Queanbeyan-Palerang Regional Local Environmental Plan 2022



Part 1 Preliminary
1.1AA   Commencement
This Plan commences on 14 November 2022 and is required to be published on the NSW legislation website.
1.2   Aims of Plan
(1)  This Plan aims to make local environmental planning provisions for land in the Queanbeyan-Palerang Regional local government area 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 protect and improve the economic, environmental, social and cultural resources and prospects of the community,
(b)  to facilitate the orderly and economic use and development of land having regard to ecological sustainability principles,
(c)  to provide for a diversity of housing to meet the needs of the community into the future,
(d)  to provide for a hierarchy of retail, commercial and industrial land uses that encourage economic and business development that caters for the retail, commercial and service needs of the community,
(e)  to keep and protect important natural habitat and biodiversity,
(f)  to protect water quality, aquifers and waterways,
(g)  to keep, protect and encourage sustainable primary industry and associated commerce in rural areas,
(h)  to identify and protect the cultural heritage of the area, including the built heritage and the Aboriginal heritage,
(i)  to protect important scenic quality, views and vistas,
(j)  to facilitate the orderly growth of urban release areas,
(k)  to ensure development does not unreasonably increase the demand for public services or public facilities,
(l)  to identify, protect and provide areas for community health and recreational activities.
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 NSW Planning Portal. 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.
(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 the Act, Division 3.5, 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.
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)  [Not applicable]
Part 2 Permitted or prohibited development
2.1   Land use zones
The land use zones under this Plan are as follows—
Rural Zones
RU1 Primary Production
RU2 Rural Landscape
RU3 Forestry
RU5 Village
Residential Zones
R1 General Residential
R2 Low Density Residential
R3 Medium Density Residential
R4 High Density Residential
R5 Large Lot Residential
Business Zones
B1 Neighbourhood Centre
B2 Local Centre
B3 Commercial Core
B4 Mixed Use
B5 Business Development
B7 Business Park
Industrial Zones
IN1 General Industrial
IN2 Light Industrial
Special Purpose Zones
SP1 Special Activities
SP2 Infrastructure
Recreation Zones
RE1 Public Recreation
RE2 Private Recreation
Conservation Zones
C1 National Parks and Nature Reserves
C2 Environmental Conservation
C3 Environmental Management
C4 Environmental Living
Waterway Zones
W1 Natural Waterways
2.2   Zoning of land to which Plan applies
For the purposes of this Plan, land is within the zones shown on the Land Zoning Map.
2.3   Zone objectives and Land Use Table
(1)  The Land Use Table at the end of this Part specifies for each zone—
(a)  the objectives for development, and
(b)  development that may be carried out without development consent, and
(c)  development that may be carried out only with development consent, and
(d)  development that is prohibited.
(2)  The consent authority must have regard to the objectives for development in a zone when determining a development application in respect of land within the zone.
(3)  In the Land Use Table at the end of this Part—
(a)  a reference to a type of building or other thing is a reference to development for the purposes of that type of building or other thing, and
(b)  a reference to a type of building or other thing does not include (despite any definition in this Plan) a reference to a type of building or other thing referred to separately in the Land Use Table in relation to the same zone.
(4)  This clause is subject to the other provisions of this Plan.
Notes—
1   
Schedule 1 sets out additional permitted uses for particular land.
2   
Schedule 2 sets out exempt development (which is generally exempt from both Parts 4 and 5 of the Act). Development in the land use table that may be carried out without consent is nevertheless subject to the environmental assessment and approval requirements of Part 5 of the Act.
3   
Schedule 3 sets out complying development (for which a complying development certificate may be issued as an alternative to obtaining development consent).
4   
Clause 2.6 requires consent for subdivision of land.
5   
Parts 5–7 contain other provisions which require consent for particular development.
2.4   Unzoned land
(1)  Development may be carried out on unzoned land only with development consent.
(2)  In deciding whether to grant development consent, the consent authority—
(a)  must consider whether the development will impact on adjoining zoned land and, if so, consider the objectives for development in the zones of the adjoining land, and
(b)  must be satisfied that the development is appropriate and is compatible with permissible land uses in any such adjoining land.
2.5   Additional permitted uses for particular land
(1)  Development on particular land that is described or referred to in Schedule 1 may be carried out—
(a)  with development consent, or
(b)  if the Schedule so provides—without development consent,
in accordance with the conditions (if any) specified in that Schedule in relation to that development.
(2)  This clause has effect despite anything to the contrary in the Land Use Table or other provision of this Plan.
2.6   Subdivision—consent requirements
(1)  Land to which this Plan applies may be subdivided, but only with development consent.
Notes—
1   
If a subdivision is specified as exempt development in an applicable environmental planning instrument, such as this Plan or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, the Act enables it to be carried out without development consent.
2   
Part 6 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 provides that the strata subdivision of a building in certain circumstances is complying development.
(2)  Development consent must not be granted for the subdivision of land on which a secondary dwelling is situated if the subdivision would result in the principal dwelling and the secondary dwelling being situated on separate lots, unless the resulting lots are not less than the minimum size shown on the Lot Size Map in relation to that land.
Note—
The definition of secondary dwelling in the Dictionary requires the dwelling to be on the same lot of land as the principal dwelling.
2.7   Demolition requires development consent
The demolition of a building or work may be carried out only with development consent.
Note—
If the demolition of a building or work is identified in an applicable environmental planning instrument, such as this Plan or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, as exempt development, the Act enables it to be carried out without development consent.
2.8   Temporary use of land
(1)  The objective of this clause is to provide for the temporary use of land if the use does not compromise future development of the land, or have detrimental economic, social, amenity or environmental effects on the land.
(2)  Despite any other provision of this Plan, development consent may be granted for development on land in any zone for a temporary use for a maximum period of 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—
State environmental planning policies, including the following, may be relevant to development on land to which this Plan applies—
State Environmental Planning Policy (Transport and Infrastructure) 2021, Chapter 2—relating to infrastructure facilities, including air transport, correction, education, electricity generating works and solar energy systems, health services, ports, railways, roads, waste management and water supply systems
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 minimise the impact of development on the natural environment.
  To ensure development does not unreasonably increase the demand for public services or public facilities.
2   Permitted without consent
Extensive agriculture; Home businesses; Home occupations
3   Permitted with consent
Airstrips; Animal boarding or training establishments; Aquaculture; Backpackers’ accommodation; Bed and breakfast accommodation; Biosolids treatment facilities; Building identification signs; Business identification signs; Caravan parks; Cellar door premises; Cemeteries; Community facilities; Crematoria; Depots; Dual occupancies; Dwelling houses; Eco-tourist facilities; Environmental facilities; Environmental protection works; Extractive industries; Farm buildings; Farm stay accommodation; Flood mitigation works; Forestry; Function centres; Garden centres; Helipads; Home-based child care; Home industries; Hotel or motel accommodation; Industrial training facilities; Information and education facilities; Intensive livestock agriculture; Intensive plant agriculture; Neighbourhood shops; Open cut mining; Places of public worship; Plant nurseries; Recreation areas; Recreation facilities (outdoor); Restaurants or cafes; Roads; Roadside stalls; Rural industries; Rural workers’ dwellings; Secondary dwellings; Service stations; Sewage treatment plants; Truck depots; Veterinary hospitals; Water recycling facilities; Water supply systems
4   Prohibited
Any development not specified in item 2 or 3
Zone RU2   Rural Landscape
1   Objectives of zone
  To encourage sustainable primary industry production by maintaining and enhancing the natural resource base.
  To maintain the rural landscape character of the land.
  To provide for a range of compatible land uses, including extensive agriculture.
2   Permitted without consent
Environmental protection works; Extensive agriculture; Home-based child care; Home businesses; Home occupations
3   Permitted with consent
Airstrips; Animal boarding or training establishments; Aquaculture; Bed and breakfast accommodation; Building identification signs; Business identification signs; Cellar door premises; Cemeteries; Community facilities; Crematoria; Dual occupancies; Dwelling houses; Entertainment facilities; Environmental facilities; Farm buildings; Farm stay accommodation; Flood mitigation works; Function centres; Helipads; Home industries; Information and education facilities; Intensive livestock agriculture; Intensive plant agriculture; Landscaping material supplies; Markets; Plant nurseries; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Roads; Roadside stalls; Rural industries; Rural supplies; Secondary dwellings; Transport depots; Veterinary hospitals; Water supply systems
4   Prohibited
Any development not specified in item 2 or 3
Zone RU3   Forestry
1   Objectives of zone
  To enable development for forestry purposes.
  To enable other development that is compatible with forestry land uses.
2   Permitted without consent
Roads; Uses authorised under the Forestry Act 2012 or under Part 5B (Private native forestry) of the Local Land Services Act 2013
3   Permitted with consent
Aquaculture
4   Prohibited
Any development not specified in item 2 or 3
Zone RU5   Village
1   Objectives of zone
  To provide for a range of land uses, services and facilities that are associated with a rural village.
  To encourage design and development that enhances the streetscape and village character.
  To ensure development complements the character and amenity of the locality.
  To ensure non-residential uses do not result in adverse impacts on the amenity of existing and future residential premises.
2   Permitted without consent
Home businesses; Home occupations
3   Permitted with consent
Amusement centres; Attached dwellings; Car parks; Caravan parks; Cemeteries; Centre-based child care facilities; Commercial premises; Community facilities; Crematoria; Depots; Dual occupancies; Dwelling houses; Electricity generating works; Entertainment facilities; Environmental facilities; Environmental protection works; Flood mitigation works; Freight transport facilities; Function centres; Group homes; Home-based child care; Home industries; Industrial training facilities; Information and education facilities; Light industries; Local distribution premises; Neighbourhood shops; Oyster aquaculture; Passenger transport facilities; Places of public worship; Public administration buildings; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Registered clubs; Respite day care centres; Roads; Schools; Secondary dwellings; Self-storage units; Semi-detached dwellings; Service stations; Sewage treatment plants; Shop top housing; Signage; Tank-based aquaculture; Tourist and visitor accommodation; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Veterinary hospitals; Waste or resource management facilities; Water recycling facilities; Water supply systems; Wholesale supplies
4   Prohibited
Serviced apartments; Waste disposal facilities; 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 complements the character and amenity of the locality.
  To ensure buildings with non-residential uses have a bulk and scale that is compatible with the zone’s predominantly residential character.
2   Permitted without consent
Home businesses; Home occupations
3   Permitted with consent
Attached dwellings; Backpackers’ accommodation; Bed and breakfast accommodation; Boarding houses; Building identification signs; Business identification signs; Centre-based child care facilities; Community facilities; Dual occupancies; Dwelling houses; Environmental facilities; Environmental protection works; Exhibition homes; Exhibition villages; Flood mitigation works; Group homes; Home-based child care; Home industries; Hostels; Hotel or motel accommodation; Information and education facilities; Multi dwelling housing; Neighbourhood shops; Oyster aquaculture; Places of public worship; Pond-based aquaculture; Public administration buildings; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Registered clubs; Residential flat buildings; Respite day care centres; Roads; Secondary dwellings; Semi-detached dwellings; Seniors housing; Serviced apartments; Shop top housing; Tank-based aquaculture; Veterinary hospitals; Water supply systems
4   Prohibited
Any 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 new development complements the scale, density and form of existing development.
  To encourage development that is consistent with the low density amenity of existing and future residents.
  To encourage development that is designed to recognise the bushland character of the locality, where appropriate, and to minimise the impact of urban development, particularly on the edge of the urban area.
2   Permitted without consent
Home businesses; Home occupations
3   Permitted with consent
Attached dwellings; Bed and breakfast accommodation; Boarding houses; Building identification signs; Business identification signs; Centre-based child care facilities; Community facilities; Dual occupancies; Dwelling houses; Environmental facilities; Environmental protection works; Exhibition homes; Exhibition villages; Flood mitigation works; Group homes; Health consulting rooms; Home-based child care; Home industries; Neighbourhood shops; Oyster aquaculture; Pond-based aquaculture; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Respite day care centres; Roads; Secondary dwellings; Semi-detached dwellings; Seniors housing; Tank-based aquaculture; Water reticulation systems
4   Prohibited
Any development not specified in item 2 or 3
Zone R3   Medium Density Residential
1   Objectives of zone
  To provide for the housing needs of the community within a medium density residential environment.
  To provide a variety of housing types within a medium density residential environment.
  To enable other land uses that provide facilities or services to meet the day to day needs of residents.
  To encourage development that is consistent with the amenity of existing and future residents.
2   Permitted without consent
Home businesses; Home occupations
3   Permitted with consent
Attached dwellings; Bed and breakfast accommodation; Boarding houses; Building identification signs; Business identification signs; Caravan parks; Centre-based child care facilities; Community facilities; Dual occupancies; Dwelling houses; Environmental facilities; Environmental protection works; Exhibition homes; Exhibition villages; Flood mitigation works; Group homes; Home industries; Hostels; Information and education facilities; Multi dwelling housing; Neighbourhood shops; Oyster aquaculture; Places of public worship; Recreation areas; Recreation facilities (outdoor); Registered clubs; Respite day care centres; Roads; Secondary dwellings; Semi-detached dwellings; Seniors housing; Serviced apartments; Shop top housing; Tank-based aquaculture; Water reticulation systems
4   Prohibited
Any other development not specified in item 2 or 3
Zone R4   High Density Residential
1   Objectives of zone
  To provide for the housing needs of the community within a high density residential environment.
  To provide a variety of housing types within a high density residential environment.
  To enable other land uses that provide facilities or services to meet the day to day needs of residents.
  To encourage development that is consistent with the amenity of existing and future residents.
2   Permitted without consent
Home businesses; Home occupations
3   Permitted with consent
Attached dwellings; Bed and breakfast accommodation; Boarding houses; Building identification signs; Business identification signs; Caravan parks; Centre-based child care facilities; Community facilities; Dual occupancies; Dwelling houses; Environmental facilities; Environmental protection works; Exhibition homes; Exhibition villages; Flood mitigation works; Function centres; Home industries; Hostels; Information and education facilities; Multi dwelling housing; Neighbourhood shops; Oyster aquaculture; Places of public worship; Recreation areas; Recreation facilities (outdoor); Residential flat buildings; Respite day care centres; Roads; Secondary dwellings; Semi-detached dwellings; Seniors housing; Serviced apartments; Shop top housing; Water reticulation systems
4   Prohibited
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 keep and protect existing bushland and features of the natural landscape to preserve the rural character of the locality.
2   Permitted without consent
Home businesses; Home occupations
3   Permitted with consent
Bed and breakfast accommodation; Building identification signs; Business identification signs; Cellar door premises; Centre-based child care facilities; Community facilities; Dual occupancies; Dwelling houses; Environmental facilities; Environmental protection works; Extensive agriculture; Farm buildings; Flood mitigation works; Group homes; Home-based child care; Home industries; Intensive plant agriculture; Oyster aquaculture; Pond-based aquaculture; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Respite day care centres; Roads; Roadside stalls; Secondary dwellings; Tank-based aquaculture
4   Prohibited
Turf farming; Any other 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.
2   Permitted without consent
Nil
3   Permitted with consent
Boarding houses; Business premises; Car parks; Centre-based child care facilities; Community facilities; Environmental protection works; Flood mitigation works; Garden centres; Hardware and building supplies; Health consulting rooms; Hotel or motel accommodation; Information and education facilities; Kiosks; Markets; Medical centres; Neighbourhood shops; Neighbourhood supermarkets; Office premises; Oyster aquaculture; Passenger transport facilities; Places of public worship; Plant nurseries; Public administration buildings; Recreation areas; Recreation facilities (indoor); Registered clubs; Respite day care centres; Restaurants or cafes; Roads; Service stations; Shop top housing; Shops; Signage; Take away food and drink premises; Tank-based aquaculture; Veterinary hospitals
4   Prohibited
Pond-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 new development complements the character and amenity of the locality.
  To support business development by providing parking and other civic facilities.
  To encourage some limited high density residential uses to create vitality in town centres.
2   Permitted without consent
Home businesses; Home occupations
3   Permitted with consent
Amusement centres; Boarding houses; Car parks; Centre-based child care facilities; Commercial premises; Community facilities; Educational establishments; Electricity generating works; Entertainment facilities; Environmental protection works; Flood mitigation works; Function centres; Home-based child care; Home industries; Home occupation (sex services); Information and education facilities; Medical centres; Mortuaries; Oyster aquaculture; Passenger transport facilities; Places of public worship; Public administration buildings; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Registered clubs; Respite day care centres; Restricted premises; Roads; Service stations; Shop top housing; Signage; Tank-based aquaculture; Tourist and visitor accommodation; Vehicle repair stations; Veterinary hospitals
4   Prohibited
Pond-based aquaculture; Any other development not specified in item 2 or 3
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 recognise and reinforce the primacy of the Queanbeyan central business district as the commercial and retail centre of Queanbeyan.
  To encourage high density residential uses in conjunction with retail or employment uses where appropriate.
2   Permitted without consent
Home businesses; Home occupations
3   Permitted with consent
Centre-based child care facilities; Commercial premises; Community facilities; Educational establishments; Entertainment facilities; Function centres; 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; Tank-based aquaculture; Any other development not specified in item 2 or 4
4   Prohibited
Agriculture; Air transport facilities; Airstrips; Attached dwellings; Backpackers’ accommodation; Bed and breakfast accommodation; Biosolids treatment facilities; Boat building and repair facilities; Boat launching ramps; Boat sheds; Caravan parks; Cemeteries; Charter and tourism boating facilities; Correctional centres; Crematoria; Depots; Dual occupancies; Dwelling houses; Eco-tourist facilities; Electricity generating works; Environmental facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Farm stay accommodation; Forestry; Freight transport facilities; Heavy industrial storage establishments; Helipads; Highway service centres; Home occupations (sex services); Hostels; Industrial retail outlets; Industries; Jetties; Marinas; Moorings; Mooring pens; Mortuaries; Multi dwelling housing; Open cut mining; Pond-based aquaculture; Recreation areas; Recreation facilities (major); Recreation facilities (outdoor); Research stations; Residential flat buildings; Resource recovery facilities; Rural industries; Rural workers’ dwellings; Secondary dwellings; Semi-detached dwellings; Seniors housing; Service stations; Sewage treatment plants; Sex services premises; Storage premises; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Warehouse or distribution centres; Waste disposal facilities; Water recreation structures; Water recycling facilities; Water supply systems
Zone B4   Mixed Use
1   Objectives of zone
  To provide a mixture of compatible land uses.
  To integrate suitable business, office, residential, retail and other development in accessible locations so as to maximise public transport patronage and encourage walking and cycling.
  To ensure new development complements the character and amenity of the locality.
  To strengthen the viability of existing business centres as places for investment, employment and cultural activity.
  To support business development by providing parking and other civic facilities.
2   Permitted without consent
Home businesses; Home occupations
3   Permitted with consent
Amusement centres; Attached dwellings; Backpackers’ accommodation; Bed and breakfast accommodation; Boarding houses; Car parks; Centre-based child care facilities; Commercial premises; Community facilities; Dwelling houses; Educational establishments; Electricity generating works; Entertainment facilities; Environmental protection works; Flood mitigation works; Function centres; Home-based child care; Home industries; Home occupation (sex services); Hostels; Hotel or motel accommodation; Information and education facilities; Medical centres; Multi dwelling housing; Oyster aquaculture; Passenger transport facilities; Places of public worship; Public administration buildings; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Registered clubs; Research stations; Residential flat buildings; Respite day care centres; Restricted premises; Roads; Secondary dwellings; Semi-detached dwellings; Seniors housing; Service stations; Serviced apartments; Shop top housing; Signage; Tank-based aquaculture
4   Prohibited
Pond-based aquaculture; Any other development not specified in item 2 or 3
Zone B5   Business Development
1   Objectives of zone
  To enable a mix of business and warehouse uses, and specialised retail premises that require a large floor area, in locations that are close to, and that support the viability of, centres.
  To maintain the existing retail hierarchy of Queanbeyan.
2   Permitted without consent
Environmental protection works
3   Permitted with consent
Car parks; Centre-based child care facilities; Community facilities; Flood mitigation works; Garden centres; Hardware and building supplies; Hotel or motel accommodation; Landscaping material supplies; Markets; Oyster aquaculture; Passenger transport facilities; Recreation facilities (indoor); Respite day care centres; Restaurants or cafes; Roads; Signage; Specialised retail premises; Tank-based aquaculture; Vehicle sales or hire premises; Warehouse or distribution centres
4   Prohibited
Pond-based aquaculture; Any other development not specified in item 2 or 3
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 provide for a well-designed business park that appropriately responds to site constraints and adjoining residential development.
2   Permitted without consent
Environmental protection works
3   Permitted with consent
Business premises; Centre-based child care facilities; Community facilities; Freight transport facilities; Garden centres; Hardware and building supplies; Kiosks; Light industries; Neighbourhood shops; Office premises; Oyster aquaculture; Passenger transport facilities; Places of public worship; Recreation facilities (indoor); Respite day care centres; Roads; Signage; Take away food and drink premises; Tank-based aquaculture; Warehouse or distribution centres; Water recycling facilities
4   Prohibited
Pond-based aquaculture; Any other development not specified in item 2 or 3
Zone IN1   General Industrial
1   Objectives of zone
  To provide a wide range of industrial and warehouse land uses.
  To encourage employment opportunities.
  To minimise any adverse effect of industry on other land uses.
  To support and protect industrial land for industrial uses.
  To enable other land uses that provide facilities or services to meet the day to day needs of workers in the area.
2   Permitted without consent
Environmental protection works
3   Permitted with consent
Agricultural produce industries; Boat building and repair facilities; Car parks; Centre-based child care facilities; Commercial premises; Depots; Flood mitigation works; Freight transport facilities; Function centres; Garden centres; General industries; Hardware and building supplies; Health consulting rooms; Heavy industries; Heavy industrial storage establishments; Helipads; Industrial retail outlets; Industrial training facilities; Information and education facilities; Light industries; Livestock processing industries; Medical centres; Mortuaries; Neighbourhood shops; Oyster aquaculture; Passenger transport facilities; Places of public worship; Public administration buildings; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Respite day care centres; Restricted premises; Roads; Sawmill or log processing works; Service stations; Sex services premises; Signage; Storage premises; Tank-based aquaculture; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Veterinary hospitals; Warehouse or distribution centres; Wholesale supplies
4   Prohibited
Cellar door premises; Office premises; Plant nurseries; Pond-based aquaculture; Pubs; Roadside stalls; Shops; Timber yards; Any other development not specified in item 2 or 3
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.
  To ensure development complements the character and amenity of the locality.
2   Permitted without consent
Home businesses; Home occupations
3   Permitted with consent
Agricultural produce industries; Aquaculture; Boat building and repair facilities; Business premises; Car parks; Centre-based child care facilities; Community facilities; Depots; Emergency services facilities; Environmental protection works; Flood mitigation works; Freight transport facilities; Garden centres; Hardware and building supplies; Health consulting rooms; Home-based child care; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Information and education facilities; Kiosks; Landscaping material supplies; Light industries; Liquid fuel depots; Medical centres; Mortuaries; Neighbourhood shops; Oyster aquaculture; Passenger transport facilities; Places of public worship; Plant nurseries; Public administration buildings; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Research stations; Respite day care centres; Restricted premises; Roads; Rural supplies; Self-storage units; Service stations; Sex services premises; Signage; Take away food and drink premises; Tank-based aquaculture; Timber yards; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Vehicle sales or hire premises; Veterinary hospitals; Warehouse or distribution centres; Water supply systems; Wholesale supplies
4   Prohibited
Pond-based aquaculture; Any other development not specified in item 2 or 3
Zone SP1   Special Activities
1   Objectives of zone
  To provide for special land uses that are not provided for in other zones.
  To provide for sites with special natural characteristics that are not provided for in other zones.
  To facilitate development that is in keeping with the special characteristics of the site or its existing or intended special use, and that minimises any adverse impacts on surrounding land.
2   Permitted without consent
Nil
3   Permitted with consent
Aquaculture; Environmental protection works; Roads; The purpose shown on the Land Zoning Map, including any development that is ordinarily incidental or ancillary to development for that purpose
4   Prohibited
Any development not specified in item 2 or 3
Zone SP2   Infrastructure
1   Objectives of zone
  To provide for infrastructure and related uses.
  To prevent development that is not compatible with or that may detract from the provision of infrastructure.
2   Permitted without consent
Nil
3   Permitted with consent
Aquaculture; Environmental protection works; Roads; The purpose shown on the Land Zoning Map, including any development that is ordinarily incidental or ancillary to development for that purpose
4   Prohibited
Any development not specified in item 2 or 3
Zone RE1   Public Recreation
1   Objectives of zone
  To enable land to be used for public open space or recreational purposes.
  To provide a range of recreational settings and activities and compatible land uses.
  To protect and enhance the natural environment for recreational purposes.
  To protect and enhance the environment generally.
  To ensure areas of high ecological, scientific, cultural or aesthetic value are protected, managed and restored.
2   Permitted without consent
Extensive agriculture
3   Permitted with consent
Aquaculture; Building identification signs; Business identification signs; Camping grounds; Car parks; Caravan parks; Cemeteries; Centre-based child care facilities; Community facilities; Entertainment facilities; Environmental facilities; Environmental protection works; Information and education facilities; Kiosks; Markets; Public administration buildings; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Respite day care centres; Restaurants or cafes; Roads; Water recreation structures
4   Prohibited
Any development not specified in item 2 or 3
Zone RE2   Private Recreation
1   Objectives of zone
  To enable land to be used for private open space or recreational purposes.
  To provide a range of recreational settings and activities and compatible land uses.
  To protect and enhance the natural environment for recreational purposes.
  To protect and enhance the scenic and environmental resources of the land.
  To ensure the scale and character of development is compatible with the established land uses of the locality.
2   Permitted without consent
Nil
3   Permitted with consent
Aquaculture; Building identification signs; Business identification signs; Camping grounds; Car parks; Caravan parks; Centre-based child care facilities; Community facilities; Entertainment facilities; Environmental facilities; Environmental protection works; Flood mitigation works; Function centres; Information and education facilities; Kiosks; Markets; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Registered clubs; Respite day care centres; Restaurants or cafes; Roads; Take away food and drink premises; Water recreation structures; Water recycling facilities
4   Prohibited
Any development not specified in item 2 or 3
Zone C1   National Parks and Nature Reserves
1   Objectives of zone
  To enable the management and appropriate use of land that is reserved under the National Parks and Wildlife Act 1974 or that is acquired under Part 11 of that Act.
