleaners, travel agencies, internet access facilities, betting agencies and the like, but does not include an entertainment facility, home business, home occupation, home occupation (sex services), medical centre, restricted premises, sex services premises or veterinary hospital.
(a) an occupation, profession or trade (other than an industry) is carried on for the provision of services directly to members of the public on a regular basis, or
(b) a service is provided directly to members of the public on a regular basis,
Note—
Business premises are a type of commercial premises—see the definition of that term in this Dictionary.
camping ground means an area of land that has access to communal amenities and on which campervans or tents, annexes or other similar portable and lightweight temporary shelters are, or are to be, installed, erected or placed for short term use, but does not include a caravan park.
canal estate development means development that incorporates wholly or in part a constructed canal, or other waterway or waterbody, that is inundated by or drains to a natural waterway or natural waterbody by surface water or groundwater movement (not being works of drainage, or for the supply or treatment of water, that are constructed by or with the authority of a person or body responsible for those functions and that are limited to the minimal reasonable size and capacity to meet a demonstrated need for the works), and that either—
(a) includes the construction of dwellings (which may include tourist and visitor accommodation) of a kind other than, or in addition to—(i) dwellings that are permitted on rural land, and(ii) dwellings that are used for caretaker or staff purposes, or
(b) requires the use of a sufficient depth of fill material to raise the level of all or part of that land on which the dwellings are (or are proposed to be) located in order to comply with requirements relating to residential development on flood prone land.
car park means a building or place primarily used for the purpose of parking motor vehicles, including any manoeuvring space and access thereto, whether operated for gain or not.
caravan park means land (including a camping ground) on which caravans (or caravans and other moveable dwellings) are, or are to be, installed or placed.
catchment action plan has the same meaning as in the Catchment Management Authorities Act 2003.
Note—
The term is defined as a catchment action plan of an authority that has been approved by the Minister under Part 4 of the Catchment Management Authorities Act 2003.
cellar door premises means a building or place that is used to sell wine by retail and that is situated on land on which there is a commercial vineyard, and where most of the wine offered for sale is produced in a winery situated on that land or is produced predominantly from grapes grown in the surrounding area.
Note—
Cellar door premises are a type of retail premises—see the definition of that term in this Dictionary.
cemetery means a building or place used primarily for the interment of deceased persons or pets or their ashes, whether or not it contains an associated building for conducting memorial services.
centre-based child care facility means—but does not include—
(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.
(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—but does not include an educational establishment, hospital, retail premises, place of public worship or residential accommodation.
(a) owned or controlled by a public authority or non-profit community organisation, and
(b) used for the physical, social, cultural or intellectual development or welfare of the community,
community land has the same meaning as in the Local Government Act 1993.
correctional centre means—but does not include any police station or court cell complex in which a person is held in custody in accordance with any Act.
(a) any premises declared to be a correctional centre by a proclamation in force under section 225 of the Crimes (Administration of Sentences) Act 1999, including any juvenile correctional centre or periodic detention centre, and
(b) any premises declared to be a detention centre by an order in force under section 5 (1) of the Children (Detention Centres) Act 1987,
Council means the Orange City 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.
designated State public infrastructure means public facilities or services that are provided or financed by the State (or if provided or financed by the private sector, to the extent of any financial or in-kind contribution by the State) of the following kinds—
(a) State and regional roads,
(b) bus interchanges and bus lanes,
(c) land required for regional open space,
(d) land required for social infrastructure and facilities (such as land for schools, hospitals, emergency services and justice purposes).
drainage means any activity that intentionally alters the hydrological regime of any locality by facilitating the removal of surface or ground water. It may include the construction, deepening, extending, opening, installation or laying of any canal, drain or pipe, either on the land or in such a manner as to encourage drainage of adjoining land.
Drinking Water Catchment Map means the Orange Local Environmental Plan 2011 Drinking Water Catchment Map.
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—It may include facilities that are used to provide information or education to visitors and to exhibit or display items.
(a) provides temporary or short-term accommodation to visitors on a commercial basis, and
(b) is located in or adjacent to an area with special ecological or cultural features, and
(c) is sensitively designed and located so as to minimise bulk, scale and overall physical footprint and any ecological or visual impact.
Note—
See clause 5.13 for requirements in relation to the granting of development consent for eco-tourist facilities.
Eco-tourist facilities are not a type of tourist and visitor accommodation—see the definition of that term in this Dictionary.
educational establishment means a building or place used for education (including teaching), being—
(a) a school, or
(b) a tertiary institution, including a university or a TAFE establishment, that provides formal education and is constituted by or under an Act.
electricity generating works means a building or place used for the purpose of—
(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—but does not include anything declared by the regulations (under the Water Management Act 2000) not to be an estuary.
