Yass Valley Local Environmental Plan 2013

Part 1 Preliminary

1.1 Name of Plan

This Plan is Yass Valley Local Environmental Plan 2013.

1.1AA Commencement

This Plan commences on the day on which it is published on the NSW legislation website.

1.2 Aims of Plan

(1)  This Plan aims to make local environmental planning provisions for land in Yass Valley 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 establish planning controls that promote sustainable development,

(b)  to protect high quality agricultural land and encourage emerging agricultural industries,

(c)  to encourage housing diversity,

(d)  to promote employment-generating tourism,

(e)  to provide for commercial and industrial development,

(f)  to encourage the establishment of retail and professional services in urban locations,

(g)  to protect and enhance the character of each of the villages in Yass Valley,

(h)  to enhance service provision in each of the villages in Yass Valley,

(i)  to protect and conserve the cultural heritage and history of Yass Valley,

(j)  to protect and enhance the environmental and biodiversity values of Yass Valley,

(k)  to minimise land use conflicts.

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(1AA)    (Repealed)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.

Note—

The following local environmental plans are repealed under this provision—

Yass Local Environmental Plan 1987

(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.

Note—

The following local environmental plans no longer apply to the land to which this Plan applies—

Gunning Local Environmental Plan 1997

Yarrowlumla Local Environmental Plan 2002

1.8A Savings provision relating to development applications

(1)  If a development application has been made before the commencement of this Plan in relation to land to which this Plan applies and the application has not been finally determined before that commencement, the application must be determined as if this Plan had not commenced.

Note—

However, under Division 3.5 of the Act, a development application may be made for consent to carry out development that may only be carried out if the environmental planning instrument applying to the relevant development is appropriately amended or if a new instrument, including an appropriate principal environmental planning instrument, is made, and the consent authority may consider the application. The Division requires public notice of the development application and the draft environmental planning instrument allowing the development at the same time, or as closely together as is practicable.

(2)  If a development application has been made before the commencement of Yass Valley Local Environmental Plan 2013 (Amendment No 8) in relation to land to which that Plan applies and the application has not been finally determined before that commencement, the application must be determined as if that Plan had not commenced.

cl 1.8A: Am 2019 (621), Sch 5[1]; 2020 (340), Sch 1[1].

1.9 Application of SEPPs

(1)  This Plan is subject to the provisions of any State environmental planning policy that prevails over this Plan as provided by section 3.28 of the Act.

(2)  The following State environmental planning policies (or provisions) do not apply to the land to which this Plan applies—

1.9A Suspension of covenants, agreements and instruments

(1)  For the purpose of enabling development on land in any zone to be carried out in accordance with this Plan or with a consent granted under the Act, any agreement, covenant or other similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose.

(2)  This clause does not apply—

(a)  to a covenant imposed by the Council or that the Council requires to be imposed, or

(b)  to any relevant instrument within the meaning of section 13.4 of the Crown Land Management Act 2016, or

(c)  to any conservation agreement within the meaning of the National Parks and Wildlife Act 1974, or

(d)  to any Trust agreement within the meaning of the Nature Conservation Trust Act 2001, or

(e)  to any property vegetation plan within the meaning of the Native Vegetation Act 2003, or

(f)  to any biobanking agreement within the meaning of Part 7A of the Threatened Species Conservation Act 1995, or

(g)  to any planning agreement within the meaning of Subdivision 2 of Division 7.1 of the Act.

(3)  This clause does not affect the rights or interests of any public authority under any registered instrument.

(4)  Under section 3.16 of the Act, the Governor, before the making of this clause, approved of subclauses (1)–(3).

cl 1.9A: Am 2019 (621), Sch 5[2]–[4].

Part 2 Permitted or prohibited development

2.1 Land use zones

The land use zones under this Plan are as follows—

Rural Zones

RU1 Primary Production

RU2 Rural Landscape

RU3 Forestry

RU4 Primary Production Small Lots

RU5 Village

Residential Zones

R1 General Residential

R2 Low Density Residential

R3 Medium Density Residential

R5 Large Lot Residential

Business Zones

B1 Neighbourhood Centre

B2 Local Centre

B5 Business Development

B6 Enterprise Corridor

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 Part 5 contains other provisions which require consent for particular development.

2.4 Unzoned land

(1)  Development may be carried out on unzoned land only with development consent.

(2)  In deciding whether to grant development consent, the consent authority—

(a)  must consider whether the development will impact on adjoining zoned land and, if so, consider the objectives for development in the zones of the adjoining land, and

(b)  must be satisfied that the development is appropriate and is compatible with permissible land uses in any such adjoining land.

2.5 Additional permitted uses for particular land

(1)  Development on particular land that is described or referred to in Schedule 1 may be carried out—

(a)  with development consent, or

(b)  if the Schedule so provides—without development consent,

in accordance with the conditions (if any) specified in that Schedule in relation to that development.

(2)  This clause has effect despite anything to the contrary in the Land Use Table or other provision of this Plan.

2.6 Subdivision—consent requirements

(1)  Land to which this Plan applies may be subdivided, but only with development consent.

Notes—

1 If a subdivision is specified as exempt development in an applicable environmental planning instrument, such as this Plan or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 , the Act enables it to be carried out without development consent.

2 Part 6 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 provides that the strata subdivision of a building in certain circumstances is complying development .

(2)  Development consent must not be granted for the subdivision of land on which a secondary dwelling is situated if the subdivision would result in the principal dwelling and the secondary dwelling being situated on separate lots, unless the resulting lots are not less than the minimum size shown on the Lot Size Map in relation to that land.

Note—

The definition of secondary dwelling in the Dictionary requires the dwelling to be on the same lot of land as the principal dwelling.

2.7 Demolition requires development consent

The demolition of a building or work may be carried out only with development consent.

Note—

If the demolition of a building or work is identified in an applicable environmental planning instrument, such as this Plan or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, as exempt development, the Act enables it to be carried out without development consent.

2.8 Temporary use of land

(1)  The objective of this clause is to provide for the temporary use of land if the use does not compromise future development of the land, or have detrimental economic, social, amenity or environmental effects on the land.

(2)  Despite any other provision of this Plan, development consent may be granted for development on land in any zone for a temporary use for a maximum period of 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).

2.9 Canal estate development prohibited

(1)  Canal estate development is prohibited on land to which this Plan applies.

(2)  In this Plan, canal estate development means development that involves—

(a)  a constructed canal, or other waterway or waterbody, that—

(i)  is inundated by surface water or groundwater movement, or

(ii)  drains to a waterway or waterbody by surface water or groundwater movement, and

(b)  the erection of a dwelling, and

(c)  one or both of the following—

(i)  the use of fill material to raise the level of all or part of the land on which the dwelling will be erected to comply with requirements for residential development in the flood planning area,

(ii)  excavation to create a waterway.

(3)  Canal estate development does not include development for the purposes of drainage or the supply or treatment of water if the development is—

(a)  carried out by or with the authority of a person or body responsible for the drainage, supply or treatment, and

(b)  limited to the minimum reasonable size and capacity.

(4)  In this clause—

flood planning area has the same meaning as in clause 5.21.

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 (Housing) 2021

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

State Environmental Planning Policy (Resources and Energy) 2021, Chapter 2

State Environmental Planning Policy (Resilience and Hazards) 2021, Chapter 3

State Environmental Planning Policy (Industry and Employment) 2021, Chapter 3

State Environmental Planning Policy (Primary Production) 2021, Chapter 2

Land Use tbl: Am 2017 (493), Sch 1.1 [2]; 2018 (49), cl 4; 2018 (488), Sch 1.1 [1]; 2019 (137), Sch 6 [1]; 2019 (621), Sch 3; 2020 (405), Sch 1[1]–[28]; 2020 (770), cl 4(1) (2); 2022 (314), Sch 1.

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 protect and enhance the biodiversity of Yass Valley.

•  To protect the geologically significant areas of Yass Valley.

•  To maintain the rural character of Yass Valley.

•  To encourage the use of rural land for agriculture and other forms of development that are associated with rural industry or that require an isolated or rural location.

•  To ensure that the location, type and intensity of development is appropriate, having regard to the characteristics of the land, the rural environment and the need to protect significant natural resources, including prime crop and pasture land.

•  To prevent the subdivision of land on the fringe of urban areas into small lots that may prejudice the proper layout of future urban areas.

2 Permitted without consent

Environmental protection works; Extensive agriculture; Forestry; Home-based child care; Home businesses; Home occupations; Intensive plant agriculture; Water storage facilities

3 Permitted with consent

Air transport facilities; Airstrips; Animal boarding or training establishments; Aquaculture; Bed and breakfast accommodation; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Cellar door premises; Cemeteries; Charter and tourism boating facilities; Community facilities; Correctional centres; Crematoria; Depots; Dual occupancies; Dwelling houses; Eco-tourist facilities; Environmental facilities; Extractive industries; Farm buildings; Farm stay accommodation; Flood mitigation works; Function centres; Helipads; High technology industries; Home industries; Industrial retail outlets; Industrial training facilities; Information and education facilities; Intensive livestock agriculture; Landscaping material supplies; Markets; Open cut mining; Places of public worship; Recreation areas; Recreation facilities (major); Recreation facilities (outdoor); Restaurants or cafes; Roads; Roadside stalls; Rural industries; Rural supplies; Rural workers’ dwellings; Serviced apartments; Signage; Timber yards; Transport depots; Truck depots; Turf farming; Waste or resource management facilities; Water recreation structures; 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; Intensive plant agriculture; Water storage facilities

3 Permitted with consent

Agricultural produce industries; Airstrips; Animal boarding or training establishments; Aquaculture; Bed and breakfast accommodation; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Cellar door premises; Cemeteries; Dual occupancies; Dwelling houses; Eco-tourist facilities; Environmental facilities; Farm buildings; Farm stay accommodation; Flood mitigation works; Forestry; Function centres; Helipads; High technology industries; Home industries; Industrial retail outlets; Information and education facilities; Mortuaries; Plant nurseries; Recreation areas; Recreation facilities (outdoor); Restaurants or cafes; Roads; Roadside stalls; Rural supplies; Rural workers’ dwellings; Serviced apartments; Signage; Water recreation structures; 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

Uses authorised under the Forestry Act 2012 or under Part 5B (Private native forestry) of the Local Land Services Act 2013

3 Permitted with consent

Aquaculture; Roads

4 Prohibited

Any development not specified in item 2 or 3

Zone RU4   Primary Production Small Lots

1 Objectives of zone

•  To enable sustainable primary industry and other compatible land uses.

•  To encourage and promote diversity and employment opportunities in relation to primary industry enterprises, particularly those that require smaller lots or that are more intensive in nature.

•  To minimise conflict between land uses within this zone and land uses within adjoining zones.

•  To enable residential development if it supports viable primary production on the land.

•  To ensure that the location, type and intensity of development is appropriate, having regard to the characteristics of the land, the rural environment and the need to protect significant natural resources, including ground and surface water.

•  To prevent premature and sporadic subdivision of land on the fringe of urban areas into small lots that may prejudice the proper layout of these areas in the future.

2 Permitted without consent

Environmental protection works; Extensive agriculture; Home-based child care; Home businesses; Home occupations; Horticulture; Viticulture; Water storage facilities

3 Permitted with consent

Agricultural produce industries; Animal boarding or training establishments; Aquaculture; Bed and breakfast accommodation; Cellar door premises; Cemeteries; Dual occupancies; Dwelling houses; Farm buildings; Farm stay accommodation; Flood mitigation works; Function centres; High technology industries; Home industries; Industrial retail outlets; Intensive plant agriculture; Markets; Plant nurseries; Recreation areas; Restaurants or cafes; Roads; Roadside stalls; Rural supplies; Signage; Truck depots; Veterinary hospitals; Water supply systems

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 ensure that development is compatible with village character and amenity.

•  To ensure that development is provided with an adequate water supply and the disposal of sewage.

2 Permitted without consent

Home-based child care; Home businesses; Home occupations

3 Permitted with consent

Amusement centres; Boat building and repair facilities; Boat sheds; Camping grounds; Car parks; Caravan parks; Cemeteries; Charter and tourism boating facilities; Centre-based child care facilities; Commercial premises; Community facilities; Crematoria; Depots; Dwelling houses; Entertainment facilities; Environmental facilities; Environmental protection works; Exhibition villages; Function centres; Information and education facilities; Light industries; Local distribution premises; Mortuaries; Neighbourhood shops; Oyster aquaculture; Places of public worship; Public administration buildings; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Registered clubs; Residential accommodation; Respite day care centres; Roads; Schools; Service stations; Signage; Storage premises; Tank-based aquaculture; Tourist and visitor accommodation; Vehicle body repair workshops; Vehicle repair stations; Veterinary hospitals; Water recycling facilities; Water supply systems; Wholesale supplies

4 Prohibited

Boarding houses; Cellar door premises; Farm stay accommodation; Hostels; Landscaping material supplies; Multi dwelling housing; Residential flat buildings; Roadside stalls; Rural workers’ dwellings; Timber yards; Vehicle sales or hire premises; 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.

2 Permitted without consent

Environmental protection works; Home-based child care; Home businesses; Home occupations

3 Permitted with consent

Attached dwellings; Bed and breakfast accommodation; Boarding houses; Centre-based child care facilities; Community facilities; Dual occupancies; Dwelling houses; Emergency services facilities; Entertainment facilities; Environmental facilities; Exhibition homes; Flood mitigation works; Group homes; Hostels; Hotel or motel accommodation; Information and education facilities; Multi dwelling housing; Neighbourhood shops; Oyster aquaculture; Places of public worship; Pond-based aquaculture; Recreation areas; Recreation facilities (indoor); Residential flat buildings; Respite day care centres; Roads; Semi-detached dwellings; Seniors housing; Serviced apartments; Shop top housing; Signage; Take away food and drink premises; Tank-based aquaculture; Water supply systems

4 Prohibited

Water treatment facilities; Any other development not specified in item 2 or 3

Zone R2   Low Density Residential

1 Objectives of zone

•  To provide for the housing needs of the community within a low density residential environment.

•  To enable other land uses that provide facilities or services to meet the day to day needs of residents.

•  To ensure that development is provided with an adequate water supply and the disposal of sewage.

2 Permitted without consent

Environmental protection works; Home-based child care; Home businesses; Home occupations

3 Permitted with consent

Attached dwellings; Bed and breakfast accommodation; Centre-based child care facilities; Dual occupancies; Dwelling houses; Emergency services facilities; Environmental facilities; Exhibition homes; Group homes; Home industries; Oyster aquaculture; Pond-based aquaculture; Recreation areas; Respite day care centres; Roads; Signage; Tank-based aquaculture; Water supply 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 provide opportunities for medium density residential accommodation in locations close to shops, transport nodes, commercial services, public open space and employment opportunities.

2 Permitted without consent

Home-based child care; Home businesses; Home occupations

3 Permitted with consent

Attached dwellings; Bed and breakfast accommodation; Boarding houses; Centre-based child care facilities; Community facilities; Dual occupancies; Emergency services facilities; Exhibition homes; Group homes; Hostels; Multi dwelling housing; Neighbourhood shops; Oyster aquaculture; Places of public worship; Residential flat buildings; Respite day care centres; Roads; Semi-detached dwellings; Seniors housing; Serviced apartments; Signage; Tank-based aquaculture; 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 ensure that development is provided with an adequate water supply and the disposal of sewage.

2 Permitted without consent

Environmental protection works; Extensive agriculture; Home-based child care; Home businesses; Home occupations

3 Permitted with consent

Animal boarding or training establishments; Bed and breakfast accommodation; Bee keeping; Camping grounds; Caravan parks; Dual occupancies; Dwelling houses; Emergency services facilities; Environmental facilities; Exhibition homes; Farm buildings; Group homes (transitional); High technology industries; Home industries; Information and education facilities; Oyster aquaculture; Pond-based aquaculture; Recreation areas; Respite day care centres; Roads; Signage; Tank-based aquaculture; Truck depots; Veterinary hospitals

4 Prohibited

Any 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

Environmental protection works; Home-based child care; Home businesses; Home occupations

3 Permitted with consent

Artisan food and drink industries; Boarding houses; Business premises; Centre-based child care facilities; Community facilities; Medical centres; Neighbourhood shops; Neighbourhood supermarkets; Oyster aquaculture; Respite day care centres; Roads; Shop top housing; Tank-based aquaculture; Any other development not specified in item 2 or 4

4 Prohibited

Agriculture; Air transport facilities; Airstrips; Animal boarding or training establishments; Boat building and repair facilities; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Cellar door premises; Cemeteries; Charter and tourism boating facilities; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Educational establishments; Electricity generating works; Emergency services facilities; Entertainment facilities; Environmental facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Function centres; Heavy industrial storage establishments; Helipads; Highway service centres; Home occupations (sex services); Hospitals; Hostels; Industrial retail outlets; Industrial training facilities; Industries; Jetties; Marinas; Mooring pens; Moorings; Mortuaries; Open cut mining; Passenger transport facilities; Places of public worship; Pond-based aquaculture; Port facilities; Public administration buildings; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Research stations; Residential accommodation; Restricted premises; Roadside stalls; Rural industries; Sewerage systems; Sex services premises; Storage premises; Timber yards; Tourist and visitor accommodation; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Vehicle sales or hire premises; Veterinary hospitals; Warehouse or distribution centres; Waste or resource management facilities; Water recreation structures; Water treatment facilities; Wharf or boating facilities; Wholesale supplies

Zone B2   Local Centre

1 Objectives of zone

•  To provide a range of retail, business, entertainment and community uses that serve the needs of people who live in, work in and visit the local area.

•  To encourage employment opportunities in accessible locations.

•  To maximise public transport patronage and encourage walking and cycling.

