Hawkesbury Local Environmental Plan 2012



Part 1 Preliminary
1.1   Name of Plan
This Plan is Hawkesbury Local Environmental Plan 2012.
1.1AA   Commencement
This Plan commences on the day on which it is published on the NSW legislation website.
1.2   Aims of Plan
(1)  This Plan aims to make local environmental planning provisions for land in Hawkesbury 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 provide the mechanism for the management, orderly and economic development and conservation of land in Hawkesbury,
(b)  to provide appropriate land in area, location and quality for living, working and recreational activities and agricultural production,
(c)  to protect attractive landscapes and preserve places of natural beauty, including wetlands and waterways,
(d)  to protect and enhance the natural environment in Hawkesbury and to encourage ecologically sustainable development,
(e)  to conserve and enhance buildings, structures and sites of recognised significance that are part of the heritage of Hawkesbury for future generations,
(f)  to provide opportunities for the provision of secure, appropriate and affordable housing in a variety of types and tenures for all income groups in Hawkesbury,
(g)  to encourage tourism-related development that will not have significant adverse environmental effects or conflict with other land uses in the locality.
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(1AA)    (Repealed)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—
(2)  All local environmental plans and deemed environmental planning instruments applying to the land to which this Plan applies and to other land cease to apply to the land to which this Plan applies.
1.8A   Savings provision relating to development applications
If a development application has been made before the commencement of this Plan in relation to land to which this Plan applies and the application has not been finally determined before that commencement, the application must be determined as if this Plan had not commenced.
Note—
However, under Division 3.5 of the Act, a development application may be made for consent to carry out development that may only be carried out if the environmental planning instrument applying to the relevant development is appropriately amended or if a new instrument, including an appropriate principal environmental planning instrument, is made, and the consent authority may consider the application. The Division requires public notice of the development application and the draft environmental planning instrument allowing the development at the same time, or as closely together as is practicable.
cl 1.8A: Am 2019 (621), Sch 5[1].
1.9   Application of SEPPs
(1)  This Plan is subject to the provisions of any State environmental planning policy that prevails over this Plan as provided by section 3.28 of the Act.
(2)  The following State environmental planning policies (or provisions) do not apply to the land to which this Plan applies—
1.9A   Suspension of covenants, agreements and instruments
(1)  For the purpose of enabling development on land in any zone to be carried out in accordance with this Plan or with a consent granted under the Act, any agreement, covenant or other similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose.
(2)  This clause does not apply—
(a)  to a covenant imposed by the Council or that the Council requires to be imposed, or
(b)  to any relevant instrument within the meaning of section 13.4 of the Crown Land Management Act 2016, or
(c)  to any conservation agreement within the meaning of the National Parks and Wildlife Act 1974, or
(d)  to any Trust agreement within the meaning of the Nature Conservation Trust Act 2001, or
(e)  to any property vegetation plan within the meaning of the Native Vegetation Act 2003, or
(f)  to any biobanking agreement within the meaning of Part 7A of the Threatened Species Conservation Act 1995, or
(g)  to any planning agreement within the meaning of Subdivision 2 of Division 7.1 of the Act.
(3)  This clause does not affect the rights or interests of any public authority under any registered instrument.
(4)  Under section 3.16 of the Act, the Governor, before the making of this clause, approved of subclauses (1)–(3).
cl 1.9A: Am 2019 (621), Sch 5[2]–[4].
Part 2 Permitted or prohibited development
2.1   Land use zones
The land use zones under this Plan are as follows—
Rural Zones
RU1 Primary Production
RU2 Rural Landscape
RU4 Primary Production Small Lots
RU5 Village
Residential Zones
R1 General Residential
R2 Low Density Residential
R3 Medium Density Residential
R5 Large Lot Residential
Employment Zones
E1 Local Centre
E2 Commercial Centre
E3 Productivity Support
E4 General 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
W2 Recreational Waterways
cl 2.1: Am 2022 (832), Sch 1.10[1].