  To enable uses authorised under the National Parks and Wildlife Act 1974.
  To identify land that is to be reserved under the National Parks and Wildlife Act 1974 and to protect the environmental significance of that land.
2   Permitted without consent
Uses authorised under the National Parks and Wildlife Act 1974
3   Permitted with consent
Nil
4   Prohibited
Any development not specified in item 2 or 3
Zone C2   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 encourage rehabilitation and regeneration of ecosystems.
  To provide for a limited range of development and land use activities that support environmental conservation outcomes.
  To identify and protect escarpment areas that enhance the visual amenity of Queanbeyan-Palerang Regional local government area and possess special aesthetic or conservational value.
  To protect water quality by preventing inappropriate development within catchment areas.
2   Permitted without consent
Home businesses; Home occupations
3   Permitted with consent
Bed and breakfast accommodation; Building identification signs; Business identification signs; Environmental facilities; Environmental protection works; Farm stay accommodation; Flood mitigation works; Home-based child care; Oyster aquaculture; Roads
4   Prohibited
Business premises; Hotel or motel accommodation; Industries; Local distribution premises; 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 C3   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 encourage development that is visually compatible with the landscape.
  To promote ecologically sustainable development.
  To protect water quality by preventing inappropriate development within catchment areas.
2   Permitted without consent
Extensive agriculture; Home businesses; Home occupations
3   Permitted with consent
Agriculture; Animal boarding or training establishments; Building identification signs; Business identification signs; Camping grounds; Community facilities; Dual occupancies; Dwelling houses; Eco-tourist facilities; Environmental facilities; Environmental protection works; Farm buildings; Flood mitigation works; Information and education facilities; Home-based child care; Home industries; Oyster aquaculture; Pond-based aquaculture; Research stations; Roads; Rural workers’ dwellings; Secondary dwellings; Tank-based aquaculture; Tourist and visitor accommodation; Water reticulation systems; Water storage facilities
4   Prohibited
Hotel or motel accommodation; Industries; Intensive livestock agriculture; Local distribution premises; Multi dwelling housing; Residential flat buildings; Retail premises; Seniors housing; Service stations; Serviced apartments; Turf farming; Warehouse or distribution centres; Any other development not specified in item 2 or 3
Zone C4   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 encourage development that is visually compatible with the landscape.
  To minimise the impact of development on the natural environment.
  To ensure development does not unreasonably increase the demand for public services or public facilities.
2   Permitted without consent
Extensive agriculture; Home businesses; Home occupations
3   Permitted with consent
Animal boarding or training establishments; Bed and breakfast accommodation; Building identification signs; Business identification signs; Cellar door premises; Community facilities; Dual occupancies; Dwelling houses; Emergency services facilities; Environmental protection works; Farm buildings; Flood mitigation works; Function centres; Home-based child care; Home industries; Information and education facilities; Intensive plant agriculture; Neighbourhood shops; Oyster aquaculture; Places of public worship; Plant nurseries; Pond-based aquaculture; Recreation areas; Restaurants or cafes; Roads; Roadside stalls; Secondary dwellings; Tank-based aquaculture; Water reticulation systems; Water storage facilities
4   Prohibited
Industries; Local distribution premises; Service stations; Turf farming; Warehouse or distribution centres; Any other development not specified in item 2 or 3
Zone W1   Natural Waterways
1   Objectives of zone
  To protect the ecological and scenic values of natural waterways.
  To prevent development that would have an adverse effect on the natural values of waterways in this zone.
  To provide for sustainable fishing industries and recreational fishing.
2   Permitted without consent
Environmental protection works
3   Permitted with consent
Aquaculture; Environmental facilities; Flood mitigation works; Water recreation structures; Water supply systems
4   Prohibited
Business premises; Hotel or motel accommodation; Industries; Local distribution premises; Multi dwelling housing; Recreation facilities (major); Residential flat buildings; Restricted premises; Retail premises; Seniors housing; Service stations; Warehouse or distribution centres; Any other development not specified in item 2 or 3
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.
(e)    (Repealed)
(4)  Development that relates to an existing building that is classified under the Building Code of Australia as class 1b or class 2–9 is exempt development only if—
(a)  the building has a current fire safety certificate or fire safety statement, or
(b)  no fire safety measures are currently implemented, required or proposed for the building.
(5)  To be exempt development, the development must—
(a)  be installed in accordance with the manufacturer’s specifications, if applicable, and
(b)  not involve the removal, pruning or other clearing of vegetation that requires a permit, development consent or other approval unless it is undertaken in accordance with a permit, development consent or other approval.
(6)  A heading to an item in Schedule 2 is part of that Schedule.
3.2   Complying development
(1)  The objective of this clause is to identify development as complying development.
(2)  Development specified in Part 1 of Schedule 3 that is carried out in compliance with—
(a)  the development standards specified in relation to that development, and
(b)  the requirements of this Part,
is complying development.
Note—
See also clause 5.8(3) which provides that the conversion of fire alarms is complying development in certain circumstances.
(3)  To be complying development, the development must—
(a)  be permissible, with development consent, in the zone in which it is carried out, and
(b)  meet the relevant deemed-to-satisfy provisions of the Building Code of Australia, and
(c)  have an approval, if required by the Local Government Act 1993, from the Council for an on-site effluent disposal system if the development is undertaken on unsewered land.
(4)  A complying development certificate for development specified in Part 1 of Schedule 3 is subject to the conditions (if any) set out or referred to in Part 2 of that Schedule.
(5)  A heading to an item in Schedule 3 is part of that Schedule.
3.3   Environmentally sensitive areas excluded
(1)  Exempt or complying development must not be carried out on any environmentally sensitive area for exempt or complying development.
(2)  For the purposes of this clause—
environmentally sensitive area for exempt or complying development means any of the following—
(a)  the coastal waters of the State,
(b)  a coastal lake,
(c)  land within the coastal wetlands and littoral rainforests area (within the meaning of the Coastal Management Act 2016),
(d)  land reserved as an aquatic reserve under the Fisheries Management Act 1994 or as a marine park under the Marine Parks Act 1997,
(e)  land within a wetland of international significance declared under the Ramsar Convention on Wetlands or within a World heritage area declared under the World Heritage Convention,
(f)  land within 100 metres of land to which paragraph (c), (d) or (e) applies,
(g)  land identified in this or any other environmental planning instrument as being of high Aboriginal cultural significance or high biodiversity significance,
(h)  land reserved under the National Parks and Wildlife Act 1974 or land acquired under Part 11 of that Act,
(i)  land reserved or dedicated under the Crown Land Management Act 2016 for the preservation of flora, fauna, geological formations or for other environmental protection purposes,
(j)  land that is a declared area of outstanding biodiversity value under the Biodiversity Conservation Act 2016 or declared critical habitat under Part 7A of the Fisheries Management Act 1994.
Part 4 Principal development standards
4.1   Minimum subdivision lot size
(1)  The objectives of this clause are as follows—
(a)  to ensure lots are large enough to accommodate future development,
(b)  to ensure the subdivision of land reflects and reinforces the predominant subdivision pattern or desired future pattern of the area,
(c)  to minimise the likely adverse impact of development on—
(i)  the amenity of the area, and
(ii)  the function and safety of main roads,
(d)  to ensure lots are large enough to protect special attributes, including natural or cultural features,
(e)  to ensure land is subdivided in a way that—
(i)  reflects constraints associated with flooding, bush fire risk and other hazards, and
(ii)  minimises the risk that the development will be affected by natural hazards,
(f)  to ensure new lots are adequately serviced.
(2)  This clause applies to a subdivision of any land shown on the Lot Size Map that requires development consent and that is carried out after the commencement of this Plan.
(3)  The size of any lot resulting from a subdivision of land to which this clause applies is not to be less than the minimum size shown on the Lot Size Map in relation to that land.
(3A)  The minimum lot size shown on the Lot Size Map does not apply if—
(a)  the land could have been subdivided under this clause if the land had not been affected by one or more of the following—
(i)  a minor realignment of boundaries that did not create an additional lot,
(ii)  a subdivision creating or widening a public road or public reserve, or for another public purpose,
(iii)  a consolidation with an adjoining public road or public reserve, or for another public purpose, and
(b)  the number of resulting lots does not exceed the number of lots that could have resulted from a subdivision under this clause had the land not been affected by a matter specified in paragraph (a).
(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 2021.
4.1AA   Minimum subdivision lot size for community title schemes
(1)  The objectives of this clause are as follows—
(a)  to prevent fragmentation of land.
(2)  This clause applies to a subdivision (being a subdivision that requires development consent) under the Community Land Development Act 2021 of land in any of the following zones—
(a)  Zone RU1 Primary Production,
(b)  Zone RU2 Rural Landscape,
(c)  Zone RU5 Village,
(d)  Zone R1 General Residential,
(e)  Zone R2 Low Density Residential,
(f)  Zone R5 Large Lot Residential,
(g)  Zone C3 Environmental Management,
(h)  Zone C4 Environmental Living,
but does not apply to a subdivision by the registration of a strata plan.
(3)  The size of any lot resulting from a subdivision of land to which this clause applies (other than any lot comprising association property within the meaning of the Community Land Development Act 2021) is not to be less than the minimum size shown on the Lot Size Map in relation to that land.
(4)  This clause applies despite clause 4.1.
4.1A   Minimum subdivision lot size for certain strata subdivisions
(1)  The objective of this clause is to prevent fragmentation of land.
(2)  This clause applies to land used, or proposed to be used, for the purposes of residential accommodation or tourist and visitor accommodation in the following zones—
(a)  Zone RU1 Primary Production,
(b)  Zone RU2 Rural Landscape,
(c)  Zone R5 Large Lot Residential,
(d)  Zone C3 Environmental Management,
(e)  Zone C4 Environmental Living.
(3)  Development consent must not be granted to the subdivision of land by the registration of a strata plan or strata plan of subdivision under the Strata Schemes Development Act 2015 if the subdivision would result in lots that are smaller than the minimum size shown on the Lot Size Map.
Note—
State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, Part 6, provides that strata subdivision of a building in certain circumstances is specified complying development.
4.1B   Minimum lot sizes for multi dwelling housing and residential flat buildings
(1)  The objective of this clause is to achieve planned residential density for land in—
(a)  Zone R3 Medium Density Residential, and
(b)  Zone R4 High Density Residential, and
(c)  for land in Braidwood, Bungendore and Googong—Zone R1 General Residential.
(2)  Development consent must not be granted to development on land specified in Column 1 of the table to this subclause for a purpose specified opposite in Column 2, unless the lot is at least the size specified opposite in Column 3.
Column 1
Column 2
Column 3
Zone R3 and Zone R4
Multi dwelling housing
750m2
Zone R1 in Googong
Multi dwelling housing
750m2
Zone R1 in Braidwood and Bungendore
Multi dwelling housing connected to a reticulated sewerage system owned and operated by the Council
2,250m2
Zone R1 in Braidwood and Bungendore
Multi dwelling housing not connected to a reticulated sewerage system owned and operated by the Council
12,000m2
Zone R4
Residential flat buildings
1,000m2
Zone R1 in Googong
Residential flat buildings
1,000m2
Zone R1 in Braidwood and Bungendore
Residential flat buildings connected to a reticulated sewerage system owned and operated by the Council
3,000m2
Zone R1 in Braidwood and Bungendore
Residential flat buildings not connected to a reticulated sewerage system owned and operated by the Council
16,000m2
4.1C   Minimum lot sizes for dual occupancies and secondary dwellings
(1)  The objective of this clause is to achieve planned residential density.
(2)  This clause applies to land shown on the Secondary Dwelling and Dual Occupancy Map.
(3)  Development consent must not be granted for the purposes of dual occupancies or secondary dwellings unless the lot is at least the size shown on the Secondary Dwelling and Dual Occupancy Map for the land.
4.1D   Subdivision of certain land in Zones RU1 and C3
(1)  The objectives of this clause are as follows—
(a)  to prevent fragmentation of land,
(b)  to ensure land is subdivided taking into account—
(i)  topographical constraints, and
(ii)  the agricultural productivity and biodiversity value of the land, and
(iii)  the environmental impacts of the subdivision.
(2)  This clause applies to land in the following zones identified as “Lot Averaging A” on the Lot Averaging Map
(a)  Zone RU1 Primary Production,
(b)  Zone C3 Environmental Management.
(3)  Development consent must not be granted to the subdivision of land to which this clause applies unless—
(a)  the average size of the resulting lots will be at least the minimum size shown on the Lot Size Map for the land, and
(b)  no more than 5 resulting lots will be less than the minimum size shown on the Lot Size Map for the land, and
(c)  each resulting lot will be at least 8ha.
(4)  Development consent must not be granted to the subdivision of a relevant lot for the purposes of residential accommodation.
(5)  In this clause—
relevant lot
(a)  means—
(i)  a lot created by a subdivision under a relevant provision, and
(ii)  on which development for the purposes of residential accommodation is permitted with development consent, and
(b)  includes a lot that would have been a lot specified in paragraph (a) had the lot not been affected by—
(i)  a minor boundary realignment that did not create an additional lot, or
(ii)  a consolidation with adjoining land, or
(iii)  a subdivision creating or widening a public road or public reserve, or for another public purpose, or
(iv)  a consolidation with an adjoining public road or public reserve, or for another public purpose.
relevant provision means—
(a)  if the lot was created other than for a public purpose—this clause, or
(b)  Palerang Local Environmental Plan 2014, clause 4.1A, before its repeal, or
(c)  Queanbeyan Local Environmental Plan 2012, clause 4.1C, before its repeal, or
(d)  Yarrowlumla Local Environmental Plan 1993, clause 12, before its repeal, or Yarrowlumla Local Environmental Plan 2002, clause 19, before its repeal—if the subdivision created at least 1 lot of less than 80ha for the purposes of residential accommodation, or
(e)  Cooma-Monaro Local Environmental Plan 1999—(Rural), clause 14(2A), before its repeal.
4.1E   Subdivision of certain land in Zones C3 and C4
(1)  The objective of this clause is to ensure land is subdivided taking into account—
(a)  topographical constraints, and
(b)  the agricultural productivity and biodiversity value of the land, and
(c)  the environmental impacts of the subdivision.
(2)  This clause applies to the following land in—
(a)  Zone C3 Environmental Management identified as “Lot Averaging B” on the Lot Averaging Map,
(b)  Zone C4 Environmental Living.
(3)  Development consent must not be granted to the subdivision of land to which this clause applies unless—
(a)  the average size of the resulting lots will be at least the minimum size shown on the Lot Size Map for the land, and
(b)  each resulting lot will be at least 2ha.
(4)  Development consent must not be granted to the subdivision of a relevant lot unless the consent authority is satisfied that—
(a)  development for the purposes of residential accommodation will not be carried out on the resulting lots, and
(b)  the subdivision will not result in a significant adverse environmental impact.
(5)  In this clause—
relevant lot
(a)  means—
(i)  a lot created by a subdivision under a relevant provision, and
(ii)  on which development for the purposes of residential accommodation is permitted with development consent, and
(b)  includes a lot that would have been a lot specified in paragraph (a) had the lot not been affected by—
(i)  a minor boundary realignment that did not create an additional lot, or
(ii)  a consolidation with adjoining land, or
(iii)  a subdivision creating or widening a public road or public reserve, or for another public purpose, or
(iv)  a consolidation with an adjoining public road or public reserve, or for another public purpose, and
(c)  does not include a lot excluded by a relevant provision from the calculation of the average size of the resulting lots.
relevant provision means—
(a)  this clause, or
(b)  Palerang Local Environmental Plan 2014, clause 4.1B, before its repeal, or
(c)  Queanbeyan Local Environmental Plan 2012, clause 4.1C, before its repeal, or
(d)  Yarrowlumla Local Environmental Plan 2002, clause 20, before its repeal, or
(e)  Yarrowlumla Local Environmental Plan 1993, clause 13(4) or 13A, before its repeal, or
(f)  Yarrowlumla Local Environmental Plan 1986, clause 14(3), before its repeal, or
(g)  Interim Development Order No 1—Shire of Yarrowlumla, clause 11B(3) or 11C, before its repeal, or
(h)  Tallaganda Local Environmental Plan 1991, clause 16(3), before its repeal.
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 land in 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, residential, mixed use and conservation zones
(1)  The objectives of this clause are—
(a)  to minimise unplanned rural residential development, and
(b)  to enable the replacement of lawfully erected dwelling houses in certain rural, residential, mixed use and conservation zones.
(2)  This clause applies to land in the following zones—
(a)  Zone RU1 Primary Production,
(b)  Zone RU2 Rural Landscape,
(c)  Zone RU5 Village,
(d)  Zone R1 General Residential,
(e)  Zone R2 Low Density Residential,
(f)  Zone R5 Large Lot Residential,
(g)  Zone B4 Mixed Use,
(h)  Zone C3 Environmental Management,
(i)  Zone C4 Environmental Living.
(3)  Development consent must not be granted for the erection of a dwelling house on land to which this clause applies, and on which no dwelling house has been erected, unless the land—
(a)  is a lot with at least the minimum lot size shown on the Lot Size Map, or
(b)  is a lot created in accordance with clauses 4.1, 4.1AA, 4.1A, 4.1D, 4.1E, 7.24, 7.25 or 7.26, or
(c)  is a lot created before the day on which this Plan commenced and on which the erection of a dwelling house was permissible immediately before that day, or
(d)  is a lot resulting from a subdivision for which development consent, or equivalent, was granted before the day on which 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 day, or
(e)  is an existing holding, or
(f)  would have been a lot or a holding specified in paragraphs (a)–(e) had it not been affected by—
(i)  a minor realignment of boundaries that did not create an additional lot, or
(ii)  a subdivision creating or widening a public road or public reserve, or for another public purpose, or
(iii)  a consolidation with an adjoining public road or public reserve, or for another public purpose.
(4)  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
(b)  the dwelling house to be erected is intended only to replace the existing dwelling house.
(5)  In this clause—
existing holding means the following land, whether or not there has been a change in the ownership of the holding since the relevant date, and includes other adjoining land acquired by the owner since the relevant date—
(a)  land that was a holding on the relevant date,
(b)  land that is a holding at the time a development application is lodged.
holding means all adjoining land, even if separated by a road or railway, held by the same person.
relevant date means, for land specified in the table to this definition, the date specified opposite.
Column 1
Column 2
Land to which Cooma-Monaro Local Environmental Plan 1999—(Rural) applied immediately before 19 September 2014
3 March 1997
Land to which Goulburn Mulwaree Local Environmental Plan 2009 or Mulwaree Local Environmental Plan 1995 applied immediately before 19 September 2014
15 May 1970
Land to which Gunning Local Environmental Plan 1997 applied immediately before 19 September 2014
15 July 1966
Land to which Tallaganda Local Environmental Plan 1991 applied immediately before 19 September 2014
14 June 1974
Land to which Yarrowlumla Local Environmental Plan 2002 applied immediately before 19 September 2014
13 October 1995
4.3   Height of buildings
(1)  The objectives of this clause are as follows—
(a)  to establish the height of buildings consistent with the character, amenity and landscape of the area in which the buildings will be located,
(b)  to protect residential amenity and minimise overshadowing,
(c)  to minimise the visual impact of buildings,
(d)  to maintain the predominantly low-rise character of buildings in the Queanbeyan-Palerang Regional local government area,
(e)  to ensure the height of buildings complement the streetscape or the historic character of the area in which the buildings are located,
(f)  to protect the heritage character of the Queanbeyan-Palerang Regional local government area and the significance of heritage buildings and heritage items,
(g)  to provide appropriate height transitions between buildings, particularly at zone boundaries.
(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 density, bulk and scale of development is appropriate for the site,
(b)  to ensure the density, bulk and scale of development is consistent with the streetscape and character of the area in which the development will be located,
(c)  to facilitate development that contributes to the economic growth of the Queanbeyan central business district, the Googong town centre and the neighbourhood centres in Queanbeyan.
(2)  The maximum floor space ratio for a building on any land is not to exceed the floor space ratio shown for the land on the Floor Space Ratio Map.
4.5   Calculation of floor space ratio and site area
(1) Objectives The objectives of this clause are as follows—
(a)  to define floor space ratio,
(b)  to set out rules for the calculation of the site area of development for the purpose of applying permitted floor space ratios, including rules to—
(i)  prevent the inclusion in the site area of an area that has no significant development being carried out on it, and
(ii)  prevent the inclusion in the site area of an area that has already been included as part of a site area to maximise floor space area in another building, and
(iii)  require community land and public places to be dealt with separately.
(2) Definition of “floor space ratio” The floor space ratio of buildings on a site is the ratio of the gross floor area of all buildings within the site to the site area.
(3) Site area In determining the site area of proposed development for the purpose of applying a floor space ratio, the site area is taken to be—
(a)  if the proposed development is to be carried out on only one lot, the area of that lot, or
(b)  if the proposed development is to be carried out on 2 or more lots, the area of any lot on which the development is proposed to be carried out that has at least one common boundary with another lot on which the development is being carried out.
In addition, subclauses (4)–(7) apply to the calculation of site area for the purposes of applying a floor space ratio to proposed development.
(4) Exclusions from site area The following land must be excluded from the site area—
(a)  land on which the proposed development is prohibited, whether under this Plan or any other law,
(b)  community land or a public place (except as provided by subclause (7)).
(5) Strata subdivisions The area of a lot that is wholly or partly on top of another or others in a strata subdivision is to be included in the calculation of the site area only to the extent that it does not overlap with another lot already included in the site area calculation.
(6) Only significant development to be included The site area for proposed development must not include a lot additional to a lot or lots on which the development is being carried out unless the proposed development includes significant development on that additional lot.
(7) Certain public land to be separately considered For the purpose of applying a floor space ratio to any proposed development on, above or below community land or a public place, the site area must only include an area that is on, above or below that community land or public place, and is occupied or physically affected by the proposed development, and may not include any other area on which the proposed development is to be carried out.
(8) Existing buildings The gross floor area of any existing or proposed buildings within the vertical projection (above or below ground) of the boundaries of a site is to be included in the calculation of the total floor space for the purposes of applying a floor space ratio, whether or not the proposed development relates to all of the buildings.
(9) Covenants to prevent “double dipping” When development consent is granted to development on a site comprised of 2 or more lots, a condition of the consent may require a covenant to be registered that prevents the creation of floor area on a lot (the restricted lot) if the consent authority is satisfied that an equivalent quantity of floor area will be created on another lot only because the site included the restricted lot.
(10) Covenants affect consolidated sites If—
(a)  a covenant of the kind referred to in subclause (9) applies to any land (affected land), and
(b)  proposed development relates to the affected land and other land that together comprise the site of the proposed development,
the maximum amount of floor area allowed on the other land by the floor space ratio fixed for the site by this Plan is reduced by the quantity of floor space area the covenant prevents being created on the affected land.
(11) Definition In this clause, public place has the same meaning as it has in the Local Government Act 1993.
4.6   Exceptions to development standards
(1)  The objectives of this clause are as follows—
(a)  to provide an appropriate degree of flexibility in applying certain development standards to particular development,
(b)  to achieve better outcomes for and from development by allowing flexibility in particular circumstances.
(2)  Development consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this clause does not apply to a development standard that is expressly excluded from the operation of this clause.
(3)  Development consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating—
(a)  that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and
(b)  that there are sufficient environmental planning grounds to justify contravening the development standard.
(4)  Development consent must not be granted for development that contravenes a development standard unless—
(a)  the consent authority is satisfied that—
(i)  the applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3), and
(ii)  the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out, and
(b)  the concurrence of the 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 C2 Environmental Conservation, Zone C3 Environmental Management or Zone C4 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 land in Zone RU4 Primary Production Small Lots, Zone RU6 Transition or Zone R5 Large Lot Residential.
(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,
(caa)  clause 5.5.
Part 5 Miscellaneous provisions
5.1   Relevant acquisition authority
(1)  The objective of this clause is to identify, for the purposes of section 3.15 of the Act, the authority of the State that will be the relevant authority to acquire land reserved for certain public purposes if the land is required to be acquired under Division 3 of Part 2 of the Land Acquisition (Just Terms Compensation) Act 1991 (the owner-initiated acquisition provisions).
Note—
If the landholder will suffer hardship if there is any delay in the land being acquired by the relevant authority, section 23 of the Land Acquisition (Just Terms Compensation) Act 1991 requires the authority to acquire the land.
(2)  The authority of the State that will be the relevant authority to acquire land, if the land is required to be acquired under the owner-initiated acquisition provisions, is the authority of the State specified below in relation to the land shown on the Land Reservation Acquisition Map (or, if an authority of the State is not specified in relation to land required to be so acquired, the authority designated or determined under those provisions).
Type of land shown on Map
Authority of the State
Zone RE1 Public Recreation and marked “Local open space”
Council
Zone RE1 Public Recreation and marked “Regional open space”
The corporation constituted under section 2.5 of the Act
Zone SP2 Infrastructure and marked “Classified road”
Transport for NSW
Zone C1 National Parks and Nature Reserves and marked “National Park”
Minister administering the National Parks and Wildlife Act 1974
(3)  Development on land acquired by an authority of the State under the owner-initiated acquisition provisions may, before it is used for the purpose for which it is reserved, be carried out, with development consent, for any purpose.
5.2   Classification and reclassification of public land
(1)  The objective of this clause is to enable the Council to classify or reclassify public land as “operational land” or “community land” in accordance with Part 2 of Chapter 6 of the Local Government Act 1993.
Note—
Under the Local Government Act 1993, “public land” is generally land vested in or under the control of a council (other than roads and certain Crown land). The classification or reclassification of public land may also be made by a resolution of the Council under section 31, 32 or 33 of the Local Government Act 1993. Section 30 of that Act enables this Plan to discharge trusts on which public reserves are held if the land is reclassified under this Plan as operational land.
(2)  The public land described in Part 1 or Part 2 of Schedule 4 is classified, or reclassified, as operational land for the purposes of the Local Government Act 1993.
(3)  The public land described in Part 3 of Schedule 4 is classified, or reclassified, as community land for the purposes of the Local Government Act 1993.