2 Permitted without consent

Environmental protection works; Home-based child care; Home businesses; Home occupations

3 Permitted with consent

Artisan food and drink industries; Boarding houses; Centre-based child care facilities; Commercial premises; Community facilities; Educational establishments; Entertainment facilities; Function centres; Home industries; Information and education facilities; Medical centres; Oyster aquaculture; Passenger transport facilities; Recreation facilities (indoor); Registered clubs; Respite day care centres; Restricted premises; Roads; Service stations; Shop top housing; Tank-based aquaculture; Tourist and visitor accommodation; Any other development not specified in item 2 or 4

4 Prohibited

Agriculture; Air transport facilities; Airstrips; Animal boarding or training establishments; Boat building and repair facilities; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Cellar door premises; Cemeteries; Charter and tourism boating facilities; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Electricity generating works; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Heavy industrial storage establishments; Helipads; Highway service centres; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Jetties; Landscaping material supplies; Marinas; Mooring pens; Moorings; Mortuaries; Open cut mining; Pond-based aquaculture; Port facilities; Recreation facilities (major); Recreation facilities (outdoor); Research stations; Rural industries; Rural workers’ dwellings; Sewerage systems; Sex services premises; Storage premises; Transport depots; Truck depots; Vehicle body repair workshops; Veterinary hospitals; Warehouse or distribution centres; Waste or resource management facilities; Water recreation structures; Wharf or boating facilities; Wholesale supplies

Zone B5   Business Development

1 Objectives of zone

•  To enable a mix of business and warehouse uses, and specialised retail premises that require a large floor area, in locations that are close to, and that support the viability of, centres.

2 Permitted without consent

Environmental protection works

3 Permitted with consent

Centre-based child care facilities; Garden centres; Hardware and building supplies; Landscaping material supplies; Oyster aquaculture; Passenger transport facilities; Respite day care centres; Roads; Specialised retail premises; Tank-based aquaculture; Warehouse or distribution centres; Any other development not specified in item 2 or 4

4 Prohibited

Agriculture; Air transport facilities; Airstrips; Amusement centres; Animal boarding or training establishments; Backpackers’ accommodation; Bed and breakfast accommodation; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Charter and tourism boating facilities; Correctional centres; Eco-tourist facilities; Entertainment facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Farm stay accommodation; Forestry; Freight transport facilities; Function centres; General industries; Health services facilities; Heavy industrial storage establishments; Heavy industries; Helipads; Highway service centres; Home-based child care; Home businesses; Home industries; Information and education facilities; Jetties; Marinas; Mooring pens; Moorings; Open cut mining; Places of public worship; Pond-based aquaculture; Port facilities; Recreation areas; Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Research stations; Residential accommodation; Restricted premises; Rural industries; Sewerage systems; Sex services premises; Waste or resource management facilities; Water recreation structures; Water treatment facilities; Wharf or boating facilities

Zone B6   Enterprise Corridor

1 Objectives of zone

•  To promote businesses along main roads and to encourage a mix of compatible uses.

•  To provide a range of employment uses (including business, office, retail and light industrial uses).

•  To maintain the economic strength of centres by limiting retailing activity.

•  To provide for residential uses, but only as part of a mixed use development.

•  To provide a transitional link between the Yass local centre and employment generating land to the north.

2 Permitted without consent

Environmental protection works; Home-based child care; Home businesses; Home occupations

3 Permitted with consent

Business premises; Community facilities; Garden centres; Hardware and building supplies; Hotel or motel accommodation; Landscaping material supplies; Light industries; Oyster aquaculture; Passenger transport facilities; Plant nurseries; Roads; Tank-based aquaculture; Warehouse or distribution centres; Any other development not specified in item 2 or 4

4 Prohibited

Agriculture; Air transport facilities; Airstrips; Amusement centres; Animal boarding or training establishments; Attached dwellings; Backpackers’ accommodation; Boarding houses; Camping grounds; Caravan parks; Cemeteries; Correctional centres; Crematoria; Dual occupancies; Eco-tourist facilities; Electricity generating works; Entertainment facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Farm stay accommodation; Forestry; Freight transport facilities; General industries; Group homes; Heavy industrial storage establishments; Heavy industries; Helipads; Highway service centres; Home occupations (sex services); Hostels; Industrial training facilities; Markets; Mortuaries; Multi dwelling housing; Open cut mining; Pond-based aquaculture; Port facilities; Public administration buildings; Pubs; Registered clubs; Research stations; Residential flat buildings; Restricted premises; Roadside stalls; Rural industries; Rural supplies; Rural workers’ dwellings; Secondary dwellings; Semi-detached dwellings; Seniors housing; Sewerage systems; Sex services premises; Shops; Storage premises; Timber yards; Transport depots; Vehicle sales or hire premises; Waste or resource transfer stations; Wharf or boating facilities; Wholesale supplies

Zone IN1   General Industrial

1 Objectives of zone

•  To provide a wide range of industrial and warehouse land uses.

•  To encourage employment opportunities.

•  To minimise any adverse effect of industry on other land uses.

•  To support and protect industrial land for industrial uses.

2 Permitted without consent

Environmental protection works

3 Permitted with consent

Depots; Freight transport facilities; Garden centres; General industries; Hardware and building supplies; Industrial training facilities; Light industries; Liquid fuel depots; Neighbourhood shops; Oyster aquaculture; Places of public worship; Roads; Tank-based aquaculture; Warehouse or distribution centres; Any other development not specified in item 2 or 4

4 Prohibited

Agriculture; Air transport facilities; Airstrips; Amusement centres; Animal boarding or training establishments; Backpackers’ accommodation; Bed and breakfast accommodation; Boat launching ramps; Boat sheds; Business premises; Camping grounds; Caravan parks; Cellar door premises; Cemeteries; Centre-based child care facilities; Charter and tourism boating facilities; Community facilities; Correctional centres; Eco-tourist facilities; Educational establishments; Entertainment facilities; Environmental facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Farm stay accommodation; Forestry; Function centres; Health services facilities; Heavy industrial storage establishments; Heavy industries; Helipads; Home-based child care; Home businesses; Home occupations; Jetties; Marinas; Markets; Mooring pens; Moorings; Office premises; Open cut mining; Plant nurseries; Pond-based aquaculture; Public administration buildings; Pubs; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Research stations; Residential accommodation; Respite day care centres; Roadside stalls; Serviced apartments; Shops; Specialised retail premises; Veterinary hospitals; Wharf or boating facilities

Zone IN2   Light Industrial

1 Objectives of zone

•  To provide a wide range of light industrial, warehouse and related land uses.

•  To encourage employment opportunities and to support the viability of centres.

•  To minimise any adverse effect of industry on other land uses.

•  To enable other land uses that provide facilities or services to meet the day to day needs of workers in the area.

•  To support and protect industrial land for industrial uses.

2 Permitted without consent

Environmental protection works

3 Permitted with consent

Agricultural produce industries; Depots; Garden centres; Hardware and building supplies; Industrial training facilities; Light industries; Neighbourhood shops; Oyster aquaculture; Places of public worship; Roads; Tank-based aquaculture; Warehouse or distribution centres; Any other development not specified in item 2 or 4

4 Prohibited

Agriculture; Air transport facilities; Airstrips; Amusement centres; Animal boarding or training establishments; Biosolids treatment facilities; Boat launching ramps; Boat sheds; Business premises; Camping grounds; Caravan parks; Cellar door premises; Cemeteries; Centre-based child care facilities; Charter and tourism boating facilities; Community facilities; Correctional centres; Crematoria; Eco-tourist facilities; Educational establishments; Emergency services facilities; Entertainment facilities; Environmental facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Forestry; Function centres; General industries; Health services facilities; Heavy industrial storage establishments; Heavy industries; Helipads; Highway service centres; Home-based child care; Home businesses; Home occupations; Home occupations (sex services); Information and education facilities; Jetties; Marinas; Markets; Mooring pens; Moorings; Mortuaries; Office premises; Open cut mining; Passenger transport facilities; Plant nurseries; Pond-based aquaculture; Port facilities; Public administration buildings; Pubs; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Research stations; Residential accommodation; Respite day care centres; Restaurants or cafes; Rural industries; Rural supplies; Sewage reticulation systems; Sewage treatment plants; Shops; Specialised retail premises; Tourist and visitor accommodation; Veterinary hospitals; Waste disposal facilities; Water recreation structures; Wharf or boating facilities

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; 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; 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 provide for the free passage or temporary storage of storm or floodwaters.

•  To identify land that is suitable for future public recreation use and that can be brought into public ownership.

•  To ensure the provision of adequate open space to meet the needs of all residents.

2 Permitted without consent

Environmental protection works

3 Permitted with consent

Aquaculture; Boat launching ramps; Camping grounds; Car parks; Caravan parks; Community facilities; Eco-tourist facilities; Emergency services facilities; Entertainment facilities; Environmental facilities; Flood mitigation works; Function centres; Kiosks; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Roads; Signage; Water recycling facilities; Water reticulation systems; Water storage facilities

4 Prohibited

Any development not specified in item 2 or 3

Zone RE2   Private Recreation

1 Objectives of zone

•  To enable land to be used for private open space or recreational purposes.

•  To provide a range of recreational settings and activities and compatible land uses.

•  To protect and enhance the natural environment for recreational purposes.

2 Permitted without consent

Environmental protection works

3 Permitted with consent

Aquaculture; Camping grounds; Car parks; Caravan parks; Community facilities; Eco-tourist facilities; Emergency services facilities; Environmental facilities; Flood mitigation works; Food and drink premises; Function centres; Hotel or motel accommodation; Kiosks; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Roads; Serviced apartments; Signage; Water recycling facilities; Water reticulation systems; Water storage 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.

2 Permitted without consent

Environmental protection works

3 Permitted with consent

Environmental facilities; Oyster aquaculture; Research stations; Roads; Signage; Water storage facilities

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.

2 Permitted without consent

Environmental protection works; Home-based child care; Home businesses; Home occupations

3 Permitted with consent

Bed and breakfast accommodation; Boat launching ramps; Camping grounds; Dual occupancies; Dwelling houses; Eco-tourist facilities; Emergency services facilities; Environmental facilities; Extensive agriculture; Farm buildings; Flood mitigation works; Horticulture; Information and education facilities; Oyster aquaculture; Pond-based aquaculture; Research stations; Roads; Signage; Tank-based aquaculture; Water storage facilities

4 Prohibited

Industries; Local distribution premises; Multi dwelling housing; Residential flat buildings; Retail premises; Seniors housing; Service stations; Warehouse or distribution centres; Any other development not specified in item 2 or 3

Zone 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 ensure that development is provided with an adequate water supply and the disposal of effluent.

2 Permitted without consent

Environmental protection works; Home-based child care; Home businesses; Home occupations; Water supply systems

3 Permitted with consent

Bed and breakfast accommodation; Caravan parks; Dual occupancies; Dwelling houses; Eco-tourist facilities; Emergency services facilities; Environmental facilities; Extensive agriculture; Farm buildings; Farm stay accommodation; Flood mitigation works; Function centres; Home industries; Oyster aquaculture; Pond-based aquaculture; Recreation areas; Roads; Signage; Tank-based aquaculture

4 Prohibited

Industries; Local distribution premises; Service stations; 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; Boat launching ramps; Charter and tourism boating facilities; Environmental facilities; Recreation areas; Roads; Signage; 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.

(4)  Development that relates to an existing building that is classified under the Building Code of Australia as class 1b or class 2–9 is exempt development only if—

(a)  the building has a current fire safety certificate or fire safety statement, or

(b)  no fire safety measures are currently implemented, required or proposed for the building.

(5)  To be exempt development, the development must—

(a)  be installed in accordance with the manufacturer’s specifications, if applicable, and

(b)  not involve the removal, pruning or other clearing of vegetation that requires a permit, development consent or other approval unless it is undertaken in accordance with a permit, development consent or other approval.

Note—

See State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chapter 2 and the Local Land Services Act 2013, Part 5A.

(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 minimise the likely impact of subdivision on the amenity of neighbouring properties,

(b)  to ensure that lot sizes and dimensions have appropriate regard to the characteristics of the land, the rural environment, the protection of biodiversity, significant geological and natural resources, the heritage and the built form of Yass Valley,

(c)  to ensure that subdivision reflects and reinforces the predominant subdivision patterns of neighbouring properties and surrounds,

(d)  to maintain the character of Yass Valley,

(e)  to ensure subdivision occurs in a planned and sustainable way,

(f)  to ensure subdivision does not create unreasonable or uneconomic demands for the provision or extension of services,

(g)  to prevent the subdivision of land on the fringe of urban areas into small lots that may negatively influence the layout of future urban areas.

(2)  This clause applies to a subdivision of any land shown on the Lot Size Map that requires development consent and that is carried out after the commencement of this Plan.

(3)  The size of any lot resulting from a subdivision of land to which this clause applies is not to be less than the minimum size shown on the Lot Size Map in relation to that land.

(4)  This clause does not apply in relation to the subdivision of any land—

(a)  by the registration of a strata plan or strata plan of subdivision under the Strata Schemes Development Act 2015, or

(b)  by any kind of subdivision under the Community Land Development Act 2021.

4.1AA Minimum subdivision lot size for community title schemes

(1)  The objectives of this clause are as follows—

(a)  to ensure that land to which this clause applies is not fragmented by subdivisions that would create additional dwelling entitlements,

(b)  to ensure that lot sizes and subdivision patterns for tourist and visitor accommodation provide protection for the rural and environmental values of the area.

(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 RU4 Primary Production Small Lots,

(d)  Zone RU5 Village,

(e)  Zone R2 Low Density Residential,

(f)  Zone R5 Large Lot Residential,

(g)  Zone E3 Environmental Management,

(h)  Zone E4 Environmental Living,

but does not apply to a subdivision by the registration of a strata plan.

(3)  The size of any lot resulting from a subdivision of land to which this clause applies (other than any lot comprising association property within the meaning of the Community Land Development Act 2021) is not to be less than the minimum size shown on the Lot Size Map in relation to that land.

(3A)  Despite subclause (3), development consent may be granted for the subdivision of land to which this clause applies resulting in lots that are less than the minimum size shown on the Lot Size Map in relation to that land if the consent authority is satisfied that—

(a)  the use of the land after subdivision will be for the purpose of an eco-tourist facility permitted under an existing development consent for the land, and

(b)  the development is complementary to the rural and environmental attributes of the land and its surrounds, and

(c)  there is or will be appropriate vehicular access servicing the lots, and

(d)  if there is or will be a reticulated sewerage scheme for the land being subdivided—all of the lots created will have an area of at least 2,000 square metres, and

(e)  if on-site sewage management is proposed to dispose of sewage on each individual lot—all of the lots created will have an area of at least 4,000 square metres.

(4)  This clause applies despite clause 4.1.

4.1A Minimum subdivision lot size for strata plan schemes in certain rural, residential and environment protection zones

(1)  The objective of this clause is to ensure that land to which this clause applies is not fragmented by subdivisions that would create additional dwelling entitlements.

(2)  This clause applies to land in the following zones that is used, or is proposed to be used, for residential accommodation or tourist and visitor accommodation—

(a)  Zone RU1 Primary Production,

(b)  Zone RU2 Rural Landscape,

(c)  Zone RU4 Primary Production Small Lots,

(d)  Zone RU5 Village,

(e)  Zone R2 Low Density Residential,

(f)  Zone R5 Large Lot Residential,

(g)  Zone E3 Environmental Management,

(h)  Zone E4 Environmental Living.

(3)  The size of any lot resulting from a subdivision of land to which this clause applies for a strata plan scheme (other than any lot comprising common property within the meaning of the Strata Schemes (Freehold Development) Act 1973 or Strata Schemes (Leasehold Development) Act 1986) is not to be less than the minimum size shown on the Lot Size Map in relation to that land.

Note—

Part 6 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 provides that strata subdivision of a building in certain circumstances is specified complying development.

4.1B Subdivision using average lot sizes

(1)  The objectives of this clause are to facilitate alternative subdivision controls that—

(a)  maintain the rural character of the Yass Valley, and

(b)  facilitate a subdivision design that takes into consideration the environmental and agricultural values of the land and best protects those values.

(2)  This clause applies to land in the following zones—

(a)  Zone RU1 Primary Production,

(b)  Zone RU2 Rural Landscape,

(c)  Zone E4 Environmental Living.

(3)  Despite clause 4.1, development consent may be granted to subdivide land in Zone RU1 Primary Production or Zone RU2 Rural Landscape if—

(a)  the average area of all the lots created will be at least 40 hectares, and

(b)  none of the lots created will have an area of less than 20 hectares, and

(c)  none of the lots created will have an area greater than 70 hectares.

Note—

Under clause 4.1, a subdivision can create a lot with an area greater than 70 hectares.

(4)  Despite clause 4.1AA, development consent may be granted to subdivide land in Zone E4 Environmental Living, under the Community Land Development Act 1989, if—

(a)  the average size of all the lots created will be at least the minimum size shown on the Lot Size Map in relation to that land, and

(b)  if there is a reticulated sewerage scheme—each lot created will have an area of at least 2,000 square metres, and

(c)  if on-site sewage management is proposed to dispose effluent on each individual lot—each lot created will have an area of at least 4,000 square metres, and

(d)  the subdivision can be serviced without placing unreasonable financial burdens on the community, particularly in relation to road upgrading, and

(e)  the lots proposed for residential purposes are located to minimise impacts on the natural environment, and

(f)  sufficient curtilage is provided around items of European or Aboriginal heritage to provide for ongoing protection.

cl 4.1B: Am 2016 (508), Sch 1 [1].

4.1C Additional requirements for subdivision in certain rural zones

(1)  The objectives of this clause are to enable appropriate subdivision of land to which this clause applies having regard to topographical constraints, agricultural productivity, biodiversity values and environmental impact.

(2)  This clause applies to land in the following zones—

(a)  Zone RU1 Primary Production,

(b)  Zone RU2 Rural Landscape,

(c)  Zone RU4 Primary Production Small Lots.

(3)  Development consent must not be granted for the subdivision of land to which this clause applies unless the consent authority is satisfied that—

(a)  the pattern of lots created by the subdivision and the location of any future buildings on the land are not likely to have a detrimental impact on any riparian land, watercourses or biodiversity values, or exacerbate existing erosion or salinity processes, and

(b)  the subdivision layout has regard to protecting areas of remnant vegetation and will minimise the need for clearing vegetation for any future buildings, accessways, fences and any associated asset protection zones, and

(c)  the pattern of lots will not significantly increase access to a watercourse for stock and domestic purposes, and

(d)  the subdivision will not adversely affect the use of the land and surrounding land for agriculture.

cl 4.1C: Ins 2016 (508), Sch 1 [2].

4.1D Minimum site areas for dual occupancies and multi dwelling housing in Zones R1, R2, R3 and RU5

(1)  The objective of this clause is to achieve planned residential density in certain zones.