2.2   Zoning of land to which Plan applies
For the purposes of this Plan, land is within the zones shown on the Land Zoning Map.
2.3   Zone objectives and Land Use Table
(1)  The Land Use Table at the end of this Part specifies for each zone—
(a)  the objectives for development, and
(b)  development that may be carried out without development consent, and
(c)  development that may be carried out only with development consent, and
(d)  development that is prohibited.
(2)  The consent authority must have regard to the objectives for development in a zone when determining a development application in respect of land within the zone.
(3)  In the Land Use Table at the end of this Part—
(a)  a reference to a type of building or other thing is a reference to development for the purposes of that type of building or other thing, and
(b)  a reference to a type of building or other thing does not include (despite any definition in this Plan) a reference to a type of building or other thing referred to separately in the Land Use Table in relation to the same zone.
(4)  This clause is subject to the other provisions of this Plan.
Notes—
1   
Schedule 1 sets out additional permitted uses for particular land.
2   
Schedule 2 sets out exempt development (which is generally exempt from both Parts 4 and 5 of the Act). Development in the land use table that may be carried out without consent is nevertheless subject to the environmental assessment and approval requirements of Part 5 of the Act.
3   
Schedule 3 sets out complying development (for which a complying development certificate may be issued as an alternative to obtaining development consent).
4   
Clause 2.6 requires consent for subdivision of land.
5   
Part 5 contains other provisions which require consent for particular development.
2.4   Unzoned land
(1)  Development may be carried out on unzoned land only with development consent.
(2)  In deciding whether to grant development consent, the consent authority—
(a)  must consider whether the development will impact on adjoining zoned land and, if so, consider the objectives for development in the zones of the adjoining land, and
(b)  must be satisfied that the development is appropriate and is compatible with permissible land uses in any such adjoining land.
2.5   Additional permitted uses for particular land
(1)  Development on particular land that is described or referred to in Schedule 1 may be carried out—
(a)  with development consent, or
(b)  if the Schedule so provides—without development consent,
in accordance with the conditions (if any) specified in that Schedule in relation to that development.
(2)  This clause has effect despite anything to the contrary in the Land Use Table or other provision of this Plan.
2.6   Subdivision—consent requirements
(1)  Land to which this Plan applies may be subdivided, but only with development consent.
Notes—
1   
If a subdivision is specified as exempt development in an applicable environmental planning instrument, such as this Plan or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, the Act enables it to be carried out without development consent.
2   
Part 6 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 provides that the strata subdivision of a building in certain circumstances is complying development.
(2)  Development consent must not be granted for the subdivision of land on which a secondary dwelling is situated if the subdivision would result in the principal dwelling and the secondary dwelling being situated on separate lots, unless the resulting lots are not less than the minimum size shown on the Lot Size Map in relation to that land.
Note—
The definition of secondary dwelling in the Dictionary requires the dwelling to be on the same lot of land as the principal dwelling.
2.7   Demolition requires development consent
The demolition of a building or work may be carried out only with development consent.
Note—
If the demolition of a building or work is identified in an applicable environmental planning instrument, such as this Plan or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, as exempt development, the Act enables it to be carried out without development consent.
2.8   Temporary use of land
(1)  The objective of this clause is to provide for the temporary use of land if the use does not compromise future development of the land, or have detrimental economic, social, amenity or environmental effects on the land.
(2)  Despite any other provision of this Plan, development consent may be granted for development on land in any zone for a temporary use for a maximum period of 28 days (whether or not consecutive days) in any period of 12 months.
(3)  Development consent must not be granted unless the consent authority is satisfied that—
(a)  the temporary use will not prejudice the subsequent carrying out of development on the land in accordance with this Plan and any other applicable environmental planning instrument, and
(b)  the temporary use will not adversely impact on any adjoining land or the amenity of the neighbourhood, and
(c)  the temporary use and location of any structures related to the use will not adversely impact on environmental attributes or features of the land, or increase the risk of natural hazards that may affect the land, and
(d)  at the end of the temporary use period the land will, as far as is practicable, be restored to the condition in which it was before the commencement of the use.