(a) any part of a river whose level is periodically or intermittently affected by coastal tides, or
(b) any lake or other partially enclosed body of water that is periodically or intermittently open to the sea, or
(c) anything declared by the regulations (under the Water Management Act 2000) to be an estuary,
excavation means the removal of soil or rock, whether moved to another part of the same site or to another site, but does not include garden landscaping that does not significantly alter the shape, natural form or drainage of the land.
exhibition home means a dwelling built for the purposes of the public exhibition and marketing of new dwellings, whether or not it is intended to be sold as a private dwelling after its use for those purposes is completed, and includes any associated sales or home finance office or place used for displays.
exhibition village means 2 or more exhibition homes and associated buildings and places used for house and land sales, site offices, advisory services, car parking, food and drink sales and other associated purposes.
extensive agriculture means any of the following—
(a) the production of crops or fodder (including irrigated pasture and fodder crops) for commercial purposes,
(b) the grazing of livestock (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 Orange Local Environmental Plan 2011 Flood Planning Map.
floor space ratio—see clause 4.5.
Floor Space Ratio Map means the Orange Local Environmental Plan 2011 Floor Space Ratio Map.
food and drink premises means premises that are used for the preparation and retail sale of food or drink (or both) for immediate consumption on or off the premises, and includes any of the following—
(a) a restaurant or cafe,
(b) take away food and drink premises,
(c) a pub,
(d) a small bar.
Note—
Food and drink premises are a type of retail premises—see the definition of that term in this Dictionary.
forestry means forestry operations within the meaning of the Forestry Act 2012 or Part 5B of the Local Land Services Act 2013.
freight transport facility means a facility used principally for the bulk handling of goods for transport by road, rail, air or sea, including any facility for the loading and unloading of vehicles, aircraft, vessels or containers used to transport those goods and for the parking, holding, servicing or repair of those vehicles, aircraft or vessels or for the engines or carriages involved.
function centre means a building or place used for the holding of events, functions, conferences and the like, and includes convention centres, exhibition centres and reception centres, but does not include an entertainment facility.
funeral home means premises that are used to arrange, conduct and cater for funerals and memorial services, whether or not the premises include facilities for the short-term storage, dressing and viewing of bodies of deceased persons.
Note—
Funeral homes are a type of business premises—see the definition of that term in this Dictionary.
garden centre means a building or place the principal purpose of which is the retail sale of plants and landscaping and gardening supplies and equipment. It may include a restaurant or cafe and the sale of any of the following—
(a) outdoor furniture and furnishings, barbecues, shading and awnings, pools, spas and associated supplies, and items associated with the construction and maintenance of outdoor areas,
(b) pets and pet supplies,
(c) fresh produce.
Note—
Garden centres are a type of retail premises—see the definition of that term in this Dictionary.
general industry means a building or place (other than a heavy industry or light industry) that is used to carry out an industrial activity.
Note—
General industries are a type of industry—see the definition of that term in this Dictionary.
gross floor area means the sum of the floor area of each floor of a building measured from the internal face of external walls, or from the internal face of walls separating the building from any other building, measured at a height of 1.4 metres above the floor, and includes—but excludes—
(a) the area of a mezzanine, and
(b) habitable rooms in a basement or an attic, and
(c) any shop, auditorium, cinema, and the like, in a basement or attic,
(d) any area for common vertical circulation, such as lifts and stairs, and
(e) any basement—(i) storage, and(ii) vehicular access, loading areas, garbage and services, and
(f) plant rooms, lift towers and other areas used exclusively for mechanical services or ducting, and
(g) car parking to meet any requirements of the consent authority (including access to that car parking), and
(h) any space used for the loading or unloading of goods (including access to it), and
(i) terraces and balconies with outer walls less than 1.4 metres high, and
(j) voids above a floor at the level of a storey or storey above.
ground level (existing) means the existing level of a site at any point.
ground level (finished) means, for any point on a site, the ground surface after completion of any earthworks (excluding any excavation for a basement, footings or the like) for which consent has been granted or that is exempt development.
ground level (mean) means, for any site on which a building is situated or proposed, one half of the sum of the highest and lowest levels at ground level (finished) of the outer surface of the external walls of the building.
Groundwater Vulnerability Map means the Orange Local Environmental Plan 2011 Ground 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—but does not include development to which State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 applies.