(2)  Development consent must not be granted to development for the purposes of a dual occupancy unless the site area per dwelling is at least—

(a)  in the case of Zone R1 General Residential—400 square metres, or

(b)  in the case of Zone R2 Low Density Residential—2,000 square metres, or

(c)  in the case of Zone R3 Medium Density Residential—150 square metres, or

(d)  in the case of Zone RU5 Village if the site is connected to a reticulated sewerage system—750 square metres, or

(e)  in the case of Zone RU5 Village if the site is not connected to a reticulated sewerage system—2,000 square metres.

(3)  Development consent must not be granted to development for the purposes of multi dwelling housing unless the site area per dwelling is at least—

(a)  in the case of Zone R1 General Residential—400 square metres, or

(b)  in the case of Zone R3 Medium Density Residential—150 square metres.

cl 4.1D: Ins 2020 (340), Sch 1[2].

4.2 Rural subdivision

(1)  The objective of this clause is to provide flexibility in the application of standards for subdivision in rural zones to allow land owners a greater chance to achieve the objectives for development in the relevant zone.

(2)  This clause applies to the following rural zones—

(a)  Zone RU1 Primary Production,

(b)  Zone RU2 Rural Landscape,

(baa)  Zone RU3 Forestry,

(c)  Zone RU4 Primary Production Small Lots,

(d)  Zone RU6 Transition.

Note—

When this Plan was made it did not include all of these zones.

(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 Exceptions to minimum lot sizes for certain rural subdivisions

(1)  The objective of this clause is to enable the subdivision of land in rural areas to create lots of an appropriate size to meet the needs of current permissible uses other than for the purpose of dwelling houses or dual occupancies.

(2)  This clause applies to land in the following zones—

(a)  Zone RU1 Primary Production,

(b)  Zone RU2 Rural Landscape,

(c)  Zone RU4 Primary Production Small Lots.

(3)  Land to which this clause applies may, with development consent, be subdivided to create a lot of a size that is less than the minimum size shown on the Lot Size Map in relation to that land if the consent authority is satisfied that the use of the land after the subdivision will be the same use (other than a dwelling house or a dual occupancy) permitted under an existing development consent for the land.

(4)  Development consent must not be granted for the subdivision of land to which this clause applies unless the consent authority is satisfied that—

(a)  the subdivision will not adversely affect the use of the surrounding land for agriculture, and

(b)  the subdivision is necessary for the ongoing operation of the permissible use, and

(c)  the subdivision will not increase rural land use conflict in the locality, and

(d)  the subdivision is appropriate having regard to the natural and physical constraints affecting the land.

4.2B Erection of dwelling houses and dual occupancies on land in certain rural and environment protection zones

(1)  The objectives of this clause are as follows—

(a)  to minimise unplanned rural residential development,

(b)  to enable the erection of dual occupancies in rural and environment protection zones,

(c)  to enable the replacement of lawfully erected dwelling houses or dual occupancies in rural and environment protection zones.

(2)  This clause applies to land in the following zones—

(a)  Zone RU1 Primary Production,

(b)  Zone RU2 Rural Landscape,

(c)  Zone RU4 Primary Production Small Lots,

(d)  Zone E3 Environmental Management,

(e)  Zone E4 Environmental Living.

(3)  Development consent must not be granted for the erection of a dwelling house or a dual occupancy on land to which this clause applies unless the land—

(a)  is a lot that is at least the minimum lot size shown on the Lot Size Map in relation to that land, or

(b)  is a lot created before this Plan commenced and on which the erection of a dwelling house or a dual occupancy was permissible immediately before that commencement, or

(c)  is a lot resulting from a subdivision for which development consent (or equivalent) was granted before this Plan commenced and on which the erection of a dwelling house or a dual occupancy would have been permissible if the plan of subdivision had been registered before that commencement, or

(d)  is a lot resulting from a subdivision under clause 4.1 or clause 4.1B, or

(e)  would have been a lot or a holding referred to in paragraph (a), (b), (c) or (d) had it not been affected by—

(i)  a minor realignment of its boundaries that did not create an additional lot, or

(ii)  a subdivision creating or widening a public road or public reserve or for another public purpose, or

(iii)  a consolidation with an adjoining public road or public reserve or for another public purpose.

Note—

A dwelling cannot be erected on a lot created under clause 9 of State Environmental Planning Policy (Rural Lands) 2008 or clause 4.2.

(4)  Development consent must not be granted under subclause (3) for the erection of a dwelling house unless—

(a)  no dwelling house has been erected on the land, and

(b)  if a development application has been made for development for the purpose of a dwelling house on the land—the application has been refused or it was withdrawn before it was determined, and

(c)  if development consent has been granted in relation to such an application—the consent has been surrendered or it has lapsed.

(5)  Development consent must not be granted under subclause (3) for the erection of a dual occupancy unless—

(a)  no dual occupancy has been erected on the land, and

(b)  if a development application has been made for development for the purpose of a dual occupancy on the land—the application has been refused or it was withdrawn before it was determined, and

(c)  if development consent has been granted in relation to such an application—the consent has been surrendered or it has lapsed.

(6)  Development consent may be granted for the erection of a dwelling house or a dual occupancy on land to which this clause applies if there is a lawfully erected dwelling house or a dual occupancy on the land and the dwelling house or the dual occupancy to be erected is intended only to replace the existing dwelling house or dual occupancy.

(7)  Despite subclauses (3) and (6), development consent may be granted for the erection of a dwelling house to create a dual occupancy on land to which this clause applies if there is a lawfully erected dwelling house on the land.

cl 4.2B: Am 2016 (508), Sch 1 [3].

4.2C Erection of rural workers’ dwellings on land in Zone RU1 and Zone RU2

(1)  The objectives of this clause are—

(a)  to ensure adequate provision for existing agricultural and rural industries that genuinely require accommodation for permanent on-site employees, and

(b)  to prevent development for a rural worker’s dwelling if the agricultural or rural industry does not have the capacity to support the rural worker’s employment.

(2)  This clause applies to land in the following zones—

(a)  Zone RU1 Primary Production,

(b)  Zone RU2 Rural Landscape.

(3)  Development consent must not be granted for the erection of a rural workers’ dwelling on land to which this clause applies unless the consent authority is satisfied that—

(a)  there is a demonstrated economic capacity of the agricultural or rural industry to support the on going employment of rural workers, and

(b)  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

(c)  the development will not result in more than one rural worker’s dwelling being erected on the land comprising the agricultural or rural industry.

4.3 Height of buildings

(1)  The objectives of this clause are as follows—

(a)  to ensure that the heights of buildings are consistent with the existing streetscape or character of the area in which the buildings are to be located,

(b)  to nominate heights that will provide a transition in built form between business, residential and recreation zones,

(c)  to protect the character and significance of heritage items and heritage conservation areas identified in this Plan,

(d)  to encourage well designed, accessible and viable retail and commercial development of a scale that is consistent with existing retail and commercial development,

(e)  to minimise the loss of solar access and privacy for neighbouring development.

(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 buildings are compatible with the bulk and scale of the existing and future character of the locality,

(b)  to encourage well designed, accessible and viable retail and commercial floor space of a density that is consistent with existing retail and commercial development.

(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 all of these zones.

(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,

(ca)  clause 6.12.

cl 4.6: Am 2018 (76), Sch 1 [1].

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.

Note—

If land, other than land specified in the Table to subclause (2), is required to be acquired under the owner-initiated acquisition provisions, the Minister for Planning and Infrastructure is required to take action to enable the designation of the acquiring authority under this clause. Pending the designation of the acquiring authority for that land, the acquiring authority is to be the authority determined by order of the Minister for Planning and Infrastructure (see section 21 of the Land Acquisition (Just Terms Compensation) Act 1991).

5.2 Classification and reclassification of public land

(1)  The objective of this clause is to enable the Council to classify or reclassify public land as “operational land” or “community land” in accordance with Part 2 of Chapter 6 of the Local Government Act 1993.

Note—

Under the Local Government Act 1993, “public land” is generally land vested in or under the control of a council (other than roads and certain Crown land). The classification or reclassification of public land may also be made by a resolution of the Council under section 31, 32 or 33 of the Local Government Act 1993. Section 30 of that Act enables this Plan to discharge trusts on which public reserves are held if the land is reclassified under this Plan as operational land.

(2)  The public land described in Part 1 or Part 2 of Schedule 4 is classified, or reclassified, as operational land for the purposes of the Local Government Act 1993.

(3)  The public land described in Part 3 of Schedule 4 is classified, or reclassified, as community land for the purposes of the Local Government Act 1993.

(4)  The public land described in Part 1 of Schedule 4—

(a)  does not cease to be a public reserve to the extent (if any) that it is a public reserve, and

(b)  continues to be affected by any trusts, estates, interests, dedications, conditions, restrictions or covenants that affected the land before its classification, or reclassification, as operational land.

(5)  The public land described in Part 2 of Schedule 4, to the extent (if any) that it is a public reserve, ceases to be a public reserve when the description of the land is inserted into that Part and is discharged from all trusts, estates, interests, dedications, conditions, restrictions and covenants affecting the land or any part of the land, except—

(a)  those (if any) specified for the land in Column 3 of Part 2 of Schedule 4, and

(b)  any reservations that except land out of the Crown grant relating to the land, and

(c)  reservations of minerals (within the meaning of the Crown Land Management Act 2016).

Note—

In accordance with section 30 (2) of the Local Government Act 1993, the approval of the Governor to subclause (5) applying to the public land concerned is required before the description of the land is inserted in Part 2 of Schedule 4.

5.3 Development near zone boundaries

[Not adopted]

5.4 Controls relating to miscellaneous permissible uses

(1) Bed and breakfast accommodation If development for the purposes of bed and breakfast accommodation is permitted under this Plan, the accommodation that is provided to guests must consist of no more than 5 bedrooms.

Note—

Any such development that provides for a certain number of guests or rooms may involve a change in the class of building under the Building Code of Australia.

(2) Home businesses If development for the purposes of a home business is permitted under this Plan, the carrying on of the business must not involve the use of more than 60 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 100 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)  25% of the gross floor area of the industry or rural industry located on the same land as the retail outlet, or

(b)  400 square metres,

whichever is the lesser.

(5) Farm stay accommodation If development for the purposes of farm stay accommodation is permitted under this Plan, the accommodation that is provided to guests must consist of no more than 5 bedrooms in buildings.

(6) Kiosks If development for the purposes of a kiosk is permitted under this Plan, the gross floor area must not exceed 10 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 150 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 8 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)  100% 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)  25% of the gross floor area of the industry, or

(b)  400 square metres,

whichever is the lesser.

cl 5.4: Am 2018 (406), Sch 1.158 [1] [2].

5.5 Controls relating to secondary dwellings on land in a rural zone

[Not adopted]

5.6 Architectural roof features

[Not adopted]

5.7 Development below mean high water mark

[Not applicable]

5.8 Conversion of fire alarms

(1)  This clause applies to a fire alarm system that can be monitored by Fire and Rescue NSW or by a private service provider.

(2)  The following development may be carried out, but only with development consent—

(a)  converting a fire alarm system from connection with the alarm monitoring system of Fire and Rescue NSW to connection with the alarm monitoring system of a private service provider,

(b)  converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with the alarm monitoring system of another private service provider,

(c)  converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with a different alarm monitoring system of the same private service provider.

(3)  Development to which subclause (2) applies is complying development if it consists only of—

(a)  internal alterations to a building, or

(b)  internal alterations to a building together with the mounting of an antenna, and any support structure, on an external wall or roof of a building so as to occupy a space of not more than 450mm × 100mm × 100mm.

(4)  A complying development certificate for any such complying development is subject to a condition that any building work may only be carried out between 7.00 am and 6.00 pm on Monday to Friday and between 7.00 am and 5.00 pm on Saturday, and must not be carried out on a Sunday or a public holiday.

(5)  In this clause—

private service provider means a person or body that has entered into an agreement that is in force with Fire and Rescue NSW to monitor fire alarm systems.

5.9 Dwelling house or secondary dwelling affected by natural disaster

[Not adopted]

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 Yass Valley,

(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.

(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)  for a poultry farm used for breeding poultry—within 5km of another poultry farm, or

(vi)  for a poultry farm not used for breeding poultry—

(A)  within 5km of a poultry farm used for breeding poultry, or

(B)  within 1km of a poultry farm not used for breeding poultry, or

(vii)  for a pig farm—within 3km of another pig 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.

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.

(3)  The requirements set out in Part 1 of Schedule 6 are minimum requirements and do not limit the matters a consent authority is required to take into consideration under the Act or the conditions that it may impose on any development consent.

(4) Extensive pond-based aquaculture permitted without consent in certain zones Development for the purpose of pond-based aquaculture, that is also extensive aquaculture, may be carried out without development consent if—

(a)  the development is carried out in Zone RU1 Primary Production, Zone RU2 Rural Landscape, Zone RU3 Forestry, Zone RU4 Primary Production Small Lots or Zone RU6 Transition, and

(b)  the development complies with the site location requirements and operational requirements set out in Part 2 of Schedule 6.

(5) Oyster aquaculture—additional matters that consent authority must consider in determining a development application In determining a development application for development for the purpose of oyster aquaculture, the consent authority must consider—

(a)  any provisions of any aquaculture industry development plan that are relevant to the subject of the development application, and

(b)  the NSW Oyster Industry Sustainable Aquaculture Strategy.

(6) Oyster aquaculture permitted without consent in priority oyster aquaculture areas Development for the purpose of oyster aquaculture may be carried out without development consent—

(a)  on land that is wholly within a priority oyster aquaculture area, or

(b)  on land that is partly within and partly outside a priority oyster aquaculture area, but only if the land outside the area is no more than 0.1 hectare in area.

(7) Definitions In this clause—

aquaculture industry development plan means an aquaculture industry development plan published under Part 6 of the Fisheries Management Act 1994.

extensive aquaculture has the same meaning as in the Fisheries Management (Aquaculture) Regulation 2017.

NSW Oyster Industry Sustainable Aquaculture Strategy means the third edition of the publication of that title, as published in 2016 by the Department of Primary Industries (within the Department of Industry).

priority oyster aquaculture area means an area identified as a priority oyster aquaculture area on a map referred to in Chapter 5.3 of the NSW Oyster Industry Sustainable Aquaculture Strategy, being a map a copy of which is held in the head office of the Department of Primary Industries (within the Department of Industry) and published on that Department’s website.

5.20 Standards that cannot be used to refuse consent—playing and performing music

(1)  The consent authority must not refuse consent to development in relation to licensed premises on the following grounds—

(a)  the playing or performance of music, including the following—

(i)  the genre of music played or performed, or

(ii)  whether the music played or performed is live or amplified, or

(iii)  whether the music played or performed is original music, or

(iv)  the number of musicians or live entertainment acts playing or performing, or

(v)  the type of instruments played,

(b)  whether dancing occurs,

(c)  the presence or use of a dance floor or another area ordinarily used for dancing,

(d)  the direction in which a stage for players or performers faces,

(e)  the decorations to be used, including, for example, mirror balls, or lighting used by players or performers.

(2)  The consent authority must not refuse consent to development in relation to licensed premises on the grounds of noise caused by the playing or performance of music, if the consent authority is satisfied the noise may be managed and minimised to an acceptable level.

(3)  In this clause—

licensed premises has the same meaning as in the Liquor Act 2007.

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]

5.23 Public bushland

[Not adopted]

5.24 Farm stay accommodation

[Not adopted]

5.25 Farm gate premises

[Not adopted]

Part 6 Additional local provisions

6.1 Earthworks

(1)  The objective of this clause is to ensure that earthworks for which development consent is required will not have a detrimental impact on environmental functions and processes, neighbouring uses, cultural or heritage items or features of the surrounding land.

(2)  Development consent is required for earthworks unless—

(a)  the earthworks are exempt development under this Plan or another applicable environmental planning instrument, or

(b)  the earthworks are ancillary to development that is permitted without consent under this Plan or to development for which development consent has been given.

(3)  Before granting development consent for earthworks (or for development involving ancillary earthworks), the consent authority must consider the following matters—

(a)  the likely disruption of, or any 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 any fill material and the destination of any excavated material,

(f)  the likelihood of disturbing relics,

(g)  the proximity to, and potential for adverse impacts on, any waterway, drinking water catchment or environmentally sensitive area,

(h)  any appropriate measures proposed to avoid, minimise or mitigate the impacts of the development.

Note—

The National Parks and Wildlife Act 1974, particularly section 86, deals with harming Aboriginal objects.

6.2 (Repealed)

cl 6.2: Rep 2021 (225), Sch 1.

6.3 Terrestrial biodiversity

(1)  The objective of this clause is to maintain terrestrial biodiversity by—

(a)  protecting native fauna and flora, and

(b)  protecting the ecological processes necessary for their continued existence, and

(c)  encouraging the conservation and recovery of native fauna and flora and their habitats.

(2)  This clause applies to land identified as “Biodiversity” on the Natural Resources Biodiversity Map.

(3)  Before determining a development application for development on land to which this clause applies, the consent authority must consider—

(a)  whether the development is likely to have—

(i)  any adverse impact on the condition, ecological value and significance of the fauna and flora on the land, and

(ii)  any adverse impact on the importance of the vegetation on the land to the habitat and survival of native fauna, and

(iii)  any potential to fragment, disturb or diminish the biodiversity structure, function and composition of the land, and

(iv)  any adverse impact on the habitat elements providing connectivity on the land, and

(b)  any appropriate measures proposed to avoid, minimise or mitigate the impacts of the development.

(4)  Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied that—

(a)  the development is designed, sited and will be managed to avoid any significant adverse environmental impact, or

(b)  if that impact cannot be reasonably avoided by adopting feasible alternatives—the development is designed, sited and will be managed to minimise that impact, or

(c)  if that impact cannot be minimised—the development will be managed to mitigate that impact.

6.4 Groundwater vulnerability

(1)  The objectives of this clause are as follows—

(a)  to maintain the hydrological functions of key groundwater systems,

(b)  to protect vulnerable groundwater resources from depletion and contamination as a result of development.

(2)  This clause applies to land identified as “Groundwater vulnerability” on the Groundwater Vulnerability Map.

(3)  Before determining a development application for development on land to which this clause applies, the consent authority must consider the following—

(a)  the likelihood of groundwater contamination from the development (including from any on-site storage or disposal of solid or liquid waste and chemicals),

(b)  any adverse impacts the development may have on groundwater dependent ecosystems,

(c)  the cumulative impact the development may have on groundwater (including impacts on nearby groundwater extraction for a potable water supply or stock water supply),

(d)  any appropriate measures proposed to avoid, minimise or mitigate the impacts of the development.