(4)  Despite subclause (2), the temporary use of a dwelling as a sales office for a new release area or a new housing estate may exceed the maximum number of days specified in that subclause.
(5)  Subclause (3)(d) does not apply to the temporary use of a dwelling as a sales office mentioned in subclause (4).
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 (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
Land Use tbl: Am 2017 (493), Sch 1.1 [1] [2]; 2018 (488), Sch 1.1 [1]; 2019 (137), Sch 6 [1]; 2019 (621), Sch 3; 2020 (784), Sch 1[1]–[4]; 2021 (714), Sch 10.9; 2022 (314), Sch 1; 2022 (832), Sch 1.10[2]; 2023 (458), Sch 2.40[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 encourage agricultural activities that do not rely on highly fertile land.
  To ensure that development occurs in a way that does not have a significant adverse effect on water catchments, including surface and groundwater quality and flows, land surface conditions and important ecosystems such as waterways.
  To promote the conservation and enhancement of local native vegetation including the habitat of threatened species, populations and ecological communities by encouraging development to occur in areas already cleared of vegetation.
  To ensure that development retains or enhances existing landscape values including a distinctive agricultural component.
  To ensure that development does not detract from the existing rural character or create unreasonable demands for the provision or extension of public amenities and services.
2   Permitted without consent
Environmental protection works; Extensive agriculture; Home occupations
3   Permitted with consent
Agritourism; Animal boarding or training establishments; Aquaculture; Boarding houses; Boat sheds; Building identification signs; Business identification signs; Camping grounds; Caravan parks; Cemeteries; Centre-based child care facilities; Charter and tourism boating facilities; Community facilities; Correctional centres; Crematoria; Dual occupancies (attached); Dwelling houses; Eco-tourist facilities; Educational establishments; Entertainment facilities; Environmental facilities; Extractive industries; Farm buildings; Flood mitigation works; Food and drink premises; Forestry; Funeral homes; Health consulting rooms; Helipads; Heliports; Home-based child care; Home industries; Hospitals; Intensive livestock agriculture; Intensive plant agriculture; Jetties; Landscaping material supplies; Moorings; Open cut mining; Places of public worship; Plant nurseries; Public administration buildings; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Registered clubs; Respite day care centres; Roads; Roadside stalls; Rural industries; Rural supplies; Rural workers’ dwellings; Tourist and visitor accommodation; Truck depots; Veterinary hospitals; Water recreation structures; Water storage facilities
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.
  To minimise the fragmentation and alienation of resource lands.
  To minimise conflict between land uses in the zone and land uses in adjoining zones.
  To ensure that development occurs in a way that does not have a significant adverse effect on water catchments, including surface and groundwater quality and flows, land surface conditions and important ecosystems such as waterways.
  To ensure that development retains or enhances existing landscape values including a distinctive agricultural component.
  To preserve the river valley systems, scenic corridors, wooded ridges, escarpments, environmentally sensitive areas and other features of scenic quality.
  To ensure that development does not detract from the existing rural character or create unreasonable demands for the provision or extension of public amenities and services.
2   Permitted without consent
Environmental protection works; Extensive agriculture; Home occupations
3   Permitted with consent
Agriculture; Animal boarding or training establishments; Aquaculture; Bed and breakfast accommodation; Boat sheds; Building identification signs; Business identification signs; Cemeteries; Charter and tourism boating facilities; Crematoria; Dual occupancies (attached); Dwelling houses; Eco-tourist facilities; Educational establishments; Entertainment facilities; Environmental facilities; Farm buildings; Farm stay accommodation; Flood mitigation works; Forestry; Funeral homes; Helipads; Home-based child care; Home industries; Jetties; Landscaping material supplies; Moorings; Places of public worship; Plant nurseries; Recreation areas; Restaurants or cafes; Roads; Roadside stalls; Rural industries; Rural supplies; Rural workers’ dwellings; Veterinary hospitals; Water recreation structures; Water storage facilities
4   Prohibited
Any development not specified in item 2 or 3
Zone RU4   Primary Production Small Lots
1   Objectives of zone
  To enable sustainable primary industry and other compatible land uses.