(a) that is occupied by persons as a single household with or without paid supervision or care and whether or not those persons are related or payment for board and lodging is required, and
(b) that is used to provide permanent household accommodation for people with a disability or people who are socially disadvantaged,
Note—
Permanent group homes are a type of group home—see the definition of that term in this Dictionary.
group home (transitional) or transitional group home means a dwelling—but does not include development to which State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 applies.
(a) that is occupied by persons as a single household with or without paid supervision or care and whether or not those persons are related or payment for board and lodging is required, and
(b) that is used to provide temporary accommodation for the relief or rehabilitation of people with a disability or for drug or alcohol rehabilitation purposes, or that is used to provide half-way accommodation for persons formerly living in institutions or temporary accommodation comprising refuges for men, women or young people,
Note—
Transitional group homes are a type of group home—see the definition of that term in this Dictionary.
hardware and building supplies means a building or place the principal purpose of which is the sale or hire of goods or materials, such as household fixtures, timber, tools, paint, wallpaper, plumbing supplies and the like, that are used in the construction and maintenance of buildings and adjacent outdoor areas.
Note—
Hardware and building supplies are a type of retail premises—see the definition of that term in this Dictionary.
hazardous industry means a building or place used to carry out an industrial activity that would, when carried out and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the activity from existing or likely future development on other land in the locality), pose a significant risk in the locality—
(a) to human health, life or property, or
(b) to the biophysical environment.
Note—
Hazardous industries are a type of heavy industry—see the definition of that term in this Dictionary.
hazardous storage establishment means a building or place that is used for the storage of goods, materials or products and that would, when in operation and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the building or place from existing or likely future development on other land in the locality), pose a significant risk in the locality—
(a) to human health, life or property, or
(b) to the biophysical environment.
Note—
Hazardous storage establishments are a type of heavy industrial storage establishment—see the definition of that term in this Dictionary.
headland includes a promontory extending from the general line of the coastline into a large body of water, such as a sea, coastal lake or bay.
health care professional means any person registered under an Act for the purpose of providing health care.
health consulting rooms means premises comprising one or more rooms within (or within the curtilage of) a dwelling house used by not more than 3 health care professionals at any one time.
Note—
Health consulting rooms are a type of health services facility—see the definition of that term in this Dictionary.
health services facility means a building or place used to provide medical or other services relating to the maintenance or improvement of the health, or the restoration to health, of persons or the prevention of disease in or treatment of injury to persons, and includes any of the following—
(a) a medical centre,
(b) community health service facilities,
(c) health consulting rooms,
(d) patient transport facilities, including helipads and ambulance facilities,
(e) hospital.
heavy industrial storage establishment means a building or place used for the storage of goods, materials, plant or machinery for commercial purposes and that requires separation from other development because of the nature of the processes involved, or the goods, materials, plant or machinery stored, and includes any of the following—
(a) a hazardous storage establishment,
(b) a liquid fuel depot,
(c) an offensive storage establishment.
heavy industry means a building or place used to carry out an industrial activity that requires separation from other development because of the nature of the processes involved, or the materials used, stored or produced, and includes—It may also involve the use of a hazardous storage establishment or offensive storage establishment.
(a) hazardous industry, or
(b) offensive industry.
Note—
Heavy industries are a type of industry—see the definition of that term in this Dictionary.
Height of Buildings Map means the Orange Local Environmental Plan 2011 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—and includes any heritage items situated on or within that area.
(a) shown on the Heritage Map as a heritage conservation area, and
(b) the location and nature of which is described in Schedule 5,
heritage conservation management plan means a document prepared in accordance with guidelines prepared by the 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 Orange Local Environmental Plan 2011 Heritage Map.
heritage significance means historical, scientific, cultural, social, archaeological, architectural, natural or aesthetic value.
high technology industry means a building or place predominantly used to carry out an industrial activity that involves any of the following—but does not include a building or place used to carry out an industrial activity that presents a hazard or potential hazard to the neighbourhood or that, because of the scale and nature of the processes involved, interferes with the amenity of the neighbourhood.