(4)  Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied that—

(a)  the development is designed, sited and will be managed to avoid any significant adverse environmental impact, or

(b)  if that impact cannot be reasonably avoided—the development is designed, sited and will be managed to minimise that impact, or

(c)  if that impact cannot be minimised—the development will be managed to mitigate that impact.

6.5 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 all of the following—

(a)  land identified as “Watercourse” on the Riparian Lands and Watercourses Map,

(b)  all land that is within 40 metres of the top of the bank of each watercourse on land identified as “Watercourse” on that map.

(3)  Before determining a development application for development on land to which this clause applies, the consent authority must consider—

(a)  whether or not the development is likely to have any 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)  any future rehabilitation of the watercourse and riparian areas, and

(b)  whether or not the development is likely to increase water extraction from the watercourse, and

(c)  any appropriate measures proposed to avoid, minimise or mitigate the impacts of the development.

(4)  Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied that—

(a)  the development is designed, sited and will be managed to avoid any significant adverse environmental impact, or

(b)  if that impact cannot be reasonably avoided—the development is designed, sited and will be managed to minimise that impact, or

(c)  if that impact cannot be minimised—the development will be managed to mitigate that impact.

6.6 Salinity

(1)  The objective of this clause is to provide for the appropriate management of land that is subject to salinity and the minimisation and mitigation of adverse impacts from development that contributes to salinity.

(2)  This clause applies to land identified as “Dryland Salinity” on the Natural Resources Land Map.

(3)  Before determining a development application for development on land to which this clause applies, the consent authority must consider the following—

(a)  whether the development is likely to have any adverse impact on salinity processes on the land,

(b)  whether salinity is likely to have an impact on the development,

(c)  any appropriate measures proposed to avoid, minimise or mitigate the impacts of the development.

(4)  Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied that—

(a)  the development is designed, sited and will be managed to avoid any significant adverse environmental impact, or

(b)  if that impact cannot be reasonably avoided—the development is designed, sited and will be managed to minimise that impact, or

(c)  if that impact cannot be minimised—the development will be managed to mitigate that impact.

6.7 Highly erodible soils

(1)  The objective of this clause is to provide for the appropriate management of land that has highly erodible soils or has the potential to be affected by the process of soil erosion.

(2)  This clause applies to land identified as “High Soil Erodibility” on the Natural Resources Land Map.

(3)  Before determining a development application for development on land to which this clause applies, the consent authority must consider the following—

(a)  whether the development is likely to have any adverse impact on soil erosion processes on the land,

(b)  whether soil erosion is likely to have an impact on the development,

(c)  any appropriate measures proposed to avoid, minimise or mitigate the impacts of the development.

(4)  Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied that—

(a)  the development is designed, sited and will be managed to avoid any significant adverse environmental impact, or

(b)  if that impact cannot be reasonably avoided—the development is designed, sited and will be managed to minimise that impact, or

(c)  if that impact cannot be minimised—the development will be managed to mitigate that impact.

6.8 Essential services

Development consent must not be granted to development unless the consent authority is satisfied that any of the following services that are essential for the 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,

(f)  connection to a communications network with voice or data capability (or both).

6.9 Development within a designated buffer area

(1)  The objective of this clause is to protect the operational environment of sewage treatment plants, waste disposal facilities and water treatment facilities, and to limit the impact of these facilities on proposed sensitive land uses.

(2)  This clause applies to land identified as “Water, Waste and Sewerage Buffers” on the Water, Waste and Sewerage Buffer Map.

(3)  Before granting development consent for development on land to which this clause applies, the consent authority must consider the following—

(a)  the impact that any noise, odour or other emissions associated with the existing facility would have on the development,

(b)  any measures incorporated into the development that would limit the impact of noise, odour and other emissions associated with the existing facility,

(c)  any opportunity to relocate the development outside land to which this clause applies,

(d)  whether the development would adversely affect the operational environment of the existing facility on land to which this clause applies.

6.10 Development on land intended to be acquired for Barton Highway duplication

(1)  The objective of this clause is to limit development on land intended to be acquired for the construction of the Barton Highway duplication.

(2)  This clause applies to land identified as “Barton Highway Corridor” on the Barton Highway Duplication Map.

(3)  Development consent must not be granted for any development of a permanent nature (for example, a building) on land to which this clause applies unless the development is consistent with the purpose for which the land is intended to be acquired.

(4)  A condition of a development consent granted under subsection (3) may require the demolition or removal of the work for which consent is granted before the land is acquired for the purpose of the Barton Highway duplication.

6.11 Location of restricted premises and 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 restricted premises and sex services premises and specified land uses and places regularly frequented by children.

(2)  In deciding whether to grant development consent to development for the purposes of restricted premises or sex services premises, the consent authority must consider the following—

(a)  whether the premises will be located on land that adjoins, is directly opposite to 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, Zone R5 Large Lot Residential or Zone RE1 Public Recreation, or

(ii)  used for the purposes of a centre-based child care facility, a community facility, a school or a place of public worship,

(b)  the impact of the proposed development and its hours of operation on any place likely to be regularly frequented by children—

(i)  that adjoins the proposed development, or

(ii)  that can be viewed from the proposed development, or

(iii)  from which a person can view the proposed development.

cl 6.11: Am 2017 (493), Sch 1.2 [1].

6.12 Development on certain land in Gundaroo and Sutton in Zone R2 Low Density Residential

(1)  This clause applies to land in Zone R2 Low Density Residential and shown edged blue on the Lot Size Map.

(2)  Despite any other provision of this Plan, the size of any lot resulting from a subdivision of land to which this clause applies is not to be less than 5,000 square metres unless the lot is connected to a reticulated sewerage scheme.

(3)  Development consent may be granted to development for the purposes of a dual occupancy on land to which this clause applies, where the land is not connected to a reticulated sewerage scheme, only if the size of the lot on which the development is to be carried out is at least 10,000 square metres.

(4)  Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied that the development is designed, sited and will be managed to avoid contamination of groundwater.

cl 6.12: Ins 2018 (76), Sch 1 [2]. Am 2020 (656), cl 5.

6.13 Development on certain land in Sutton in Zone R5 Large Lot Residential

(1)  The objectives of this clause are as follows—

(a)  to ensure lot sizes have appropriate regard to the characteristics of the land, including biodiversity values,

(b)  to enable safe and efficient access to Sutton Village by road,

(c)  to manage and maintain the quality of water in the Yass River,

(d)  to protect the environmental values and scenic amenity and cultural heritage of the Yass River.

(2)  This clause applies to land in Zone R5 Large Lot Residential and shown edged green on the Lot Size Map.

(3)  Despite clauses 4.1 and 4.1AA, development consent may be granted for the subdivision of land to which this clause applies if the consent authority is satisfied that—

(a)  the average area of all the lots created will be at least the minimum size shown on the Lot Size Map in relation to the land, and

(b)  none of the lots created will have an area of less than 5,000 square metres, and

(c)  none of the lots created will have an area greater than 2.5 hectares, and

(d)  vehicular access to and from each of the lots created will be provided by Guise Street, Sutton, and

(e)  in relation to land adjoining the Yass River, all land adjoining the Yass River will be retained in one lot.

(4)  Development consent must not be granted to development for the purpose of a dual occupancy on a lot on land to which this clause applies unless the area of the lot is at least 10,000 square metres.

(5)  Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied that—

(a)  there are appropriate measures proposed to avoid, minimise or mitigate any likely adverse impacts of the development on the Yass River, and

(b)  if required, there are appropriate measures proposed to rehabilitate the riparian area of the Yass River, and

(c)  the development is not likely to increase water extraction from the Yass River.

cl 6.13: Ins 2020 (196), Sch 1. Am 2021 (342), cl 4.

Schedule 1 Additional permitted uses

(Clause 2.5)

1 Use of certain land at 27782 Hume Highway, Bowning

(1)  This clause applies to land at 27782 Hume Highway, Bowning, being part of Lots 16 and 18, DP 246891 and part of Lot 172, DP 649063, identified as “1” on the Additional Permitted Uses Map.

(2)  Development for the purpose of a highway service centre is permitted with development consent.

2 Use of certain land at the intersection of Barton Highway and Long Rail Gully Road, Murrumbateman

(1)  This clause applies to part of Lot 12, DP 1158637, at the intersection of Barton Highway and Long Rail Gully Road, Murrumbateman, identified as “2” on the Additional Permitted Uses Map.

(2)  Development for the purposes of highway service centres is permitted.

sch 1: Am 2019 (154), cl 4 (1); 2021 (569), cl 5.

Schedule 2 Exempt development

(Clause 3.1)

Note 1—

State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies exempt development under that Policy. The Policy has State-wide application. This Schedule contains additional exempt development not specified in that Policy.

Note 2—

Exempt development may be carried out without the need for development consent under the Act. Such development is not exempt from any approval, licence, permit or authority that is required under any other Act and adjoining owners’ property rights and the common law still apply.

(When this Plan was made this Schedule was blank)

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
Bellmount Forest, 24 Baines Road (Bellmount Forest Rural Fire Service shed)	Lot 10, DP 1034012
Bowning, Burley Griffin Way (water reservoir, south west of Goondah)	Lot 1, DP 849324
Bowning, 27834 Hume Highway (Binalong water pump station)	Lot 171, DP 649063
Bowning, 177 Lachlan Valley Way (water pump station)	Lot 1, DP 847609
Good Hope, 13 Euralie Road (Good Hope–Boambolo Rural Fire Service shed)	Lot 1, DP 1152508
Gundaroo, Hadlow Drive (vacant land)	Lot 1, DP 544857
Manton, 72 Old Gap Road (Manton Rural Fire Service shed)	Lot 320, DP 1102188
Murrumbateman, East Street (Murrumbateman bore pump)	Lot 1, DP 733604
Murrumbateman, Hercules Street (water tower)	Lot 1, DP 733606
Murrumbateman, Murrumbateman Road (vacant for bypass)	Lots 2 and 3, DP 819609
Murrumbateman, 1769 Murrumbateman Road (Back Creek Rural Fire Service shed)	Lot 12, DP 1047240
Murrumbateman, Pateman’s Lane and Gooda Creek Road	Lot 7, DP 873991
Sutton, 16 Victoria Street (SES Shed)	Lot 2, DP 1166855
Uriarra, 599 Mountain Creek Road (Fairlight Rural Fire Service shed)	Lot 2, DP 1066852
Wallaroo, Spring Range Road (quarry—gravel pit)	Lot 4, DP 606522
Wee Jasper, Wee Jasper Road (Wee Jasper Rural Fire Service shed)	Lot 1, DP 1152498
Yass, Adele Street (Former Hume tennis courts)	Lot G, DP 24503; Lot 1, DP 154508; Lot 1, DP 995339
Yass, Comur Street (Car park behind Australian Hotel)	Lot 8, DP 562963
Yass, 247A Comur Street (Yass Museum)	Lot 1, DP 515002
Yass, Cooks Hill Road (water treatment plant)	Lot 1, DP 180130; Lot 1, DP 1004268,
Yass, Coolalie Road (water backwash ponds)	Lot 1, DP 831015
Yass, Faulder Avenue (former sewage treatment plant)	Lots 3 and 4, DP 190914
Yass, Grampian Street (sewerage air valve)	Lot 1, DP 609303
Yass, Corner of Grampian and O’Brien Streets	Lot 1, DP 1087704
Yass, Hovell Street (land above raw water pump station and north of weir)	Lot 42, DP 913176; Lot 149, DP 913164
Yass, 58 Hume Park Road (Hume Park Tourist Resort)	Lot 205, DP 914584
Yass, Laidlaw Street (between veterinary surgery and laneway)	Lot 2, DP 866743
Yass, Laidlaw Street (west side of tram line)	Lot 1, DP 565061
Yass, Laidlaw Street (opposite Franklins)	Lot 12, DP 38410
Yass, Lead Street (Car park at Atherfield Medical Centre)	Lot 2, DP 503355
Yass, Lead Street (Part of Chinaman’s Creek, next to Atherfield car park)	Lot 11, DP 603281
Yass, Meehan Street (Car park next to Chinaman’s Creek/YECCA)	Lot 1, DP 738606; Lot 1, DP 160084
Yass, Meehan Street (Car park next to YECCA/Banjo Patterson Park)	Lot D, DP 159571
Yass, Meehan Street (Car park Behind Yass Soldier’s Club)	Lot 4, DP 557069
Yass, Meehan Street (Car park and laneway beside Banjo Paterson Park)	Lot 1, DP 207603
Yass, 76 Meehan Street (Salvation Army Building)	Lot 4, DP 1135415
Yass, Merriman Drive (O’Connell town water reservoir)	Lot 1, DP 775902
Yass, 54 Morton Avenue (Mort Lane water reservoir)	Lot 41, DP 746437
Yass, Perry Street (Quarry)	Lot 103, DP 1135241
Yass, Shantalla Crescent (Shantalla water reservoir)	Lot 1, DP 522243; Lot 271, DP 775903
Yass, Corner of Yass Valley Way and Reddall Street (closed road)	Lot 1, DP 861762
Yass, 1418 Yass Valley Way (works depot and store)	Lot 7, DP 607205
Yass, 1428 Yass Valley Way (former service station)	Lot 3, DP 582329

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
Bookham, Hume Hwy (1m wide at Bogolong)	Lots 4 and 5, DP 871925
Mullion, Mountain Creek Road (Mullion Recreation ground)	Lot 140, DP 751834; Lot 1, DP 1128665
Murrumbateman, Barton Highway (1m wide west side, south of Murrumbateman)	Lot 6, DP 1136665; Lot 79, DP 258762; Lot 27, DP 258364; Lot 7, DP 711433
Murrumbateman, Merryville Drive (0.5m wide near Governor Drive)	Lot 5, DP 1144964; Lot 19, DP 1148240; Lot 40, DP 1153140
Murrumbateman, Murrumbateman Road (0.5m wide between Elrington Close and Ambleside Avenue)	Lot 304, DP 836436
Murrumbateman, Woods Close (Reserves)	Lots 14 and 15, DP 832243
Yass, Amaroo Place (between Amaroo Place and hospital)	DP 22720
Yass, Banjo Patterson Park (Senior Citizens Hall)	Lot 2, DP 523871
Yass, Comur Street (Riverbank Park)	Lot 1, DP 730370; Lot 141, DP 1135895; Lot 2, DP 1008820; Lot 1, DP 1014028; Lot 12, DP 1135835; Lot 13, DP 1135835; Lot 12, DP 1147758; Lot 1, Section 43, DP 759136; Lot 2, Section 43, DP 759136
Yass, Crago Street (Miles Franklin Park—adjacent to Yass Town Station)	Lot 4, DP 827313
Yass, Links Road (east corner of Weemilah Street)	DP 22720
Yass, Links Road (west corner of Weemilah Street)	DP 22720
Yass, Rag Holmes Drive and River Avenue	Lot 44, DP 853134
Yass, Rossi Street (north side, part Chinamans Creek)	Lot 1, DP 1144781
Yass, Short St (Footpath to Yass Town Station)	Lot 2, DP 827313
Yass, Weemilah Street (Boree Log Park)	DP 22720
Yass, Yass Valley Way (1m wide south side, at Manton Park)	Lots 321 and 322, DP 1102188
Yass, Yass Valley Way (1m wide north side, at Manton Park)	Lot 35, DP 874587
Yass, Yass Valley Way (1m wide north side between Glover Drive and Stock Lane)	Lot 45, DP 853134
Yass, Yass Valley Way (1m wide north side intersection with Glover Drive)	Lot 46, DP 853134
Yass, Yass Valley Way (1m wide north side, at Manton Park)	Lot 21, DP 870874
Yass, Corner of Cooks Hill Road and Orion Street (vacant land formerly reserve for water supply)	Lot 29, DP 1163116

Schedule 5 Environmental heritage

(Clause 5.10)