  To encourage and promote diversity and employment opportunities in relation to primary industry enterprises, particularly those that require smaller lots or that are more intensive in nature.
  To minimise conflict between land uses within this zone and land uses within adjoining zones.
  To ensure that development occurs in a way that does not have a significant adverse effect on water catchments, including surface and groundwater quality and flows, land surface conditions and important ecosystems such as waterways.
2   Permitted without consent
Environmental protection works; Extensive agriculture; Home occupations
3   Permitted with consent
Agritourism; Animal boarding or training establishments; Aquaculture; Boarding houses; Boat sheds; Building identification signs; Business identification signs; Camping grounds; Caravan parks; Cemeteries; Centre-based child care facilities; Charter and tourism boating facilities; Community facilities; Dual occupancies (attached); Dwelling houses; Eco-tourist facilities; Educational establishments; Entertainment facilities; Environmental facilities; Farm buildings; Flood mitigation works; Food and drink premises; Home-based child care; Home industries; Intensive livestock agriculture; Intensive plant agriculture; Jetties; Landscaping material supplies; Moorings; Places of public worship; Plant nurseries; Public administration buildings; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Registered clubs; Respite day care centres; Roads; Roadside stalls; Rural supplies; Rural workers’ dwellings; Tourist and visitor accommodation; Veterinary hospitals; Water recreation structures; Water storage facilities
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 maintain the rural character of the village and ensure buildings and works are designed to be in sympathy with the character of the village.
  To protect hilltops, ridge lines, river valleys, rural landscape and other local features of scenic significance.
  To ensure that development does not detract from the existing rural character or create unreasonable demands for the provision or extension of public amenities and services.
2   Permitted without consent
Environmental protection works; Home occupations
3   Permitted with consent
Boarding houses; Boat sheds; Building identification signs; Business identification signs; Camping grounds; Caravan parks; Centre-based child care facilities; Community facilities; Dual occupancies (attached); Dwelling houses; Eco-tourist facilities; Educational establishments; Entertainment facilities; Environmental facilities; Flood mitigation works; Food and drink premises; Home-based child care; Home industries; Jetties; Landscaping material supplies; Local distribution premises; Moorings; Neighbourhood shops; Oyster aquaculture; Places of public worship; Plant nurseries; Public administration buildings; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Registered clubs; Respite day care centres; Roads; Roadside stalls; Rural supplies; Schools; Tank-based aquaculture; Tourist and visitor accommodation; Veterinary hospitals; Water recreation structures; Water storage facilities
4   Prohibited
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 occupations
3   Permitted with consent
Animal boarding or training establishments; Attached dwellings; Boarding houses; Building identification signs; Business identification signs; Camping grounds; Caravan parks; Centre-based child care facilities; Community facilities; Dwelling houses; Eco-tourist facilities; Educational establishments; Environmental facilities; Exhibition homes; Flood mitigation works; Group homes; Home-based child care; Home industries; Hostels; Multi dwelling housing; Neighbourhood shops; Oyster aquaculture; Places of public worship; Pond-based aquaculture; Public administration buildings; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Registered clubs; Residential accommodation; Residential flat buildings; Respite day care centres; Roads; Semi-detached dwellings; Seniors housing; Shop top housing; Tank-based aquaculture; Tourist and visitor accommodation; Veterinary hospitals; Water storage facilities
4   Prohibited
Rural workers’ dwellings; Any other development not specified in item 2 or 3
Zone R2   Low Density Residential
1   Objectives of zone
  To provide for the housing needs of the community within a low density residential environment.
  To enable other land uses that provide facilities or services to meet the day to day needs of residents.
  To protect the character of traditional residential development and streetscapes.
  To ensure that new development retains and enhances that character.
  To ensure that development is sympathetic to the natural environment and ecological processes of the area.