(4)  The public land described in Part 1 of Schedule 4—
(a)  does not cease to be a public reserve to the extent (if any) that it is a public reserve, and
(b)  continues to be affected by any trusts, estates, interests, dedications, conditions, restrictions or covenants that affected the land before its classification, or reclassification, as operational land.
(5)  The public land described in Part 2 of Schedule 4, to the extent (if any) that it is a public reserve, ceases to be a public reserve when the description of the land is inserted into that Part and is discharged from all trusts, estates, interests, dedications, conditions, restrictions and covenants affecting the land or any part of the land, except—
(a)  those (if any) specified for the land in Column 3 of Part 2 of Schedule 4, and
(b)  any reservations that except land out of the Crown grant relating to the land, and
(c)  reservations of minerals (within the meaning of the Crown Land Management Act 2016).
Note—
In accordance with section 30(2) of the Local Government Act 1993, the approval of the Governor to subclause (5) applying to the public land concerned is required before the description of the land is inserted in Part 2 of Schedule 4.
5.3   Development near zone boundaries
(1)  The objective of this clause is to provide flexibility where the investigation of a site and its surroundings reveals that a use allowed on the other side of a zone boundary would enable a more logical and appropriate development of the site and be compatible with the planning objectives and land uses for the adjoining zone.
(2)  This clause applies to so much of any land that is within the relevant distance of a boundary between any 2 zones. The relevant distance is 20m.
(3)  This clause does not apply to—
(a)  land in Zone RE1 Public Recreation, Zone C1 National Parks and Nature Reserves, Zone C2 Environmental Conservation, Zone C3 Environmental Management or Zone W1 Natural Waterways, or
(b)  land within the coastal zone, or
(c)  land proposed to be developed for the purpose of sex services or restricted premises.
(4)  Despite the provisions of this Plan relating to the purposes for which development may be carried out, development consent may be granted to development of land to which this clause applies for any purpose that may be carried out in the adjoining zone, but only if the consent authority is satisfied that—
(a)  the development is not inconsistent with the objectives for development in both zones, and
(b)  the carrying out of the development is desirable due to compatible land use planning, infrastructure capacity and other planning principles relating to the efficient and timely development of land.
(5)  This clause does not prescribe a development standard that may be varied under this Plan.
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 50 square metres of floor area.
(3) Home industries If development for the purposes of a home industry is permitted under this Plan, the carrying on of the home industry must not involve the use of more than 50 square metres of floor area.
(4) Industrial retail outlets If development for the purposes of an industrial retail outlet is permitted under this Plan, the retail floor area must not exceed—
(a)  50% of the gross floor area of the industry or rural industry located on the same land as the retail outlet, or
(b)  300 square metres,
whichever is the lesser.
(5) Farm stay accommodation If development for the purposes of farm stay accommodation is permitted under this Plan, the accommodation that is provided to guests must consist of no more than 5 bedrooms.
(6) Kiosks If development for the purposes of a kiosk is permitted under this Plan, the gross floor area must not exceed 40 square metres.
(7) Neighbourhood shops If development for the purposes of a neighbourhood shop is permitted under this Plan, the retail floor area must not exceed 100 square metres.
(7AA) Neighbourhood supermarkets If development for the purposes of a neighbourhood supermarket is permitted under this Plan, the gross floor area must not exceed 1,000 square metres.
(8) Roadside stalls If development for the purposes of a roadside stall is permitted under this Plan, the gross floor area must not exceed 10 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)  33% 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 Zone E3 Productivity Support, Zone E4 General Industrial, Zone E5 Heavy Industrial, Zone W4 Working Waterfront or an industrial or rural zone, the floor area used for retail sales (not including any cafe or restaurant area) must not exceed—
(a)  50% of the gross floor area of the industry, or
(b)  300 square metres,
whichever is the lesser.
5.5   Controls relating to secondary dwellings on land in a rural zone
If development for the purposes of a secondary dwelling is permitted under this Plan on 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)  33% of the total floor area of the principal dwelling.
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   Dwelling house or secondary dwelling affected by natural disaster
(1)  The objective of this clause is to enable the repair or replacement of lawfully erected dwelling houses and secondary dwellings that have been damaged or destroyed by a natural disaster.
(2)  This clause applies to land in the following zones—
(a)  Zone RU1 Primary Production,
(b)  Zone RU2 Rural Landscape,
(c)  Zone R5 Large Lot Residential,
(d)  Zone C2 Environmental Conservation,
(e)  Zone C3 Environmental Management,
(f)  Zone C4 Environmental Living.
(3)  Despite the other provisions of this Plan, development consent may be granted to development on land to which this clause applies to enable a dwelling house or secondary dwelling that has been damaged or destroyed by a natural disaster to be repaired or replaced if—
(a)  the dwelling house or secondary dwelling was lawfully erected, and
(b)  the development application seeking the development consent is made to the consent authority no later than 5 years after the day on which the natural disaster caused the damage or destruction.
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 the Queanbeyan-Palerang Regional local government area,
(b)  to conserve the heritage significance of heritage items and heritage conservation areas, including associated fabric, settings and views,
(c)  to conserve archaeological sites,
(d)  to conserve Aboriginal objects and Aboriginal places of heritage significance.
(2) Requirement for consent Development consent is required for any of the following—
(a)  demolishing or moving any of the following or altering the exterior of any of the following (including, in the case of a building, making changes to its detail, fabric, finish or appearance)—
(i)  a heritage item,
(ii)  an Aboriginal object,
(iii)  a building, work, relic or tree within a heritage conservation area,
(b)  altering a heritage item that is a building by making structural changes to its interior or by making changes to anything inside the item that is specified in Schedule 5 in relation to the item,
(c)  disturbing or excavating an archaeological site while knowing, or having reasonable cause to suspect, that the disturbance or excavation will or is likely to result in a relic being discovered, exposed, moved, damaged or destroyed,
(d)  disturbing or excavating an Aboriginal place of heritage significance,
(e)  erecting a building on land—
(i)  on which a heritage item is located or that is within a heritage conservation area, or
(ii)  on which an Aboriginal object is located or that is within an Aboriginal place of heritage significance,
(f)  subdividing land—
(i)  on which a heritage item is located or that is within a heritage conservation area, or
(ii)  on which an Aboriginal object is located or that is within an Aboriginal place of heritage significance.
(3) When consent not required However, development consent under this clause is not required if—
(a)  the applicant has notified the consent authority of the proposed development and the consent authority has advised the applicant in writing before any work is carried out that it is satisfied that the proposed development—
(i)  is of a minor nature or is for the maintenance of the heritage item, Aboriginal object, Aboriginal place of heritage significance or archaeological site or a building, work, relic, tree or place within the heritage conservation area, and
(ii)  would not adversely affect the heritage significance of the heritage item, Aboriginal object, Aboriginal place, archaeological site or heritage conservation area, or
(b)  the development is in a cemetery or burial ground and the proposed development—
(i)  is the creation of a new grave or monument, or excavation or disturbance of land for the purpose of conserving or repairing monuments or grave markers, and
(ii)  would not cause disturbance to human remains, relics, Aboriginal objects in the form of grave goods, or to an Aboriginal place of heritage significance, or
(c)  the development is limited to the removal of a tree or other vegetation that the Council is satisfied is a risk to human life or property, or
(d)  the development is exempt development.
(4) Effect of proposed development on heritage significance The consent authority must, before granting consent under this clause in respect of a heritage item or heritage conservation area, consider the effect of the proposed development on the heritage significance of the item or area concerned. This subclause applies regardless of whether a heritage management document is prepared under subclause (5) or a heritage conservation management plan is submitted under subclause (6).
(5) Heritage assessment The consent authority may, before granting consent to any development—
(a)  on land on which a heritage item is located, or
(b)  on land that is within a heritage conservation area, or
(c)  on land that is within the vicinity of land referred to in paragraph (a) or (b),
require a heritage management document to be prepared that assesses the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item or heritage conservation area concerned.
(6) Heritage conservation management plans The consent authority may require, after considering the heritage significance of a heritage item and the extent of change proposed to it, the submission of a heritage conservation management plan before granting consent under this clause.
(7) Archaeological sites The consent authority must, before granting consent under this clause to the carrying out of development on an archaeological site (other than land listed on the State Heritage Register or to which an interim heritage order under the Heritage Act 1977 applies)—
(a)  notify the Heritage Council of its intention to grant consent, and
(b)  take into consideration any response received from the Heritage Council within 28 days after the notice is sent.
(8) Aboriginal places of heritage significance The consent authority must, before granting consent under this clause to the carrying out of development in an Aboriginal place of heritage significance—
(a)  consider the effect of the proposed development on the heritage significance of the place and any Aboriginal object known or reasonably likely to be located at the place by means of an adequate investigation and assessment (which may involve consideration of a heritage impact statement), and
(b)  notify the local Aboriginal communities, in writing or in such other manner as may be appropriate, about the application and take into consideration any response received within 28 days after the notice is sent.
(9) Demolition of nominated State heritage items The consent authority must, before granting consent under this clause for the demolition of a nominated State heritage item—
(a)  notify the Heritage Council about the application, and
(b)  take into consideration any response received from the Heritage Council within 28 days after the notice is sent.
(10) Conservation incentives The consent authority may grant consent to development for any purpose of a building that is a heritage item or of the land on which such a building is erected, or for any purpose on an Aboriginal place of heritage significance, even though development for that purpose would otherwise not be allowed by this Plan, if the consent authority is satisfied that—
(a)  the conservation of the heritage item or Aboriginal place of heritage significance is facilitated by the granting of consent, and
(b)  the proposed development is in accordance with a heritage management document that has been approved by the consent authority, and
(c)  the consent to the proposed development would require that all necessary conservation work identified in the heritage management document is carried out, and
(d)  the proposed development would not adversely affect the heritage significance of the heritage item, including its setting, or the heritage significance of the Aboriginal place of heritage significance, and
(e)  the proposed development would not have any significant adverse effect on the amenity of the surrounding area.
5.11   Bush fire hazard reduction
Bush fire hazard reduction work authorised by the Rural Fires Act 1997 may be carried out on any land without development consent.
Note—
The Rural Fires Act 1997 also makes provision relating to the carrying out of development on bush fire prone land.
5.12   Infrastructure development and use of existing buildings of the Crown
(1)  This Plan does not restrict or prohibit, or enable the restriction or prohibition of, the carrying out of any development, by or on behalf of a public authority, that is permitted to be carried out with or without development consent, or that is exempt development, under State Environmental Planning Policy (Transport and Infrastructure) 2021, Chapter 2.
(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 conservation 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 conservation 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 C2 Environmental Conservation,
(h)  Zone C3 Environmental Management,
(i)  Zone C4 Environmental Living.
Note—
When this Plan was made, it did not include land in Zone RU4 Primary Production Small Lots or Zone RU6 Transition.
(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 C3 Environmental Management or Zone C4 Environmental Living.
Note—
When this Plan was made, it did not include land in Zone RU4 Primary Production Small Lots, Zone RU6 Transition or Zone B6 Enterprise Corridor.
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 in 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 E1 Local Centre, Zone E2 Commercial Centre, Zone E3 Productivity Support, Zone E4 General Industrial, Zone E5 Heavy Industrial or Zone MU1 Mixed Use—that the development is for the purpose of small scale aquarium fish production, and
(ii)  pond-based aquaculture in Zone C3 Environmental Management or Zone C4 Environmental Living—that the development is for the purpose of extensive aquaculture, and
(iii)  tank-based aquaculture in 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 C3 Environmental Management or Zone C4 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.
Note—
When this Plan was made, it did not include land in Zone W2 Recreational Waterways or Zone W3 Working Waterways.
(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.
Note—
When this Plan was made, it did not include land in Zone RU4 Primary Production Small Lots or Zone RU6 Transition.
(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.
5.21   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 flood function and behaviour on the land, taking into account projected changes as a result of climate change,
(c)  to avoid adverse or cumulative impacts on flood behaviour and the environment,
(d)  to enable the safe occupation and efficient evacuation of people in the event of a flood.
(2)  Development consent must not be granted to development on land the consent authority considers to be within the flood planning area unless the consent authority is satisfied the development—
(a)  is compatible with the flood function and behaviour on the land, and
(b)  will not adversely affect flood behaviour in a way that results in detrimental increases in the potential flood affectation of other development or properties, and
(c)  will not adversely affect the safe occupation and efficient evacuation of people or exceed the capacity of existing evacuation routes for the surrounding area in the event of a flood, and
(d)  incorporates appropriate measures to manage risk to life in the event of a flood, and
(e)  will not adversely affect the environment or cause avoidable erosion, siltation, destruction of riparian vegetation or a reduction in the stability of river banks or watercourses.
(3)  In deciding whether to grant development consent on land to which this clause applies, the consent authority must consider the following matters—
(a)  the impact of the development on projected changes to flood behaviour as a result of climate change,
(b)  the intended design and scale of buildings resulting from the development,
(c)  whether the development incorporates measures to minimise the risk to life and ensure the safe evacuation of people in the event of a flood,
(d)  the potential to modify, relocate or remove buildings resulting from development if the surrounding area is impacted by flooding or coastal erosion.
(4)  A word or expression used in this clause has the same meaning as it has in the Considering Flooding in Land Use Planning Guideline unless it is otherwise defined in this clause.
(5)  In this clause—
Considering Flooding in Land Use Planning Guideline means the Considering Flooding in Land Use Planning Guideline published on the Department’s website on 14 July 2021.
flood planning area has the same meaning as it has in the Floodplain Development Manual.
Floodplain Development Manual means the Floodplain Development Manual (ISBN 0 7347 5476 0) published by the NSW Government in April 2005.
5.22   Special flood considerations
[Not adopted]
Part 6 Urban release areas
6.1   Concurrence of Planning Secretary
(1)  The objective of this clause is to ensure designated State public infrastructure is sufficient to address the impact of intensive subdivision of land in an urban release area.
(2)  This clause applies to the subdivision of land in an urban release area if the subdivision would result in a lot that is smaller than the minimum lot size permitted on the land immediately before—
(a)  for land shown as “Googong” on the Urban Release Area Map—24 December 2009, or
(b)  for land shown as “South Jerrabomberra” on the Urban Release Area Map—29 March 2019, or
(c)  otherwise—the land became, or became part of, an urban release area.
(3)  Development consent must not be granted to the subdivision unless the consent authority has obtained the concurrence of the Planning Secretary.
(4)  In deciding whether to grant concurrence, the Planning Secretary must consider the following—
(a)  the impact of the subdivision on—
(i)  existing designated State public infrastructure, and
(ii)  the need for additional designated State public infrastructure,
(b)  the cumulative impact of the subdivision with other development that has been, or is likely to be, carried out in surrounding areas on—
(i)  existing designated State public infrastructure, and
(ii)  the need for additional designated State public infrastructure,
(c)  the steps taken to address those impacts, including whether a planning agreement has been, or will be, entered into to contribute to designated State public infrastructure.
(5)  In deciding whether to grant concurrence, the Planning Secretary must also consult the public authorities that the Planning Secretary considers relevant to the development.
(6)  This clause does not apply—
(a)  if all or part of the land to be subdivided is in a special contributions area to which a determination under the Act, section 7.23 applies, or
(b)  to the subdivision of a lot that is, in the Planning Secretary’s opinion, a residue lot, or
(c)  to a lot created by a subdivision of land under a previous development consent granted in accordance with—
(i)  this clause, or
(ii)  Queanbeyan Local Environmental Plan 2012, clause 6.1, before its repeal, or
(iii)  Queanbeyan Local Environmental Plan (South Jerrabomberra) 2012, clause 6.1, before its repeal, or
(d)  to a lot proposed to be reserved or dedicated for public open space, public roads, public utility undertakings, educational establishments or other public purposes, or
(e)  to subdivision that is only for the purposes of rectifying an encroachment on an existing lot.
(7)  In this clause—
designated State public infrastructure means public facilities or services of the following kinds that are provided or financed by the State, or if provided or financed by the private sector, to the extent of the financial or in-kind contribution by the State—
(a)  State and regional roads,
(b)  bus interchanges and bus lanes,
(c)  rail infrastructure and land,
(d)  regional parks and public space,
(e)  social infrastructure and facilities, including schools, hospitals, emergency services and justice facilities.
6.2   Public utility infrastructure
(1)  Development consent must not be granted for development on land in an urban release area unless the consent authority is satisfied—
(a)  the public utility infrastructure essential for the development is available, or
(b)  adequate arrangements have been made to ensure the infrastructure will be available when required.
(2)  This clause does not apply to development for the purpose of providing, extending, augmenting, maintaining or repairing public utility infrastructure.
(3)  In this clause—
public utility infrastructure, in relation to an urban release area, includes infrastructure for the following—
(a)  the supply of water,
(b)  the supply of electricity,
(c)  the disposal and management of sewage.
6.3   Development control plan
(1)  The objective of this clause is to ensure that development on land in an urban release area occurs—
(a)  in a logical and cost-effective way, and
(b)  in accordance with a staging plan, and
(c)  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 the following—
(a)  a staging plan for the timely and efficient release of urban land that provides for necessary infrastructure and sequencing,
(b)  an overall transport movement hierarchy showing the major circulation routes and connections required for a simple and safe movement system for private vehicles, public transport, pedestrians and cyclists,
(c)  an overall landscaping strategy for the protection and enhancement of riparian areas and remnant vegetation, including visually prominent locations, and detailed landscaping requirements for both the public and private domain,
(d)  a network of active and passive recreation areas,
(e)  stormwater and water quality management controls,
(f)  management of natural and environmental hazards, including bush fire, flooding and site contamination and, in relation to natural hazards, the safe occupation of and evacuation from affected land,
(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 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 all of the lots proposed to be created will be reserved or dedicated for public open space, public roads or other public or environmental protection purposes,
(c)  a subdivision of land in a zone in which the erection of structures is prohibited,
(d)  development of a minor nature only, if, in the consent authority’s opinion, the development is consistent with the objectives of the zone in which the development will be carried out.
6.4   Development near Googong Dam foreshores
(1)  The objective of this clause is to ensure development in the Googong Dam water supply catchment area does not compromise water supply and quality.
(2)  Development consent must not be granted to the erection of a building on land identified as “Googong Foreshore Buffer” on the Local Clauses Map unless the consent authority is satisfied—
(a)  the building and associated infrastructure will be appropriate, taking into account the environmental capability of the land, and
(b)  the development will be managed appropriately in relation to the following—
(i)  bush fire control,
(ii)  vegetation clearing,
(iii)  access provision,
(iv)  fencing controls,
(v)  recreational uses,
(vi)  feral animal and weed control,
(vii)  grazing management,
(viii)  keeping of animals,
(ix)  landscaping with indigenous species.
Part 7 Additional local provisions
7.1   Earthworks
(1)  The objectives of this clause are—
(a)  to ensure earthworks for which development consent is required will not have a detrimental impact on environmental functions and processes, neighbouring uses, cultural or heritage items and features of the surrounding land, and
(b)  to allow earthworks of a minor nature without requiring separate development consent.
(2)  Development consent is required for earthworks unless—
(a)  the work is exempt development under—
(i)  this Plan, or
(ii)  another applicable environmental planning instrument, or
(b)  the work is ancillary to other development for which development consent has been granted.
(3)  In deciding whether to grant development consent for earthworks, or for development involving ancillary earthworks, the consent authority must consider the following matters—
(a)  the likely disruption of, or the detrimental effect on, 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 the fill material and the destination of the excavated material,
(f)  the likelihood of disturbing relics,
(g)  the proximity to, and potential for adverse impacts on, a waterway, drinking water catchment or environmentally sensitive area,
(h)  appropriate measures to avoid, minimise or mitigate the impacts of the development.
Note—
The National Parks and Wildlife Act 1974, particularly section 86, deals with harming Aboriginal objects.
7.2   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 the continued existence of native fauna and flora, and
(c)  encouraging the conservation and recovery of native fauna and flora and their habitats.
(2)  This clause applies to land identified as “Biodiversity” on the Terrestrial Biodiversity Map.
(3)  In deciding whether to grant development consent for development on land to which this clause applies, the consent authority must consider—
(a)  whether the development is likely to have—
(i)  an adverse impact on the condition, ecological value and significance of the fauna and flora on the land, and
(ii)  an adverse impact on the importance of the vegetation on the land to the habitat and survival of native fauna, and
(iii)  the potential to fragment, disturb or diminish the biodiversity structure, function and composition of the land, and
(iv)  an adverse impact on the habitat elements providing connectivity on the land, and
(b)  appropriate measures to avoid, minimise or mitigate the impacts of the development.
(4)  Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied—
(a)  the development is designed, sited and will be managed to avoid a significant adverse environmental impact, or
(b)  if a significant adverse environmental impact cannot be reasonably avoided—the development is designed, sited and will be managed to minimise the impact.
7.3   Drinking water catchments
(1)  The objectives of this clause are—
(a)  to protect drinking water catchments by minimising the adverse impacts of development on the quality and quantity of water entering drinking water storages, and
(b)  to maintain water quality and the natural environment in the Sydney, Googong and Captains Flat drinking water catchments.
(2)  This clause applies to land identified as “Drinking water catchment” on the Drinking Water Catchment Map.
(3)  In deciding whether to grant development consent for development on land to which this clause applies, the consent authority must consider the following—
(a)  whether the development is likely to have an adverse impact on the quality and quantity of water entering the drinking water storage, having regard to the following—
(i)  the distance between the development and any waterway that feeds into the drinking water storage,
(ii)  the on-site use, storage and disposal of any chemicals on the land,
(iii)  the treatment, storage and disposal of waste water and solid waste generated or used by the development,
(b)  appropriate measures to avoid, minimise or mitigate the impacts of the development.
(4)  Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied—
(a)  the development is designed, sited and will be managed to avoid a significant adverse impact on water quality and flows, or
(b)  if a significant adverse impact cannot be reasonably avoided—the development is designed, sited and will be managed to minimise the impact.
7.4   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 and riparian habitats,
(d)  ecological processes within watercourses and riparian areas.
(2)  This clause applies to—
(a)  land identified as “Watercourse” on the Riparian Lands and Watercourses Map, and
(b)  all land within 40m of the top of the bank of each watercourse on land identified as “Watercourse” on that map.
(3)  In deciding whether to grant development consent for development on land to which this clause applies, the consent authority must consider—
(a)  whether the development is likely to have an adverse impact on the following—
(i)  the water quality and flows within the 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)  the future rehabilitation of the watercourse and riparian areas, and
(b)  whether the development is likely to increase water extraction from the watercourse, and
(c)  appropriate measures to avoid, minimise or mitigate the impacts of the development.
(4)  Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied—
(a)  the development is designed, sited and will be managed to avoid a significant adverse environmental impact, or
(b)  if a significant adverse environmental impact cannot be reasonably avoided—the development is designed, sited and will be managed to minimise the impact.
7.5   Salinity
(1)  The objectives of this clause are to—
(a)  ensure land subject to salinity is appropriately managed, and
(b)  minimise and mitigate the adverse impacts of development that contributes to salinity.
(2)  This clause applies to land identified as “Salinity” on the Landscape Map.
(3)  In deciding whether to grant development consent for development on land to which this clause applies, the consent authority must consider the following—
(a)  whether the development is likely to have an adverse impact on salinity processes on the land,
(b)  whether salinity is likely to have an impact on the development,
(c)  appropriate measures to avoid, minimise or mitigate the impacts of the development.
(4)  Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied—
(a)  the development is designed, sited and will be managed to avoid a significant adverse environmental impact, or
(b)  if a significant adverse environmental impact cannot be reasonably avoided—the development is designed, sited and will be managed to minimise the impact.
7.6   Highly erodible soils
(1)  The objective of this clause is to provide for the appropriate management of land that—
(a)  has highly erodible soils, or
(b)  has the potential to be affected by soil erosion.
(2)  This clause applies to land identified as “Erodible Lands” on the Landscape Map.
(3)  In deciding whether to grant development consent for development on land to which this clause applies, the consent authority must consider the following—
(a)  whether the development is likely to have an impact on soil erosion processes,
(b)  whether soil erosion processes are likely to have an impact on the development,
(c)  appropriate measures to avoid, minimise or mitigate the impacts of the development.
(4)  Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied—
(a)  the development is designed, sited and will be managed to avoid a significant adverse environmental impact, or
(b)  if a significant adverse environmental impact cannot be avoided—the development is designed, sited and will be managed to minimise the impact.
7.7   Slopes over 18 degrees
(1)  The objective of this clause is to provide for the appropriate management of land with a slope of over 18 degrees.
(2)  This clause applies to land identified as “Slopes over 18 degrees” on the Landscape Map.
(3)  In deciding whether to grant development consent for development on land to which this clause applies, the consent authority must consider—
(a)  whether the development is likely to have an impact on surrounding vegetation, the movement of water and soil erosion, and
(b)  appropriate measures to avoid, minimise or mitigate the impacts of the development.
(4)  Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied—
(a)  the development is designed, sited and will be managed to avoid a significant adverse environmental impact, or
(b)  if a significant adverse environmental impact cannot be avoided—the development is designed, sited and will be managed to minimise the impact.
7.8   Airspace operations
(1)  The objectives of this clause are—
(a)  to provide for the effective and ongoing operation of Canberra Airport by ensuring the operation of the airport is not compromised by proposed development that penetrates the Limitation or Operations Surface, and
(b)  to protect the community from undue risk from the operation of the airport.
(2)  Development consent must not be granted to development that the consent authority is satisfied will penetrate the Limitation or Operations Surface for Canberra Airport unless the consent authority has notified the operator of Canberra Airport of the development.
(3)  In this clause—
Limitation or Operations Surface, for Canberra Airport, means the following—
(a)  the Obstacle Limitation Surface shown on the Obstacle Limitation Surface Map,
(b)  the Procedures for Air Navigation Services Operations Surface as shown on the Procedures for Air Navigation Services Operations Surface Map.
Obstacle Limitation Surface Map means the Obstacle Limitation Surface Map for Canberra Airport prepared by the Commonwealth Department responsible for airports.
Procedures for Air Navigation Services Operations Surface Map means the Procedures for Air Navigation Services Operations Surface Map for Canberra Airport prepared by the Commonwealth Department responsible for airports.