(a) electronic or micro-electronic systems, goods or components,
(b) information technology (such as computer software or hardware),
(c) instrumentation or instruments of a scientific, industrial, technological, medical or similar nature,
(d) biological, pharmaceutical, medical or paramedical systems, goods or components,
(e) film, television or multi-media technologies, including any post production systems, goods or components,
(f) telecommunications systems, goods or components,
(g) sustainable energy technologies,
(h) any other goods, systems or components intended for use in a science or technology related field,
Note—
High technology industries are a type of light industry—see the definition of that term in this Dictionary.
highway service centre means a building or place used to provide refreshments and vehicle services to highway users. It may include any one or more of the following—
(a) a restaurant or cafe,
(b) take away food and drink premises,
(c) service stations and facilities for emergency vehicle towing and repairs,
(d) parking for vehicles,
(e) rest areas and public amenities.
home-based child care means a 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, whether or not involving the sale of items online, carried on in a dwelling, or in a building ancillary to a dwelling, by 1 or more permanent residents of the dwelling and not involving the following—but does not include bed and breakfast accommodation, home occupation (sex services) or sex services premises.
(a) the employment of more than 2 persons other than the residents,
(b) interference with the amenity of the neighbourhood because 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 adjacent premises or from a public place, of unsightly matter,
(d) the exhibition of signage, other than a business identification sign,
(e) the retail sale of, or the exposure or offer for retail sale of, items, whether goods or materials, not produced at the dwelling or building, other than by online retailing,
Note—
See clause 5.4 for controls relating to the floor area used for a home business.
home industry means an industrial activity, whether or not involving the sale of items online, carried on in a dwelling, or in a building ancillary to a dwelling, by 1 or more permanent residents of the dwelling and not involving the following—but does not include bed and breakfast accommodation or sex services premises.
(a) the employment of more than 2 persons other than the residents,
(b) interference with the amenity of the neighbourhood because 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 adjacent premises or from a public place, of unsightly matter,
(d) the exhibition of signage, other than a business identification sign,
(e) the retail sale of, or the exposure or offer for retail sale of, items, whether goods or materials, not produced at the dwelling or building, other than by online retailing,
Note—
See clause 5.4 for controls relating to the floor area used for a home industry.
Home industries are a type of light industry—see the definition of that term in this Dictionary.
home occupation means an occupation that is carried on in a dwelling, or in a building ancillary to a dwelling, by one or more permanent residents of the dwelling and that does not involve—but does not include bed and breakfast accommodation, home occupation (sex services) or sex services premises.
(a) the employment of persons other than those residents, or
(b) interference with the amenity of the neighbourhood by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, traffic generation or otherwise, or
(c) the display of goods, whether in a window or otherwise, or
(d) the exhibition of any signage (other than a business identification sign), or
(e) the sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail,
home occupation (sex services) means the provision of sex services in a dwelling that is a brothel, or in a building that is a brothel and is ancillary to such a dwelling, by no more than 2 permanent residents of the dwelling and that does not involve—but does not include a home business or sex services premises.
(a) the employment of persons other than those residents, or
(b) interference with the amenity of the neighbourhood by reason of the emission of noise, traffic generation or otherwise, or
(c) the exhibition of any signage, or
(d) the sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail,
horticulture means the cultivation of fruits, vegetables, mushrooms, nuts, cut flowers and foliage and nursery products for commercial purposes, but does not include a plant nursery, turf farming or viticulture.
Note—
Horticulture is a type of intensive plant agriculture—see the definition of that term in this Dictionary.
hospital means a building or place used for the purpose of providing professional health care services (such as preventative or convalescent care, diagnosis, medical or surgical treatment, psychiatric care or care for people with disabilities, or counselling services provided by health care professionals) to people admitted as in-patients (whether or not out-patients are also cared for or treated there), and includes ancillary facilities for (or that consist of) any of the following—
(a) day surgery, day procedures or health consulting rooms,
(b) accommodation for nurses or other health care workers,
(c) accommodation for persons receiving health care or for their visitors,
(d) shops, kiosks, restaurants or cafes or take away food and drink premises,
(e) patient transport facilities, including helipads, ambulance facilities and car parking,
(f) educational purposes or any other health-related use,
(g) research purposes (whether or not carried out by hospital staff or health care workers or for commercial purposes),
(h) chapels,
(i) hospices,
(j) mortuaries.
Note—
Hospitals are a type of health services facility—see the definition of that term in this Dictionary.
hostel means premises that are generally staffed by social workers or support providers and at which—
(a) residential accommodation is provided in dormitories, or on a single or shared basis, or by a combination of them, and
(b) cooking, dining, laundering, cleaning and other facilities are provided on a shared basis.
Note—
Hostels are a type of residential accommodation—see the definition of that term in this Dictionary.
hotel or motel accommodation means a building or place (whether or not licensed premises under the Liquor Act 2007) that provides temporary or short-term accommodation on a commercial basis and that—but does not include backpackers’ accommodation, a boarding house, bed and breakfast accommodation or farm stay accommodation.