Part 1 Heritage items

Suburb	Item name	Address	Property description	Significance	Item no
Bango	Blackburn—homestead, garden and outbuildings	1380 Cooks Hill Road	Part of Lot 2, DP 1166883	Local	I001
Binalong	Kuriong	71 Bendenine Road	Lot 2, DP 1226619	Local	I002
Binalong	Police paddock burials including Gilbert’s Grave	Corner of Bobbara Street and Burley Griffin Way	Lot 7306, DP 1140920 and road reserve	Local	I003
Binalong	Binalong Cemetery	Cemetery Road	Lot 1, DP 668229; Lot 7304, DP 1149691	Local	I004
Binalong	Binalong Primary School	10–12 Dickinson Street	Lots 15 and 16, Section 27, DP 758109; Lots 17 and 18, DP 184224; Lots 1–4, DP 195135	Local	I005
Binalong	Shop (former bakery)	13 Fitzroy Street	Lot 1, DP 323702	Local	I006
Binalong	Brick house	18 Fitzroy Street	Lot 9, Section 60, DP 758109	Local	I007
Binalong	White Rose Cafe	22–24 Fitzroy Street	Lot 7, Section 60, DP 758109	Local	I008
Binalong	General store (1909) and former produce store	28 Fitzroy Street	Lot 6, Section 60, DP 758109	Local	I009
Binalong	Bank of NSW (former)	30–32 Fitzroy Street	Lot 1, DP 586111	Local	I010
Binalong	Weatherboard cottage	31 Fitzroy Street	Lot 2, DP 323702	Local	I011
Binalong	Hotel Binalong	34 Fitzroy Street	Lot 3, DP 154374	Local	I012
Binalong	Old Paterson’s Pub (former Commercial Hotel)	36 Fitzroy Street	Lot 4, DP 154374	Local	I013
Binalong	Post Office and postmaster’s residence	37 Fitzroy Street	Lot 1, DP 218009	Local	I014
Binalong	1876–1883 railway station and rail yard	38 Fitzroy Street	Lot 1, DP 998805	Local	I015
Binalong	Cottage	39 Fitzroy Street	Lot 2, DP 809418	Local	I016
Binalong	Cottage	41 Fitzroy Street	Lot 41, DP 1123219	Local	I017
Binalong	Eubindal	1154 Hughstonia Road	Lot 127, DP 753613	Local	I018
Binalong	Catholic presbytery (former)	23–25 Manning Street	Lot 2, DP 1018849	Local	I019
Binalong	St Patrick’s Catholic Church	27 Manning Street	Lot 3, DP 1018849	Local	I020
Binalong	Catholic Convent School (former)	29 Manning Street	Lot 4, DP 1018849	Local	I021
Binalong	Catholic Convent of our Lady Immaculate (former)	33 Manning Street	Lot 3, DP 535022	Local	I022
Binalong	The Elms	23 Monteagle Street	Lots 7–10, Section 26, DP 758109	Local	I023
Binalong	Royal Hotel (former)	11 Queen Street	Lot 2, DP 803216	Local	I024
Binalong	St Thomas Church of England Rectory (former)	32 Queen Street	Lot 15, Section 31, DP 758109	Local	I025
Binalong	Police Station (former courthouse) and residence	47 Queen Street	Lot 1, Section 30, DP 758109	Local	I026
Binalong	Golden Fleece Inn (former)	49 Queen Street	Lot 4, Section 27, DP 758109	Local	I027
Binalong	St Thomas Anglican Church	20 Stephens Street	Lot 1, DP 538441	Local	I028
Binalong	Black Swan Restaurant (former hotel)	25 Stephens Street	Lot 12, Section 25, DP 758109	Local	I029
Binalong	1915 railway station, bridge and rail yard	End of Wellington Street		Local	I030
Binalong	Brick house	4 Wellington Street	Lot 2, DP 586111	Local	I031
Binalong	Brick cottage	12 Wellington Street	Lot 1, DP 809418	Local	I032
Binalong	Mechanic’s Institute	15 Wellington Street	Lot 3, Section 41, DP 758109	Local	I033
Boambolo	Bloomfield—homestead	159 Bloomfield Road	Part of Lot 1, DP 1170970	Local	I034
Boambolo	Taemas Bridge over Murrumbidgee River	Wee Jasper Road		Local	I036
Boambolo	Warroo Creek Stone Bridge	Wee Jasper Road over Warroo Creek		Local	I035
Bookham	Bookham Public Cemetery	Childowla Road	Lot 1, DP 668456; Lot 1, DP 668455; Lot 7008, DP 1025933	Local	I037
Bookham	Bookham station and cemetery	166 Childowla Road	Lot 2, DP 1129028	Local	I038
Bookham	Bookham Recreation Ground	Conroy Street	Lots 261–264, DP 753595; Lot 320, DP 753595; Lot 7300, DP 114962	Local	I039
Bookham	Bookham Uniting Church	Drummond Street	Lot 5, Section 5, DP 758133	Local	I040
Bookham	Bogolong—homestead and woolshed (former Bogolong Inn)	2 Fagan Drive	Lot 101, DP 876302; Lot 2, DP 871925; Lot 309, DP 753595	Local	I041
Bookham	Bookham Soldiers’ Memorial Hall	16 Fagan Drive	Lots 4 and 5, Section 10, DP 758133	Local	I042
Bookham	St Columba’s Catholic Church (former)	20 Fagan Drive	Lot 2, Section 10, DP 758133	Local	I043
Bookham	Bookham Inn (former)	48 Fagan Drive	Lot 3, Section 6, DP 758133	Local	I044
Bowning	Bendenine—homestead	1250 Bendenine Road	Lot 91, DP 753613	Local	I045
Bowning	Bowning Catholic Church	86 Bowning Road	Lot 1, Section 27, DP 758149	Local	I046
Bowning	St James Anglican Church	100 Bowning Road	Lot 16, Section 14, DP 758149	Local	I047
Bowning	Central Garage	115 Bowning Road	Lot 2, DP 703661	Local	I048
Bowning	Cobb & Co Inn (former)	142 Bowning Road	Lot 1, DP 1036140	Local	I049
Bowning	Bowning Public School	147 Bowning Road	Lots 1–6, Section 16, DP 758149; Lots 17–22, DP 758149	Local	I050
Bowning	Commercial Hotel (former)	2 Leake Street	Lot 1, DP 102874	Local	I051
Bowning	Bowning Stores	4 Leake Street	Lot 1, DP 660748	Local	I052
Bowning	Mayfield Cottage	6 Leake Street	Lot 11, DP 222716	Local	I053
Bowning	Post and telegraph office (former)	11 Leake Street	Lot 15, Section 6, DP 758149	Local	I054
Bowning	Melrose (former police station)	13 Leake Street	Lot 3, DP 781869	Local	I055
Bowning	Advance Hall	3 Short Street	Lot 9, Section 7, DP 758149; Lot B, Section 7, DP 758149	Local	I056
Bowning	Bowning Railway Station and bridge	2 Wales Close		State	I057
Burrinjuck	Burrinjuck Dam	Burrinjuck Road		State	I058
Gundaroo	Bark shed	705 Back Creek Road	Lot A, DP 376889	Local	I060
Gundaroo	Glenfield woolshed	725 Back Creek Road	Lot B, DP 376889	Local	I059
Gundaroo	Slab building	168 Brooks Creek Road	Lot 14, DP 754906	Local	I061
Gundaroo	War Memorial	South-east corner of Cork and Harp Streets	Lot 32, DP 1103269	Local	I062
Gundaroo	Clemenger Memorial	North-east corner of Cork and Harp Streets	Lot 5, DP 852862	Local	I063
Gundaroo	Gundaroo Uniting Church	11 Cork Street	Lots 11 and 12, Section 31, DP 758488	Local	I064
Gundaroo	Commercial Hotel (former)	23 Cork Street	Lots 18 and 19, Section 27, DP 758488	Local	I065
Gundaroo	Police station, stable and lock up (former)	24 Cork Street	Lot 30, DP 1076690	Local	I066
Gundaroo	St Mark’s Anglican Church (former courthouse)	26 Cork Street	Lot 31, DP 1076690	Local	I067
Gundaroo	Gundaroo Literary Institute	27 Cork Street	Lot 16, Section 27, DP 758488	Local	I068
Gundaroo	Sally Paskins Store	28 Cork Street	Lot 4, Section 28, DP 758488	Local	I069
Gundaroo	Wonga Cottage	29 Cork Street	Lot 15, Section 23, DP 758488	Local	I070
Gundaroo	Gundaroo Store	30 Cork Street	Lot 5, Section 28, DP 758488	Local	I071
Gundaroo	Caledonia Store	32 Cork Street	Lot 6, Section 28, DP 758488	Local	I072
Gundaroo	Kilamaroy and garden	38–40 Cork Street	Lots 9 and 10, Section 28, DP 758488	Local	I073
Gundaroo	Royal Hotel and stables	42 Cork Street	Lot 1, DP 1094216	Local	I074
Gundaroo	Post office (former) slab building	43 Cork Street	Lot 1, DP 582138; Lot 17, Section 22, DP 758488	Local	I075
Gundaroo	Gundaroo Hall	52 Cork Street	Lot 6, Section 21, DP 758488	Local	I076
Gundaroo	Clemenger’s Cottage	54 Cork Street	Lot 7, DP 852862	Local	I077
Gundaroo	Camden Villa	80 Cork Street	Lots 16–18, Section 9, DP 758488	Local	I078
Gundaroo	Gundaroo Common and stockyard	114 Dairy Creek Road	Lot 7005, DP 96198; Lot 7301, DP 1141717	Local	I079
Gundaroo	Gundaroo Catholic Cemetery	Gundaroo Road	Lot 1, DP 91215	Local	I080
Gundaroo	St Joseph’s Catholic Church	10 Harp Street	Lot 1, Section 23, DP 758488	Local	I081
Gundaroo	Gundaroo General Cemetery	Lind Street	Lot 7003, DP 96200	Local	I082
Gundaroo	Gundaroo Public School and grounds	9 Lot Street	Lots 2 and 7–10, Section 31, DP 758488	Local	I083
Gundaroo	Brick cottage	23 Morning Street	Lot 1, DP 1174515	Local	I084
Gundaroo	Slab cottage and laundry	46 Morning Street	Lot 4, Section 22, DP 758488	Local	I085
Gundaroo	Brick cottage	54 Morning Street	Lot 8, Section 22, DP 758488	Local	I086
Gundaroo	Brick cottage	56 Morning Street	Lot 9, Section 22, DP 758488	Local	I087
Gundaroo	St Luke’s Church and cemetery (former)	1045 Shingle Hill Way	Lot 1, DP 195216	Local	I088
Gundaroo	Bywong—homestead, outbuildings and landscape	2950 Sutton Road	Lot 1, DP 135794	Local	I089
Gundaroo	Tillygrieg	3432 Sutton Road	Lot 1, DP 58158	Local	I090
Gundaroo	Bairnsdale Grave and trees	3795 Sutton Road	Lot 7, DP 1056285	Local	I091
Gundaroo	Owen Elliot’s cottage and stone ruin	190 Wurungul Lane	Lot 11, DP 1108863	Local	I092
Kangiara	Kangiara Store (former)	8 Charles Street	Lot 9, Section 1, DP 758552	Local	I293
Kangiara	Tangmangaroo Church and cemetery	1899 Lachlan Valley Way	Lot 1, DP 911531	Local	I093
Kangiara	The Pines—cottage and remnant orchard and packing shed	377 Tangmangaroo Road	Lot 1, DP 83173	Local	I094
Jeir	Jeir Woolshed and shearer’s quarters	2441 Barton Highway	Lot 1, DP 1 004506	Local	I095
Jeir	Jeir Station—homestead, gravesite and archaeological remains	2443 Barton Highway	Lot 1, DP 1117927	Local	I096
Jeir	Yeumburra	101 Yeumburra Road	Lot 84, DP 754885	Local	I097
Murrumbateman	Memorial trees	Road Reserve, Barton Highway		Local	I099
Murrumbateman	Hillview—homestead and garden	3482 Barton Highway	Lot 5, DP 1220039	Local	I100
Murrumbateman	Woodside—slab cottage	3489 Barton Highway	Lot 2, DP 878859	Local	I101
Murrumbateman	Toual School building (former)	19 Butts Road	Lot 1, DP 825030	Local	I103
Murrumbateman	Vale View—homestead, woolshed and building/ landscape elements	Dog Trap Road	Part of Lot 74, DP 754869; Part of Lot 12, DP 1125715	Local	I104
Murrumbateman	Komoora—homestead, garden and outbuildings	1074 Dog Trap Road	Lot 1, DP 627018	Local	I105
Murrumbateman	Merryville—homestead, garden and outbuildings	1143 Dog Trap Road	Lot 2, DP 832497	Local	I106
Murrumbateman	Ravensworth—homestead, woolshed group and entrance trees	1458 Dog Trap Road	Lots 44 and 49, DP 754900; Lot 1, DP 1115541	Local	I107
Murrumbateman	Pise Cottage (former Gruber’s cottage)	14 East Street	Lots 18 and 19, Section 8, DP 758736	Local	I108
Murrumbateman	Murrumbateman Inn and post office (former)	18 East Street	Lots 20 and 21, Section 8, DP 758736	Local	I109
Murrumbateman	Scots Uniting Church	30 East Street	Lot 1, DP 881769	Local	I110
Murrumbateman	Murrumbateman School and schoolhouse (former)	32 East Street	Lot 55, DP 754900	Local	I111
Murrumbateman	Davis Family Cemetery (Gounyan)	172 Gounyan Road	Lot 482, DP 1173489	Local	I112
Murrumbateman	All Saints Soldiers Memorial Church	8 Hercules Street	Lot 6, Section 5, DP 758736	Local	I113
Murrumbateman	Winstonwood Church	107 Keirs Road	Lot 1, DP 112916	Local	I114
Murrumbateman	Kirkdale Shearing Shed	150 Keirs Road	Lot 1, DP 1033480	Local	I115
Murrumbateman	Murrumbateman Cemetery	McIntosh Circuit	Lot 2, DP 733606	Local	I116
Murrumbateman	Yass Temperance Hall (former)	9 Rose Street	Lot 5, Section 8, DP 758736	Local	I117
Nanima	Glengyle slab dwelling	227 Glengyle Road	Lot 100, DP 754911	Local	I118
Nanima	Nanima—homestead, outbuildings and pit	951 Murrumbateman Road	Lot 1, DP 1167836	Local	I119
Narrangullen	Rees Jones Monument	South Side Murrumbidgee River	Lot W, DP 109177	Local	I120
Sutton	Weatherboard cottage and slab shed	1 Camp Street	Lot 1, DP 732395	Local	I121
Sutton	St Peter’s Anglican Church	33 Camp Street	Lot 4, Section 9, DP 758937	Local	I122
Sutton	Sutton Public School, residence and grounds	Victoria Street	Lots 1 and 4, Section 23, DP 758937; Lots 1–3, 6 and 8–10, Section 24, DP 758937; Lots 401–403, DP 821063	Local	I123
Sutton	Sutton Hall	11 West Street	Lot 1, Section 26, DP 758937	Local	I350
Wallaroo	Wattle Park Uniting Church	1296 Barton Highway	Lot 231, DP 754880	Local	I124
Wallaroo	Parkwood homestead and chapel	302 Parkwood Road	Lot 1, DP 602262	Local	I125
Wallaroo	Allwood—slab house	633 Wallaroo Road	Lot 11, DP 239309	Local	I126
Wee Jasper	Carey’s Cave	598 Caves Road	Lot 1, DP 582035; Lot 1, DP 585845; Lot 9, DP 575513	Local	I127
Wee Jasper	Coodravale	140 Coodravale Road	Lot 1, DP 801433	Local	I128
Wee Jasper	Bag Range Hut	Doctor’s Flat Road		Local	I129
Wee Jasper	Bridge over Goodradigbee River	Wee Jasper Road		State	I130
Wee Jasper	Wee Jasper School	6443 Wee Jasper Road	Lot 91, DP 751002	Local	I133
Wee Jasper	Wee Jasper police cottage (former)	6461 Wee Jasper Road	Lot 102, DP 820516	Local	I132
Wee Jasper	Police barracks and stables (former)	6499 Wee Jasper Road	Lot 92, DP 751002	Local	I131
Yass	Pair of semi-detached cottages	4–6 Adele Street	Lot 1, DP 198922	Local	I134
Yass	Milltown—house	9 Adele Street	Lot 1, DP 578596	Local	I135
Yass	Montrose—house	10 Church Street	Lot 5, Section 3, DP 759136; Lot 4, DP 659079	Local	I136
Yass	St Clement’s Anglican rectory	17 Church Street	Lot C, DP 160394	Local	I137
Yass	St Clement’s Anglican Church and cemetery	18–20 Church Street	Lots 9 and 10, DP 1129405; Lot 8, Section 15, DP 759136	Local	I138
Yass	Attached cottages	36–40 Church Street	Lot B, DP 356097	Local	I139
Yass	Pair of semi-detached cottages	46–48 Church Street	Lot A, DP 87901	Local	I140
Yass	Martha Weatherby’s cottage	50 Church Street	Lot B, DP 153856	Local	I141
Yass	Brick house	58 Church Street	Lot A, DP 157557	Local	I142
Yass	Brick house	64 Church Street	Lot B, DP 156160	Local	I143
Yass	Brick house	65 Church Street	Lot 65, DP 1100746	Local	I144
Yass	Weatherboard cottage	66 Church Street	Lot B, DP 156436	Local	I145
Yass	Weatherboard cottage	68 Church Street	Lot 16, DP 526795	Local	I146
Yass	Weetalabah—house	92–96 Church Street	Lot 3, DP 32552; Lot 3, DP 577204	Local	I147
Yass	St Andrew’s Uniting Church	2 Cliff Street	Lot 1, DP 795166	Local	I148
Yass	Brick house and garden	9 Cliff Street	Lot A, DP 329652	Local	I149
Yass	Brick house	11 Cliff Street	Lot 8, DP 510886; Lot 1, DP 662254	Local	I150
Yass	Brick house and garden	31 Cliff Street	Lot 101, DP 1029532	Local	I151
Yass	Aberlour and stables	50 Cobham Street and 20 Victoria Street	Lot 1, DP 782406; Lots 1 and 2, DP 195328	Local	I152
Yass	Bank and post office (former)	15 Comur Street	Lot 2, DP 730370	Local	I153
Yass	Rose Inn	21 Comur Street	Lot 1, DP 1008820	Local	I154
Yass	Yass Courthouse, Police Station and grounds	31 Comur Street	Lot 7300, DP 1141565	Local	I155
Yass	General store (former)	33 Comur Street	Lots 1 and 2, SP 30663; Lot 1, DP 63453	Local	I156
Yass	Shops (former Oriental Bank, later Williamson Building)	41–45 Comur Street	Lot 1, DP 733760	Local	I157
Yass	Commercial building	52–56 Comur Street	Lot A, DP 398044; Lot 1, DP 312395	Local	I158
Yass	Commercial building	60 Comur Street	Lot 1, DP 846376	Local	I159
Yass	Oddfellows’ Hall	71 Comur Street	Lot 89, DP 1041203	Local	I160
Yass	Herfort building	75–79 Comur Street	Lots 1 and 2, DP 627115	Local	I161
Yass	Allambee Club	76 Comur Street	Lot 1, DP 796754	Local	I162
Yass	Commercial building	78 Comur Street	Lot 101, DP 1011608	Local	I163
Yass	R. Caspers’ building	81–85 Comur Street	Lot 1, DP 1044433	Local	I164
Yass	Soldiers’ Memorial Hall	88 Comur Street	Lot 103, DP 1038127	Local	I165
Yass	Cafe and residence	89 Comur Street	Lot 1, DP 779467	Local	I166
Yass	Commercial building	93 Comur Street	Lot 1, DP 998069	Local	I167
Yass	Yass Post Office and hitching posts	95 Comur Street	Lot 21, Section 17, DP 759136	State	I168
Yass	Commercial building	104 Comur Street	Lot 1, DP 770551	Local	I169
Yass	National Australia Bank, residence, stables and hitching posts	107 Comur Street	Lot B, DP 152974	Local	I170
Yass	Commercial building	108–110 Comur Street	Lot 1, DP 199471; Lot B, DP 160017	Local	I171
Yass	Royal Hotel	111 Comur Street	Lot 1, DP 1183325	Local	I172
Yass	Commercial building	112 Comur Street	Lots 1 and 2, DP 342917	Local	I173
Yass	Commercial building	119–123 Comur Street	Lot 2, DP 744977; Lot 3, DP 770043	Local	I174
Yass	Commercial building	124 Comur Street	Lot B, DP 380140	Local	I175
Yass	Commercial building	126–128 Comur Street	Lots 1 and 2, DP 152069	Local	I176
Yass	Triggs’ office (former)	127–133 Comur Street	Lots 2 and 3, DP 326729	Local	I177
Yass	Coens’ Department Store (former)	140 Comur Street	Lot 6, DP 559028	Local	I178
Yass	Westpac Bank and hitching posts	141 Comur Street	Lot 1, DP 224341	Local	I179
Yass	State Bank (former)	147 Comur Street	Lot 1, DP 536292	Local	I180
Yass	Australian Hotel	150 Comur Street	Lot 1, DP 1135969	Local	I181
Yass	Mechanics’ Institute (former)	153 Comur Street	Lot 2, DP 1014213	Local	I182
Yass	Commonwealth Bank (former)	155 Comur Street	Lot 1, DP 1058157; Lot 1, DP 211251	Local	I183
Yass	Commercial building	164 Comur Street	Lot 2, DP 533329	Local	I184
Yass	Liberty Cafe	171 Comur Street	Lots A and B, DP 37795	Local	I186
Yass	Liberty Theatre	173 Comur Street	Lots C and D, DP 37795	Local	I187
Yass	Club House Hotel	190 Comur Street	Lot 1, DP 596931	Local	I188
Yass	Pair of semi-detached cottages	237–239 Comur Street	Lot 1, DP 797648	Local	I190
Yass	Drinking fountain, Coronation Park	259 Comur Street	Lot 1, DP 793477	Local	I191
Yass	The Australian Arms (former)	262 Comur Street	Lot 1, DP 231388	Local	I192
Yass	Ashby	118 Coolalie Road	Lot 2, DP 1119456	Local	I193
Yass	Yass Town Railway Station and yard group	Crago Street (Yass Town Tramway)	Lat: -34.8444549879 Long: 148.9111471950	State	I194
Yass	Crago’s Mill (former)	209 Crago Street	Lot 3, DP 1152503	Local	I189
Yass	Devonia	7 DeMestre Street	Lot 1, DP 553256	Local	I195
Yass	Boree—log cottage	29 DeMestre Street	Lot H, DP 391047	Local	I196
Yass	Weatherboard cottage	32 DeMestre Street	Lot 3, DP 502945	Local	I197
Yass	Yass Town railway bridge over Yass River	Dutton Street (Yass Town Tramway)		State	I198
Yass	Yass tramline	Dutton Street		Local	I199
Yass	Brick cottage	2 Dutton Street	Lot A, DP 391296	Local	I200
Yass	Squatters Home Inn (stone outbuildings)	9–11 Dutton Street	Lot 11, Section 19, DP 759136; Lot 10, DP 1107012	Local	I201
Yass	Cottage	15 Dutton Street	Lot 1, DP 62739	Local	I202
Yass	Brick cottage	18 Dutton Street	Lot 1, DP 63154	Local	I203
Yass	Mt Carmel School, presbytery, chapel, St Augustine’s Hall, Convent of Mercy, Mt Carmel School	24 Dutton Street and 97–111 Meehan Street	Lot 50, DP 1164430	Local	I204
Yass	Crona	25 Dutton Street	Lot 6, DP 1103537	Local	I205
Yass	Station master’s house (former)	30 Dutton Street	Lot 1, DP 164438	Local	I206
Yass	Brick cottage	35 Dutton Street	Lot A, DP 160011	Local	I207
Yass	Fairy Hole Inn	59 Fairy Hole Road	Lot 2, DP 1015583	Local	I208
Yass	Yass Junction Railway Station	175 Faulder Avenue		State	I209
Yass	Fifield and garden	10 Fifield Lane	Lot 12, DP 577336	Local	I210
Yass	Stone cottage	23 Ford Street	Lot 101, DP 1071986	Local	I211
Yass	Weatherboard cottage	30 Ford Street	Lot 3B, DP 163011	Local	I212
Yass	Cottage	45 Ford Street	Lot 19, DP 712340	Local	I213
Yass	Taralula	57 Ford Street	Lot 51, DP 817631	Local	I214
Yass	House	6 Glebe Street	Lot 5, Section 25, DP 759136	Local	I215
Yass	Rose Cottage	16 Glebe Street	Lot 33, DP 878618	Local	I216
Yass	Linton and garden	22 Glebe Street	Lot 34, DP 878618	Local	I217
Yass	Albury Villa	50 Glebe Street	Lot 113, DP 814648	Local	I218
Yass	Douro	5 Glover Drive	Lot 21, DP 838331	Local	I219
Yass	Kerrowgair	24 Grampian Street	Lot 3, DP 539789	Local	I220
Yass	The Elms	30 Grampian Street	Lot 7, DP 759136	Local	I221
Yass	Rathluba	32 Grampian Street	Lot 1, DP 1065462	Local	I222
Yass	Brick house	36 Grampian Street	Lots 11, DP 759136	Local	I223
Yass	Brick house	40 Grampian Street	Lot 1, DP 860928	Local	I224
Yass	Yass Showground group	16 Grand Junction Road	Lot X, DP 162119; Lot 1, DP 855512; Lots 1–3, DP 1100033	Local	I225
Yass	Catholic pioneer cemetery with grave of Thomas Laidlaw	Hanley Place	Lot 1, DP 702749	Local	I226
Yass	Slab cottage	15 Hume Street	Lot 2, DP 814683	Local	I227
Yass	Brick and rubble stone cottage	51 Hume Street	Lot A, DP 38654	Local	I228
Yass	Yass Cemetery (includes Hamilton Hume’s grave)	26–30 Irvine Drive	Lots 7001 and 7002, DP 94642; Lot 7301, DP 1164098; Lots 7301 and 7302, DP 1166690; Lots 1 and 2, DP 904024; Lot 1, DP 34919; Lot 1, DP 795153; Lot 1171, DP 1135867	Local	I229
Yass	Cliftonwood—homestead and landscape	41 Irvine Drive	Lot 103, DP 754923; Lot 2, DP 998791	Local	I230
Yass	Trigg memorial gateway and memorial obelisk, Victoria Park	Laidlaw Street	Part Lot 1, DP 1134940	Local	I231
Yass	Yass Public School and grounds	12–16 Laidlaw Street	Lot 11, DP 880871	Local	I232
Yass	Rosebank	31 Laidlaw Street	Lot 4, DP 526119	Local	I233
Yass	Brick house	52 Lead Street	Lot 1, DP 742366	Local	I235
Yass	Brick house	54 Lead Street	Lots 1 and 2, DP 1005796	Local	I236
Yass	Hawthorn	56 Lead Street	Lot 1, DP 742104	Local	I237
Yass	Brick cottage	62 Lead Street	Lot 1, DP 997002	Local	I238
Yass	Cottage	54 Meehan Street	Lot 1, DP 713278	Local	I239
Yass	Brick cottage	2/65 Meehan Street	Lot 2, DP 1043236	Local	I240
Yass	Rose cottage and kitchen building	73 Meehan Street	Lots 5 and 6, DP 38637	Local	I241
Yass	Yass Fire Station	90 Meehan Street	Lot B, DP 328794	Local	I242
Yass	The Cabin	116 Meehan Street	Lot 4, DP 158261	Local	I243
Yass	Stonehaven	2D Merriman Drive	Lot 4, DP 1064097	Local	I244
Yass	Fermanagh	47 Morton Avenue	Lot 5, DP 285983	Local	I245
Yass	Brick cottage	2 Mount Street	Lot A, DP 161483	Local	I246
Yass	Brick cottage	6B Mount Street	Lot 2, DP 1038694	Local	I247
Yass	Holly Lynne cottage	25 Mount Street	Lot 2, DP 561673	Local	I248
Yass	Corona	28 Mount Street	Lot 1, DP 195693	Local	I249
Yass	Brick cottage	76 O’Brien Street	Lot 4, DP 759136	Local	I250
Yass	Brick cottage	78 O’Brien Street	Lot 5, DP 759136	Local	I251
Yass	Benochy	46 Orion Street	Lot 1, DP 1085539	Local	I252
Yass	Ronola	48 Orion Street	Lot C, DP 156229	Local	I253
Yass	Brick cottage	42 Polding Street	Lot 1, DP 998817	Local	I256
Yass	Brick and stone cottage	12 Pollux Street	Lot 12, DP 789251	Local	I257
Yass	Brick house	14 Pritchett Street	Lots 1 and 2, DP 744174	Local	I258
Yass	Iona	16 Pritchett Street	Lots 1 and 2, DP 137532	Local	I259
Yass	Darcyville	18 Pritchett Street	Lots 1 and 2, DP 797966	Local	I260
Yass	Chinaman’s Creek culvert	Rossi Street		Local	I261
Yass	Cobblestone drain	67–95 Rossi Street		Local	I234
Yass	Chief Constables’ residence and grounds	5 Rossi Street	Lot 6, Section 4, DP 759136	Local	I262
Yass	Police Sergeant’s residence and stables	9 Rossi Street	Lot 19, DP 821795	Local	I263
Yass	Ronnoco	60–66 Rossi Street	Lot A, DP 154686	Local	I264
Yass	Goodradigbee Shire Council Chambers (1910) (former)	67 Rossi Street	Lot 8, DP 1132197	Local	I265
Yass	The Globe Hotel (former)	70 Rossi Street	Lot 11, DP 834408	Local	I266
Yass	Cottage (pre-1898)	76 Rossi Street	Lot Y, DP 395971	Local	I267
Yass	Cottage (pre-1898)	78 Rossi Street	Lot X, DP 395971	Local	I268
Yass	Cottage	80 Rossi Street	Lot L, DP 157503	Local	I269
Yass	Cottage (pre-1898)	82 Rossi Street	Lot N, DP 157504	Local	I270
Yass	Cottage	84 Rossi Street	Lot 1, DP 999592	Local	I271
Yass	Brick cottage	92 Rossi Street	Lot 1, DP 1016846	Local	I272
Yass	Masonic Hall	94 Rossi Street	Lot 1, DP 65890	Local	I273
Yass	The Manse	99 Rossi Street	Lot 401, DP 879656	Local	I274
Yass	Weatherboard cottage	102 Rossi Street	Lot E, DP 156044	Local	I275
Yass	Methodist church (former)	110A Rossi Street	Lot 1, DP 718363	Local	I276
Yass	The Parsonage	118–120 Rossi Street	Lot 3, DP 210214; Lot 1, DP 710000	Local	I277
Yass	Shantalla	122 Rossi Street	Lot 12, DP 748261	Local	I278
Yass	Brick cottage	77 Shaw Street	Lot 3, DP 38601	Local	I279
Yass	Yass railway weir	Yass River, Warrambalulah Street		Local	I280
Yass River	St Mary’s Church	523 Yass River Road	Lot 451, DP 1140158	Local	I284
Yass River	Mundoonen Methodist church and cemetery	1316 Yass River Road	Lot 1, DP 131409	Local	I285
Yass	Margolly	654 Yass Valley Way	Lot 1, DP 537400	Local	I281
Yass	Hardwicke	656 Yass Valley Way	Lot 52, DP 1086362	Local	I282
Yass	Cooma Cottage	756 Yass Valley Way	Lot 32, DP 754884	State	I283