7.9   Development in areas subject to aircraft noise
(1)  The objectives of this clause are as follows—
(a)  to prevent certain noise sensitive developments from being located near Canberra Airport and the airport flight paths,
(b)  to minimise the impact of aircraft noise from the airport and the flight paths by requiring appropriate noise attenuation measures in noise sensitive buildings,
(c)  to ensure development near the airport does not hinder or have other adverse impacts on the ongoing, safe and efficient operation of Canberra Airport.
(2)  This clause applies to development—
(a)  on land—
(i)  near Canberra Airport, and
(ii)  in an ANEF contour of 20 or greater, and
(b)  the consent authority considers likely to be adversely affected by aircraft noise.
(3)  Development consent must not be granted to the development unless the consent authority—
(a)  considers whether the development will result in an increase in the number of dwellings or people affected by aircraft noise, and
(b)  considers 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 2021:2015, and
(c)  is satisfied the development will meet the indoor design sound levels shown in Table 3.3 (Indoor Design Sound Levels for Determination of Aircraft Noise Reduction) in AS 2021:2015.
(4)  In this clause—
ANEF contour means a noise exposure contour shown as an ANEF contour on the Noise Exposure Forecast Contour Map for Canberra Airport prepared by the Commonwealth Department responsible for airports.
AS 2021:2015 means AS 2021:2015, Acoustics—Aircraft noise intrusion—Building siting and construction.
7.10   Aircraft noise—development in the South Jerrabomberra Urban Release Area
(1)  The objective of this clause is to provide specific controls in relation to noise sensitive development in the South Jerrabomberra Urban Release Area.
(2)  This clause applies to development on land in the South Jerrabomberra Urban Release Area.
(3)  Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied the development will meet the indoor design sound levels shown in Table 3.3 (Indoor Design Sound Levels for Determination of Aircraft Noise Reduction) in AS 2021:2015.
(4)  In this clause—
AS 2021:2015 means AS 2021:2015, Acoustics—Aircraft noise intrusion—Building siting and construction.
South Jerrabomberra Urban Release Area means the land shown as “South Jerrabomberra” on the Urban Release Area Map.
7.11   Development in areas adjoining national parks and nature reserves
(1)  The objective of this clause is to protect the aesthetic, conservation, recreational and scientific value of national parks and nature reserves.
(2)  This clause applies to land adjoining a national park or nature reserve.
(3)  In deciding whether to grant development consent to development on land to which this clause applies, the consent authority must consider the following—
(a)  whether the development is compatible with, and does not detract from, the values of the national park or nature reserve,
(b)  management plans applicable to nearby areas within the national park or nature reserve,
(c)  whether the development has been designed and located to minimise visual intrusion when viewed from vantage points within the national park or nature reserve.
7.12   Essential services
Development consent must not be granted to development unless the consent authority is satisfied all of the following services that are essential for the development are available or that adequate arrangements have been made to make them available when required—
(a)  the supply of water,
(b)  the supply of electricity,
(c)  the disposal and management of sewage,
(d)  stormwater drainage or on-site conservation,
(e)  suitable vehicular access.
7.13   Location of sex services premises
(1)  The objective of this clause is to minimise land use conflicts and adverse amenity impacts by providing a reasonable level of separation between sex services premises, specified land uses and places regularly frequented by children.
(2)  In deciding whether to grant development consent to development for the purposes of sex services premises, the consent authority must consider the following—
(a)  whether the premises will be located on land that adjoins, is directly opposite or is separated only by a local road from land—
(i)  in Zone R1 General Residential, Zone R2 Low Density Residential, Zone R3 Medium Density Residential or Zone RE1 Public Recreation, or
(ii)  used for the purposes of centre-based child care facilities, community facilities, schools or places of public worship,
(b)  the impact of the development and its hours of operation on a place likely to be regularly frequented by children—
(i)  that adjoins the development, or
(ii)  that can be viewed from the development, or
(iii)  from which a person can view the development.
7.14   Scenic protection
(1)  The objectives of this clause are—
(a)  to recognise and protect the natural environment and scenic amenity of the land to which this clause applies, and
(b)  to ensure development on land to which this clause applies is located and designed to minimise the visual impact of the development on those environments.
(2)  This clause applies to land identified as “Scenic Protection Area” on the Scenic Protection Map.
(3)  Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied—
(a)  measures will be taken, including in relation to the location and design of the development, to minimise the visual impact of the development on the natural environment and scenic amenity of the land, and
(b)  the development will incorporate conservation and rehabilitation measures to preserve the scenic amenity of the land.
(4)  Land to which this clause applies is taken to be land within a protected area for the purposes of the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, clause 1.19(1)(e)(v).
7.15   Active street frontages
(1)  The objective of this clause is to promote uses that attract pedestrian traffic along certain ground floor street frontages in Zone B3 Commercial Core.
(2)  This clause applies to land identified as “Active street frontage” on the Active Street Frontages Map.
(3)  Development consent must not be granted to the erection of a building, or a change of use of a building, on land to which this clause applies unless the consent authority is satisfied that the building will have an active street frontage after its erection or change of use.
(4)  An active street frontage is not required for part of a building used for the following—
(a)  entrances and lobbies, including as part of mixed use development,
(b)  access for fire services,
(c)  vehicular access.
(5)  In this clause, a building has an active street frontage if all premises on the ground floor of the building facing the street are used for the purposes of business premises or retail premises.
7.16   Development near Cooma Road Quarry
(1)  The objective of this clause is to protect the operational environment of the Cooma Road Quarry.
(2)  This clause applies to land identified as “Quarry Buffer Area” on the Local Clauses Map.
(3)  In deciding whether to grant development consent to development on land to which this clause applies, the consent authority must consider the following—
(a)  the impact of noise, vibration and other emissions on the development from the operation of Cooma Road Quarry,
(b)  whether opportunities exist to carry out the development on other land,
(c)  whether the development will adversely affect the operational environment of the quarry.
7.17   Development near HMAS Harman
(1)  The objective of this clause is to contribute to the protection of the operational environment of HMAS Harman and the role of the naval base as a national defence facility.
(2)  This clause applies to land within—
(a)  2km of HMAS Harman, measured from the intersection of Waller Road and Pharup Place, and
(b)  Zone IN1 General Industrial or Zone IN2 Light Industrial.
(3)  Development consent must not be granted to the erection of a building with a height exceeding 8.5m on land to which this clause applies unless the consent authority has—
(a)  consulted the Commonwealth Department of Defence in relation to the development, and
(b)  considered comments, if any, received from the Department within 28 days of consulting the Department.
7.18   Development near arterial roads
(1)  The objectives of this clause are—
(a)  to minimise visual or acoustic impacts from arterial roads on development on land near the arterial roads, and
(b)  to ensure development will not compromise, restrict or otherwise prevent the future use of that land as an arterial road.
(2)  This clause applies to the land identified as “Arterial Road Area” on the Local Clauses Map.
(3)  Development consent must not be granted to development within 30m of land to which this clause applies unless the consent authority has considered—
(a)  the impact of noise, vibrations and other emissions on the development from—
(i)  construction associated with an arterial road, if any, and
(ii)  the operation of an arterial road, and
(b)  if the development involves subdivision—whether the development would prejudice or otherwise restrict the construction or operation of an arterial road including the provision of public utility infrastructure, if any.
7.19   Development near Hume Industrial Area and Goulburn to Bombala Railway Line
(1)  The objective of this clause is to minimise the impact of noise, vibration and other emissions on development near—
(a)  the Hume Industrial Area, and
(b)  the Goulburn to Bombala Railway Line.
(2)  This clause applies to the land identified as “Visual and Acoustic Buffer Land” on the Local Clauses Map.
(3)  Development consent must not be granted to development on land to which this clause applies unless the consent authority has considered the following—
(a)  the impact of noise from nearby land uses, having regard to proposed noise mitigation measures,
(b)  the visual impact of the Hume Industrial Area and Goulburn to Bombala Railway Line on the development,
(c)  the impact of noise, vibrations and other emissions on the development from nearby industrial land uses and associated activities.
7.20   Animal boarding or training establishments
(1)  The objective of this clause is to ensure animal boarding or training establishments for which development consent is required will not have an adverse impact on the amenity of surrounding land uses.
(2)  In deciding whether to grant development consent for animal boarding or training establishments, the consent authority must consider—
(a)  the impact of noise and other emissions from the development on surrounding land, and
(b)  whether the development will unreasonably have an adverse impact on the amenity of surrounding land uses.
7.21   Restaurants, cafes or function centres in Zone C4
(1)  The objective of this clause is to ensure that restaurants or cafes, or function centres, for which development consent is required will not have an adverse impact on the amenity of surrounding land uses.
(2)  In deciding whether to grant development consent for restaurants or cafes, or function centres, on land in Zone C4 Environmental Living, the consent authority must consider—
(a)  the impact of noise, traffic and other emissions from the development on surrounding land, and
(b)  whether the development will unreasonably have an adverse impact on the amenity of surrounding land uses.
7.22   Erection of rural workers’ dwellings on land in Zones RU1 and C3
(1)  The objective of this clause is to ensure adequate accommodation is provided to employees of existing agricultural or rural industries.
(2)  This clause applies to land in the following zones—
(a)  Zone RU1 Primary Production,
(b)  Zone C3 Environmental Management.
(3)  Development consent must not be granted to the erection of a rural worker’s dwelling on land to which this clause applies unless the consent authority is satisfied—
(a)  the development will be on the same lot as an existing lawfully erected dwelling house, and
(b)  the development will not impair the use of the land for the purposes of agricultural or rural industries, and
(c)  the agricultural or rural industry carried out on the land has a demonstrated economic capacity to support the ongoing employment of rural workers, and
(d)  the development is necessary, considering the nature of the agricultural or rural industry land use lawfully occurring on the land, or as a result of the remote or isolated location of the land, and
(e)  the development will not result in the erection of more than—
(i)  3 rural workers’ dwellings on a lot, and
(ii)  1 rural worker’s dwelling on every area of land equal to the minimum size shown on the Lot Size Map for the land.
7.23   Replacement of lawfully erected dwelling houses in Zones B2 and IN2
Development consent must not be granted for the erection of a dwelling house on land in Zone B2 Local Centre or Zone IN2 Light Industrial unless—
(a)  there is a lawfully erected dwelling house on the land, and
(b)  the dwelling house to be erected is intended only to replace the existing dwelling house.
7.24   Development at 202 Goolabri Drive, Sutton
(1)  This clause applies to Lot 3, DP 1074706, 202 Goolabri Drive, Sutton.
(2)  Development consent must not be granted to the subdivision of land to which this clause applies unless—
(a)  each resulting lot will be at least 4ha, and
(b)  no more than 6 resulting lots will be created by the subdivision.
7.25   Development on certain land at Braidwood, Bungendore and Googong
(1)  The objective of this clause is to encourage housing diversity without adversely impacting on residential amenity.
(2)  Land at Googong, identified as “Additional Development Area 1” on the Local Clauses Map and in Zone R1 General Residential, may be subdivided if—
(a)  each resulting lot will be at least 130m2, and
(b)  at least 4 lots will be created by the subdivision.
(3)  Land at Braidwood and Bungendore, identified as “Additional Development Area 2” on the Local Clauses Map and in Zone R1 General Residential, may be subdivided if—
(a)  each resulting lot will be at least 350m2, and
(b)  at least 3 lots will be created by the subdivision, and
(c)  a single dwelling house, attached dwelling or semi-detached dwelling will be erected on each resulting lot.
(4)  Development consent must not be granted to the subdivision unless the consent authority has considered whether the resulting lots will be developed consistently with the desired future character of the area.
7.26   Development on certain land at South Jerrabomberra
(1)  The objective of this clause is to encourage housing diversity without adversely impacting on residential amenity.
(2)  This clause applies to development on land shown as “South Jerrabomberra” on the Urban Release Area Map in Zone R2 Low Density Residential if the minimum lot size shown on the Lot Size Map is 130m2.
(3)  The land may be subdivided to create 4 or more lots if development for the following purposes will be carried out on the resulting lots—
(a)  attached dwellings,
(b)  dual occupancies,
(c)  dwelling houses,
(d)  semi-detached dwellings.
(4)  Development consent must not be granted to the subdivision unless the consent authority has considered whether the resulting lots will be developed consistently with the desired future character of the area.
Schedule 1 Additional permitted uses
(Clause 2.5)
1   Use of certain land at South Jerrabomberra
(1)  This clause applies to land in Zone B1 Neighbourhood Centre at South Jerrabomberra, identified as “Item 1” on the Additional Permitted Uses Map.
(2)  Development for the following purposes is permitted with development consent—
(a)  cellar door premises,
(b)  group homes,
(c)  landscaping material supplies,
(d)  pubs,
(e)  roadside stalls,
(f)  seniors housing,
(g)  serviced apartments.
2   Use of certain land at Bombay Road, Braidwood
(1)  This clause applies to Lot 4, DP 841326, Bombay Road, Braidwood.
(2)  Development for the purposes of self-storage units is permitted with development consent.
3   Use of land at 4–6 Majara Street, Bungendore
(1)  This clause applies to Lots 13 and 14, DP 1139067, 4–6 Majara Street, Bungendore.
(2)  Development for the purposes of seniors housing is permitted with development consent.
4   Use of certain land at Carwoola
(1)  This clause applies to the following land at Carwoola—
(a)  Lot 89, DP 754875, 352 Wanna Wanna Road,
(b)  Lot 146, DP 48277, 370 Wanna Wanna Road.
(2)  Development for the purposes of a single dwelling house on each lot is permitted with development consent.
5   Use of land at 67 Lorn Road, Crestwood
(1)  This clause applies to Lots 21 and 22, DP 225012, 67 Lorn Road, Crestwood.
(2)  Development for the purposes of educational establishments is permitted with development consent.
6   Use of land at 135 Uriarra Road, Crestwood
(1)  This clause applies to Lot 4, DP 1060200, 135 Uriarra Road, Crestwood.
(2)  Development for the purposes of commercial premises is permitted with development consent.
7   Use of certain land at Googong—Zone B2 Local Centre
(1)  This clause applies to land in Zone B2 Local Centre at Googong, identified as “Item 2” on the Additional Permitted Uses Map.
(2)  Development for the following purposes is permitted with development consent—
(a)  hostels,
(b)  multi dwelling housing,
(c)  residential flat buildings,
(d)  seniors housing.
8   Use of certain land at Googong—Zone R1 General Residential
(1)  This clause applies to land in Zone R1 General Residential at Googong, identified as “Item 3” on the Additional Permitted Uses Map.
(2)  Development for the following purposes is permitted with development consent—
(a)  advertising structures,
(b)  business premises,
(c)  food and drink premises,
(d)  kiosks,
(e)  markets,
(f)  office premises,
(g)  service stations,
(h)  shops.
9   Use of certain land at Googong Common, Googong
(1)  This clause applies to land at Googong known as “Googong Common”, identified as “Item 4” on the Additional Permitted Uses Map.
(2)  Development for the following purposes is permitted with development consent—
(a)  cellar door premises,
(b)  depots,
(c)  function centres,
(d)  garden centres,
(e)  horticulture,
(f)  landscaping material supplies,
(g)  plant nurseries,
(h)  resource recovery facilities,
(i)  viticulture,
(j)  waste or resource transfer stations.
10   Use of land at 19 Mol Crescent, Googong
(1)  This clause applies to Lot 2, DP 826105, 19 Mol Crescent, Googong.
(2)  Development for the purposes of a single dwelling house is permitted with development consent.
11   Use of land at 1400 Old Cooma Road, Googong
(1)  This clause applies to Lot 3, DP 827344, 1400 Old Cooma Road, Googong.
(2)  Development for the purposes of high technology industries is permitted with development consent.
12   Use of land at 229 Wickerslack Lane, Googong
(1)  This clause applies to Lots 7, 32, 92, 102, 104, 111 and 112, DP 754875 and Lot 2, DP 375866, 229 Wickerslack Lane, Googong.
(2)  Development for the purposes of farm buildings is permitted with development consent.
13   Use of land at 250 Lanyon Drive, Jerrabomberra
(1)  This clause applies to Lots 7328–7332, DP 1153148 and Lot 1, DP 1111489, 250 Lanyon Drive, Jerrabomberra, being Crown Land reserved for a cemetery.
(2)  Development for the purposes of kiosks is permitted with development consent.
14   Use of land at 59 Cooma Street, Queanbeyan
(1)  This clause applies to Lot 2, DP 815688, 59 Cooma Street, Queanbeyan.
(2)  Development for the purposes of business premises and office premises is permitted with development consent.
15   Use of land at 1 Bungendore Road, Queanbeyan East
(1)  This clause applies to Lot 1, DP 835570, 1 Bungendore Road, Queanbeyan East.
(2)  Development for the purposes of take away food and drink premises is permitted with development consent.
16   Use of land at 1 Buttle Street, Queanbeyan East
(1)  This clause applies to Lots 1–6, SP 40615, 1 Buttle Street, Queanbeyan East.
(2)  Development for the purposes of commercial premises is permitted with development consent.
17   Use of land at 53 Tharwa Road, Queanbeyan West
(1)  This clause applies to Lot 441, DP 623510, 53 Tharwa Road, Queanbeyan West.
(2)  Development for the purposes of hotel or motel accommodation is permitted with development consent.
18   Use of land at 1738 Old Cooma Road, Royalla
(1)  This clause applies to Lots 1 and 2, DP 555380 and Lot 152, DP 754912, 1738 Old Cooma Road, Royalla.
(2)  Development for the following purposes is permitted with development consent—
(a)  dwelling houses, if no more than 2 dwelling houses are erected,
(b)  farm buildings.
19   Use of land at 1865A Old Cooma Road, Royalla
(1)  This clause applies to Lot 186, DP 754871, 1865A Old Cooma Road, Royalla.
(2)  Development for the purposes of dwelling houses is permitted with development consent.
20   Use of land at 101 Alderson Place, Tralee
(1)  This clause applies to the following land at 101 Alderson Place, Tralee—
(a)  Lots 3, 5, 6, 8, 9, 11 and 12, DP 17224,
(b)  Lots 9–11, DP 130626,
(c)  Lot 100, DP 131036,
(d)  Lot 171, DP 1200349,
(e)  Lot 1, DP 1001136.
(2)  Development for the following purposes is permitted with development consent—
(a)  farm buildings,
(b)  for Lot 1, DP 1001136—a single dual occupancy.
21   Use of land at 223A Alderson Place, Tralee
(1)  This clause applies to the part of Lot 2, DP 1039904, 223A Alderson Place, Tralee, that is in Zone C2 Environmental Conservation.
(2)  Development for the purposes of a single dwelling house is permitted with development consent.
22   Use of certain land at Queanbeyan
(1)  This clause applies to certain land in Zone C2 Environmental Conservation shown hatched on the Additional Permitted Uses Map.
(2)  Development for the purposes of extensive agriculture is permitted with development consent.
23   Use of certain land adjoining the Goulburn to Bombala Railway Line
(1)  This clause applies to land adjoining the Goulburn to Bombala Railway Line, identified as “Item 5” on the Additional Permitted Uses Map.
(2)  Development for the following purposes is permitted with development consent—
(a)  advertising structures,
(b)  hotel or motel accommodation,
(c)  office premises,
(d)  pubs,
(e)  service stations,
(f)  small bars.
24   Use of certain land at Lanyon Drive, Jerrabomberra
(1)  This clause applies to part of Lot 1, DP 1263364, Lanyon Drive, Jerrabomberra, identified as “Item 6” on the Additional Permitted Uses Map.
(2)  Development for the purposes of a single educational establishment is permitted with development consent.
25   Use of certain land at 1187 and 1241 Old Cooma Road, Googong
(1)  This clause applies to the following land at Googong—
(a)  Lot 126, DP 754881, 1187 Old Cooma Road,
(b)  Lot 2, DP 112382, 1241 Old Cooma Road.
(2)  Development for the purposes of cemeteries is permitted with development consent.
sch 1: Am 2022 (675), cl 4.
Schedule 2 Exempt development
(Clause 3.1)
Note 1—
State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies exempt development under that Policy. The Policy has State-wide application. This Schedule contains additional exempt development not specified in that Policy.
Note 2—
Exempt development may be carried out without the need for development consent under the Act. Such development is not exempt from any approval, licence, permit or authority that is required under any other Act and adjoining owners’ property rights and the common law still apply.
A-frame signs relating to properties
(1)  Must not obstruct access to the premises or property or to adjacent premises or property.
(2)  Maximum display area on each side—1m × 900mm.
(3)  Must be stable.
(4)  Must be temporary and must only be displayed during opening hours.
(5)  Maximum 1 sign per premises or property.
(6)  If it relates to the sale, auction or lease of a property—must only contain directions to the location of the property.
Bus shelter advertising
(1)  Must not extend beyond the perimeter of the bus shelter.
(2)  Maximum 1 advertising panel per bus shelter, but the panel may have an advertisement on each side.
(3)  Must not be illuminated.
(4)  Must be installed by or on behalf of a public authority.
Evaporative cooling units—roof mounted
(1)  Must be for residential uses only.
(2)  Must be located at least 3m from each side boundary.
(3)  Must not be higher than 1.8m above the highest point of the roof of the building on which it is mounted.
(4)  Must be constructed or installed so that the roof remains weather proofed.
(5)  Must not involve work that reduces the structural integrity of the building.
(6)  Must be designed to operate—
(a)  during peak time—at a noise level at or less than 5dB(A) above the ambient background noise level measured at a property boundary, or
(b)  during off peak time—at a noise level that is not audible in habitable rooms of adjoining residences.
(7)  If located on bush fire prone land—
(a)  must be constructed of non-combustible material, and
(b)  be adequately sealed or protected to prevent the entry of embers.
(8)  If constructed or installed in a heritage conservation area or a draft heritage conservation area—must be located in the rear yard and must not be visible from a public road.
(9)  Must not be constructed or installed on or in a heritage item.
Farm dams in Zone RU1
(1)  Must have a way of managing water overflow.
(2)  Must be a minimum of 50m from the boundary of each property.
(3)  Must not involve works within 40m of the bank of a named watercourse.
(4)  Must not contain a spillway more than 1m in height.
Fixed freestanding information signs
(1)  Must be installed on land in an urban release area.
(2)  Must be installed by or on behalf of the Council.
(3)  Must be installed on land owned or held by the Council.
Note—
Under the Roads Act 1993, section 138(1)(a), a person must not erect a structure or carry out a work in, on or over a public road otherwise than with the consent of the appropriate roads authority.
(4)  Must not obstruct access to a premises or property or to adjacent premises or property.
(5)  Maximum display area—1.5m high × 1.2m wide.
(6)  Must be removed within 2 years of the day of installation, or a later date agreed to by the Council.
Property identification signs in rural and conservation zones
(1)  Must be located wholly within the property boundary.
(2)  Maximum display area—1.5m2 and 2m high.
(3)  Must not cause interference with local traffic conditions or impede the line of sight for traffic.
(4)  Must be erected adjacent to the property entrance.
(5)  Maximum 1 sign per property.
Street banners and sails on or over roads
Must be installed by or on behalf of the Council or Transport for NSW.
Schedule 3 Complying development
(Clause 3.2)
Note—
State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies complying development and the complying development conditions for that development under that Policy. The Policy has State-wide application. This Schedule contains additional complying development not specified in that Policy.
Part 1 Types of development
(When this Plan was made this Part was blank)
Part 2 Complying development certificate conditions
Note—
Complying development must comply with the requirements of the Act, the regulations under the Act and this Plan.
General conditions
Any development specified in Part 1 is subject to the same conditions set out in Schedule 6 to State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.