(a) comprises rooms or self-contained suites, and
(b) may provide meals to guests or the general public and facilities for the parking of guests’ vehicles,
Note—
Hotel or motel accommodation is a type of tourist and visitor accommodation—see the definition of that term in this Dictionary.
industrial activity means the manufacturing, production, assembling, altering, formulating, repairing, renovating, ornamenting, finishing, cleaning, washing, dismantling, transforming, processing, recycling, adapting or servicing of, or the research and development of, any goods, substances, food, products or articles for commercial purposes, and includes any storage or transportation associated with any such activity.
industrial retail outlet means a building or place that—but does not include a warehouse or distribution centre.
(a) is used in conjunction with an industry (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,
Note—
See clause 5.4 for controls relating to the retail floor area of an industrial retail outlet.
industrial training facility means a building or place used in connection with vocational training in an activity (such as forklift or truck driving, welding or carpentry) that is associated with an industry, rural industry, extractive industry or mining, but does not include an educational establishment, business premises or retail premises.
industry means any of the following—but does not include—
(a) general industry,
(b) heavy industry,
(c) light industry,
(d) rural industry, or
(e) extractive industry, or
(f) mining.
information and education facility means a building or place used for providing information or education to visitors, and the exhibition or display of items, and includes an art gallery, museum, library, visitor information centre and the like.
intensive livestock agriculture means the keeping or breeding, for commercial purposes, of cattle, poultry, pigs, goats, horses, sheep or other livestock, and includes any of the following—but does not include extensive agriculture, aquaculture or the operation of facilities for drought or similar emergency relief.
(a) dairies (restricted),
(b) feedlots,
(c) pig farms,
(d) poultry farms,
Note—
Intensive livestock agriculture is a type of agriculture—see the definition of that term in this Dictionary.
intensive plant agriculture means any of the following—
(a) the cultivation of irrigated crops for commercial purposes (other than irrigated pasture or fodder crops),
(b) horticulture,
(c) turf farming,
(d) viticulture.
Note—
Intensive plant agriculture is a type of agriculture—see the definition of that term in this Dictionary.
jetty means a horizontal decked walkway providing access from the shore to the waterway and is generally constructed on a piered or piled foundation.
kiosk means premises that are used for the purposes of selling food, light refreshments and other small convenience items such as newspapers, films and the like.
Note—
See clause 5.4 for controls relating to the gross floor area of a kiosk.
Kiosks are a type of retail premises—see the definition of that term in this Dictionary.
Land Application Map means the Orange Local Environmental Plan 2011 Land Application Map.
Land Reservation Acquisition Map means the Orange Local Environmental Plan 2011 Land Reservation Acquisition Map.
Land Zoning Map means the Orange Local Environmental Plan 2011 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 Orange Local Environmental Plan 2011 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.
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.
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.
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 infrastructure, in relation to an urban release area, includes infrastructure for any of the following—
(a) the supply of water,
(b) the supply of electricity,
(c) the disposal and management of sewage.
public utility undertaking means any of the following undertakings carried on or permitted to be carried on by or by authority of any Public Service agency or under the authority of or in pursuance of any Commonwealth or State Act—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.
(a) railway, road transport, water transport, air transport, wharf or river undertakings,
(b) undertakings for the supply of water, hydraulic power, electricity or gas or the provision of sewerage or drainage services,
rainwater tank means a tank designed for the storage of rainwater gathered on the land on which the tank is situated.
recreation area means a place used for outdoor recreation that is normally open to the public, and includes—and any ancillary buildings, but does not include a recreation facility (indoor), recreation facility (major) or recreation facility (outdoor).
(a) a children’s playground, or
(b) an area used for community sporting activities, or
(c) a public park, reserve or garden or the like,
recreation facility (indoor) means a building or place used predominantly for indoor recreation, whether or not operated for the purposes of gain, including a squash court, indoor swimming pool, gymnasium, table tennis centre, health studio, bowling alley, ice rink or any other building or place of a like character used for indoor recreation, but does not include an entertainment facility, a recreation facility (major) or a registered club.
recreation facility (major) means a building or place used for large-scale sporting or recreation activities that are attended by large numbers of people whether regularly or periodically, and includes theme parks, sports stadiums, showgrounds, racecourses and motor racing tracks.
recreation facility (outdoor) means a building or place (other than a recreation area) used predominantly for outdoor recreation, whether or not operated for the purposes of gain, including a golf course, golf driving range, mini-golf centre, tennis court, paint-ball centre, lawn bowling green, outdoor swimming pool, equestrian centre, skate board ramp, go-kart track, rifle range, water-ski centre or any other building or place of a like character used for outdoor recreation (including any ancillary buildings), but does not include an entertainment facility or a recreation facility (major).