  To enable development for purposes other than residential only if it is compatible with the character of the living area and has a domestic scale.
  To ensure that water supply and sewage disposal on each resultant lot of a subdivision is provided to the satisfaction of the Council.
  To ensure that development does not create unreasonable demands for the provision or extension of public amenities or services.
2   Permitted without consent
Environmental protection works; Home occupations
3   Permitted with consent
Animal boarding or training establishments; Boarding houses; Building identification signs; Business identification signs; Camping grounds; Caravan parks; Centre-based child care facilities; Community facilities; Dwelling houses; Eco-tourist facilities; Educational establishments; Environmental facilities; Exhibition homes; Exhibition villages; Extensive agriculture; Farm buildings; Flood mitigation works; Group homes; Health consulting rooms; Home-based child care; Home industries; Hospitals; Neighbourhood shops; Oyster aquaculture; Places of public worship; Pond-based aquaculture; Public administration buildings; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Registered clubs; Respite day care centres; Roads; Tank-based aquaculture; Tourist and visitor accommodation; Veterinary hospitals; Water storage facilities
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 a wide range of housing choices in close proximity to commercial centres and railway stations.
  To ensure that development is sympathetic to the natural amenity and ecological processes of the area.
  To ensure that development does not create unreasonable demands for the provision or extension of public amenities or services.
2   Permitted without consent
Environmental protection works; Home occupations
3   Permitted with consent
Animal boarding or training establishments; Attached dwellings; Boarding houses; Building identification signs; Business identification signs; Camping grounds; Caravan parks; Centre-based child care facilities; Community facilities; Dual occupancies; Dwelling houses; Eco-tourist facilities; Educational establishments; Environmental facilities; Exhibition homes; Exhibition villages; Flood mitigation works; Group homes; Home-based child care; Home industries; Hostels; Multi dwelling housing; Neighbourhood shops; Oyster aquaculture; Places of public worship; Public administration buildings; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Registered clubs; Respite day care centres; Roads; Semi-detached dwellings; Seniors housing; Tank-based aquaculture; Tourist and visitor accommodation; Veterinary hospitals; Water storage facilities
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 provide primarily for low density residential housing and associated facilities.
2   Permitted without consent
Environmental protection works; Home occupations
3   Permitted with consent
Animal boarding or training establishments; Building identification signs; Business identification signs; Camping grounds; Caravan parks; Centre-based child care facilities; Community facilities; Dwelling houses; Eco-tourist facilities; Educational establishments; Entertainment facilities; Environmental facilities; Exhibition homes; Exhibition villages; Extensive agriculture; Farm buildings; Flood mitigation works; Home-based child care; Home industries; Oyster aquaculture; Places of public worship; Pond-based aquaculture; Public administration buildings; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Registered clubs; Respite day care centres; Roads; Tank-based aquaculture; Tourist and visitor accommodation; Veterinary hospitals; Water storage facilities
4   Prohibited
Any development not specified in item 2 or 3
Zone E1   Local Centre
1   Objectives of zone
  To provide a range of retail, business and community uses that serve the needs of people who live in, work in or visit the area.
  To encourage investment in local commercial development that generates employment opportunities and economic growth.
  To enable residential development that contributes to a vibrant and active local centre and is consistent with the Council’s strategic planning for residential development in the area.
  To encourage business, retail, community and other non-residential land uses on the ground floor of buildings.
  To ensure the scale and type of development is compatible with the character and amenity of the area.