Schedule 4 Classification and reclassification of public land
(Clause 5.2)
Part 1 Land classified, or reclassified, as operational land—no interests changed
Column 1
Column 2
Locality
Description
Nil
 
Part 2 Land classified, or reclassified, as operational land—interests changed
Column 1
Column 2
Column 3
Locality
Description
Any trusts etc not discharged
Nil
  
Part 3 Land classified, or reclassified, as community land
Column 1
Column 2
Locality
Description
Nil
 
Schedule 5 Environmental heritage
(Clause 5.10)
Part 1 Heritage items
Suburb
Item name
Address
Property description
Significance
Item no
Araluen
Former Court House, including garden and Bunya pine
5894 Araluen Road
Lot 21, DP 1141849
Local
I1
Araluen
War Memorial (1914–18)
6086 Araluen Road
Lot B, DP 410512
Local
I2
Araluen
Roman Catholic Cemetery
136 Catholic Cemetery Road
Lot 1, DP 1119030
Local
I3
Araluen
Anglican Cemetery
76 Church of England Cemetery Road
Lot 7009, DP 92828
Local
I4
Back Creek
Bentley’s Point mining site
1308 Back Creek Road
Lots 26, 100 and 191, DP 755949
Local
I5
Ballalaba
Nithsdale homestead, barn, outbuildings and garden
1081 Wallaces Gap Road
Lot 11, DP 852907
Local
I6
Bombay
Jinglemoney homestead and weatherboard cottage
619 Farringdon Road
Lot 1, DP 1118818
Local
I7
Bombay
Eucalyptus still
198 Tally Ho Road; 54 Little Bombay Road; 120 Little Bombay Road
Part of Lot 1, DP 830602; Part of Lot 5, DP 1151647; Part of Lot 2, DP 1151647
Local
I8
Bombay
Bombay pipeclay sites and races
198 Tally Ho Road
Part of Lot 1, DP 830602
Local
I9
Braidwood
Dwelling house
9 Bowler Street
Lot 27, Section 14, DP 758152
Local
I10
Braidwood
Dwelling house
17 Coghill Street
Lot 2, DP 809425
Local
I11
Braidwood
Cottage
33 Coghill Street
Lot 17, Section 14, DP 758152
Local
I12
Braidwood
Dwelling house, including verandah and garden
1 Coronation Avenue
Lots 6–10, DP 2100
Local
I13
Braidwood
Dwelling house, including verandah
48 Coronation Avenue
Lot 7, Section B, DP 2726
Local
I14
Braidwood
Braidwood Cemetery
Cowper Street
Lot 1, DP 194644; Lots 7301 and 7302, DP 1160871; Lot 1, DP 345157; Lot 1, DP 947748; Lot 13, Section 12, DP 758152; Lot 14, Section 12, DP 758152; Lot 15, Section 12, DP 758152; Lot 16, Section 12, DP 758152; Lot 17, Section 12, DP 758152; Lot 18, Section 12, DP 758152; Lot 19, Section 12, DP 758152
Local
I15
Braidwood
Dwelling house, including stone quoins
51 Cowper Street
Lots 4–5, Section 17, DP 758152
Local
I16
Braidwood
Athol and outbuilding, including verandah and iron picket fence
59 Cowper Street
Lot 11, DP 1008982
Local
I17
Braidwood
Dwelling house
74 Cowper Street
Lot 7, Section 14, DP 758152
Local
I18
Braidwood
Cottage, including verandah and timber fretwork
50 Duncan Street
Lot 2, DP 529841
Local
I19
Braidwood
Cottage
58 Duncan Street
Lot B, DP 160139
Local
I20
Braidwood
Cottage, including door panelling
65 Duncan Street
Lot B, DP 154340
Local
I21
Braidwood
“The Villa”
80 Duncan Street
Lot 3, DP 596527
Local
I22
Braidwood
Former Wesleyan Chapel, including gothic arches, windows and doors
82 Duncan Street
Lot 1, DP 829063
Local
I23
Braidwood
Semi-detached cottage
87 Duncan Street
Lot 2, DP 813921
Local
I24
Braidwood
Semi-detached cottage
89 Duncan Street
Lot 1, DP 813921; Lot 81, DP 1139631
Local
I25
Braidwood
Cottage
91 Duncan Street
Lot 8, DP 1115123
Local
I26
Braidwood
Alf Thorley Automotive Engineering, including pressed metal walling
95 Duncan Street
Lot 2, DP 850984
Local
I27
Braidwood
Cottages
96 Duncan Street
Lot 4, DP 847717
Local
I28
Braidwood
Dwelling house and cottage
97–99 Duncan Street
Lot 1, DP 850984
Local
I29
Braidwood
Dwelling house
110 Duncan Street
Lot B, DP 158059
Local
I30
Braidwood
“Myona”
116 Duncan Street
Lot 12, DP 829963
Local
I31
Braidwood
Cottage
23 Elrington Street
Lot 1, DP 1094114
Local
I32
Braidwood
“The Patch”, including box hedges, garden and detailed verandah posts
24 Elrington Street
Lot 3, DP 65952
Local
I33
Braidwood
Cottage, including dormer window and cast iron verandah
25 Elrington Street
Lot 16, Section 10, DP 758152
Local
I34
Braidwood
Dwelling house
29 Elrington Street
Lot 14, Section 10, DP 758152
Local
I35
Braidwood
Dwelling house, including verandah with timber fretwork
31 Elrington Street
Lot B, DP 323905
Local
I36
Braidwood
Dwelling house
33 Elrington Street
Lot A, DP 323905
Local
I37
Braidwood
Dwelling house, including verandah and picket fence
35 Elrington Street
Lot 1, DP 840605
Local
I38
Braidwood
Dwelling house
37 Elrington Street
Lot 1, DP 986731
Local
I39
Braidwood
“Amarsham”
38 Elrington Street
Lot 1, DP 1251272
Local
I40
Braidwood
Cottage
39 Elrington Street
Lot 18, DP 1154315
Local
I41
Braidwood
Dwelling house
45 Elrington Street
Lot 2, DP 869933
Local
I42
Braidwood
St Andrew’s Anglican Church, including leadlight windows and belltower gargoyles
47 Elrington Street
Lot 1, DP 869933
Local
I43
Braidwood
“Badgery’s Cottage”
48 Elrington Street
Lot B, DP 153324
Local
I44
Braidwood
Masonic Hall
51 Elrington Street
Lot 1, DP 599468
Local
I45
Braidwood
Cottage, including chimneys
63 Elrington Street
Lot 1, DP 568393
Local
I46
Braidwood
Dwelling house
64 Elrington Street
Lot 7, Section 3, DP 758152
Local
I47
Braidwood
Cottage
6 Keder Street
Lot 25, Section 34, DP 758152
Local
I48
Braidwood
Cottage, including 12 pane windows
8 Keder Street
Lot 26, Section 34, DP 758152
Local
I49
Braidwood
Cottage
16 Keder Street
Lot 25, Section 15, DP 758152
Local
I50
Braidwood
Commemorative Poplar avenue
Kings Highway
 
Local
I51
Braidwood
Braidwood Racecourse, including grandstand and track fencing
6185 Kings Highway
Lot 290, DP 727632
Local
I52
Braidwood
Braidwood Showground, including pavilion, ticket box, canteen, wood-chopping arena, sheep pavilion and arena fencing
6247 Kings Highway
Lot 12, DP 755954
Local
I53
Braidwood
“Berridale”, including 12 pane windows
42 Lascelles Street
Lot D, DP 158857
Local
I54
Braidwood
Cottage, including 12 pane windows
47 Lascelles Street
Lot 1, DP 38747
Local
I55
Braidwood
Cottage, including 12 pane windows
49 Lascelles Street
Lot 2, DP 38747
Local
I56
Braidwood
“Hillington”, including 12 pane windows
50 Lascelles Street
Lot 1, DP 794118
Local
I57
Braidwood
Cottage
51 Lascelles Street
Lot 3, DP 38747
Local
I58
Braidwood
Cottage
53 Lascelles Street
Lot 4, DP 38747
Local
I59
Braidwood
Dwelling house, including fretwork bargeboard and verandah detailing
59 Lascelles Street
Lot 1, DP 742058
Local
I61
Braidwood
Cottages
60 Lascelles Street
Lot A, DP 157611
Local
I60
Braidwood
Cottage
61 Lascelles Street
Lot 1, DP 197933
Local
I62
Braidwood
Cottage, including 12 pane windows and finials
62 Lascelles Street
Lot B, DP 157611
Local
I63
Braidwood
Cottage, including 12 pane windows
64 Lascelles Street
Lot C, DP 157611
Local
I64
Braidwood
Cottage
77 Lascelles Street
Lots 1 and 2, DP 797286
Local
I65
Braidwood
“Rose Cottage”
112 Lascelles Street
Lot 12, DP 576767
Local
I66
Braidwood
“Ardstrath House” and remnant garden plantings
203 Little River Road
Lot 2, DP 705593
Local
I67
Braidwood
Cottage
1 McKellar Street
Lot 21, DP 826283
Local
I68
Braidwood
Cottage
12 McKellar Street
Lot 1, DP 65782
Local
I69
Braidwood
“The Gables”, including gables and verandah
18 McKellar Street
Lot 2, DP 852560
Local
I70
Braidwood
Former Mill Centre
19 McKellar Street and 200 Wallace Street
Lots 1 and 2, DP 846907
State
I71
Braidwood
Cottage
33 McKellar Street
Lot 4, DP 1097166
Local
I72
Braidwood
“Bedervale”
1/1a and 2/1a Monkittee Street; 78 and 80 Araluen Road
Lots 30–33, DP 1210066
State
I73
Braidwood
Former gatekeeper’s cottage
1 Monkittee Street
Lot 1, DP 799533
Local
I74
Braidwood
Cottage
15 Monkittee Street
Lot 7, Section 32, DP 758152
Local
I75
Braidwood
“Yately”
25–27 Monkittee Street
Lots 1 and 2, Section 32, DP 758152
Local
I76
Braidwood
Cottage
35 Monkittee Street
Lot 5, Section 31, DP 758152
Local
I77
Braidwood
Cottage, including verandah with timber detailing
51 Monkittee Street
Lot 6, Section 30, DP 758152
Local
I78
Braidwood
Cottages
52 Monkittee Street
Lot 22, DP 1023674
Local
I79
Braidwood
Dwelling house, including verandah with decorative trim
59 Monkittee Street
Lot 3, Section 30, DP 758152
Local
I80
Braidwood
Dwelling house
61 Monkittee Street
Lots 1 and 2, DP 797362
Local
I81
Braidwood
Cottage
63 Monkittee Street
Lot 1, Section 30, DP 758152
Local
I82
Braidwood
St Andrew’s Uniting Church, including gothic joinery to timber windows and timber finials
68 Monkittee Street
Lot 8, Section 10, DP 758152
Local
I83
Braidwood
Cottage
72 Monkittee Street
Lot 1, DP 194131
Local
I84
Braidwood
Dwelling house, including leadlight windows, oak profiles and cedar trims
76 Monkittee Street
Lot 1, DP 719449
Local
I85
Braidwood
Cottage, including verandah detailing
90 Monkittee Street
Lot 2, DP 563161
Local
I86
Braidwood
Cottage
94 Monkittee Street
Lot 1, DP 1048843
Local
I87
Braidwood
St Omer homestead, including main fireplace and chimney, plaster ceiling centre rose, 12 pane windows and pressed metal soffit
10586 Nerriga Road
Lot 4, DP 790531
Local
I88
Braidwood
“Bunn Cottage”, including external features of building
11210 Nerriga Road
Lot 41, DP 755954
Local
I89
Braidwood
“Doncaster Hotel”
1 Park Lane
Lots 1 and 2, DP 219650
Local
I90
Braidwood
Former Beehive stores
3 Park Lane
Lot 11, DP 630272
Local
I91
Braidwood
Cottage, including verandah and remnant iron lacework
5 Park Lane
Lot 10, DP 630272
Local
I92
Braidwood
“Hawthorn Hollow”, including verandah
7A Park Lane
Lot 1, DP 1275346
Local
I93
Braidwood
“Calderwood”
18 Park Lane
Lot 2, DP 1029125
Local
I94
Braidwood
Cottage
45 Ryrie Street
Lot 1, DP 817348
Local
I95
Braidwood
“Tidmarsh”, including dormers and verandah with timber valance
50 Ryrie Street
Lot 1, DP 209874; Lot 10, DP 1102342
Local
I96
Braidwood
“Arcona”
60 Ryrie Street
Lot 1, DP 712453
Local
I97
Braidwood
Mount Gillamatong
245 and 247 Sandholes Road
Lots 11 and 12, DP 1037053; Lot 487, DP 823488
Local
I98
Braidwood
Dwelling house and 2 slab outbuildings
3 Solus Street
Lot 2, DP 1029102
Local
I99
Braidwood
Cottage
5 Solus Street
Lot 1, DP 795425
Local
I100
Braidwood
Dwelling house
14 Solus Street
Lots 7–10, Section 6, DP 758152
Local
I101
Braidwood
War Memorial
Intersection of Wallace and Wilson Streets
Road reserve
Local
I102
Braidwood
Rock outcrops
7–13 Wallace Street, 8 Araluen Street and 42 Cowper Street
Lot 1, DP 1129342; Lots 11 and 12, DP 605235; Lot 2, DP 625654; Lot 1, Section 12 and Lots 8 and 9, Section 13, DP 758152
Local
I103
Braidwood
Cottage, including well
14 Wallace Street
Lot 3, Section 12, DP 758152
Local
I104
Braidwood
Cottage
16 Wallace Street
Lots 4 and 5, Section 12, DP 758152
Local
I105
Braidwood
Cottage
21 Wallace Street
Lot 1, DP 732815
Local
I106
Braidwood
Cottage
22 Wallace Street
Lot 7, Section 12, DP 758152
Local
I107
Braidwood
Cottage
25 Wallace Street
Lot 16, Section 13, DP 758152
Local
I108
Braidwood
Former shop
27 Wallace Street
Lot 17, Section 13, DP 758152
Local
I109
Braidwood
Former hotel
30 Wallace Street
Lot 11, DP 1109798
Local
I110
Braidwood
Former store
35 Wallace Street
Lot 14, Section 34, DP 758152
Local
I111
Braidwood
“Chez Nous”
39 Wallace Street
Lot 2, DP 1149369
Local
I112
Braidwood
Stone building
42 Wallace Street
Lot 6, Section 11, DP 758152
Local
I113
Braidwood
Shop and associated buildings
50 Wallace Street
Lot 8, DP 1138990
Local
I114
Braidwood
Former Criterion Gallery
56 Wallace Street
Lot 1, DP 70806
Local
I115
Braidwood
Shops and residences
68–70 Wallace Street
Lot 1, DP 780651
Local
I116
Braidwood
Former Weiby’s Shop
72 Wallace Street
Lot 1, DP 784306
Local
I117
Braidwood
Former Avonhurst Gallery, including decorative parapet
78 Wallace Street
Lot 1, DP 744550
Local
I118
Braidwood
Nomchong shops
80 Wallace Street
Lot B, DP 151504
Local
I119
Braidwood
St Bede’s Catholic Church and Presbytery, including bell tower, grave and cast iron picket fence
83 Wallace Street
Lots 6–8, DP 113033
Local
I120
Braidwood
Hannah Fyre Gallery and residence
84 Wallace Street
Lot 1, DP 711583
Local
I121
Braidwood
Shop and residence, including rear outbuildings
91 Wallace Street
Lot 14, DP 75439
Local
I122
Braidwood
National Theatre, including facade and entry
100 Wallace Street
Lot 2, DP 212019
Local
I123
Braidwood
Braidwood Bakery
101 Wallace Street
Lot 1, DP 1141292
Local
I124
Braidwood
Commercial premises, including rear outbuildings and gardens
102 Wallace Street
Lot 1, DP 797181
Local
I125
Braidwood
Corner shop
114 Wallace Street
Lot 25, DP 1102366
Local
I126
Braidwood
Former shop
116 Wallace Street
Lot 5, DP 38769
Local
I127
Braidwood
Albion Hotel, adjoining shops and stables
119 Wallace Street
Lot 1, DP 598830
State
I128
Braidwood
Commercial premises
121 Wallace Street
Lot 1, DP 995410
Local
I129
Braidwood
Restaurant and former bakery
123 Wallace Street
Lot 1, DP 784958
Local
I130
Braidwood
Commercial premises
124–126 Wallace Street
Lot 9, DP 629625
Local
I131
Braidwood
Commercial premises
125 Wallace Street
Lot 1, DP 713618
Local
I132
Braidwood
2-storey shop
130 Wallace Street
Lot 1, DP 198353
Local
I133
Braidwood
Commercial premises
132–134 Wallace Street
Lot 1, DP 736314
Local
I134
Braidwood
Former hotel, including verandah and cast iron lacework
133 Wallace Street
Lot 1, DP 1208847
Local
I135
Braidwood
Commercial premises
138 Wallace Street
Lot 2, DP 790199
Local
I136
Braidwood
Shops, including verandah and cast iron lacework
139 Wallace Street
Lot 1, DP 799427
Local
I137
Braidwood
2-storey former Victorian shop
141 Wallace Street
Lot 1, DP 1016978
Local
I138
Braidwood
2-storey former Victorian shop, including verandah, cast iron lacework and leadlight windows
143 Wallace Street
Lot A, DP 152313
Local
I139
Braidwood
Council Chambers Literary Institute
144 Wallace Street
Lots 32 and 34, Section 5, DP 758152
Local
I140
Braidwood
Royal Mail Hotel
145 Wallace Street
Lot 1, DP 1014250
Local
I141
Braidwood
Ryrie Park Pavilion, including finial
147 Wallace Street (Ryrie Park)
Lot 7300, DP 1153930
Local
I142
Braidwood
Post Office, residence and outbuilding
154 Wallace Street
Lot 12, DP 1017257
Local
I143
Braidwood
Court House
170 Wallace Street
Lot 7004, DP 1020633
Local
I144
Braidwood
Police residences
172–174 Wallace Street
Lots 1 and 2, DP 1153688
Local
I145
Braidwood
Braidwood Hotel, including verandah and cast iron lacework
180 Wallace Street
Lot 1, DP 711400
Local
I146
Braidwood
Former Australian Joint Stock Bank
185 Wallace Street
Lot 1, DP 1039618
Local
I147
Braidwood
Braidwood District Historical Society Museum
186 Wallace Street
Lot 1, DP 86338
State
I148
Braidwood
Former restaurant, including corner entrance
202 Wallace Street
Lot 1, DP 852560
Local
I149
Braidwood
Dwelling house
222 Wallace Street
Lot 1, DP 195098
Local
I150
Braidwood
Cottage
224 Wallace Street
Lot 1, DP 1028900
Local
I151
Braidwood
Cottage
226 Wallace Street
Lot 1, DP 770283
Local
I152
Braidwood
School buildings—1878 headmaster’s residence, 1854 classroom, including timber fretwork brackets and picket fence
9 Wilson Street
Lots 18–20, Section 5, DP 758152
Local
I153
Braidwood
Dwelling house
33 Wilson Street
Lot 1, DP 325274
Local
I154
Braidwood
Cottage
35 Wilson Street
Lot 2, DP 325274
Local
I155
Braidwood
Cottage
37 Wilson Street
Lot 4, Section A, DP 2726
Local
I156
Braidwood
Dwelling house, including outbuilding, fretwork bargeboards and round head windows
47 Wilson Street
Lot 1, DP 1144110
Local
I157
Braidwood
Dwelling house, including verandah with timber detailing
53 Wilson Street
Lot 1, DP 609431
Local
I158
Braidwood
Dwelling house, including double story verandah with ornate fretwork
58 Wilson Street
Lot 3, DP 1114513
Local
I159
Braidwood
Cottage
60 Wilson Street
Lot 1, DP 783434
Local
I160
Braidwood
Former Church of England Rectory, including garden
62 Wilson Street
Lot 2, DP 706093
Local
I161
Braidwood
Church of England Hall, including pressed metal cladding
68 Wilson Street
Lot 4, DP 582379
Local
I162
Braidwood
Cottage
70 Wilson Street
Lot 1, DP 714762
Local
I163
Braidwood
Cottage
73 Wilson Street
Lots 2 and 3, DP 741184
Local
I164
Braidwood
Cottage
74 Wilson Street
Lot 1, DP 799844
Local
I165
Braidwood
Dwelling house, including decorative fretwork bargeboard
75 Wilson Street
Lot 1, DP 633530
Local
I166
Bungendore
Cottage
9 Butmaroo Street
Lot 1, DP 1261761
Local
I167
Bungendore
St Philip’s Anglican Church, including stained glass windows and 4 gargoyles
19–23 Butmaroo Street
Lot 3, Section 10, DP 758183
Local
I168
Bungendore
Church hall, including decorative treatments
29 Butmaroo Street
Lot 1, Section 10, DP 758183
Local
I169
Bungendore
Former St Johns Uniting Church
48 Butmaroo Street
Lot 1, DP 1172336
Local
I170
Bungendore
Weatherboard cottage
54 Butmaroo Street
Lot 1, DP 1249941
Local
I171
Bungendore
Rendered cottage, including iron columns on verandah
65 Butmaroo Street
Lot 2, DP 717190
Local
I172
Bungendore
P.J.B. Osborne Memorial Fountain
Corner of Butmaroo and Gibraltar Streets
Road reserve adjacent to Lot 701, DP 1027107
Local
I173
Bungendore
Corner shop
42 Ellendon Street
Lot 1, DP 788661
Local
I174
Bungendore
Dwelling house
62 Ellendon Street
Lot 1, DP 612225
Local
I175
Bungendore
Stone dwelling house
64 Ellendon Street
Lot 2, DP 612225
Local
I176
Bungendore
“St Michael”
71 Ellendon Street
Lot 2, Section 1, DP 976608
Local
I177
Bungendore
Weatherboard cottage
78 Ellendon Street
Lot 10, Section 2, DP 976608
Local
I178
Bungendore
“Thornleigh”
21 Forster Street
Lot 1, DP 709437
Local
I179
Bungendore
Weatherboard cottage
38 Forster Street
Lot 15, Section 2, DP 976608
Local
I180
Bungendore
Weatherboard cottage
40 Forster Street
Lot 3, DP 1228105
Local
I181
Bungendore
Bungendore Soldiers Memorial
Gibraltar Street
Lot 701, DP 1027107
Local
I197
Bungendore
Railway station, rail yard and ancillary buildings
Gibraltar Street
Lot 4, DP 830878; Lots 1 and 2, DP 814518 and railway land to the south along Majara Street to Rutledge Street
State
I200
Bungendore
Former stone barn
5 Gibraltar Street
Lot 22, DP 584107
Local
I182
Bungendore
“Duart”, including windows and door
10 Gibraltar Street
Lot 14, Section 1, DP 758183
Local
I183
Bungendore
Brick dwelling house
11 Gibraltar Street
Lot 4, Section 11, DP 758183
Local
I184
Bungendore
Single-storey shop
12 Gibraltar Street
Lot 1, DP 827246
Local
I185
Bungendore
“Strathmore”, including iron columns, balustrade and frieze
13 Gibraltar Street
Lot 1, DP 817205
Local
I186
Bungendore
2-storey stone shop
18 Gibraltar Street
Lot 22, DP 800525
Local
I187
Bungendore
Royal Hotel, including iron lacework
34 Gibraltar Street
Lot 14, DP 774930
Local
I188
Bungendore
CWA building
40 Gibraltar Street
Lot 17, Section 2, DP 758183
Local
I189
Bungendore
Stone stables
42 Gibraltar Street
Lot 20, DP 852614
Local
I190
Bungendore
Court House
45 Gibraltar Street
Lot 1, Section 9, DP 758183
Local
I191
Bungendore
Police residence, including windows and arched lintels
45–49 Gibraltar Street
Lot 7303, DP 1153763
Local
I192
Bungendore
Post Office and shop
55 Gibraltar Street
Lot 16, DP 608516
Local
I193
Bungendore
School of Arts
57 Gibraltar Street
Lot 4, Section 9, DP 758183
Local
I194
Bungendore
Public school—original buildings
59–65 Gibraltar Street
Lot 2, Section 9, DP 758183
Local
I195
Bungendore
Former stone barn
82 Gibraltar Street
Lot 13, DP 629788
Local
I196
Bungendore
“Woodlands”, including cast iron verandahs, finials and bargeboard
660 Hoskinstown Road
Lot 118, DP 754893
Local
I198
Bungendore
Bungendore Stationmaster’s cottage
16 Majara Street
Lot 1, DP 814518
Local
I199
Bungendore
“Karingal”, including decorative verandah trim and weatherboard cladding
6–8 Malbon Street
Lot 4, DP 1062845
Local
I201
Bungendore
Dwelling house, including verandah
9 Malbon Street
Lot 11, DP 840692
Local
I202
Bungendore
Dwelling house
10 Malbon Street
Lot 1, DP 1062845
Local
I203
Bungendore
Dwelling house, including bargeboards and fireplaces
12 Malbon Street
Lot 4, DP 1204393
Local
I204
Bungendore
Cottage
14 Malbon Street
Lot 1, DP 1198404
Local
I205
Bungendore
Former Carrington Inn, including brickwork
21 Malbon Street
Lot 11, Section 24, DP 758183
Local
I206
Bungendore
Village Square, including complex of buildings
23–25 Malbon Street
Lot 1, DP 1074821
Local
I207
Bungendore
Weatherboard cottage
29 Malbon Street
Lot 1, DP 199874
Local
I208
Bungendore
Inter-war weatherboard cottage
36 Malbon Street
Lot 15, Section 10, DP 758183
Local
I209
Bungendore
Weatherboard cottage
53 Malbon Street
Lot 4, DP 949519
Local
I210
Bungendore
Weatherboard Federation cottage, including verandahs, chimneys and windows
68 Malbon Street
Lot 1, DP 714417
Local
I211
Bungendore
“Auverne”
119 Millpost Lane
Lots 180 and 205, DP 754893
Local
I212
Bungendore
“Millpost”, including dairy/meat house
312 Millpost Lane
Lots 14 and 121, DP 754893
Local
I213
Bungendore
Cottage, including bush pole posts and roof structure
15 Modbury Street
Lot 19, Section 4, DP 758183
Local
I214
Bungendore
“Deniston”, including verandah
16 Molonglo Street
Lot 2, DP 807552
Local
I215
Bungendore
Former Beehive Hotel, including chimneys and french doors
22 Molonglo Street
Lot 42, DP 587972; Lot 1, DP 731702
Local
I216
Bungendore
Former Commercial Bank
23 Molonglo Street
Lot 9, Section 12, DP 758183
Local
I217
Bungendore
“Elms Villa”
41 Molonglo Street
Lot 2, Section 12, DP 758183
Local
I218
Bungendore
Brick semi-detached cottages
45 Molonglo Street
Lots A and B, DP 150816
Local
I219
Bungendore
Dwelling house
3 Rutledge Street
Lot 1, DP 884309
Local
I220
Bungendore
Former doctor’s house, including leadlight windows
21 Rutledge Street
Lot 3, DP 1061391
Local
I221
Bungendore
Cottage
32 Rutledge Street
Lot 1, DP 1050568
Local
I222
Bungendore
Weatherboard cottage, including internal pressed tin panelling
35 Rutledge Street
Lot 5, DP 809730
Local
I223
Bungendore
“The Atelier”, including verandah and frieze
47 Rutledge Street
Lot 13, DP 236634
Local
I224
Bungendore
Cottage
55 Rutledge Street
Lot 7, Section 3, DP 976608
Local
I225
Bungendore
“Elmslea”, including leadlighting and art deco glazing
80 Tarago Road
Lot 21, DP 1176100
Local
I226
Bungendore
“Ashby”, including outbuildings
175 Tarago Road
Lot 1, DP 794724
Local
I227
Bungendore
“Mingarry”
307 Tarago Road
Lot 2, DP 880087
Local
I228
Bungendore
“Werriwa”, including gardens and outbuildings
866 Tarago Road
Lot 1, DP 1039100; Lot 1, DP 1173605
Local
I229
Bundendore
Bungendore Common
Turallo Terrace
Lot 701, DP 96238; Lot 701, DP 96239; Lot 701, DP 96240; Lot 1, DP 46300
Local
I231
Bungendore
Weatherboard cottage
7 Turallo Terrace
Lot 6, Section 1, DP 758183
Local
I230
Bungendore
Catholic Presbytery
26–28 Turallo Terrace
Lot 7, Section 15, DP 758183
Local
I232
Bungendore
Weatherboard cottage
29 Turallo Terrace
Lot 6, Section 2, DP 758183
Local
I233
Bungendore
St Mary’s Catholic Church
30 Turallo Terrace
Lot 8, Section 15, DP 758183
Local
I234
Bungendore
Roman Catholic Church Hall
32 Turallo Terrace
Lot 9, Section 15, DP 758183
Local
I235
Bungendore
Old Royal Inn
33 Turallo Terrace
Part of Lot 1, DP 1246680
Local
I236
Bungendore
“Birchfield”
34 Turallo Terrace
Lot 1, DP 882770
Local
I237
Bungendore
Former St Joseph’s Convent
52 Turallo Terrace
Lot 3, DP 1007969
Local
I238
Bungendore
Railway signalman’s cottage
63 Turallo Terrace
Lot 1, DP 814520
Local
I239
Bungendore
Preschool
64 Turallo Terrace
Lots 8 and 9, Section 16, DP 758183
Local
I240
Burra
Old Burra Schoolhouse
1196 Burra Road
Lot 167, DP 727590
Local
I241