Reduced Level (RL) means height above the Australian Height Datum, being the datum surface approximating mean sea level that was adopted by the National Mapping Council of Australia in May 1971.
registered club means a club that holds a club licence under the Liquor Act 2007.
relic has the same meaning as in the Heritage Act 1977.
Note—
The term is defined as follows—
relic means any deposit, artefact, object or material evidence that—
(a) relates to the settlement of the area that comprises New South Wales, not being Aboriginal settlement, and
(b) is of State or local heritage significance.
research station means a building or place operated by a public authority for the principal purpose of agricultural, environmental, fisheries, forestry, minerals or soil conservation research, and includes any associated facility for education, training, administration or accommodation.
residential accommodation means a building or place used predominantly as a place of residence, and includes any of the following—but does not include tourist and visitor accommodation or caravan parks.
(a) attached dwellings,
(b) boarding houses,
(c) dual occupancies,
(d) dwelling houses,
(e) group homes,
(f) hostels,
(g) multi dwelling housing,
(h) residential flat buildings,
(i) rural workers’ dwellings,
(j) secondary dwellings,
(k) semi-detached dwellings,
(l) seniors housing,
(m) shop top housing,
residential care facility means accommodation for seniors or people with a disability that includes—but does not include a dwelling, hostel, hospital or psychiatric facility.
(a) meals and cleaning services, and
(b) personal care or nursing care, or both, and
(c) appropriate staffing, furniture, furnishings and equipment for the provision of that accommodation and care,
Note—
Residential care facilities are a type of seniors housing—see the definition of that term in this Dictionary.
residential flat building means a building containing 3 or more dwellings, but does not include an attached dwelling or multi dwelling housing.
Note—
Residential flat buildings are a type of residential accommodation— see the definition of that term in this Dictionary.
resource recovery facility means a building or place used for the recovery of resources from waste, including works or activities such as separating and sorting, processing or treating the waste, composting, temporary storage, transfer or sale of recovered resources, energy generation from gases and water treatment, but not including re-manufacture or disposal of the material by landfill or incineration.
Note—
Resource recovery facilities are a type of waste or resource management facility—see the definition of that term in this Dictionary.
respite day care centre means a building or place that is used for the care of seniors or people who have a disability and that does not provide overnight accommodation for people other than those related to the owner or operator of the centre.
restaurant or cafe means a building or place the principal purpose of which is the preparation and serving, on a retail basis, of food and drink to people for consumption on the premises, whether or not liquor, 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—but does not include highway service centres, service stations, industrial retail outlets or restricted premises.
(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,
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—and that is, or is intended to be, used permanently for—but does not include a hospital.
(a) a residential care facility, or
(b) a hostel within the meaning of clause 12 of State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004, or
(c) a group of self-contained dwellings, or
(d) a combination of any of the buildings or places referred to in paragraphs (a)–(c),
(e) seniors or people who have a disability, or
(f) people who live in the same household with seniors or people who have a disability, or
(g) staff employed to assist in the administration of the building or place or in the provision of services to persons living in the building or place,
Note—
Seniors housing is a type of residential accommodation—see the definition of that term in this Dictionary.
service station means a building or place used for the sale by retail of fuels and lubricants for motor vehicles, whether or not the building or place is also used for any one or more of the following—
(a) the ancillary sale by retail of spare parts and accessories for motor vehicles,
(b) the cleaning of motor vehicles,
(c) installation of accessories,
(d) inspecting, repairing and servicing of motor vehicles (other than body building, panel beating, spray painting, or chassis restoration),
(e) the ancillary retail selling or hiring of general merchandise or services or both.
serviced apartment means a building (or part of a building) providing self-contained accommodation to tourists or visitors on a commercial basis and that is regularly serviced or cleaned by the owner or manager of the building or part of the building or the owner’s or manager’s agents.
Note—
Serviced apartments are a type of tourist and visitor accommodation—see the definition of that term in this Dictionary.
sewage reticulation system means a building or place used for the collection and transfer of sewage to a sewage treatment plant or water recycling facility for treatment, or transfer of the treated waste for use or disposal, including associated—
(a) pipelines and tunnels, and
(b) pumping stations, and
(c) dosing facilities, and
(d) odour control works, and
(e) sewage overflow structures, and
(f) vent stacks.