2   Permitted without consent
Environmental protection works; Home occupations
3   Permitted with consent
Amusement centres; Artisan food and drink industries; Boarding houses; Centre-based child care facilities; Commercial premises; Community facilities; Entertainment facilities; Function centres; Home industries; Hotel or motel accommodation; Information and education facilities; Local distribution premises; Medical centres; Oyster aquaculture; Places of public worship; Public administration buildings; Recreation facilities (indoor); Respite day care centres; Service stations; Shop top housing; Tank-based aquaculture; Veterinary hospitals; Warehouse or distribution centres; Any other development not specified in item 2 or 4
4   Prohibited
Airports; Airstrips; Boat building and repair facilities; Boat sheds; Cemeteries; Charter and tourism boating facilities; Correctional centres; Crematoria; Depots; Extensive agriculture; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Heavy industrial storage establishments; Home occupations (sex services); Hostels; Industrial retail outlets; Industries; Intensive livestock agriculture; Intensive plant agriculture; Jetties; Marinas; Moorings; Open cut mining; Recreation facilities (major); Research stations; Resource recovery facilities; Rural industries; Rural workers’ dwellings; Sewerage systems; Storage premises; Transport depots; Truck depots; Vehicle body repair workshops; Waste disposal facilities; Water recreation structures
Zone E2   Commercial Centre
1   Objectives of zone
  To strengthen the role of the commercial centre as the centre of business, retail, community and cultural activity.
  To encourage investment in commercial development that generates employment opportunities and economic growth.
  To encourage development that has a high level of accessibility and amenity, particularly for pedestrians.
  To enable residential development only if it is consistent with the Council’s strategic planning for residential development in the area.
  To ensure that new development provides diverse and active street frontages to attract pedestrian traffic and to contribute to vibrant, diverse and functional streets and public spaces.
2   Permitted without consent
Environmental protection works; Home occupations
3   Permitted with consent
Amusement centres; Artisan food and drink industries; Backpackers’ accommodation; Centre-based child care facilities; Commercial premises; Community facilities; Entertainment facilities; Function centres; Home industries; Hotel or motel accommodation; Information and education facilities; Local distribution premises; Medical centres; Mortuaries; Oyster aquaculture; Passenger transport facilities; Places of public worship; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Registered clubs; Respite day care centres; Restricted premises; Tank-based aquaculture; Vehicle repair stations; Veterinary hospitals; Any other development not specified in item 2 or 4
4   Prohibited
Airports; Airstrips; Boat building and repair facilities; Boat sheds; Cemeteries; Charter and tourism boating facilities; Correctional centres; Crematoria; Depots; Extensive agriculture; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Heavy industrial storage establishments; Home occupations (sex services); Hostels; Industrial retail outlets; Industries; Intensive livestock agriculture; Intensive plant agriculture; Jetties; Marinas; Moorings; Open cut mining; Pond-based aquaculture; Recreation facilities (major); Research stations; Resource recovery facilities; Rural industries; Rural workers’ dwellings; Sewerage systems; Storage premises; Transport depots; Truck depots; Vehicle body repair workshops; Waste disposal facilities; Water recreation structures
Zone E3   Productivity Support
1   Objectives of zone
  To provide a range of facilities and services, light industries, warehouses and offices.
  To provide for land uses that are compatible with, but do not compete with, land uses in surrounding local and commercial centres.
  To maintain the economic viability of local and commercial centres by limiting certain retail and commercial activity.
  To provide for land uses that meet the needs of the community, businesses and industries but that are not suited to locations in other employment zones.
  To provide opportunities for new and emerging light industries.
  To enable other land uses that provide facilities and services to meet the day to day needs of workers, to sell goods of a large size, weight or quantity or to sell goods manufactured on-site.