Part 2 Heritage conservation areas

Suburb	Identification on Heritage Map	Significance
Binalong	Shown by red hatching and marked “C1”	Local
Bowning	Shown by red hatching and marked “C2”	Local
Gundaroo	Shown by red hatching and marked “C3”	Local
Yass	Shown by red hatching and marked “C4”	Local

Part 3 Aboriginal places of heritage significance

Suburb	Item name	Address	Property description	Significance	Item no
Wee Jasper	Narrangullen stone arrangement	Wee Jasper		Local	A286
Yass	Oak Hill (former Aboriginal Reserve)	Cooks Hill Road	Lot 7006, DP 1024017; Lot 7010, DP 1026236	Local	A287
Yass	Town Camp (former)	Yass River		Local	A288
Yass River	Edgerton Aboriginal Reserve, homestead, school and outbuildings (former)	Yass River Road		Local	A289

Part 4 Archaeological sites

Suburb	Item name	Address	Property description	Significance	Item no
Binalong	Illalong Quarry	Burley Griffin Way	Lot 51, DP 870124	Local	A290
Bookham	Bogolong iron smelter blast furnace	Illalong Road	Lot 2, DP 455031	Local	A291
Bowning	Goondah railway precinct	114 Goondah Road	Part of Lot 3, DP 1214021	Local	A292
Murrumbateman	Hawthorn (outbuildings formerly part of Murrumbateman Station)	3685 Barton Highway	Lot 6, DP 1046081	Local	A102
Nanima	Nanima Creek goldmining complex	West Bank of Nanima Creek, Keirs Road	Part Lot 8, DP 754900	Local	A294
Narrangullen	Shearsby’s Wallpaper	Old Taemas Road	Part Lot Y, DP 32727	Local	A295
Wee Jasper	Old Taemas Bridge ruin	Murrumbidgee River, Old Taemas Road		Local	A296
Yass	Coolalie limestone kilns and quarry	Bango Lane	Lot 22, DP 754099	Local	A297
Yass	Coolalie settlement site (former)	Coolalie Siding Road (intersection of Great Southern Railway and Coolalie Siding Road)	Lot 1, DP 210162; Lot 171, DP 754099; Lot 95, DP 754099	Local	A298
Yass	Derringullen Creek fossil area	Hume Highway		Local	A299
Yass	Kenilworth ruins and trees	261 Kirketon Road	Part Lot 40, DP 827881	Local	A300
Yass	Hatton’s Corner	Rossi Street	Lot 9, DP 740221; Lot 13, DP 250146; part of Yass River reserve	Local	A301
Yass	Harp of Erin Inn site	Wee Jasper Road	Lot 1, DP 376955	Local	A302
Yass	Ruins of Telegraph Inn	Yass Valley Way	Lot 56, DP 1110594	Local	A303

sch 5: Am 2019 (175), Sch 1 [1] [2].

Schedule 6 Pond-based and tank-based aquaculture

(Clause 5.19)

Part 1 Pond-based and tank-based aquaculture

Division 1 Site location requirements

1 Conservation exclusion zones

(1)  Must not be carried out on the following land, except to the extent necessary to gain access to water—

(a)  land declared an area of outstanding biodiversity value under the Biodiversity Conservation Act 2016,

(b)  vacant Crown land,

(c)  land within a wetland of international significance declared under the Ramsar Convention on Wetlands.

(2)  Must not be carried out on the following land, except for the purposes of minimal infrastructure to support the extraction of water from, and discharge of water to, the land concerned—

(a)  land declared as an aquatic reserve under the Marine Estate Management Act 2014,

(b)  land declared as a marine park under the Marine Estate Management Act 2014.

Note—

Nothing in this clause affects any requirement under an Act relating to land specified in this clause to obtain a licence or other authority under that Act for development of the land.

Division 2 Operational requirements

2 Species selection

Species of fish or marine vegetation cultivated or kept must be consistent with the relevant aquaculture industry development plan (within the meaning of clause 5.19).

3 Pond-based aquaculture that is also intensive aquaculture—pond design

For pond-based aquaculture that is also intensive aquaculture—ponds must be capable of being drained or pumped and then completely dried.

4 Pond-based aquaculture and tank-based aquaculture that is also intensive aquaculture—freshwater discharges

For pond-based aquaculture and tank-based aquaculture that is also intensive aquaculture—no discharge of freshwater used to intensively cultivate or keep fish to natural waterbodies or wetlands is permitted, except freshwater discharge from open flow through systems.

5 Outlets from culture ponds etc

All outlets from culture ponds, tanks and other culture facilities must be screened to avoid the escape of fish.

6 Definition

In this Division—

intensive aquaculture has the same meaning as it has in the Fisheries Management (Aquaculture) Regulation 2017.

Part 2 Extensive pond-based aquaculture

Division 1 Site location requirements

7 Conservation exclusion zones

(1)  Must not be carried out on the following land, except to the extent necessary to gain access to water—

(a)  land declared an area of outstanding biodiversity value under the Biodiversity Conservation Act 2016,

(b)  vacant Crown land,

(c)  land within a wetland of international significance declared under the Ramsar Convention on Wetlands.

Note—

Nothing in this clause affects any requirement under an Act relating to land specified in this clause to obtain a licence or other authority under that Act for development of the land.

8 Flood liability

Must be designed or constructed on land so that it will not be inundated by the discharge of a 1:100 ARI (average recurrent interval) flood event.

Division 2 Operational requirements

9 Species selection

Species of fish or marine vegetation cultivated or kept must be consistent with the relevant aquaculture industry development plan (within the meaning of clause 5.19).

10 Pond design

(1)  Must not require the construction of new ponds, water storages, dams or buildings.

(2)  Must not be located on permanent watercourses, creeks, billabongs or isolated outreaches of creeks or rivers.

(3)  Must be capable of preventing the escape of stock into natural waterbodies or wetlands.

11 Culture water

Must use freshwater.

Dictionary

(Clause 1.4)

Note—

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Plan.

Aboriginal object means any deposit, object or other material evidence (not being a handicraft made for sale) relating to the Aboriginal habitation of an area of New South Wales, being habitation before or concurrent with (or both) the occupation of that area by persons of non-Aboriginal extraction, and includes Aboriginal remains.

Aboriginal place of heritage significance means an area of land, the general location of which is identified in an Aboriginal heritage study adopted by the Council after public exhibition and that may be shown on the Heritage Map, that is—

(a)  the site of one or more Aboriginal objects or a place that has the physical remains of pre-European occupation by, or is of contemporary significance to, the Aboriginal people. It may (but need not) include items and remnants of the occupation of the land by Aboriginal people, such as burial places, engraving sites, rock art, midden deposits, scarred and sacred trees and sharpening grooves, or

(b)  a natural Aboriginal sacred site or other sacred feature. It includes natural features such as creeks or mountains of long-standing cultural significance, as well as initiation, ceremonial or story places or areas of more contemporary cultural significance.

Note—

The term may include (but is not limited to) places that are declared under section 84 of the National Parks and Wildlife Act 1974 to be Aboriginal places for the purposes of that Act.

acid sulfate soils means naturally occurring sediments and soils containing iron sulfides (principally pyrite) or their precursors or oxidation products, whose exposure to oxygen leads to the generation of sulfuric acid (for example, by drainage or excavation).