Note—
Sewage reticulation systems are a type of sewerage system—see the definition of that term in this Dictionary.
sewage treatment plant means a building or place used for the treatment and disposal of sewage, whether or not the facility supplies recycled water for use as an alternative water supply.
Note—
Sewage treatment plants are a type of sewerage system—see the definition of that term in this Dictionary.
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—but does not include a traffic sign or traffic control facilities.
(a) an advertising structure,
(b) a building identification sign,
(c) a business identification sign,
site area means the area of any land on which development is or is to be carried out. The land may include the whole or part of one lot, or more than one lot if they are contiguous to each other, but does not include the area of any land on which development is not permitted to be carried out under this Plan.
Note—
The effect of this definition is varied by clause 4.5 for the purpose of the determination of permitted floor space area for proposed development.
site coverage means the proportion of a site area covered by buildings. However, the following are not included for the purpose of calculating site coverage—
(a) any basement,
(b) any part of an awning that is outside the outer walls of a building and that adjoins the street frontage or other site boundary,
(c) any eaves,
(d) unenclosed balconies, decks, pergolas and the like.
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—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.
(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,
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—and includes a spa pool, but does not include a spa bath, anything that is situated within a bathroom or anything declared by the regulations made under the Swimming Pools Act 1992 not to be a swimming pool for the purposes of that Act.
(a) that is capable of being filled with water to a depth of 300 millimetres or more, and
(b) that is solely or principally used, or that is designed, manufactured or adapted to be solely or principally used, for the purpose of swimming, wading, paddling or any other human aquatic activity,
take away food and drink premises means premises that are predominantly used for the preparation and retail sale of food or drink (or both) for immediate consumption away from the premises.
Note—
Take away food and drink premises are a type of food and drink premises—see the definition of that term in this Dictionary.
tank-based aquaculture means aquaculture undertaken exclusively in tanks, but not including natural water-based aquaculture.
Note—
Tank-based aquaculture is a type of aquaculture—see the definition of that term in this Dictionary. Typical tank-based aquaculture is the tank culture of barramundi or abalone.
telecommunications facility means—
(a) any part of the infrastructure of a telecommunications network, or
(b) any line, cable, optical fibre, fibre access node, interconnect point equipment, apparatus, tower, mast, antenna, dish, tunnel, duct, hole, pit, pole or other structure in connection with a telecommunications network, or
(c) any other thing used in or in connection with a telecommunications network.
telecommunications network means a system, or series of systems, that carries, or is capable of carrying, communications by means of guided or unguided electromagnetic energy, or both.
temporary structure has the same meaning as in the Act.
Note—
The term is defined as follows—
temporary structure includes a booth, tent or other temporary enclosure (whether or not part of the booth, tent or enclosure is permanent), and also includes a mobile structure.
Terrestrial Biodiversity Map means the Orange Local Environmental Plan 2011 Terrestrial Biodiversity Map.
the Act means the Environmental Planning and Assessment Act 1979.
timber yard means a building or place the principal purpose of which is the sale of sawn, dressed or treated timber, wood fibre boards or similar timber products. It may include the cutting of such timber, boards or products to order and the sale of hardware, paint, tools and materials used in conjunction with the use and treatment of timber.
Note—
Timber yards are a type of retail premises—see the definition of that term in this Dictionary.
tourist and visitor accommodation means a building or place that provides temporary or short-term accommodation on a commercial basis, and includes any of the following—but does not include—
(a) backpackers’ accommodation,
(b) bed and breakfast accommodation,
(c) farm stay accommodation,
(d) hotel or motel accommodation,
(e) serviced apartments,
(f) camping grounds, or
(g) caravan parks, or
(h) eco-tourist facilities.
transport depot means a building or place used for the parking or servicing of motor powered or motor drawn vehicles used in connection with a business, industry, shop or passenger or freight transport undertaking.
truck depot means a building or place used for the servicing and parking of trucks, earthmoving machinery and the like.
turf farming means the commercial cultivation of turf for sale and the removal of turf for that purpose.
Note—
Turf farming is a type of intensive plant agriculture—see the definition of that term in this Dictionary.
underground mining means—but does not include open cut mining.
(a) mining carried out beneath the earth’s surface, including bord and pillar mining, longwall mining, top-level caving, sub-level caving and auger mining, and
(b) shafts, drill holes, gas and water drainage works, surface rehabilitation works and access pits associated with that mining (whether carried out on or beneath the earth’s surface),
urban release area means an area of land identified as “Urban Release Area” on the Urban Release Area Map.