2   Permitted without consent
Environmental protection works; Home occupations
3   Permitted with consent
Animal boarding or training establishments; Boat building and repair facilities; Business premises; Centre-based child care facilities; Community facilities; Depots; Function centres; Garden centres; Hardware and building supplies; Hotel or motel accommodation; Industrial retail outlets; Industrial training facilities; Information and education facilities; Landscaping material supplies; Light industries; Local distribution premises; Markets; Mortuaries; Neighbourhood shops; Office premises; Oyster aquaculture; Passenger transport facilities; Places of public worship; Plant nurseries; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Research stations; Respite day care centres; Rural supplies; Service stations; Specialised retail premises; Storage premises; Take away food and drink premises; Tank-based aquaculture; Timber yards; Vehicle body repair workshops; Vehicle repair stations; Vehicle sales or hire premises; Veterinary hospitals; Warehouse or distribution centres; Wholesale supplies; Any other development not specified in item 2 or 4
4   Prohibited
Airports; Airstrips; Amusement centres; Boat sheds; Camping grounds; Car parks; Caravan parks; Cellar door premises; Cemeteries; Charter and tourism boating facilities; Correctional centres; Crematoria; Exhibition homes; Exhibition villages; Extensive agriculture; Extractive industries; Farm buildings; Forestry; Freight transport facilities; General industries; Heavy industrial storage establishments; Heavy industries; Highway service centres; Home-based child care; Home businesses; Home occupations (sex services); Intensive livestock agriculture; Intensive plant agriculture; Jetties; Kiosks; Marinas; Moorings; Open cut mining; Residential accommodation; Resource recovery facilities; Restricted premises; Roadside stalls; Rural industries; Sewerage systems; Sex services premises; Shops; Tourist and visitor accommodation; Transport depots; Waste disposal facilities; Water recreation structures; Water storage facilities; Water treatment facilities
Zone E4   General Industrial
1   Objectives of zone
  To provide a range of industrial, warehouse, logistics and related land uses.
  To ensure the efficient and viable use of land for industrial uses.
  To minimise any adverse effect of industry on other land uses.
  To encourage employment opportunities.
  To enable limited non-industrial land uses that provide facilities and services to meet the needs of businesses and workers.
2   Permitted without consent
Environmental protection works; Home occupations
3   Permitted with consent
Depots; Freight transport facilities; Funeral homes; Garden centres; General industries; Goods repair and reuse premises; Hardware and building supplies; Industrial retail outlets; Industrial training facilities; Light industries; Local distribution premises; Neighbourhood shops; Oyster aquaculture; Take away food and drink premises; Tank-based aquaculture; Warehouse or distribution centres; Any other development not specified in item 2 or 4
4   Prohibited
Airports; Airstrips; Amusement centres; Boat sheds; Business premises; Camping grounds; Car parks; Caravan parks; Cellar door premises; Cemeteries; Charter and tourism boating facilities; Educational establishments; Exhibition homes; Exhibition villages; Farm buildings; Forestry; Hazardous storage establishments; Highway service centres; Home-based child care; Home businesses; Home occupations (sex services); Intensive livestock agriculture; Intensive plant agriculture; Jetties; Kiosks; Marinas; Markets; Moorings; Offensive storage establishments; Office premises; Recreation facilities (major); Research stations; Residential accommodation; Restricted premises; Roadside stalls; Sex services premises; Shops; Specialised retail premises; Tourist and visitor accommodation; Water recreation structures
Zone SP1   Special Activities
1   Objectives of zone
  To provide for special land uses that are not provided for in other zones.
  To provide for sites with special natural characteristics that are not provided for in other zones.
  To facilitate development that is in keeping with the special characteristics of the site or its existing or intended special use, and that minimises any adverse impacts on surrounding land.
2   Permitted without consent
Environmental protection works; Home occupations
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 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
Environmental protection works; Home occupations
3   Permitted with consent
Aquaculture; Community facilities; Public administration buildings; Roads; The purpose shown on the Land Zoning Map, including any development that is ordinarily incidental or ancillary to development for that purpose
4   Prohibited
Any development not specified in item 2 or 3
Zone RE1   Public Recreation
1   Objectives of zone
  To enable land to be used for public open space or recreational purposes.
  To provide a range of recreational settings and activities and compatible land uses.
  To protect and enhance the natural environment for recreational purposes.
  To protect and enhance the natural environment for environmental purposes.
  To restrict development on land required for future open space purposes.