Burra
Burra Station boundary marker
114 and 116 Keewong Lane
Lots 1 and 2, DP 1238169
Local
I242
Bywong
Bywong Gold Mining Town, including numerous corrugated iron, timber and pise buildings, several battery stampers, a poppet head, a stone lined well and a horse whim
35 Bywong Town Road
Lots 2, 3 and 4, DP 726680; Lots 268 and 269, DP 726679; Lot 1, DP 754873; Lots 118 and 119, DP 754873; Lots 1–7, Section 1, DP 758209; Lots 1–7, Section 2, DP 758209; Lots 1–8, Section 3, DP 758209; Lots 1–11, Section 4, DP 758209
Local
I243
Bywong
Johnstons Battery
21 Schofield Road
Lot 1, DP 252132
Local
I244
Captains Flat
Captains Flat Hospital
1 Blatchford Street
Lot 165, DP 754866
Local
I245
Captains Flat
Captains Flat Cemetery
Captains Flat Road
Lots 7013–7016, DP 1126795; Lots 7301 and 7302, DP 1143521
Local
I247
Captains Flat
Captains Flat railway goods shed, weighbridge, gantry and turntable
1 Captains Flat Road
Railway land adjacent to Lots 155, 194 and 319, DP 754870; Lot 1, DP 189797; Part of Lot 4424, DP 1217099; Lot 4425, DP 1217100
Local
I263
Captains Flat
Former railway station
1 Captains Flat Road
Lot 1, DP 189797 and adjacent land
Local
I246
Captains Flat
Former Station Masters residence
2 Copper Creek Road
Lot 1, DP 572636
Local
I248
Captains Flat
“Roscommon”
8 Copper Creek Road
Lot 2, DP 369062; Lot 192, DP 754870
Local
I249
Captains Flat
Bills’ Trough, including granite plaque and dog water bowl
Foxlow Street
Road reserve adjacent to Lot C, DP 321861
Local
I250
Captains Flat
“The Bollard House”
2 Foxlow Street
Lot 254, DP 754870
Local
I251
Captains Flat
Captains Flat Hotel, including bar
51 Foxlow Street
Lots 71 and 117, DP 754870
Local
I252
Captains Flat
Captains Flat Community Centre
53 Foxlow Street
Lot 78, DP 754870
Local
I253
Captains Flat
Former Captains Flat Post Office
55 Foxlow Street
Lot 2, DP 585090
Local
I254
Captains Flat
Captains Flat Miners Memorial, including 4 dioramas and a jenny wheel
65 Foxlow Street
Lot C, DP 321861
Local
I255
Captains Flat
Shop
70–78 Foxlow Street
Lot 3, DP 786505
Local
I256
Captains Flat
“The Outsider”
86 Foxlow Street
Lot B, DP 396566
Local
I257
Captains Flat
Captains Flat Police Station
178 Foxlow Street
Lot 3, DP 667593
Local
I258
Captains Flat
Former RSL Club
212–241 Foxlow Street
Lots 6 and 7, Section 6, DP 758223
Local
I259
Captains Flat
Captains Flat Public School—original buildings
14 Montgomery Street
Lots 12 and 14, Section 1, DP 758223
Local
I260
Captains Flat
Miner’s cottage
1 Mulga Street
Lot 56, DP 216396
Local
I261
Captains Flat
Miner’s cottage
11 Mulga Street
Lot 7, Section 2, DP 185452
Local
I262
Captains Flat
Lake George Mine, including smelter site, mine processing sites, railway precinct, Fosters Gulley and Keatings Collapse
5 Old Mines Road
Lot 2, DP 229690; Lot 1, DP 222274; Lot C, DP 172630; Lot 319, DP 754870; Lot 2, DP 1033184 and adjacent Crown land
Local
I264
Carwoola
Carwoola homestead
1701 Captains Flat Road
Lot 30, DP 596573
State
I267
Carwoola
Burbong homestead
6547 Kings Highway
Lot 1, DP 956848
Local
I266
Carwoola
Homestead
149 Wanna Wanna Road
Lot 16, DP 259432
Local
I265
Charleys Forest
Ah Hak’s Diggings, including tailings mounds
669 Charleys Forest Road
Lot 217, DP 720152; Lot 7307, DP 1147845
Local
I268
Collector
Winderadeen homestead, outbuildings and garden
5178 Federal Highway
Lot 5, DP 717984
Local
I269
Currawang
Cooper’s Vault
1197 and 1235 Collector Road
Lot 131, DP 750056; Lot 11, DP 754919
Local
I270
Currawang
“Willeroo”, including outbuildings
1235 Collector Road
Lot 11, DP 754919
Local
I271
Currawang
“Telegraph Hill”, including windows
2407 Currawang Road
Lot 6, DP 76748
Local
I273
Currawang
“Currawang House”, including doors and pigsty
2508 Currawang Road
Lot 3, DP 874516
Local
I274
Currawang
Currawang Mine
2508 Currawang Road
Lot 11, DP 800267
Local
I275
Currawang
St Matthias’ Anglican Church
2535 Currawang Road
Lot 81, DP 1140664
Local
I272
Currawang
“Baxter’s House”
2667 Currawang Road
Lot 1, DP 775837
Local
I276
Currawang
“Ivanhoe”
189 Telegraph Hill Road
Lot 169, DP 750013
Local
I277
Durran Durra
Wattle Park homestead
9618 Nerriga Road
Lot 144, DP 755932
Local
I278
Environa
Stone faced brick building
360A Lanyon Drive
Part of Lot 1, DP 1271857
Local
I279
Farringdon
Mt Elrington homestead, outbuildings and garden, including doors and verandahs
312 Mt Elrington Road
Lot 31, DP 1055709
Local
I280
Farringdon
Lowden Forest Park
Tallanganda State Forest
Part of Lot 5771, DP 1198500
State
I281
Googong
Shearing shed complex
36 Googong Road and 60 Weatherstone Circuit
Part of Lot 13, DP 1266001; Part of Lot 2, DP 1231713
Local
I282
Googong
McCawley “Sunset” homestead complex
141 Googong Road
Lot 2, DP 255492
Local
I285
Googong
Mount Campbell
1260 Old Cooma Road
Lot 18, DP 270301
Local
I283
Googong
St Paul’s Church of England
1290 Old Cooma Road
Lot 1, DP 151940
Local
I284
Harolds Cross
Ballalaba Barn
6271 Captains Flat Road
Lot 41, DP 883226
Local
I286
Hoskinstown
“The Briars” cemetery
137 Briars Sharrow Road
Lot 1, DP 814804
Local
I287
Hoskinstown
“The Briars”, including 2 dwelling houses and glass doors
187 Briars Sharrow Road
Lot 100, DP 1228612; Part of Lot 101, DP 1228612
Local
I288
Hoskinstown
St Mark’s Anglican Church, including 10 pews and cemetery
73 Forbes Creek Road
Lot 88, DP 754895
Local
I289
Hoskinstown
Molonglo Observatory Synthesis Telescope
1152 Hoskinstown Road
Lots 1, 2 and 5, DP 216202
Local
I290
Hoskinstown
“Hoskins Place”
1692 Hoskinstown Road
Lot 48, DP 231519
Local
I291
Hoskinstown
Hoskinstown Memorial Hall
1697 Hoskinstown Road
Lot 2, DP 190698
Local
I292
Hoskinstown
Former post office
1712 Hoskinstown Road
Lot 1, DP 864389
Local
I293
Hoskinstown
Victoria Hotel
1753 Hoskinstown Road
Lot 1, DP 904441
Local
I294
Hoskinstown
St Peter and St Paul’s Catholic Church, including cemetery
1786 Hoskinstown Road
Lot 41, DP 664584
Local
I295
Jembaicumbene
Chinese Cemetery
254 Majors Creek Road
Lot 2, DP755911
Local
I297
Jembaicumbene
Former steam flour mill, including stables and shearing shed
1/660 Majors Creek Road
Lot 1, DP 1234825
Local
I296
Jembaicumbene
Exeter Farm homestead and outbuildings, including kitchen and servants’ quarters
662 Majors Creek Road
Lot 106, DP 755934
Local
I298
Jembaicumbene
Belle Vue homestead and outbuildings
665 Majors Creek Road
Lot 1, DP 1104271
Local
I299
Jembaicumbene
Bells Paddock Dredge site, including remains of equipment and 3 dredges
665 Majors Creek Road
Lot 1, DP 125724
Local
I300
Jembaicumbene
Upper Jembaicumbene Dredge site, including remains of dredging machinery
665 Majors Creek Road
Lot 1, DP 1104271
Local
I301
Jembaicumbene
Lower Jembaicumbene Dredge sites, including 2 dredge pontoons
666 Majors Creek Road
Lot 2, DP 1134457; Lot 2, DP 1234825
Local
I302
Jembaicumbene
Durham Hall homestead and garden, including outbuildings
666 Majors Creek Road
Lot 2, DP 1134457
Local
I303
Jerrabomberra
Mount Jerrabomberra
Jerrabomberra Hill Road
DP 17204; DP 17205; DP 17206; Lots 1, 2 and 4, DP 595527; Lot 536, DP 8708; Lot 4, DP 727499; Lot 186, DP 811146; Part of Lot 357, DP 864750; Lot 7003, DP 1027105; Lot 872, DP 1060706; Lot 68, DP 1067568; Lot 1, DP 1215591
Local
I304
Krawarree
Boiler site
5810 Cooma Road
Lot 54, DP 752141
Local
I305
Lake George
“Currandooley”, including stables and garden
Currandooley Road
Lot 11, DP 237079
Local
I306
Larbert
Durran Durra Ruin
1170 Euradux Road
Lot 2, DP 755932
Local
I307
Larbert
“La Vista”, including doors and outbuildings
212–288 Larbert Road
Lot 67, DP 755915
Local
I308
Larbert
Khama-lea homestead and outbuildings
212–288 Larbert Road
Lots 10 and 11, DP 806191
Local
I309
Larbert
“Arnprior”
603 Mayfield Road
Lot 1, DP745022; Lot 7, Section 12, DP 758602; Lot F, DP 382901; Lots G and H, DP 393436; Lot 158, DP 754892
State
I310
Majors Creek
Cemetery, including monuments
103 and 105 Berlang Forest Road
Lot 1, DP 1105069; Lot 1, DP 1105070; Lot 1, DP 105071; Lot 1, DP 1105072; Lot 7303, DP 1148082; Lot 7304, DP 1148082; Lot 7318, DP 1167097
Local
I311
Majors Creek
St Stephen’s Anglican Church, including leadlight windows, pews and pulpit
16 Hill Street
Lot 7, Section 15, DP 758636.
Local
I312
Majors Creek
Majors Creek Road Bridge
Majors Creek Road
Adjacent to Lot 106, DP 1170553
Local
I313
Majors Creek
Chlorination works, including remains of various buildings and structures
920 Majors Creek Road
Lot 102, DP 1170553
Local
I314
Majors Creek
Elrington Hotel
2 Seymour Street
Lot 4, Section 18, DP 758636
Local
I315
Manar
“Manar House”, outbuildings and garden
306 Manar Road
Lot 3, DP 1060430; Part of Lot 2, DP 1154119; Part of Lots 3–5, DP 1255949
Local
I316
Marlowe
Charleyong Bridge over Mongarlowe River
Nerriga Road
 
Local
I317
Marlowe
Marlow Village and cemetery, including remains of several buildings
9127 Nerriga Road
Lot 2, DP 832458
Local
I318
Mayfield
Limekilns, Limekilns 1–4 mining sites and race system, including remains of buildings and Limekilns homestead and outbuildings
1200 Mayfield Road
Lot 1, DP 868299
Local
I319
Mayfield
Limekilns, Limekilns 1–4 mining sites and race system, including remains of buildings
1458 Mayfield Road
Lot 2, DP 868299
Local
I320
Mayfield
“Mayfield”
1746 Mayfield Road
Lots 6, 12, 35, 36, 43, 49, 63–65, 101, 102, 117, 118 and 120, DP 754892; Lot 13, DP 709322
State
I321
Mayfield
“Virginia”
495 Stewarts Crossing Road
Lot 1, DP 743169; Lot 133, DP 754892
State
I322
Mongarlowe
Tantulean Creek workings and races
Back Creek Road
Lot 200, DP 755918
Local
I325
Mongarlowe
Half Moon Mining sites
Half Moon Road
Lots 1, 2, 20, 21 and 53, DP 755949; Lot 7302, DP 1148198; Lot 216, DP 720152
Local
I326
Mongarlowe
Half Moon Farm House
196 Half Moon Road
Lot 1, DP 1010279
State
I327
Mongarlowe
Feagan’s Creek settlements
341 and 411 Half Moon Road
Lots 218 and 219, DP 720153; Lot 52, DP 755949
Local
I328
Mongarlowe
Chinese Cemetery
Little River Road
Lot 134, DP 755918
Local
I329
Mongarlowe
Mongarlowe River Bridge
Little River Road
Adjacent to Lot 1, DP 875181
Local
I323
Mongarlowe
“The Huts”
1313 Little River Road
Lot 231, DP 755918
Local
I324
Mongarlowe
Chinese Joss House site
1313 Little River Road
Lot 1, DP 875181
Local
I330
Mulloon
Palerang homestead and Palerang Cottage, including garden and outbuildings
154 Hazeldell Road
Lot 2, DP 1046553
Local
I331
Mulloon
Currency Lass Hotel and outbuildings
369 Hazeldell Road
Lot 1, DP 1046553
Local
I332
Mulloon
Hyland’s Cemetery, including headstones adjacent to vault
369 Hazeldell Road
Lot 1, DP 1046553
Local
I333
Mulloon
Former cold store
369 Hazeldell Road
Lot 1, DP 1046553
Local
I334
Mulloon
Scott Family Cemetery
3585 Kings Highway
Lot 119, DP 754897
Local
I335
Mulloon
Mulloon Copper Mines and Smelter, including hut sites
3585 Kings Highway
Lots 10 and 11, DP 1081634
Local
I336
Nerriga
Foot bridge
Nerriga Road
Road reserve adjacent to Lot 149, DP 726675
Local
I338
Nerriga
Commercial Hotel
6124 Nerriga Road
Lot 5, DP 1109042
Local
I339
Nerriga
Roman Catholic Cemetery
6221 Nerriga Road
Lot 99, DP 755944
Local
I340
Nerriga
Phoenix Mines, including remains of buildings
332 Old Timberlight Road
Lot 133, DP 755944
Local
I341
Nerriga
Timberlight Mines
617 Old Timberlight Road
Lot 7304, DP 1148363; Lot 55, DP 755944
Local
I342
Nerriga
Timberlight Village, including remains of huts
617 Old Timberlight Road
Lot 7305, DP 1148363; Lots 53 and 55, DP 755944
Local
I343
Nerriga
Anglican Cemetery
20 Willow Forest Road
Lot 7007, DP 1031116
Local
I337
Oallen
Jerricknorra Creek inverted siphon
7292 Nerriga Road
Lot 4, DP 755940
Local
I345
Oallen
Corang Water Race
482 and 668 Oallen Road; 78 and 149 Welcome Reef Road; 7292 Nerriga Road; 519 Corang Post Office Road; and Crown Land
Lots 331 and 332, DP 1016930; Lots 111 and 112, DP 1055010; Lots 4, 24 and 37, DP 755940; Lot 161, DP 874279
Local
I344
Primrose Valley
St Thomas Anglican Church, including cemetery
1909 Captains Flat Road
Lot 1, DP 955120
Local
I346
Primrose Valley
Foxlow Bridge
Hoskinstown Road
Road reserve adjacent to Lot 162, DP 754910
Local
I347
Queanbeyan
Dwelling house
5 Albert Street
Lots 11 and 12, DP 38054
Local
I348
Queanbeyan
Cottage
2 Alice Street
Lot 29, DP 13806
Local
I349
Queanbeyan
Cottage
4 Alice Street
Lot 30, DP 13806
Local
I350
Queanbeyan
Cottage
6 Alice Street
Lot 31, DP 13806
Local
I351
Queanbeyan
Cottage
9 Alice Street
Lot 44, DP 13806
Local
I352
Queanbeyan
Dwelling house
12 Alice Street
Lot 2, DP 1095519
Local
I353
Queanbeyan
Cottage
30 Atkinson Street
Lot A, DP 164331
Local
I354
Queanbeyan
Cottage
38 Atkinson Street
Lot B, DP 367816
Local
I355
Queanbeyan
Dwelling house
57 Atkinson Street
Lot 1, DP 513431
Local
I356
Queanbeyan
“Coroda”
58 Atkinson Street
Lot 3, DP 587190
Local
I357
Queanbeyan
“Sir Murray Tyrrell’s Cottage”
11 Blundell Street
Lot 17, DP 548458
Local
I358
Queanbeyan
“Cantle Cottage”
3 Booth Street
Lot 9, Section 19, DP 758862
Local
I359
Queanbeyan
“Gabriel’s Cottage”
26 Booth Street
Lot 4, DP 224371
Local
I360
Queanbeyan
Cottage
21 Buttle Street
Lot 1, DP 150744
Local
I361
Queanbeyan
Dwelling house
49 Cameron Road
Lot 2, DP 215849
Local
I362
Queanbeyan
Dwelling house
55 Cameron Road
Lot 13, Section C, DP 7491
Local
I363
Queanbeyan
Duplex
57–59 Cameron Road
Lots A and B, DP 351079
Local
I364
Queanbeyan
Dwelling house
61 Cameron Road
Lot 11, Section C, DP 7491
Local
I365
Queanbeyan
Dwelling house known initially as “Mimosa” and now as “Karabar”
71 Cameron Road
Lot 421, DP 553344
Local
I366
Queanbeyan
“Karawee”
50 Canberra Avenue
Part of Lot 1, DP 1256702
State
I415
Queanbeyan
“The Grotto”
Riverside Oval, 14–22 Carinya Street
Part of Lot 100, DP 1194186
Local
I367
Queanbeyan
Dwelling house
23 Carinya Street
Lot 1, DP 220459
Local
I368
Queanbeyan
Mill and Millhouse
55–57 Collett Street
Lots 11 and 12, DP 815597
State
I369
Queanbeyan
“Hibernia Lodge”
69 Collett Street
Lot 1, DP 349095
State
I370
Queanbeyan
Cottage
72 Collett Street
Lot 1, DP 714734
Local
I371
Queanbeyan
Old Queanbeyan Hospital—Rusten House
87 Collett Street
Part of Lot 2, DP 1203239
State
I372
Queanbeyan
Greek Orthodox Church
120 Collett Street (northeast corner of Campbell and Collett Streets)
Lot 63, DP 754907
Local
I373
Queanbeyan
Remnant dwelling house
126 Collett Street
Lot 18, Section A, DP 7255
Local
I374
Queanbeyan
Remnant dwelling house
145 Collett Street
Lot 27, Section B, DP 7255
Local
I375
Queanbeyan
Cottage
5 Collins Street
Lot 18, Section A, DP 13427
Local
I376
Queanbeyan
Dwelling house
22 Collins Street
Lot 3, Section B, DP 13427
Local
I377
Queanbeyan
Remnant dwelling house
46 Cooma Street
Lot 49, DP 32640
Local
I378
Queanbeyan
Remnant dwelling house
48 Cooma Street
Lot 6, DP 37240
Local
I379
Queanbeyan
Remnant dwelling house
58 Cooma Street
Lot 1, DP 37240
Local
I380
Queanbeyan
Cottages
22–24 Crawford Street
Lots 2 and 3, Section A, DP 7255
Local
I381
Queanbeyan
Hotel Queanbeyan
63 Crawford Street
Lots 4 and 5, DP 13869
Local
I382
Queanbeyan
Building
76 Crawford Street
Lots CP, 1 and 2, SP 23106
Local
I383
Queanbeyan
Queanbeyan Recreation and Leisure Centre
121–147 Crawford Street
Lot 261, DP 1127509
Local
I384
Queanbeyan
Boer War memorial
121–147 Crawford Street
Part of Lot 261, DP 1127509
Local
I436
Queanbeyan
Cottage
182 Crawford Street
Lot 1, DP 556014
Local
I385
Queanbeyan
Wright Building
200 Crawford Street
Lot A, DP 157292
Local
I386
Queanbeyan
Queanbeyan City Council Chambers, former School of Arts building
253 Crawford Street
Part of Lot 1, DP 1179998
Local
I387
Queanbeyan
Former fire station
257 Crawford Street
Part of Lot 2, DP 1179998
Local
I390
Queanbeyan
“Dutton’s Cottage”
257 Crawford Street
Part of Lot 2, DP 1179998
Local
I391
Queanbeyan
Masonic Hall
258 Crawford Street
Lot 3, DP 507909
Local
I388
Queanbeyan
Dwelling house
260 Crawford Street
Lot A, DP 389447
Local
I389
Queanbeyan
Weatherboard cottage
274 Crawford Street
Lot B, DP 157512
Local
I392
Queanbeyan
Weatherboard cottage
276 Crawford Street
Lot C, DP 157512
Local
I393
Queanbeyan
Dwelling house
1 Crest Road
Lot 2, DP 816124
Local
I423
Queanbeyan
Cottage
11–13 Derrima Road
Lots 25 and 26, Section A, DP 7255
Local
I394
Queanbeyan
Cottage
21 Derrima Road
Lot 32, Section A, DP 7255
Local
I395
Queanbeyan
Cottage
23 Derrima Road
Lot 31, Section A, DP 7255
Local
I396
Queanbeyan
Dwelling house
25 Derrima Road
Lot A, DP 37890
Local
I397
Queanbeyan
Dwelling house
35 Derrima Road
Lot A, DP 364414
Local
I398
Queanbeyan
Dwelling house
82 Derrima Road
Lot 15, DP 12593
Local
I399
Queanbeyan
“Langdene”
17 Donald Road
Lot 2, DP 12658
Local
I400
Queanbeyan
Cottage
25 Donald Road
Lot 5, DP 12658
Local
I401
Queanbeyan
Cottage
36 Donald Road
Lot 23, DP 516114
Local
I402
Queanbeyan
Dwelling house
38 Donald Road
Lot 1, DP 660144
Local
I403
Queanbeyan
Dwelling house
41 Donald Road
Lot 13, DP 12658
Local
I404
Queanbeyan
Dwelling house
43 Donald Road
Lot 14, DP 12658
Local
I405
Queanbeyan
Dwelling house
12 Early Street
Lot 24, Section H, DP 13427
Local
I406
Queanbeyan
Riverside Cemetery
40 Erin Street
Crown Reserve R 95617; Part of Lot 10, DP 1167880; Lot 1, DP 650607; Lots 54–56, DP 754907; Lots 7334 and 7335, DP 1154175; Lot 7303, DP 1137732; Lot 1, Section 33, DP 758862
Local
I407
Queanbeyan
Memorial to William James Farrer
Farrer Place
Part of Farrer Place road reserve
Local
I408
Queanbeyan
Tourist Information Centre, former municipal chambers, Lazarus sundial and World War I memorial
1–3 Farrer Place
Lot 1, Section 56, DP 758862
Local
I409
Queanbeyan
Queanbeyan and District Historical Society Museum
10 Farrer Place
Part of Lot 124, DP 1011230
Local
I410
Queanbeyan
Queanbeyan Showground
19–41 Farrer Place
Lots 1–24, DP 13963; Lot 6, DP 1116082; Lot 4, Section 56, DP 758862
State
I411
Queanbeyan
Remnant dwelling house
2 Federal Avenue
Lot 131, DP 832565
Local
I412
Queanbeyan
Homestead
15 Fergus Road
Lot 2, DP 505146
Local
I413
Queanbeyan
Cottage
31 Fergus Road
Lot 37, DP 13295
Local
I414
Queanbeyan
Aboriginal item—scarred tree site
Gale Precinct
Part of Lot 100, DP 727522
Local
I515
Queanbeyan
Aboriginal item—artefact scattering
Gale Precinct
Lot 60, DP 754907
Local
I516
Queanbeyan
Building
19 Hayes Street
Lot 25, DP 13806
Local
I416
Queanbeyan
Group of cottages
21–25 Hayes Street
Lots 70–72, DP 32640
Local
I417
Queanbeyan
Group of dwelling houses
34–36 Hayes Street
Lots 62 and 63, DP 32640
Local
I418
Queanbeyan
“Bull’s Cottage”
24 Henderson Road
Lots 10 and 11, Section P, DP 2207
Local
I419
Queanbeyan
Railway worker’s cottage
37 Henderson Road
Lot 1, DP 828793
Local
I420
Queanbeyan
Queanbeyan Railway Station group
43–47 Henderson Road
Part Lot 2, DP 1002170
State
I421
Queanbeyan
Dwelling house
76 Henderson Road
Lot 27, DP 12593
Local
I422
Queanbeyan
Group of dwelling houses
1 and 5 Hirst Avenue
Lots 116 and 118, DP 13963
Local
I424
Queanbeyan
Dwelling houses
6–8 Hirst Avenue
Lots 101 and 102, DP 13963
Local
I425
Queanbeyan
Group of dwelling houses
26–30 Hirst Avenue
Lots 5–7, DP 14068
Local
I426
Queanbeyan
Suspension bridge
Isabella Street
Intersection of Isabella and Collett Streets
Local
I427
Queanbeyan
Trees planted for Avenue of Memory
Isabella Street
Isabella Street road reserve from Crawford to Lowe Streets
Local
I428
Queanbeyan
“Falklands”
5 Isabella Street
Lots 94 and 95, DP 13963
Local
I429
Queanbeyan
Dwelling house
11 Isabella Street
Lot C, DP 334918; Part of Lot 98, DP 1014785; Lot 99, DP 13963
Local
I430
Queanbeyan
Public schoolhouse
23 Isabella Street
Lot 1, Section 21, DP 758862
Local
I431
Queanbeyan
Former St Benedict’s Convent
39 Isabella Street
Lot 1, DP 801099
Local
I432
Queanbeyan
Dwelling houses
4–6 Kathleen Street
Lots 51 and 52, DP 32640
Local
I433
Queanbeyan
Building
17–19 Kathleen Street
Lots 19 and 20, DP 37240
Local
I434
Queanbeyan
Group of dwelling houses
28–34 Kathleen Street
Lots 113–116, DP 32640
Local
I435
Queanbeyan
Commercial premises
24 Lowe Street
Lots 3 and 4, DP 14686
Local
I437
Queanbeyan
St Raphael’s Roman Catholic Church and St Gregory’s School complex
47–59 Lowe Street
Lot 1, DP 319352; Lot 7, Section 56, DP 758862
Local
I438
Queanbeyan
Ye Olde Kent Hotel
2 MacQuoid Street
Lot 112, DP 788863
Local
I439
Queanbeyan
Dog and Stile Inn
11–13 MacQuoid Street
Lots A and B, DP 161553
Local
I440
Queanbeyan
St Gregory’s Roman Catholic Church
15 MacQuoid Street
Part of Lot 1, DP 1182609
Local
I441
Queanbeyan
Cottage
33–37 MacQuoid Street
Lot 15, SP 78396
Local
I442
Queanbeyan
“Lazarus Cottage”
38 MacQuoid Street
Lot 1, DP 136856
Local
I443
Queanbeyan
“Torpy’s Cottage”
51 MacQuoid Street
Lot B, DP 377563
Local
I444
Queanbeyan
Group of dwelling houses
70–80 MacQuoid Street
Lot 3, DP 735030; Lot 6, DP 792815; Lots 1 and 2, SP 31573; Lots CP, 1 and 2, SP 40564
Local
I445
Queanbeyan
“Glenrock Cottage”
26 Malcolm Road
Lot 36, DP 228415
Local
I446
Queanbeyan
Dwelling house
1 McEwan Avenue
Lot 11, DP 881552
Local
I447
Queanbeyan
Weatherboard cottage
29 McIntosh Street
Lot 49, DP 12658
Local
I448
Queanbeyan
Remnants of cottage
3 McKeahnie Street
Lot 13, Section A, DP 8211
Local
I449
Queanbeyan
Dwelling house
14 McKeahnie Street
Lot C, DP 381891
Local
I450
Queanbeyan
Former Temperance Hall
2 Monaro Street
Part of Lot 2, DP 745806
Local
I451
Queanbeyan
Shop
9–11 Monaro Street
Lot 6, DP 239955
Local
I452
Queanbeyan
Shop
27–29 Monaro Street
Lot 4, DP 239955
Local
I453
Queanbeyan
Tourist Hotel
31–43 Monaro Street
Lot 10, DP 530627
Local
I454
Queanbeyan
Black’s Chambers
45–53 Monaro Street
Lot 16, DP 543424
Local
I455
Queanbeyan
Dudley Building
55–59 Monaro Street
Lot 14, DP 816328
Local
I456
Queanbeyan
Royal Hotel
85–93 Monaro Street
Lot 1, DP 624770
Local
I457
Queanbeyan
“Fallick’s Building”
95–99 Monaro Street
Lot 1, DP 131589
Local
I458
Queanbeyan
Federation free style shops
130–134 Monaro Street
Lot 1A, DP 162360; Lot 2B, DP 162361; Lot 1, DP 778814
Local
I459
Queanbeyan
Commercial premises
138–140 Monaro Street
Lot 3, DP 32660
Local
I460
Queanbeyan
Former Bradbury’s Brewery site
164 Monaro Street
Part of Lot 1, DP 1165483
Local
I461
Queanbeyan
Cottage
8 Moore Street
Lot 9, Section B, DP 7255
Local
I462
Queanbeyan
Cottage
15 Moore Street
Lot 8, Section C, DP 7255
Local
I463
Queanbeyan
St Stephen’s Presbyterian Church and Manse
2 Morisset Street
Lot 2, DP 810937
Local
I464
Queanbeyan
“Furlong House”
13 Morisset Street
Part of Lot CP, SP 90193
Local
I465
Queanbeyan
Dwelling house
32 Morton Street
Lot 1, DP 834558
Local
I466
Queanbeyan
Dwelling house
33 Morton Street
Lot 11, DP 14045
Local
I467
Queanbeyan
“Mill Thorpe House”
7 Mowatt Street
Lot 12, DP 507908
Local
I468
Queanbeyan
Queanbeyan Rail Bridge
Queanbeyan River, east of Queanbeyan Station
 
State
I469
Queanbeyan
Cottage
26 Ross Road
Lot 8, DP 549515
Local
I470
Queanbeyan
Dwelling house
27 Ross Road
Lots CP and 1, SP 97074
Local
I471
Queanbeyan
Dwelling house
29 Ross Road
Lot A, DP 439589
Local
I472
Queanbeyan
Dwelling house
66 Ross Road
Lot 24, Section D, DP 13427
Local
I473
Queanbeyan
Dwelling house
88 Ross Road
Lot 25, Section F, DP 13427
Local
I474
Queanbeyan
Dwelling house
132 Ross Road
Lot 68, DP 12658
Local
I475
Queanbeyan
Dwelling house
18 Rutledge Street
Lot 1, DP 710825
Local
I476
Queanbeyan
Parish hall— Anglican Parish of Queanbeyan
19 Rutledge Street
Lot 1, DP 1153649
Local
I477
Queanbeyan
“Hereford House”
32 Rutledge Street
Lot 5, DP 551214
Local
I478
Queanbeyan
Christ Church Anglican Church group
39 Rutledge Street
Lots 1–3, DP 199191
State
I479
Queanbeyan