Urban Release Area Map means the Orange Local Environmental Plan 2011 Urban Release Area Map.
vehicle body repair workshop means a building or place used for the repair of vehicles or agricultural machinery, involving body building, panel building, panel beating, spray painting or chassis restoration.
vehicle repair station means a building or place used for the purpose of carrying out repairs to, or the selling and fitting of accessories to, vehicles or agricultural machinery, but does not include a vehicle body repair workshop or vehicle sales or hire premises.
vehicle sales or hire premises means a building or place used for the display, sale or hire of motor vehicles, caravans, boats, trailers, agricultural machinery and the like, whether or not accessories are sold or displayed there.
Note—
Vehicle sales or hire premises are a type of retail premises—see the definition of that term in this Dictionary.
veterinary hospital means a building or place used for diagnosing or surgically or medically treating animals, whether or not animals are kept on the premises for the purpose of treatment.
viticulture means the cultivation of grapes for use in the commercial production of fresh or dried fruit or wine.
Note—
Viticulture is a type of intensive plant agriculture—see the definition of that term in this Dictionary.
warehouse or distribution centre means a building or place used mainly or exclusively for storing or handling items (whether goods or materials) pending their sale, but from which no retail sales are made, and includes local distribution premises.
waste disposal facility means a building or place used for the disposal of waste by landfill, incineration or other means, including such works or activities as recycling, resource recovery and other resource management activities, energy generation from gases, leachate management, odour control and the winning of extractive material to generate a void for disposal of waste or to cover waste after its disposal.
Note—
Waste disposal facilities are a type of waste or resource management facility—see the definition of that term in this Dictionary.
waste or resource management facility means any of the following—
(a) a resource recovery facility,
(b) a waste disposal facility,
(c) a waste or resource transfer station,
(d) a building or place that is a combination of any of the things referred to in paragraphs (a)–(c).
waste or resource transfer station means a building or place used for the collection and transfer of waste material or resources, including the receipt, sorting, compacting, temporary storage and distribution of waste or resources and the loading or unloading of waste or resources onto or from road or rail transport.
Note—
Waste or resource transfer stations are a type of waste or resource management facility—see the definition of that term in this Dictionary.
water recreation structure means a structure used primarily for recreational purposes that has a direct structural connection between the shore and the waterway, and may include a pier, wharf, jetty or boat launching ramp.
water recycling facility means a building or place used for the treatment of sewage effluent, stormwater or waste water for use as an alternative supply to mains water, groundwater or river water (including, in particular, sewer mining works), whether the facility stands alone or is associated with other development, and includes associated—
(a) retention structures, and
(b) treatment works, and
(c) irrigation schemes.
Note—
Water recycling facilities are a type of sewerage system—see the definition of that term in this Dictionary.
water reticulation system means a building or place used for the transport of water, including pipes, tunnels, canals, pumping stations, related electricity infrastructure and dosing facilities.
Note—
Water reticulation systems are a type of water supply system—see the definition of that term in this Dictionary.
water storage facility means a dam, weir or reservoir for the collection and storage of water, and includes associated monitoring or gauging equipment.
Note—
Water storage facilities are a type of water supply system—see the definition of that term in this Dictionary.
water supply system means any of the following—
(a) a water reticulation system,
(b) a water storage facility,
(c) a water treatment facility,
(d) a building or place that is a combination of any of the things referred to in paragraphs (a)–(c).
water treatment facility means a building or place used for the treatment of water (such as a desalination plant or a recycled or reclaimed water plant) whether the water produced is potable or not, and includes residuals treatment, storage and disposal facilities, but does not include a water recycling facility.
Note—
Water treatment facilities are a type of water supply system—see the definition of that term in this Dictionary.
waterbody means a waterbody (artificial) or waterbody (natural).
waterbody (artificial) or artificial waterbody means an artificial body of water, including any constructed waterway, canal, inlet, bay, channel, dam, pond, lake or artificial wetland, but does not include a dry detention basin or other stormwater management construction that is only intended to hold water intermittently.
waterbody (natural) or natural waterbody means a natural body of water, whether perennial or intermittent, fresh, brackish or saline, the course of which may have been artificially modified or diverted onto a new course, and includes a river, creek, stream, lake, lagoon, natural wetland, estuary, bay, inlet or tidal waters (including the sea).
watercourse means any river, creek, stream or chain of ponds, whether artificially modified or not, in which water usually flows, either continuously or intermittently, in a defined bed or channel, but does not include a waterbody (artificial).
Watercourse Map means the Orange Local Environmental Plan 2011 Watercourse Map.
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.