Acid Sulfate Soils Manual means the manual by that name published by the Acid Sulfate Soils Management Advisory Committee and made publicly available.

Additional Permitted Uses Map means the Yass Valley Local Environmental Plan 2013 Additional Permitted Uses Map.

advertisement has the same meaning as in the Act.

Note—

The term is defined as a sign, notice, device or representation in the nature of an advertisement visible from any public place or public reserve or from any navigable water.

advertising structure has the same meaning as in the Act.

Note—

The term is defined as a structure used or to be used principally for the display of an advertisement.

Advertising structures are a type of signage—see the definition of that term in this Dictionary.

affordable housing has the same meaning as in the Act.

Note—

The term is defined as housing for very low income households, low income households or moderate income households, being such households as are prescribed by the regulations or as are provided for in an environmental planning instrument.

agricultural produce industry means a building or place used for the handling, treating, processing or packing, for commercial purposes, of produce from agriculture (including dairy products, seeds, fruit, vegetables or other plant material), and includes wineries, flour mills, cotton seed oil plants, cotton gins, feed mills, cheese and butter factories, and juicing or canning plants, but does not include a livestock processing industry.

Note—

Agricultural produce industries are a type of rural industry—see the definition of that term in this Dictionary.

agriculture means any of the following—

(aaa)  agritourism,

(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.

agritourism means the following—

(a)  farm gate premises,

(b)  farm experience premises.

Note—

Agritourism is a type of agriculture—see the definition of that term in this Dictionary.

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)  the preparation and serving, on a retail basis, of food and drink to people for consumption on the premises, whether or not liquor, take away meals and drinks or entertainment are also provided,

(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.

Barton Highway Duplication Map means the Yass Valley Local Environmental Plan 2013 Barton Highway Duplication Map.

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, with access to communal amenities, used for the short term placement of campervans, tents, annexes or other similar portable and lightweight temporary shelters for accommodation and includes a primitive camping ground but does not include—

(a)  a caravan park, or

(b)  farm stay accommodation.

canal estate development—see clause 2.9.

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 an area of land, with access to communal amenities, used for the installation or placement of caravans, or caravans and other moveable dwellings, but does not include farm stay accommodation.

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 farm gate 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 farm means a farm on which agriculture is undertaken that is—

(a)  on land categorised as farmland under the Local Government Act 1993, section 515, or

(b)  a primary production business within the meaning of the Income Tax Assessment Act 1997 of the Commonwealth, or part of a primary production business, including a business that—

(i)  was a primary production business, and

(ii)  has temporarily ceased to be a primary production business because of a natural disaster, including a drought, flood or bush fire.

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 Yass Valley 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 experience premises means a building or place—

(a)  on a commercial farm, and

(b)  ancillary to the farm, and

(c)  used to provide visitors to the farm, on a commercial basis, with small-scale and low-impact tourist or recreational activities, including the following, but not including motor sports—

(i)  horse riding,

(ii)  farm tours,

(iii)  functions or conferences,

(iv)  farm field days.

Note—

Farm experience premises are a type of agritourism—see the definition of that term in this Dictionary.

farm gate premises—

(a)  means a building or place—

(i)  on a commercial farm, and

(ii)  ancillary to the farm, and

(iii)  used to provide visitors to the farm, on a commercial basis, with agricultural products predominantly from the farm, supplemented by products from other farms in the region, or with services or activities related to the products, including the following—

(A)  processing, packaging and sale of the products, but not the processing of animals,

(B)  the preparation and serving, on a retail basis, of food and drink to people for consumption on the premises, whether or not liquor, take away meals and drinks or entertainment are also provided,

(C)  tastings or workshops,

(D)  the provision of information or education related to the products, and

(b)  includes cellar door premises.

Note—

Farm gate premises are a type of agritourism—see the definition of that term in this Dictionary.

farm stay accommodation means a building or place—

(a)  on a commercial farm, and

(b)  ancillary to the farm, and

(c)  used to provide temporary accommodation to paying guests of the farm, including in buildings or moveable dwellings.

Note—

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.

Floor Space Ratio Map means the Yass Valley Local Environmental Plan 2013 Floor Space Ratio Map.

food and drink premises means premises that are used for the preparation and retail sale of food or drink (or both) for immediate consumption on or off the premises, and includes any of the following—

(a)  a restaurant or cafe,

(b)  take away food and drink premises,

(c)  a pub,

(d)  a small bar.

Note—

Food and drink premises are a type of retail premises—see the definition of that term in this Dictionary.

forestry means forestry operations within the meaning of the Forestry Act 2012 or Part 5B of the Local Land Services Act 2013.

freight transport facility means a facility used principally for the bulk handling of goods for transport by road, rail, air or sea, including any facility for the loading and unloading of vehicles, aircraft, vessels or containers used to transport those goods and for the parking, holding, servicing or repair of those vehicles, aircraft or vessels or for the engines or carriages involved.

function centre means a building or place used for the holding of events, functions, conferences and the like, and includes convention centres, exhibition centres and reception centres, but does not include an entertainment facility.

funeral home means premises that are used to arrange, conduct and cater for funerals and memorial services, whether or not the premises include facilities for the short-term storage, dressing and viewing of bodies of deceased persons.

Note—

Funeral homes are a type of business premises—see the definition of that term in this Dictionary.

garden centre means a building or place the principal purpose of which is the retail sale of plants and landscaping and gardening supplies and equipment. It may include a restaurant or cafe and the sale of any of the following—

(a)  outdoor furniture and furnishings, barbecues, shading and awnings, pools, spas and associated supplies, and items associated with the construction and maintenance of outdoor areas,

(b)  pets and pet supplies,

(c)  fresh produce.

Note—

Garden centres are a type of retail premises—see the definition of that term in this Dictionary.

general industry means a building or place (other than a heavy industry or light industry) that is used to carry out an industrial activity.

Note—

General industries are a type of industry—see the definition of that term in this Dictionary.

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.

Groundwater Vulnerability Map means the Yass Valley Local Environmental Plan 2013 Groundwater Vulnerability Map.

group home means a permanent group home or a transitional group home.

Note—

Group homes are a type of residential accommodation—see the definition of that term in this Dictionary.

group home (permanent) or permanent group home means a dwelling—

(a)  that is occupied by persons as a single household with or without paid supervision or care and whether or not those persons are related or payment for board and lodging is required, and

(b)  that is used to provide permanent household accommodation for people with a disability or people who are socially disadvantaged,

but does not include development to which State Environmental Planning Policy (Housing) 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.

Height of Buildings Map means the Yass Valley Local Environmental Plan 2013 Height of Buildings Map.

helipad means a place not open to the public used for the taking off and landing of helicopters.

heliport means a place open to the public that is used for the taking off and landing of helicopters, whether or not it includes—

(a)  a terminal building, or

(b)  facilities for the parking, storage or repair of helicopters.

Note—

Heliports are a type of air transport facility—see the definition of that term in this Dictionary.

heritage conservation area means an area of land of heritage significance—

(a)  shown on the Heritage Map as a heritage conservation area, and

(b)  the location and nature of which is described in Schedule 5,

and includes any heritage items situated on or within that area.

heritage conservation management plan means a document prepared in accordance with guidelines prepared by the Public Service agency responsible to the Minister administering the Heritage Act 1977 that documents the heritage significance of an item, place or heritage conservation area and identifies conservation policies and management mechanisms that are appropriate to enable that significance to be retained.

heritage impact statement means a document consisting of—

(a)  a statement demonstrating the heritage significance of a heritage item or heritage conservation area, and

(b)  an assessment of the impact that proposed development will have on that significance, and

(c)  proposals for measures to minimise that impact.

heritage item means a building, work, place, relic, tree, object or archaeological site the location and nature of which is described in Schedule 5.

Note—

An inventory of heritage items is also available at the office of the Council.

heritage management document means—

(a)  a heritage conservation management plan, or

(b)  a heritage impact statement, or

(c)  any other document that provides guidelines for the ongoing management and conservation of a heritage item, Aboriginal object, Aboriginal place of heritage significance or heritage conservation area.

Heritage Map means the Yass Valley Local Environmental Plan 2013 Heritage Map.

heritage significance means historical, scientific, cultural, social, archaeological, architectural, natural or aesthetic value.

high technology industry means a building or place predominantly used to carry out an industrial activity that involves any of the following—

(a)  electronic or micro-electronic systems, goods or components,

(b)  information technology (such as computer software or hardware),

(c)  instrumentation or instruments of a scientific, industrial, technological, medical or similar nature,

(d)  biological, pharmaceutical, medical or paramedical systems, goods or components,

(e)  film, television or multi-media technologies, including any post production systems, goods or components,

(f)  telecommunications systems, goods or components,

(g)  sustainable energy technologies,

(h)  any other goods, systems or components intended for use in a science or technology related field,

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.

Land Application Map means the Yass Valley Local Environmental Plan 2013 Land Application Map.

Land Reservation Acquisition Map means the Yass Valley Local Environmental Plan 2013 Land Reservation Acquisition Map.

Land Zoning Map means the Yass Valley Local Environmental Plan 2013 Land Zoning Map.

landholding means an area of land—

(a)  constituted or worked as a single property, and

(b)  if comprising more than 1 lot—the lots are—

(i)  contiguous, or

(ii)  separated only by a road or watercourse.

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.

Lot Size Map means the Yass Valley Local Environmental Plan 2013 Lot Size Map.

maintenance, in relation to a heritage item, Aboriginal object or Aboriginal place of heritage significance, or a building, work, archaeological site, tree or place within a heritage conservation area, means ongoing protective care, but does not include the removal or disturbance of existing fabric, alterations (such as carrying out extensions or additions) or the introduction of new materials or technology.

manufactured home has the same meaning as in the Local Government Act 1993.

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.

Natural Resources Biodiversity Map means the Yass Valley Local Environmental Plan 2013 Natural Resources Biodiversity Map.

Natural Resources Land Map means the Yass Valley Local Environmental Plan 2013 Natural Resources Land Map.

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 the principal purpose for which the building or place is used, the sale of landscape and gardening supplies and equipment and the storage of these items.

Note—

Plant nurseries are a type of retail premises—see the definition of that term in this Dictionary.

pond-based aquaculture means aquaculture undertaken predominantly in ponds, raceways or dams (including any part of the aquaculture undertaken in tanks such as during the hatchery or depuration phases), but not including natural water-based aquaculture.

Note—

Pond-based aquaculture is a type of aquaculture—see the definition of that term in this Dictionary. Typical pond-based aquaculture is the pond culture of prawns, yabbies or silver perch.

port facilities means any of the following facilities at or in the vicinity of a designated port within the meaning of section 47 of the Ports and Maritime Administration Act 1995—

(a)  facilities for the embarkation or disembarkation of passengers onto or from any vessels, including public ferry wharves,

(b)  facilities for the loading or unloading of freight onto or from vessels and associated receival, land transport and storage facilities,

(c)  wharves for commercial fishing operations,

(d)  refuelling, launching, berthing, mooring, storage or maintenance facilities for any vessel,

(e)  sea walls or training walls,

(f)  administration buildings, communication, security and power supply facilities, roads, rail lines, pipelines, fencing, lighting or car parks.

potable water means water that meets the standards or values for drinking water recommended from time to time by the National Health and Medical Research Council.

poultry farm means land that is used to keep or breed poultry for animal production, whether for meat or egg production (or both) and whether an indoor, outdoor, free-range or other type of operation.

Note—

Poultry farms are a type of intensive livestock agriculture—see the definition of that term in this Dictionary.

primitive camping ground means a camping ground approved under the Local Government Act 1993, Chapter 7, Part 1 as a primitive camping ground.

Note—

Primitive camping ground is a type of camping ground—see the definition of that term in this Dictionary.

private open space means an area external to a building (including an area of land, terrace, balcony or deck) that is used for private outdoor purposes ancillary to the use of the building.

property vegetation plan mean a property vegetation plan approved under Part 4 of the Native Vegetation Act 2003 before the repeal of that Act (as continued in force by the regulations under the Biodiversity Conservation Act 2016).

pub means licensed premises under the Liquor Act 2007 the principal purpose of which is the retail sale of liquor for consumption on the premises, whether or not the premises include hotel or motel accommodation and whether or not food is sold or entertainment is provided on the premises.

Note—

Pubs are a type of food and drink premises—see the definition of that term in this Dictionary.

public administration building means a building used as offices or for administrative or other like purposes by the Crown, a statutory body, a council or an organisation established for public purposes, and includes a courthouse or a police station.

public authority has the same meaning as in the Act.

public land has the same meaning as in the Local Government Act 1993.

public reserve has the same meaning as in the Local Government Act 1993.

public utility undertaking means any of the following undertakings carried on or permitted to be carried on by or by authority of any Public Service agency or under the authority of or in pursuance of any Commonwealth or State Act—

(a)  railway, road transport, water transport, air transport, wharf or river undertakings,

(b)  undertakings for the supply of water, hydraulic power, electricity or gas or the provision of sewerage or drainage services,

and a reference to a person carrying on a public utility undertaking includes a reference to a council, electricity supply authority, Public Service agency, corporation, firm or authority carrying on the undertaking.

rainwater tank means a tank designed for the storage of rainwater gathered on the land on which the tank is situated.

recreation area means a place used for outdoor recreation that is normally open to the public, and includes—

(a)  a children’s playground, or

(b)  an area used for community sporting activities, or

(c)  a public park, reserve or garden or the like,

and any ancillary buildings, but does not include a recreation facility (indoor), recreation facility (major) or recreation facility (outdoor).

recreation facility (indoor) means a building or place used predominantly for indoor recreation, whether or not operated for the purposes of gain, including a squash court, indoor swimming pool, gymnasium, table tennis centre, health studio, bowling alley, ice rink or any other building or place of a like character used for indoor recreation, but does not include an entertainment facility, a recreation facility (major) or a registered club.

recreation facility (major) means a building or place used for large-scale sporting or recreation activities that are attended by large numbers of people whether regularly or periodically, and includes theme parks, sports stadiums, showgrounds, racecourses and motor racing tracks.

recreation facility (outdoor) means a building or place (other than a recreation area) used predominantly for outdoor recreation, whether or not operated for the purposes of gain, including a golf course, golf driving range, mini-golf centre, tennis court, paint-ball centre, lawn bowling green, outdoor swimming pool, equestrian centre, skate board ramp, go-kart track, rifle range, water-ski centre or any other building or place of a like character used for outdoor recreation (including any ancillary buildings), but does not include an entertainment facility or a recreation facility (major).

Reduced Level (RL) means height above the Australian Height Datum, being the datum surface approximating mean sea level that was adopted by the National Mapping Council of Australia in May 1971.

registered club means a club that holds a club licence under the Liquor Act 2007.

registered community housing provider has the same meaning as in the Community Housing Providers (Adoption of National Law) Act 2012, section 13.

relic has the same meaning as in the Heritage Act 1977.

Note—

The term is defined as follows—

relic means any deposit, artefact, object or material evidence that—

(a)  relates to the settlement of the area that comprises New South Wales, not being Aboriginal settlement, and

(b)  is of State or local heritage significance.

research station means a building or place operated by a public authority for the principal purpose of agricultural, environmental, fisheries, forestry, minerals or soil conservation research, and includes any associated facility for education, training, administration or accommodation.

residential accommodation means a building or place used predominantly as a place of residence, and includes any of the following—

(a)  attached dwellings,

(b)  boarding houses,

(baa)  co-living housing,

(c)  dual occupancies,

(d)  dwelling houses,

(e)  group homes,

(f)  hostels,

(faa)    (Repealed)

(g)  multi dwelling housing,

(h)  residential flat buildings,

(i)  rural workers’ dwellings,

(j)  secondary dwellings,

(k)  semi-detached dwellings,

(l)  seniors housing,

(m)  shop top housing,

but does not include tourist and visitor accommodation or caravan parks.

residential care facility means accommodation for seniors or people with a disability that includes—

(a)  meals and cleaning services, and

(b)  personal care or nursing care, or both, and

(c)  appropriate staffing, furniture, furnishings and equipment for the provision of that accommodation and care,

but does not include a dwelling, hostel, hospital or psychiatric facility.

Note—

Residential care facilities are a type of seniors housing—see the definition of that term in this Dictionary.

residential flat building means a building containing 3 or more dwellings, but does not include an attached dwelling, co-living housing or multi dwelling housing.

Note—

Residential flat buildings are a type of residential accommodation—see the definition of that term in this Dictionary.

resource recovery facility means a building or place used for the recovery of resources from waste, including works or activities such as separating and sorting, processing or treating the waste, composting, temporary storage, transfer or sale of recovered resources, energy generation from gases and water treatment, but not including re-manufacture or disposal of the material by landfill or incineration.

Note—

Resource recovery facilities are a type of waste or resource management facility—see the definition of that term in this Dictionary.

respite day care centre means a building or place that is used for the care of seniors or people who have a disability and that does not provide overnight accommodation for people other than those related to the owner or operator of the centre.

restaurant or cafe means a building or place the principal purpose of which is the preparation and serving, on a retail basis, of food and drink to people for consumption on the premises, whether or not liquor, take away meals and drinks or entertainment are also provided, but does not include the preparation and serving of food and drink to people that occurs as part of—

(a)  an artisan food and drink industry, or

(b)  farm gate premises.

Note—

Restaurants or cafes are a type of food and drink premises—see the definition of that term in this Dictionary.

restricted premises means premises that, due to their nature, restrict access to patrons or customers over 18 years of age, and includes sex shops and similar premises, but does not include a pub, hotel or motel accommodation, home occupation (sex services) or sex services premises.

restriction facilities means facilities where animals are constrained for management purposes, including milking sheds, pads, feed stalls, holding yards and paddocks where the number of livestock exceeds the ability of vegetation to recover from the effects of grazing in a normal growing season, but does not include facilities for drought or similar emergency relief.

retail premises means a building or place used for the purpose of selling items by retail, or hiring or displaying items for the purpose of selling them or hiring them out, whether the items are goods or materials (or whether also sold by wholesale), and includes any of the following—

(a), (b)    (Repealed)

(c)  food and drink premises,

(d)  garden centres,

(e)  hardware and building supplies,

(f)  kiosks,

(g)  landscaping material supplies,

(h)  markets,

(i)  plant nurseries,

(j)  roadside stalls,

(k)  rural supplies,

(l)  shops,

(la)  specialised retail premises,

(m)  timber yards,

(n)  vehicle sales or hire premises,

but does not include farm gate premises, highway service centres, service stations, industrial retail outlets or restricted premises.