Dwelling house (former Kinkora Private Hospital)
5 Stornaway Road
Lot 102, DP 1140021
Local
I480
Queanbeyan
Dwelling houses
17–19 Stornaway Road
Lots 7 and 8, DP 13098
Local
I481
Queanbeyan
Dwelling house
39 Stornaway Road
Lot 4, Section A, DP 13427
Local
I482
Queanbeyan
Group of dwelling houses
41–45 Stornaway Road
Lots 5 and 6, Section A, DP 13427; Lot A, DP 373070
Local
I483
Queanbeyan
Group of dwelling houses
51–55 Stornaway Road
Lots 10–12, Section A, DP 13427
Local
I484
Queanbeyan
Dwelling house
57 Stornaway Road
Lot 13, Section A, DP 13427
Local
I485
Queanbeyan
Dwelling house
59 Stornaway Road
Lot 1, Section C, DP 13427
Local
I486
Queanbeyan
Dwelling house
73 Stornaway Road
Lot 8, Section C, DP 13427
Local
I487
Queanbeyan
Dwelling house
75 Stornaway Road
Lot 9, Section C, DP 13427
Local
I488
Queanbeyan
Dwelling house
91 Stornaway Road
Lot 3, Section E, DP 13427
Local
I489
Queanbeyan
Dwelling house
95 Stornaway Road
Lot 5, Section E, DP 13427
Local
I490
Queanbeyan
Dwelling house
97 Stornaway Road
Lot 6, Section E, DP 13427
Local
I491
Queanbeyan
Dwelling house
99 Stornaway Road
Lot 7, Section E, DP 13427
Local
I492
Queanbeyan
Dwelling house
105 Stornaway Road
Lot 2, Section G, DP 13427
Local
I493
Queanbeyan
Dwelling house
31 Surveyor Street
Lot 17, Section C, DP 13427
Local
I494
Queanbeyan
Dwelling houses
1–3 Symonds Street
Lots 112 and 113, DP 13963
Local
I495
Queanbeyan
Dwelling houses
5–7 Symonds Street
Lots 114 and 115, DP 13963
Local
I496
Queanbeyan
Dwelling house
1 The Crescent
Lot 1, Section D, DP 13427
Local
I497
Queanbeyan
Dwelling house
9 The Crescent
Lot 4, Section D, DP 13427
Local
I498
Queanbeyan
Dwelling house
19 The Crescent
Lot 8, Section D, DP 13427
Local
I499
Queanbeyan
Dwelling house
43 The Crescent
Lot 6, Section F, DP 13427
Local
I500
Queanbeyan
“O’Neill’s Cottage”
8 Trinculo Place
Lot 1, DP 597143
Local
I501
Queanbeyan
Dwelling house
24 Uriarra Road
Lot 37, DP 8874
Local
I502
Queanbeyan
Dwelling house
44 Uriarra Road
Lot 44, DP 8874
Local
I503
Queanbeyan
Dwelling houses
57–59 Uriarra Road
Lot C, DP 359762; Lot D, DP 383194
Local
I504
Queanbeyan
Dwelling house
96 Uriarra Road
Lots CP and 1–3, SP 98394
Local
I505
Queanbeyan
Dwelling house
17 White Avenue
Lot 128, DP 13963
Local
I506
Queanbeyan
Dwelling house
27 White Avenue
Lot 33, DP 14068
Local
I507
Queanbeyan
Group of dwelling houses
36–38 White Avenue
Lots 39 and 40, DP 14068
Local
I508
Queanbeyan
Group of dwelling houses
37–41 White Avenue
Lots 26–28, DP 14068
Local
I509
Queanbeyan
Dwelling house
42 White Avenue
Lot 42, DP 14068
Local
I510
Queanbeyan
Dwelling house
47 White Avenue
Lot 24, DP 14068
Local
I511
Queanbeyan
Dwelling house
48 White Avenue
Lot 45, DP 14068
Local
I512
Queanbeyan
Dwelling house
10 Young Street
Lot 2, DP 1138974
Local
I513
Queanbeyan
Dwelling house
14 Young Street
Lot 11, Section A, DP 332819
Local
I514
Reidsdale
Jembaicumbene Creek Bridges
Araluen Road
Adjacent to Lot 1, DP 1104271
Local
I517
Reidsdale
Fox Hill homestead, including 2 outbuildings
6748 Araluen Road
Lot 31, DP 755901
Local
I518
Reidsdale
Fairy Tree, including dolls, letters and childrens’ decorations
Monga Road
Road reserve adjacent to Lot 1, DP 125724
Local
I519
Reidsdale
Brookside, including outbuildings
Sawyers Ridge Road
Lot 1, DP 997401
Local
I521
Reidsdale
Reidsdale Cemetery
90 Sawyers Ridge Road
Lot 2, DP 226430
Local
I522
Reidsdale
Former Reidsdale Co-operative Cheese Factory, including engine shed
92 Sawyers Ridge Road
Lot 1, DP 328052
Local
I523
Reidsdale
Former St Bernhard’s Roman Catholic Church
153 Sawyers Ridge Road
Lot 680, DP 115560
Local
I524
Reidsdale
Moorong homestead
655 Tudor Valley Road
Lots 50 and 51, DP 755922
Local
I525
Royalla
“Shepherds Ruin”
1291 Old Cooma Road
Part of Lot 1, DP 613054
Local
I527
Royalla
Green Gables homestead
1866 Old Cooma Road
Part of Lot 22, DP 556417
Local
I528
Snowball
“Olivers”
Cooma Road
Lot 5, DP 46348
Local
I529
Snowball
Little Snowball Creek alluvials, reefs and huts
786 Rossi Road
Lot 151, DP 720183
Local
I526
Tomboye
Curradux Mining site, including remains of buildings and water races
Nerriga Road
Lot 85, DP 755964
Local
I530
Tomboye
Tomboye homestead, including outbuildings
147 Reidsdale Road
Lot 7, DP 755964
Local
I520
Tomboye
Newbury’s Point mining site
321 Tomboye Road
Lot 73, DP 755964
Local
I531
Urila
“Cressbrook”
562 Urila Road
Lot 1, DP 251886
Local
I532
Warri
Former flour mill
7340 Kings Highway
Lot 1090, DP 1138078
Local
I533
Warri
Bushranger’s grave
67 Watsons Road
Lot 3, DP 1060430
Local
I534
Yarrow
London Bridge arch
1103 Googong Road
Lot 7, DP 592796
Local
I535
Yarrow
London Bridge homestead, including outbuildings
1103 Googong Road
Lot 7, DP 592796
Local
I536
Part 2 Heritage conservation areas
Name of heritage conservation area
Identification on Heritage Map
Significance
Braidwood and its setting
Shown by a red outline with red hatching and labelled “C1”
State
Queanbeyan Conservation Area
Shown by a red outline with red hatching and labelled “C2”
Local
Part 3 Archaeological sites
Suburb
Item name
Address
Property description
Significance
Item no
Carwoola
Mason Brothers’ Brickworks
1.8km from turn-off from Kings Highway, in road reserve to the left of Captains Flat Road
Adjacent to Lot 4, DP 821756
Local
A1
Googong
Moses Morley’s Lime Kiln
Quarry, 501 Cooma Road
Part of Lot 21, DP 1180981
Local
A3
Greenleigh
Marchiori’s Lime Kiln and quarry
Southeast corner of Jumping Creek
Part of Lot 1, DP 1249543; Part of Lot 51, DP 754907; Part of Lot 146, DP 48277
Local
A2
Queanbeyan
White Rocks Limestone Kilns
On the Queanbeyan River, Gale, 300 Cooma Street
Part of Lot 86, DP 45240
Local
A4
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)
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 certain 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 or place—
(a)  that provides residents with a principal place of residence for at least 3 months, and
(b)  that contains shared facilities, such as a communal living room, bathroom, kitchen or laundry, and
(c)  that contains rooms, some or all of which may have private kitchen and bathroom facilities, and
(d)  used to provide affordable housing, and
(e)  if not carried out by or on behalf of the Land and Housing Corporation—managed by a registered community housing provider,
but does not include backpackers’ accommodation, co-living housing, a group home, hotel or motel accommodation, seniors housing or a serviced apartment.
boat building and repair facility means any facility (including a building or other structure) used primarily for the construction, maintenance or repair of boats, whether or not including the storage, sale or hire of boats, but does not include a marina or boat shed.
boat launching ramp means a structure designed primarily for the launching of trailer borne recreational vessels, and includes associated car parking facilities.
boat shed means a building or other structure used for the storage and routine maintenance of a boat or boats and that is associated with a private dwelling or non-profit organisation, and includes any skid used in connection with the building or other structure.
brothel has the same meaning as in the Act.
Note—
This definition is relevant to the definitions of home occupation (sex services) and sex services premises in this Dictionary.
building has the same meaning as in the Act.
Note—
The term is defined to include part of a building and any structure or part of a structure, but not including a manufactured home, a moveable dwelling or associated structure (or part of a manufactured home, moveable dwelling or associated structure).
building height (or height of building) means—
(a)  in relation to the height of a building in metres—the vertical distance from ground level (existing) to the highest point of the building, or
(b)  in relation to the RL of a building—the vertical distance from the Australian Height Datum to the highest point of the building,
including plant and lift overruns, but excluding communication devices, antennae, satellite dishes, masts, flagpoles, chimneys, flues and the like.
building identification sign means a sign that identifies or names a building and that may include the name of a building, the street name and number of a building, and a logo or other symbol but does not include general advertising of products, goods or services.
Note—
Building identification signs are a type of signage—see the definition of that term in this Dictionary.
building line or setback means the horizontal distance between the property boundary or other stated boundary (measured at 90 degrees from the boundary) and—
(a)  a building wall, or
(b)  the outside face of any balcony, deck or the like, or
(c)  the supporting posts of a carport or verandah roof,
whichever distance is the shortest.
bush fire hazard reduction work has the same meaning as in the Rural Fires Act 1997.
Note—
The term is defined as follows—
bush fire hazard reduction work means—
(a)  the establishment or maintenance of fire breaks on land, and
(b)  the controlled application of appropriate fire regimes or other means for the reduction or modification of available fuels within a predetermined area to mitigate against the spread of a bush fire,
but does not include construction of a track, trail or road.
bush fire prone land has the same meaning as in the Act.
Note—
The term is defined, in relation to an area, as land recorded for the time being as bush fire prone land on a map for the area certified as referred to in section 10.3(2) of the Act.
bush fire risk management plan means a plan prepared under Division 4 of Part 3 of the Rural Fires Act 1997 for the purpose referred to in section 54 of that Act.
business identification sign means a sign—
(a)  that indicates—
(i)  the name of the person or business, and
(ii)  the nature of the business carried on by the person at the premises or place at which the sign is displayed, and
(b)  that may include the address of the premises or place and a logo or other symbol that identifies the business,
but that does not contain any advertising relating to a person who does not carry on business at the premises or place.
Note—
Business identification signs are a type of signage—see the definition of that term in this Dictionary.
business premises means a building or place at or on which—
(a)  an occupation, profession or trade (other than an industry) is carried on for the provision of services directly to members of the public on a regular basis, or
(b)  a service is provided directly to members of the public on a regular basis,
and includes funeral homes, goods repair and reuse premises and, without limitation, premises such as banks, post offices, hairdressers, dry cleaners, travel agencies, betting agencies and the like, but does not include an entertainment facility, home business, home occupation, home occupation (sex services), medical centre, restricted premises, sex services premises or veterinary hospital.
Note—
Business premises are a type of commercial premises—see the definition of that term in this Dictionary.
camping ground means an area of land that has access to communal amenities and on which campervans or tents, annexes or other similar portable and lightweight temporary shelters are, or are to be, installed, erected or placed for short term use, but does not include a caravan park.
canal estate development means development that incorporates wholly or in part a constructed canal, or other waterway or waterbody, that is inundated by or drains to a natural waterway or natural waterbody by surface water or groundwater movement (not being works of drainage, or for the supply or treatment of water, that are constructed by or with the authority of a person or body responsible for those functions and that are limited to the minimal reasonable size and capacity to meet a demonstrated need for the works), and that either—
(a)  includes the construction of dwellings (which may include tourist and visitor accommodation) of a kind other than, or in addition to—
(i)  dwellings that are permitted on rural land, and
(ii)  dwellings that are used for caretaker or staff purposes, or
(b)  requires the use of a sufficient depth of fill material to raise the level of all or part of that land on which the dwellings are (or are proposed to be) located in order to comply with requirements relating to residential development on flood prone land.
car park means a building or place primarily used for the purpose of parking motor vehicles, including any manoeuvring space and access thereto, whether operated for gain or not.
caravan park means land (including a camping ground) on which caravans (or caravans and other moveable dwellings) are, or are to be, installed or placed.
catchment action plan has the same meaning as in the Catchment Management Authorities Act 2003.
Note—
The term is defined as a catchment action plan of an authority that has been approved by the Minister under Part 4 of the Catchment Management Authorities Act 2003.
cellar door premises means a building or place that is used to sell wine by retail and that is situated on land on which there is a commercial vineyard, and where most of the wine offered for sale is produced in a winery situated on that land or is produced predominantly from grapes grown in the surrounding area.
Note—
Cellar door premises are a type of retail premises—see the definition of that term in this Dictionary.
cemetery means a building or place used primarily for the interment of deceased persons or pets or their ashes, whether or not it contains an associated building for conducting memorial services.
centre-based child care facility means—
(a)  a building or place used for the education and care of children that provides any one or more of the following—
(i)  long day care,
(ii)  occasional child care,
(iii)  out-of-school-hours care (including vacation care),
(iv)  preschool care, or
(b)  an approved family day care venue (within the meaning of the Children (Education and Care Services) National Law (NSW)),
Note—
An approved family day care venue is a place, other than a residence, where an approved family day care service (within the meaning of the Children (Education and Care Services) National Law (NSW)) is provided.
but does not include—
(c)  a building or place used for home-based child care or school-based child care, or
(d)  an office of a family day care service (within the meanings of the Children (Education and Care Services) National Law (NSW)), or
(e)  a babysitting, playgroup or child-minding service that is organised informally by the parents of the children concerned, or
(f)  a child-minding service that is provided in connection with a recreational or commercial facility (such as a gymnasium) to care for children while the children’s parents are using the facility, or
(g)  a service that is concerned primarily with providing lessons or coaching in, or providing for participation in, a cultural, recreational, religious or sporting activity, or providing private tutoring, or
(h)  a child-minding service that is provided by or in a health services facility, but only if the service is established, registered or licensed as part of the institution operating in the facility.
Note—
Centre-based child care facilities are a type of early education and care facility—see the definition of that term in this Dictionary.
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 (Biodiversity and Conservation) 2021, Chapter 2.
coastal hazard has the same meaning as in the Coastal Management Act 2016.
coastal lake means a body of water identified in State Environmental Planning Policy (Resilience and Hazards) 2021, Schedule 1.
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.
co-living housing means a building or place that—
(a)  has at least 6 private rooms, some or all of which may have private kitchen and bathroom facilities, and
(b)  provides occupants with a principal place of residence for at least 3 months, and
(c)  has shared facilities, such as a communal living room, bathroom, kitchen or laundry, maintained by a managing agent, who provides management services 24 hours a day,
but does not include backpackers’ accommodation, a boarding house, a group home, hotel or motel accommodation, seniors housing or a serviced apartment.
Note—
Co-living housing is a type of residential accommodation—see the definition of that term in this Dictionary.
commercial premises means any of the following—
(a)  business premises,
(b)  office premises,
(c)  retail premises.
community facility means a building or place—
(a)  owned or controlled by a public authority or non-profit community organisation, and
(b)  used for the physical, social, cultural or intellectual development or welfare of the community,
but does not include an educational establishment, hospital, retail premises, place of public worship or residential accommodation.
community land has the same meaning as in the Local Government Act 1993.
correctional centre means—
(a)  any premises declared to be a correctional centre by a proclamation in force under section 225 of the Crimes (Administration of Sentences) Act 1999, including any juvenile correctional centre or periodic detention centre, and
(b)  any premises declared to be a detention centre by an order in force under section 5(1) of the Children (Detention Centres) Act 1987,
but does not include any police station or court cell complex in which a person is held in custody in accordance with any Act.
Council means the Queanbeyan-Palerang Regional Council.
creative industry means a building or place the principal purpose of which is to produce or demonstrate arts, crafts, design or other creative products, and includes artists’ studios, recording studios, and set design and production facilities.
Note—
Creative industries are a type of light industry—see the definition of that term in this Dictionary.
crematorium means a building or place in which deceased persons or pets are cremated or processed by alkaline hydrolysis, whether or not the building or place 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.
data centre means a building or place the principal purpose of which is to collect, distribute, process or store electronic data using information technology.
Note—
Data centres are a type of high technology industry—see the definition of that term in this Dictionary.
demolish, in relation to a heritage item or an Aboriginal object, or a building, work, relic or tree within a heritage conservation area, means wholly or partly destroy, dismantle or deface the heritage item, Aboriginal object or building, work, relic or tree.
depot means a building or place used for the storage (but not sale or hire) of plant, machinery or other goods (that support the operations of an existing undertaking) when not required for use, but does not include a farm building.
drainage means any activity that intentionally alters the hydrological regime of any locality by facilitating the removal of surface or ground water. It may include the construction, deepening, extending, opening, installation or laying of any canal, drain or pipe, either on the land or in such a manner as to encourage drainage of adjoining land.
dual occupancy means a dual occupancy (attached) or a dual occupancy (detached).
Note—
Dual occupancies are a type of residential accommodation—see the definition of that term in this Dictionary.
dual occupancy (attached) means 2 dwellings on one lot of land that are attached to each other, but does not include a secondary dwelling.
Note—
Dual occupancies (attached) are a type of dual occupancy—see the definition of that term in this Dictionary.
dual occupancy (detached) means 2 detached dwellings on one lot of land, but does not include a secondary dwelling.
Note—
Dual occupancies (detached) are a type of dual occupancy—see the definition of that term in this Dictionary.
dwelling means a room or suite of rooms occupied or used or so constructed or adapted as to be capable of being occupied or used as a separate domicile.
dwelling house means a building containing only one dwelling.
Note—
Dwelling houses are a type of residential accommodation—see the definition of that term in this Dictionary.
early education and care facility means a building or place used for the education and care of children, and includes any of the following—
(a)  a centre-based child care facility,
(b)  home-based child care,
(c)  school-based child care.
earthworks means excavation or filling.
ecologically sustainable development has the same meaning as in the Act.
eco-tourist facility means a building or place that—
(a)  provides temporary or short-term accommodation to visitors on a commercial basis, and
(b)  is located in or adjacent to an area with special ecological or cultural features, and
(c)  is sensitively designed and located so as to minimise bulk, scale and overall physical footprint and any ecological or visual impact.
It may include facilities that are used to provide information or education to visitors and to exhibit or display items.
Note—
See clause 5.13 for requirements in relation to the granting of development consent for eco-tourist facilities.
Eco-tourist facilities are not a type of tourist and visitor accommodation—see the definition of that term in this Dictionary.
educational establishment means a building or place used for education (including teaching), being—
(a)  a school, or
(b)  a tertiary institution, including a university or a TAFE establishment, that provides formal education and is constituted by or under an Act.
electricity generating works means a building or place used for the purpose of—
(a)  making or generating electricity, or
(b)  electricity storage.
emergency services facility means a building or place (including a helipad) used in connection with the provision of emergency services by an emergency services organisation.
emergency services organisation means any of the following—
(a)  Ambulance Service of New South Wales,
(b)  Fire and Rescue NSW,
(c)  NSW Rural Fire Service,
(d)  NSW Police Force,
(e)  State Emergency Service,
(f)  New South Wales Volunteer Rescue Association Incorporated,
(g)  New South Wales Mines Rescue Brigade established under the Coal Industry Act 2001,
(h)  an accredited rescue unit within the meaning of the State Emergency and Rescue Management Act 1989.
entertainment facility means a theatre, cinema, music hall, concert hall, dance hall and the like, but does not include a pub or registered club.
environmental facility means a building or place that provides for the recreational use or scientific study of natural systems, and includes walking tracks, seating, shelters, board walks, observation decks, bird hides or the like, and associated display structures.
environmental protection works means works associated with the rehabilitation of land towards its natural state or any work to protect land from environmental degradation, and includes bush regeneration works, wetland protection works, erosion protection works, dune restoration works and the like, but does not include coastal protection works.
estuary has the same meaning as in the Water Management Act 2000.
Note—
The term is defined as follows—
estuary means—
(a)  any part of a river whose level is periodically or intermittently affected by coastal tides, or
(b)  any lake or other partially enclosed body of water that is periodically or intermittently open to the sea, or
(c)  anything declared by the regulations (under the Water Management Act 2000) to be an estuary,
but does not include anything declared by the regulations (under the Water Management Act 2000) not to be an estuary.
excavation means the removal of soil or rock, whether moved to another part of the same site or to another site, but does not include garden landscaping that does not significantly alter the shape, natural form or drainage of the land.
exhibition home means a dwelling built for the purposes of the public exhibition and marketing of new dwellings, whether or not it is intended to be sold as a private dwelling after its use for those purposes is completed, and includes any associated sales or home finance office or place used for displays.
exhibition village means 2 or more exhibition homes and associated buildings and places used for house and land sales, site offices, advisory services, car parking, food and drink sales and other associated purposes.
extensive agriculture means any of the following—
(a)  the production of crops or fodder (including irrigated pasture and fodder crops) for commercial purposes,
(b)  the grazing of livestock (other than pigs and poultry) for commercial purposes on living grasses and other plants on the land as their primary source of dietary requirements, and any supplementary or emergency feeding, or temporary agistment or housing for weaning, dipping, tagging or similar husbandry purposes, of the livestock,
(c)  bee keeping,
(d)  a dairy (pasture-based) where the animals generally feed by grazing on living grasses and other plants on the land as their primary source of dietary requirements, and any supplementary or emergency feeding, or temporary agistment or housing for weaning, dipping, tagging or similar husbandry purposes, of the animals.
Note—
Extensive agriculture is a type of agriculture—see the definition of that term in this Dictionary.
extractive industry means the winning or removal of extractive materials (otherwise than from a mine) by methods such as excavating, dredging, tunnelling or quarrying, including the storing, stockpiling or processing of extractive materials by methods such as recycling, washing, crushing, sawing or separating, but does not include turf farming.
Note—
Extractive industries are not a type of industry—see the definition of that term in this Dictionary.
extractive material means sand, soil, gravel, rock or similar substances that are not minerals within the meaning of the Mining Act 1992.
farm building means a structure the use of which is ancillary to an agricultural use of the landholding on which it is situated and includes a hay shed, stock holding yard, machinery shed, shearing shed, silo, storage tank, outbuilding or the like, but does not include a dwelling.
farm stay accommodation means a building or place that provides temporary or short-term accommodation to paying guests on a working farm as a secondary business to primary production.
Note—
See clause 5.4 for controls relating to the number of bedrooms.
Farm stay accommodation is a type of tourist and visitor accommodation—see the definition of that term in this Dictionary.
feedlot means a confined or restricted area that is operated on a commercial basis to rear and fatten cattle, sheep or other animals, but does not include a poultry farm, dairy or pig farm.
Note—
Feedlots are a type of intensive livestock agriculture. Intensive livestock agriculture does not include extensive agriculture. See the definitions of those terms in this Dictionary.
fill means the depositing of soil, rock or other similar extractive material obtained from the same or another site, but does not include—
(a)  the depositing of topsoil or feature rock imported to the site that is intended for use in garden landscaping, turf or garden bed establishment or top dressing of lawns and that does not significantly alter the shape, natural form or drainage of the land, or
(b)  the use of land as a waste disposal facility.
filming means recording images (whether on film or video tape or electronically or by other means) for exhibition or broadcast (such as by cinema, television or the internet or by other means), but does not include—
(a)  still photography, or
(b)  recording images of a wedding ceremony or other private celebration or event principally for the purpose of making a record for the participants in the ceremony, celebration or event, or
(c)  recording images as a visitor or tourist for non-commercial purposes, or
(d)  recording for the immediate purposes of a television program that provides information by way of current affairs or daily news.
fish has the same meaning as in the Fisheries Management Act 1994.
Note—
The term is defined as follows—
Definition of “fish”
(1)  
Fish means marine, estuarine or freshwater fish or other aquatic animal life at any stage of their life history (whether alive or dead).
(2)  
Fish includes—
(a)  oysters and other aquatic molluscs, and
(b)  crustaceans, and
(c)  echinoderms, and
(d)  beachworms and other aquatic polychaetes.
(3)  
Fish also includes any part of a fish.
(4)  
However, fish does not include whales, mammals, reptiles, birds, amphibians or other things excluded from the definition by the regulations under the Fisheries Management Act 1994.
flood mitigation work means work designed and constructed for the express purpose of mitigating flood impacts. It involves changing the characteristics of flood behaviour to alter the level, location, volume, speed or timing of flood waters to mitigate flood impacts. Types of works may include excavation, construction or enlargement of any fill, wall, or levee that will alter riverine flood behaviour, local overland flooding, or tidal action so as to mitigate flood impacts.
floor space ratio—see clause 4.5.
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.
goods repair and reuse premises means a building or place the principal purpose of which is to collect, repair or refurbish goods, including furniture and appliances, for the purposes of sale, hire or swap, and includes premises known as op shops.
Note—
Goods repair and reuse premises are a type of business premises—see the definition of that term in this Dictionary.
gross floor area means the sum of the floor area of each floor of a building measured from the internal face of external walls, or from the internal face of walls separating the building from any other building, measured at a height of 1.4 metres above the floor, and includes—
(a)  the area of a mezzanine, and
(b)  habitable rooms in a basement or an attic, and
(c)  any shop, auditorium, cinema, and the like, in a basement or attic,
but excludes—
(d)  any area for common vertical circulation, such as lifts and stairs, and
(e)  any basement—
(i)  storage, and
(ii)  vehicular access, loading areas, garbage and services, and
(f)  plant rooms, lift towers and other areas used exclusively for mechanical services or ducting, and
(g)  car parking to meet any requirements of the consent authority (including access to that car parking), and
(h)  any space used for the loading or unloading of goods (including access to it), and
(i)  terraces and balconies with outer walls less than 1.4 metres high, and
(j)  voids above a floor at the level of a storey or storey above.
ground level (existing) means the existing level of a site at any point.
ground level (finished) means, for any point on a site, the ground surface after completion of any earthworks (excluding any excavation for a basement, footings or the like) for which consent has been granted or that is exempt development.
ground level (mean) means, for any site on which a building is situated or proposed, one half of the sum of the highest and lowest levels at ground level (finished) of the outer surface of the external walls of the building.
group home means a permanent group home or a transitional group home.
Note—
Group homes are a type of residential accommodation—see the definition of that term in this Dictionary.
group home (permanent) or permanent group home means a dwelling—
(a)  that is occupied by persons as a single household with or without paid supervision or care and whether or not those persons are related or payment for board and lodging is required, and
(b)  that is used to provide permanent household accommodation for people with a disability or people who are socially disadvantaged,
but does not include development to which State Environmental Planning Policy (Housing) 2021, Chapter 3, Part 5 applies.
Note—
Permanent group homes are a type of group home—see the definition of that term in this Dictionary.
group home (transitional) or transitional group home means a dwelling—
(a)  that is occupied by persons as a single household with or without paid supervision or care and whether or not those persons are related or payment for board and lodging is required, and
(b)  that is used to provide temporary accommodation for the relief or rehabilitation of people with a disability or for drug or alcohol rehabilitation purposes, or that is used to provide half-way accommodation for persons formerly living in institutions or temporary accommodation comprising refuges for men, women or young people,
but does not include development to which State Environmental Planning Policy (Housing) 2021, Chapter 3, Part 5 applies.
Note—
Transitional group homes are a type of group home—see the definition of that term in this Dictionary.
hardware and building supplies means a building or place the principal purpose of which is the sale or hire of goods or materials, such as household fixtures, timber, tools, paint, wallpaper, plumbing supplies and the like, that are used in the construction and maintenance of buildings and adjacent outdoor areas.
Note—
Hardware and building supplies are a type of retail premises—see the definition of that term in this Dictionary.
hazardous industry means a building or place used to carry out an industrial activity that would, when carried out and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the activity from existing or likely future development on other land in the locality), pose a significant risk in the locality—
(a)  to human health, life or property, or
(b)  to the biophysical environment.
Note—
Hazardous industries are a type of heavy industry—see the definition of that term in this Dictionary.
hazardous storage establishment means a building or place that is used for the storage of goods, materials or products and that would, when in operation and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the building or place from existing or likely future development on other land in the locality), pose a significant risk in the locality—
(a)  to human health, life or property, or
(b)  to the biophysical environment.
Note—
Hazardous storage establishments are a type of heavy industrial storage establishment—see the definition of that term in this Dictionary.
headland includes a promontory extending from the general line of the coastline into a large body of water, such as a sea, coastal lake or bay.
health care professional means any person registered under an Act for the purpose of providing health care.
health consulting rooms means premises comprising one or more rooms within (or within the curtilage of) a dwelling house used by not more than 3 health care professionals at any one time.
Note—
Health consulting rooms are a type of health services facility—see the definition of that term in this Dictionary.
health services facility means a building or place used to provide medical or other services relating to the maintenance or improvement of the health, or the restoration to health, of persons or the prevention of disease in or treatment of injury to persons, and includes any of the following—
(a)  a medical centre,
(b)  community health service facilities,
(c)  health consulting rooms,
(d)  patient transport facilities, including helipads and ambulance facilities,
(e)  hospital.
heavy industrial storage establishment means a building or place used for the storage of goods, materials, plant or machinery for commercial purposes and that requires separation from other development because of the nature of the processes involved, or the goods, materials, plant or machinery stored, and includes any of the following—
(a)  a hazardous storage establishment,
(b)  a liquid fuel depot,
(c)  an offensive storage establishment.
heavy industry means a building or place used to carry out an industrial activity that requires separation from other development because of the nature of the processes involved, or the materials used, stored or produced, and includes—
(a)  hazardous industry, or
(b)  offensive industry.
It may also involve the use of a hazardous storage establishment or offensive storage establishment.
Note—
Heavy industries are a type of industry—see the definition of that term in this Dictionary.
helipad means a place not open to the public used for the taking off and landing of helicopters.
heliport means a place open to the public that is used for the taking off and landing of helicopters, whether or not it includes—
(a)  a terminal building, or
(b)  facilities for the parking, storage or repair of helicopters.
Note—
Heliports are a type of air transport facility—see the definition of that term in this Dictionary.
heritage conservation area means an area of land of heritage significance—
(a)  shown on the Heritage Map as a heritage conservation area, and
(b)  the location and nature of which is described in Schedule 5,
and includes any heritage items situated on or within that area.
heritage conservation management plan means a document prepared in accordance with guidelines prepared by the Public Service agency responsible to the Minister administering the Heritage Act 1977 that documents the heritage significance of an item, place or heritage conservation area and identifies conservation policies and management mechanisms that are appropriate to enable that significance to be retained.
heritage impact statement means a document consisting of—
(a)  a statement demonstrating the heritage significance of a heritage item or heritage conservation area, and
(b)  an assessment of the impact that proposed development will have on that significance, and
(c)  proposals for measures to minimise that impact.
heritage item means a building, work, place, relic, tree, object or archaeological site the location and nature of which is described in Schedule 5.
Note—
An inventory of heritage items is also available at the office of the Council.
heritage management document means—
(a)  a heritage conservation management plan, or
(b)  a heritage impact statement, or
(c)  any other document that provides guidelines for the ongoing management and conservation of a heritage item, Aboriginal object, Aboriginal place of heritage significance or heritage conservation area.
heritage significance means historical, scientific, cultural, social, archaeological, architectural, natural or aesthetic value.
high technology industry means a building or place predominantly used to carry out an industrial activity that involves any of the following—
(a)  electronic or micro-electronic systems, goods or components,
(b)  information technology (such as computer software or hardware),
(c)  instrumentation or instruments of a scientific, industrial, technological, medical or similar nature,
(d)  biological, pharmaceutical, medical or paramedical systems, goods or components,
(e)  film, television or multi-media technologies, including any post production systems, goods or components,
(f)  telecommunications systems, goods or components,
(g)  sustainable energy technologies,
(h)  any other goods, systems or components intended for use in a science or technology related field,
and includes a data centre, but does not include a building or place used to carry out an industrial activity that presents a hazard or potential hazard to the neighbourhood or that, because of the scale and nature of the processes involved, interferes with the amenity of the neighbourhood.
Note—
High technology industries are a type of light industry—see the definition of that term in this Dictionary.
highway service centre means a building or place used to provide refreshments and vehicle services to highway users. It may include any one or more of the following—
(a)  a restaurant or cafe,
(b)  take away food and drink premises,
(c)  service stations and facilities for emergency vehicle towing and repairs,
(d)  parking for vehicles,
(e)  rest areas and public amenities.
home-based child care means a family day care residence (within the meaning of the Children (Education and Care Services) National Law (NSW)) at which the education and care service is provided at any one time to no more than 7 children (including any child of the person providing the service) all of whom are under the age of 13 years and no more than 4 of whom are children who do not ordinarily attend school.
Note 1—
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).
Note 2—
Home-based child care is a type of early education and care facility—see the definition of that term in this Dictionary.
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—
(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,
but does not include bed and breakfast accommodation, home occupation (sex services) or sex services premises.
Note—
See clause 5.4 for controls relating to the floor area used for a home business.
home industry means 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—
(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,
but does not include bed and breakfast accommodation or sex services premises.
Note—
See clause 5.4 for controls relating to the floor area used for a home industry.
Home industries are a type of light industry—see the definition of that term in this Dictionary.
home occupation means an occupation that is carried on in a dwelling, or in a building ancillary to a dwelling, by one or more permanent residents of the dwelling and that does not involve—
(a)  the employment of persons other than those residents, or
(b)  interference with the amenity of the neighbourhood by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, traffic generation or otherwise, or
(c)  the display of goods, whether in a window or otherwise, or
(d)  the exhibition of any signage (other than a business identification sign), or
(e)  the sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail,
but does not include bed and breakfast accommodation, home occupation (sex services) or sex services premises.
home occupation (sex services) means the provision of sex services in a dwelling that is a brothel, or in a building that is a brothel and is ancillary to such a dwelling, by no more than 2 permanent residents of the dwelling and that does not involve—
(a)  the employment of persons other than those residents, or
(b)  interference with the amenity of the neighbourhood by reason of the emission of noise, traffic generation or otherwise, or
(c)  the exhibition of any signage, or
(d)  the sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail,
but does not include a home business or sex services premises.
horticulture means the cultivation of fruits, vegetables, mushrooms, nuts, cut flowers and foliage and nursery products for commercial purposes, but does not include a plant nursery, turf farming or viticulture.
Note—
Horticulture is a type of intensive plant agriculture—see the definition of that term in this Dictionary.
hospital means a building or place used for the purpose of providing professional health care services (such as preventative or convalescent care, diagnosis, medical or surgical treatment, psychiatric care or care for people with disabilities, or counselling services provided by health care professionals) to people admitted as in-patients (whether or not out-patients are also cared for or treated there), and includes ancillary facilities for (or that consist of) any of the following—
(a)  day surgery, day procedures or health consulting rooms,
(b)  accommodation for nurses or other health care workers,
(c)  accommodation for persons receiving health care or for their visitors,
(d)  shops, kiosks, restaurants or cafes or take away food and drink premises,
(e)  patient transport facilities, including helipads, ambulance facilities and car parking,
(f)  educational purposes or any other health-related use,
(g)  research purposes (whether or not carried out by hospital staff or health care workers or for commercial purposes),
(h)  chapels,
(i)  hospices,
(j)  mortuaries.
Note—
Hospitals are a type of health services facility—see the definition of that term in this Dictionary.
hostel means premises that are generally staffed by social workers or support providers and at which—
(a)  residential accommodation is provided in dormitories, or on a single or shared basis, or by a combination of them, and
(b)  cooking, dining, laundering, cleaning and other facilities are provided on a shared basis.
Note—
Hostels are a type of residential accommodation—see the definition of that term in this Dictionary.
hotel or motel accommodation means a building or place (whether or not licensed premises under the Liquor Act 2007) that provides temporary or short-term accommodation on a commercial basis and that—
(a)  comprises rooms or self-contained suites, and
(b)  may provide meals to guests or the general public and facilities for the parking of guests’ vehicles,
but does not include backpackers’ accommodation, a boarding house, bed and breakfast accommodation or farm stay accommodation.
Note—
Hotel or motel accommodation is a type of tourist and visitor accommodation—see the definition of that term in this Dictionary.
independent living unit means a dwelling or part of a building, whether or not attached to another dwelling—
(a)  used to house seniors or people with a disability, and
(b)  containing private facilities for cooking, sleeping and bathing, and
(c)  where clothes washing facilities or other facilities for use in connection with the dwelling or part of a building may be provided on a shared basis,
but does not include a hostel.
Note—
Independent living units are a type of seniors housing—see the definition of that term in this Dictionary.
industrial activity means the manufacturing, production, assembling, altering, formulating, repairing, renovating, ornamenting, finishing, cleaning, washing, dismantling, transforming, processing, recycling, adapting or servicing of, or the research and development of, any goods, substances, food, products or articles for commercial purposes, and includes any storage or transportation associated with any such activity.
industrial retail outlet means a building or place that—
(a)  is used in conjunction with an industry (other than an artisan food and drink industry) or rural industry, and
(b)  is situated on the land on which the industry or rural industry is located, and
(c)  is used for the display or sale (whether by retail or wholesale) of only those goods that have been manufactured on the land on which the industry or rural industry is located,
but does not include a warehouse or distribution centre.
Note—
See clause 5.4 for controls relating to the retail floor area of an industrial retail outlet.
industrial training facility means a building or place used in connection with vocational training in an activity (such as forklift or truck driving, welding or carpentry) that is associated with an industry, rural industry, extractive industry or mining, but does not include an educational establishment, business premises or retail premises.
industry means any of the following—
(a)  general industry,
(b)  heavy industry,
(c)  light industry,
but does not include—
(d)  rural industry, or
(e)  extractive industry, or
(f)  mining.
information and education facility means a building or place used for providing information or education to visitors, and the exhibition or display of items, and includes an art gallery, museum, library, visitor information centre and the like.
intensive livestock agriculture means the keeping or breeding, for commercial purposes, of cattle, poultry, pigs, goats, horses, sheep or other livestock, and includes any of the following—
(a)  dairies (restricted),
(b)  feedlots,
(c)  pig farms,
(d)  poultry farms,
but does not include extensive agriculture, aquaculture or the operation of facilities for drought or similar emergency relief.
Note—
Intensive livestock agriculture is a type of agriculture—see the definition of that term in this Dictionary.
intensive plant agriculture means any of the following—
(a)  the cultivation of irrigated crops for commercial purposes (other than irrigated pasture or fodder crops),
(b)  horticulture,
(c)  turf farming,
(d)  viticulture.
Note—
Intensive plant agriculture is a type of agriculture—see the definition of that term in this Dictionary.
jetty means a horizontal decked walkway providing access from the shore to the waterway and is generally constructed on a piered or piled foundation.
kiosk means premises that are used for the purposes of selling food, light refreshments and other small convenience items.
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.
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,
(d)  creative 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.
maintenance, in relation to a heritage item, Aboriginal object or Aboriginal place of heritage significance, or a building, work, archaeological site, tree or place within a heritage conservation area, means ongoing protective care, but does not include the removal or disturbance of existing fabric, alterations (such as carrying out extensions or additions) or the introduction of new materials or technology.
marina means a permanent boat storage facility (whether located wholly on land, wholly on a waterway or partly on land and partly on a waterway), and includes any of the following associated facilities—
(a)  any facility for the construction, repair, maintenance, storage, sale or hire of boats,
(b)  any facility for providing fuelling, sewage pump-out or other services for boats,
(c)  any facility for launching or landing boats, such as slipways or hoists,
(d)  any car parking or commercial, tourist or recreational or club facility that is ancillary to the boat storage facility,
(e)  any berthing or mooring facilities.
market means an open-air area, or an existing building, that is used for the purpose of selling, exposing or offering goods, merchandise or materials for sale by independent stall holders, and includes temporary structures and existing permanent structures used for that purpose on an intermittent or occasional basis.
Note—
Markets are a type of retail premises—see the definition of that term in this Dictionary.
mean high water mark means the position where the plane of the mean high water level of all ordinary local high tides intersects the foreshore, being 1.44m above the zero of Fort Denison Tide Gauge and 0.515m Australian Height Datum.
medical centre means premises that are used for the purpose of providing health services (including preventative care, diagnosis, medical or surgical treatment, counselling or alternative therapies) to out-patients only, where such services are principally provided by health care professionals. It may include the ancillary provision of other health services.
Note—
Medical centres are a type of health services facility—see the definition of that term in this Dictionary.
mezzanine means an intermediate floor within a room.
mine means any place (including any excavation) where an operation is carried on for mining of any mineral by any method and any place on which any mining related work is carried out, but does not include a place used only for extractive industry.
mine subsidence district means a mine subsidence district proclaimed under section 15 of the Mine Subsidence Compensation Act 1961.
mining means mining carried out under the Mining Act 1992 or the recovery of minerals under the Offshore Minerals Act 1999, and includes—
(a)  the construction, operation and decommissioning of associated works, and
(b)  the rehabilitation of land affected by mining.
Note—
Mining is not a type of industry—see the definition of that term in this Dictionary.
mixed use development means a building or place comprising 2 or more different land uses.
mooring means a detached or freestanding apparatus located on or in a waterway and that is capable of securing a vessel, but does not include a mooring pen.
mooring pen means an arrangement of freestanding piles or other restraining devices designed or used for the purpose of berthing a vessel.
mortuary means premises that are used, or intended to be used, for the receiving, preparation, embalming and storage of bodies of deceased persons pending their interment or cremation.
moveable dwelling has the same meaning as in the Local Government Act 1993.
Note—
The term is defined as follows—
moveable dwelling means—
(a)  any tent, or any caravan or other van or other portable device (whether on wheels or not), used for human habitation, or
(b)  a manufactured home, or
(c)  any conveyance, structure or thing of a class or description prescribed by the regulations (under the Local Government Act 1993) for the purposes of this definition.
multi dwelling housing means 3 or more dwellings (whether attached or detached) on one lot of land, each with access at ground level, but does not include a residential flat building.
Note—
Multi dwelling housing is a type of residential accommodation—see the definition of that term in this Dictionary.
native fauna means any animal-life that is indigenous to New South Wales or is known to periodically or occasionally migrate to New South Wales, whether vertebrate (including fish) or invertebrate and in any stage of biological development, but does not include humans.
native flora means any plant-life that is indigenous to New South Wales, whether vascular or non-vascular and in any stage of biological development, and includes fungi and lichens, and marine vegetation within the meaning of Part 7A of the Fisheries Management Act 1994.
native vegetation has the same meaning as in Part 5A of the Local Land Services Act 2013.
navigable waterway means any waterway that is from time to time capable of navigation and is open to or used by the public for navigation, but does not include flood waters that have temporarily flowed over the established bank of a watercourse.
neighbourhood shop means premises used for the purposes of selling general merchandise such as foodstuffs, personal care products, newspapers and the like to provide for the day-to-day needs of people who live or work in the local area, but does not include neighbourhood supermarkets or restricted premises.
Note—
See clause 5.4 for controls relating to the retail floor area of neighbourhood shops.
Neighbourhood shops are a type of shop—see the definition of that term in this Dictionary.
neighbourhood supermarket means premises the principal purpose of which is the sale of groceries and foodstuffs to provide for the needs of people who live or work in the local area.
Note—
See clause 5.4 for controls relating to the gross floor area of neighbourhood supermarkets.
Neighbourhood supermarkets are a type of shop—see the definition of that term in this Dictionary.
nominated State heritage item means a heritage item that—
(a)  has been identified as an item of State significance in a publicly exhibited heritage study adopted by the Council, and
(b)  the Council has, by notice in writing to the Heritage Council, nominated as an item of potential State significance.
non-potable water means water that does not meet the standards or values for drinking water recommended from time to time by the National Health and Medical Research Council.
offensive industry means a building or place used to carry out an industrial activity that would, when carried out and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the activity from existing or likely future development on other land in the locality), emit a polluting discharge (including, for example, noise) in a manner that would have a significant adverse impact in the locality or on existing or likely future development on other land in the locality.
Note—
Offensive industries are a type of heavy industry—see the definition of that term in this Dictionary.
offensive storage establishment means a building or place that is used for the storage of goods, materials or products and that would, when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the building or place from existing or likely future development on other land in the locality), emit a polluting discharge (including, for example, noise) in a manner that would have a significant adverse impact in the locality or on existing or likely future development on other land in the locality.
Note—
Offensive storage establishments are a type of heavy industrial storage establishment—see the definition of that term in this Dictionary.
office premises means a building or place used for the purpose of administrative, clerical, technical, professional or similar activities that do not include dealing with members of the public at the building or place on a direct and regular basis, except where such dealing is a minor activity (by appointment) that is ancillary to the main purpose for which the building or place is used.
Note—
Office premises are a type of commercial premises—see the definition of that term in this Dictionary.
open cut mining means mining carried out on, and by excavating, the earth’s surface, but does not include underground mining.
operational land has the same meaning as in the Local Government Act 1993.
oyster aquaculture means the cultivation of any species of edible oyster for a commercial purpose.
Note—
Oyster aquaculture is a type of aquaculture—see the definition of that term in this Dictionary.
parking space means a space dedicated for the parking of a motor vehicle, including any manoeuvring space and access to it, but does not include a car park.
passenger transport facility means a building or place used for the assembly or dispersal of passengers by any form of transport, including facilities required for parking, manoeuvring, storage or routine servicing of any vehicle that uses the building or place.
people who are socially disadvantaged means—
(a)  people who are disadvantaged because of their alcohol or drug dependence, extreme poverty, psychological disorder or other similar disadvantage, or
(b)  people who require protection because of domestic violence or upheaval.
people with a disability means people of any age who, as a result of having an intellectual, psychiatric, sensory, physical or similar impairment, or a combination of such impairments, either permanently or for an extended period, have substantially limited opportunities to enjoy full and active lives.
pig farm means land that is used to keep or breed pigs for animal production, whether an indoor, outdoor, free-range or other type of operation.
Note—
Pig farms are a type of intensive livestock agriculture—see the definition of that term in this Dictionary.
place of public worship means a building or place used for the purpose of religious worship by a congregation or religious group, whether or not the building or place is also used for counselling, social events, instruction or religious training.
plant nursery means a building or place the principal purpose of which is the retail sale of plants that are grown or propagated on site or on an adjacent site. It may include the on-site sale of any such plants by wholesale and, if ancillary to