Note—

Retail premises are a type of commercial premises—see the definition of that term in this Dictionary.

Riparian Lands and Watercourses Map means the Yass ValleyLocal Environmental Plan 2013 Riparian Lands and Watercourses Map.

road means a public road or a private road within the meaning of the Roads Act 1993, and includes a classified road.

roadside stall means a place or temporary structure used for the retail sale of agricultural produce or hand crafted goods (or both) produced from the property on which the stall is situated or from an adjacent property.

Note—

See clause 5.4 for controls relating to the gross floor area of roadside stalls.

Roadside stalls are a type of retail premises—see the definition of that term in this Dictionary.

rural industry means the handling, treating, production, processing, storage or packing of animal or plant agricultural products for commercial purposes, and includes any of the following—

(a)  agricultural produce industries,

(b)  livestock processing industries,

(c)  composting facilities and works (including the production of mushroom substrate),

(d)  sawmill or log processing works,

(e)  stock and sale yards,

(f)  the regular servicing or repairing of plant or equipment used for the purposes of a rural enterprise.

Note—

Rural industries are not a type of industry—see the definition of that term in this Dictionary.

rural supplies means a building or place used for the display, sale or hire of stockfeeds, grains, seed, fertilizers, veterinary supplies and other goods or materials used in farming and primary industry production.

Note—

Rural supplies are a type of retail premises—see the definition of that term in this Dictionary.

rural worker’s dwelling means a building or place that is additional to a dwelling house on the same lot and that is used predominantly as a place of residence by persons employed, whether on a long-term or short-term basis, for the purpose of agriculture or a rural industry on that land.

Note—

Rural workers’ dwellings are a type of residential accommodation—see the definition of that term in this Dictionary.

sawmill or log processing works means a building or place used for handling, cutting, chipping, pulping or otherwise processing logs, baulks, branches or stumps, principally derived from surrounding districts, into timber or other products derived from wood.

Note—

Sawmill or log processing works are a type of rural industry—see the definition of that term in this Dictionary.

school means a government school or non-government school within the meaning of the Education Act 1990.

Note—

Schools are a type of educational establishment—see the definition of that term in this Dictionary.

school-based child care means a building or place within a school that is used to provide out-of-school-hours care (including vacation care) for school children only.

Note 1—

Accordingly, a building or place within a school that is used to provide out-of-school-hours care for both school children and pre-school children is not school-based child care.

Note 2—

School-based child care is a type of early education and care facility—see the definition of that term in this Dictionary.

secondary dwelling means a self-contained dwelling that—

(a)  is established in conjunction with another dwelling (the principal dwelling), and

(b)  is on the same lot of land as the principal dwelling, and

(c)  is located within, or is attached to, or is separate from, the principal dwelling.

Note—

See clauses 5.4 and 5.5 for controls relating to the total floor area of secondary dwellings.

Secondary dwellings are a type of residential accommodation—see the definition of that term in this Dictionary.

self-storage units means premises that consist of individual enclosed compartments for storing goods or materials (other than hazardous or offensive goods or materials).

Note—

Self-storage units are a type of storage premises—see the definition of that term in this Dictionary.

semi-detached dwelling means a dwelling that is on its own lot of land and is attached to only one other dwelling.

Note—

Semi-detached dwellings are a type of residential accommodation—see the definition of that term in this Dictionary.

seniors housing means a building or place that is—

(a)  a residential care facility, or

(b)  a hostel within the meaning of State Environmental Planning Policy (Housing) 2021, Chapter 3, Part 5, or

(c)  a group of independent living units, or

(d)  a combination of any of the buildings or places referred to in paragraphs (a)–(c),

and that is, or is intended to be, used permanently for—

(e)  seniors or people who have a disability, or

(f)  people who live in the same household with seniors or people who have a disability, or

(g)  staff employed to assist in the administration of the building or place or in the provision of services to persons living in the building or place,

but does not include a hospital.

Note—

Seniors housing is a type of residential accommodation—see the definition of that term in this Dictionary.

service station means a building or place used for the sale by retail of fuels and lubricants for motor vehicles, whether or not the building or place is also used for any one or more of the following—

(a)  the ancillary sale by retail of spare parts and accessories for motor vehicles,

(b)  the cleaning of motor vehicles,

(c)  installation of accessories,

(d)  inspecting, repairing and servicing of motor vehicles (other than body building, panel beating, spray painting, or chassis restoration),

(e)  the ancillary retail selling or hiring of general merchandise or services or both.

serviced apartment means a building (or part of a building) providing self-contained accommodation to tourists or visitors on a commercial basis and that is regularly serviced or cleaned by the owner or manager of the building or part of the building or the owner’s or manager’s agents.

Note—

Serviced apartments are a type of tourist and visitor accommodation—see the definition of that term in this Dictionary.

sewage reticulation system means a building or place used for the collection and transfer of sewage to a sewage treatment plant or water recycling facility for treatment, or transfer of the treated waste for use or disposal, including associated—

(a)  pipelines and tunnels, and

(b)  pumping stations, and

(c)  dosing facilities, and

(d)  odour control works, and

(e)  sewage overflow structures, and

(f)  vent stacks.

Note—

Sewage reticulation systems are a type of sewerage system—see the definition of that term in this Dictionary.

sewage treatment plant means a building or place used for the treatment and disposal of sewage, whether or not the facility supplies recycled water for use as an alternative water supply.

Note—

Sewage treatment plants are a type of sewerage system—see the definition of that term in this Dictionary.

sewerage system means any of the following—

(a)  biosolids treatment facility,

(b)  sewage reticulation system,

(c)  sewage treatment plant,

(d)  water recycling facility,

(e)  a building or place that is a combination of any of the things referred to in paragraphs (a)–(d).

sex services means sexual acts or sexual services in exchange for payment.

sex services premises means a brothel, but does not include home occupation (sex services).

shop means premises that sell merchandise such as groceries, personal care products, clothing, music, homewares, stationery, electrical goods or the like or that hire any such merchandise, and includes a neighbourhood shop and neighbourhood supermarket, but does not include food and drink premises or restricted premises.

Note—

Shops are a type of retail premises—see the definition of that term in this Dictionary.

shop top housing means one or more dwellings located above the ground floor of a building, where at least the ground floor is used for commercial premises or health services facilities.

Note—

Shop top housing is a type of residential accommodation—see the definition of that term in this Dictionary.

signage means any sign, notice, device, representation or advertisement that advertises or promotes any goods, services or events and any structure or vessel that is principally designed for, or that is used for, the display of signage, and includes any of the following—

(a)  an advertising structure,

(b)  a building identification sign,

(c)  a business identification sign,

but does not include a traffic sign or traffic control facilities.

site area means the area of any land on which development is or is to be carried out. The land may include the whole or part of one lot, or more than one lot if they are contiguous to each other, but does not include the area of any land on which development is not permitted to be carried out under this Plan.

Note—

The effect of this definition is varied by clause 4.5 for the purpose of the determination of permitted floor space area for proposed development.

site coverage means the proportion of a site area covered by buildings. However, the following are not included for the purpose of calculating site coverage—

(a)  any basement,

(b)  any part of an awning that is outside the outer walls of a building and that adjoins the street frontage or other site boundary,

(c)  any eaves,

(d)  unenclosed balconies, decks, pergolas and the like.

small bar means a small bar within the meaning of the Liquor Act 2007.

Note—

Small bars are a type of food and drink premises—see the definition of that term in this Dictionary.

spa pool has the same meaning as in the Swimming Pools Act 1992.

Note—

The term is defined to include any excavation, structure or vessel in the nature of a spa pool, flotation tank, tub or the like.

specialised retail premises means a building or place the principal purpose of which is the sale, hire or display of goods that are of a size, weight or quantity, that requires—

(a)  a large area for handling, display or storage, or

(b)  direct vehicular access to the site of the building or place by members of the public for the purpose of loading or unloading such goods into or from their vehicles after purchase or hire,

but does not include a building or place used for the sale of foodstuffs or clothing unless their sale is ancillary to the sale, hire or display of other goods referred to in this definition.

Note—

Examples of goods that may be sold at specialised retail premises include automotive parts and accessories, household appliances and fittings, furniture, homewares, office equipment, outdoor and recreation equipment, pet supplies and party supplies.

Specialised retail premises are a type of retail premises—see the definition of that term in this Dictionary.

stock and sale yard means a building or place that is used on a commercial basis for the purpose of offering livestock or poultry for sale and that may be used for the short-term storage and watering of stock.

Note—

Stock and sale yards are a type of rural industry—see the definition of that term in this Dictionary.

storage premises means a building or place used for the storage of goods, materials, plant or machinery for commercial purposes and where the storage is not ancillary to any industry, business premises or retail premises on the same parcel of land, and includes self-storage units, but does not include a heavy industrial storage establishment, local distribution premises or a warehouse or distribution centre.

storey means a space within a building that is situated between one floor level and the floor level next above, or if there is no floor above, the ceiling or roof above, but does not include—

(a)  a space that contains only a lift shaft, stairway or meter room, or

(b)  a mezzanine, or

(c)  an attic.

swimming pool has the same meaning as in the Swimming Pools Act 1992.

Note—

The term is defined as follows—

swimming pool means an excavation, structure or vessel—

(a)  that is capable of being filled with water to a depth of 300 millimetres or more, and

(b)  that is solely or principally used, or that is designed, manufactured or adapted to be solely or principally used, for the purpose of swimming, wading, paddling or any other human aquatic activity,

and includes a spa pool, but does not include a spa bath, anything that is situated within a bathroom or anything declared by the regulations made under the Swimming Pools Act 1992 not to be a swimming pool for the purposes of that Act.

take away food and drink premises means premises that are predominantly used for the preparation and retail sale of food or drink (or both) for immediate consumption away from the premises.

Note—

Take away food and drink premises are a type of food and drink premises—see the definition of that term in this Dictionary.

tank-based aquaculture means aquaculture undertaken exclusively in tanks, but not including natural water-based aquaculture.

Note—

Tank-based aquaculture is a type of aquaculture—see the definition of that term in this Dictionary. Typical tank-based aquaculture is the tank culture of barramundi or abalone.

telecommunications facility means—

(a)  any part of the infrastructure of a telecommunications network, or

(b)  any line, cable, optical fibre, fibre access node, interconnect point equipment, apparatus, tower, mast, antenna, dish, tunnel, duct, hole, pit, pole or other structure in connection with a telecommunications network, or

(c)  any other thing used in or in connection with a telecommunications network.

telecommunications network means a system, or series of systems, that carries, or is capable of carrying, communications by means of guided or unguided electromagnetic energy, or both.

temporary structure has the same meaning as in the Act.

Note—

The term is defined as follows—

temporary structure includes a booth, tent or other temporary enclosure (whether or not part of the booth, tent or enclosure is permanent), and also includes a mobile structure.

the Act means the Environmental Planning and Assessment Act 1979.

timber yard means a building or place the principal purpose of which is the sale of sawn, dressed or treated timber, wood fibre boards or similar timber products. It may include the cutting of such timber, boards or products to order and the sale of hardware, paint, tools and materials used in conjunction with the use and treatment of timber.

Note—

Timber yards are a type of retail premises—see the definition of that term in this Dictionary.

tourist and visitor accommodation means a building or place that provides temporary or short-term accommodation on a commercial basis, and includes any of the following—

(a)  backpackers’ accommodation,

(b)  bed and breakfast accommodation,

(c)  farm stay accommodation,

(d)  hotel or motel accommodation,

(e)  serviced apartments,

but does not include—

(f)  camping grounds, or

(g)  caravan parks, or

(h)  eco-tourist facilities.

transport depot means a building or place used for the parking or servicing of motor powered or motor drawn vehicles used in connection with a business, industry, shop or passenger or freight transport undertaking.

truck depot means a building or place used for the servicing and parking of trucks, earthmoving machinery and the like.

turf farming means the commercial cultivation of turf for sale and the removal of turf for that purpose.

Note—

Turf farming is a type of intensive plant agriculture—see the definition of that term in this Dictionary.

underground mining means—

(a)  mining carried out beneath the earth’s surface, including bord and pillar mining, longwall mining, top-level caving, sub-level caving and auger mining, and

(b)  shafts, drill holes, gas and water drainage works, surface rehabilitation works and access pits associated with that mining (whether carried out on or beneath the earth’s surface),

but does not include open cut mining.

vehicle body repair workshop means a building or place used for the repair of vehicles or agricultural machinery, involving body building, panel building, panel beating, spray painting or chassis restoration.

vehicle repair station means a building or place used for the purpose of carrying out repairs to, or the selling and fitting of accessories to, vehicles or agricultural machinery, but does not include a vehicle body repair workshop or vehicle sales or hire premises.

vehicle sales or hire premises means a building or place used for the display, sale or hire of motor vehicles, caravans, boats, trailers, agricultural machinery and the like, whether or not accessories are sold or displayed there.

Note—

Vehicle sales or hire premises are a type of retail premises—see the definition of that term in this Dictionary.

veterinary hospital means a building or place used for diagnosing or surgically or medically treating animals, whether or not animals are kept on the premises for the purpose of treatment.

viticulture means the cultivation of grapes for use in the commercial production of fresh or dried fruit or wine.

Note—

Viticulture is a type of intensive plant agriculture—see the definition of that term in this Dictionary.

warehouse or distribution centre means a building or place used mainly or exclusively for storing or handling items (whether goods or materials) pending their sale, but from which no retail sales are made, but does not include local distribution premises.

waste disposal facility means a building or place used for the disposal of waste by landfill, incineration or other means, including such works or activities as recycling, resource recovery and other resource management activities, energy generation from gases, leachate management, odour control and the winning of extractive material to generate a void for disposal of waste or to cover waste after its disposal.

Note—

Waste disposal facilities are a type of waste or resource management facility—see the definition of that term in this Dictionary.

waste or resource management facility means any of the following—

(a)  a resource recovery facility,

(b)  a waste disposal facility,

(c)  a waste or resource transfer station,

(d)  a building or place that is a combination of any of the things referred to in paragraphs (a)–(c).

waste or resource transfer station means a building or place used for the collection and transfer of waste material or resources, including the receipt, sorting, compacting, temporary storage and distribution of waste or resources and the loading or unloading of waste or resources onto or from road or rail transport.

Note—

Waste or resource transfer stations are a type of waste or resource management facility—see the definition of that term in this Dictionary.

water recreation structure means a structure used primarily for recreational purposes that has a direct structural connection between the shore and the waterway, and may include a pier, wharf, jetty or boat launching ramp.

water recycling facility means a building or place used for the treatment of sewage effluent, stormwater or waste water for use as an alternative supply to mains water, groundwater or river water (including, in particular, sewer mining works), whether the facility stands alone or is associated with other development, and includes associated—

(a)  retention structures, and

(b)  treatment works, and

(c)  irrigation schemes.

Note—

Water recycling facilities are a type of sewerage system—see the definition of that term in this Dictionary.

water reticulation system means a building or place used for the transport of water, including pipes, tunnels, canals, pumping stations, related electricity infrastructure and dosing facilities.

Note—

Water reticulation systems are a type of water supply system—see the definition of that term in this Dictionary.

water storage facility means a dam, weir or reservoir for the collection and storage of water, and includes associated monitoring or gauging equipment.

Note—

Water storage facilities are a type of water supply system—see the definition of that term in this Dictionary.

water supply system means any of the following—

(a)  a water reticulation system,

(b)  a water storage facility,

(c)  a water treatment facility,

(d)  a building or place that is a combination of any of the things referred to in paragraphs (a)–(c).

water treatment facility means a building or place used for the treatment of water (such as a desalination plant or a recycled or reclaimed water plant) whether the water produced is potable or not, and includes residuals treatment, storage and disposal facilities, but does not include a water recycling facility.

Note—

Water treatment facilities are a type of water supply system—see the definition of that term in this Dictionary.

Water, Waste and Sewerage Buffer Map means the Yass Valley Local Environmental Plan 2013 Water, Waste and Sewerage Buffer Map.

waterbody means a waterbody (artificial) or waterbody (natural).

waterbody (artificial) or artificial waterbody means an artificial body of water, including any constructed waterway, canal, inlet, bay, channel, dam, pond, lake or artificial wetland, but does not include a dry detention basin or other stormwater management construction that is only intended to hold water intermittently.

waterbody (natural) or natural waterbody means a natural body of water, whether perennial or intermittent, fresh, brackish or saline, the course of which may have been artificially modified or diverted onto a new course, and includes a river, creek, stream, lake, lagoon, natural wetland, estuary, bay, inlet or tidal waters (including the sea).

watercourse means any river, creek, stream or chain of ponds, whether artificially modified or not, in which water usually flows, either continuously or intermittently, in a defined bed or channel, but does not include a waterbody (artificial).

waterway means the whole or any part of a watercourse, wetland, waterbody (artificial) or waterbody (natural).

wetland means—

(a)  natural wetland, including marshes, mangroves, backwaters, billabongs, swamps, sedgelands, wet meadows or wet heathlands that form a shallow waterbody (up to 2 metres in depth) when inundated cyclically, intermittently or permanently with fresh, brackish or salt water, and where the inundation determines the type and productivity of the soils and the plant and animal communities, or

(b)  artificial wetland, including marshes, swamps, wet meadows, sedgelands or wet heathlands that form a shallow waterbody (up to 2 metres in depth) when inundated cyclically, intermittently or permanently with water, and are constructed and vegetated with wetland plant communities.

wharf or boating facilities means a wharf or any of the following facilities associated with a wharf or boating that are not port facilities—

(a)  facilities for the embarkation or disembarkation of passengers onto or from any vessels, including public ferry wharves,

(b)  facilities for the loading or unloading of freight onto or from vessels and associated receival, land transport and storage facilities,

(c)  wharves for commercial fishing operations,

(d)  refuelling, launching, berthing, mooring, storage or maintenance facilities for any vessel,

(e)  sea walls or training walls,

(f)  administration buildings, communication, security and power supply facilities, roads, rail lines, pipelines, fencing, lighting or car parks.

wholesale supplies means a building or place used for the display, sale or hire of goods or materials by wholesale only to businesses that have an Australian Business Number registered under the A New Tax System (Australian Business Number) Act 1999 of the Commonwealth.

Dictionary: Am 2019 (154), cl 4 (2).