2   Permitted without consent
Environmental protection works
3   Permitted with consent
Aquaculture; Boat sheds; Centre-based child care facilities; Charter and tourism boating facilities; Community facilities; Environmental facilities; Extensive agriculture; Farm buildings; Flood mitigation works; Food and drink premises; Forestry; Helipads; Information and education facilities; Jetties; Kiosks; Markets; Moorings; Public administration buildings; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Respite day care centres; Roads; Signage; Water recreation structures; 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; Boat sheds; Centre-based child care facilities; Charter and tourism boating facilities; Community facilities; Environmental facilities; Extensive agriculture; Farm buildings; Flood mitigation works; Food and drink premises; Helipads; Information and education facilities; Jetties; Kiosks; Markets; Moorings; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Respite day care centres; Roads; Signage; Water recreation structures; 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.
  To protect wetland areas from development that could adversely affect their preservation and conservation.
  To preserve wetland areas as habitats for indigenous and migratory wildlife.
2   Permitted without consent
Nil
3   Permitted with consent
Environmental facilities; Environmental protection works; Flood mitigation works; Oyster aquaculture Recreation areas; Roads; 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.
  To protect varieties of wildlife and their associated habitats and corridors.
  To retain the visual and scenic qualities of the escarpment ridges and foot slopes.
  To ensure that development occurs in a way that does not have a significant adverse effect on water catchments, including surface and groundwater quality and flows, land surface conditions and important ecosystems such as waterways.
2   Permitted without consent
Environmental protection works; Home occupations
3   Permitted with consent
Building identification signs; Business identification signs; Camping grounds; Caravan parks; Centre-based child care facilities; Community facilities; Correctional centres; Dual occupancies (attached); Dwelling houses; Eco-tourist facilities; Educational establishments; Entertainment facilities; Environmental facilities; Extensive agriculture; Farm buildings; Flood mitigation works; Health consulting rooms; Helipads; Home-based child care; Home industries; Hospitals; Oyster aquaculture; Places of public worship; Pond-based aquaculture; Public administration buildings; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Registered clubs; Respite day care centres; Roads; Roadside stalls; Tank-based aquaculture; Tourist and visitor accommodation; Veterinary hospitals; 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 restrict development on land that is inappropriate for development because of its physical characteristics or bushfire risk.
  To ensure that land uses are compatible with existing infrastructure, services and facilities and with the environmental capabilities of the land.
  To encourage existing sustainable agricultural activities.
  To ensure that development does not create or contribute to rural land use conflicts.
  To promote the conservation and enhancement of local native vegetation, including the habitat of threatened species, populations and ecological communities by encouraging development to occur in areas already cleared of vegetation.
  To ensure that development occurs in a way that does not have a significant adverse effect on water catchments, including surface and groundwater quality and flows, land surface conditions and important ecosystems such as waterways.
2   Permitted without consent
Environmental protection works; Extensive agriculture; Home occupations
3   Permitted with consent
Animal boarding or training establishments; Boarding houses; Boat sheds; Building identification signs; Business identification signs; Camping grounds; Caravan parks; Centre-based child care facilities; Charter and tourism boating facilities; Community facilities; Dual occupancies (attached); Dwelling houses; Eco-tourist facilities; Educational establishments; Entertainment facilities; Environmental facilities; Farm buildings; Flood mitigation works; Food and drink premises; Forestry; Health consulting rooms; Helipads; Heliports; Home-based child care; Home industries; Hospitals; Intensive livestock agriculture; Intensive plant agriculture; Jetties; Landscaping material supplies; Moorings; Oyster aquaculture; Passenger transport facilities; Places of public worship; Plant nurseries; Pond-based aquaculture; Public administration buildings; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Registered clubs; Respite day care centres; Roads; Roadside stalls; Rural supplies; Rural workers’ dwellings; Sawmill or log processing works; Stock and sale yards; Tank-based aquaculture; Tourist and visitor accommodation; Transport depots; Truck depots; Veterinary hospitals; Water recreation structures; Water storage facilities
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
Nil
3   Permitted with consent
Aquaculture; Environmental facilities; Environmental protection works; Flood mitigation works; Jetties; Moorings; Water recreation structures
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
Zone W2   Recreational Waterways
1   Objectives of zone
  To protect the ecological, scenic and recreation values of recreational waterways.
  To allow for water-based recreation and related uses.
  To provide for sustainable fishing industries and recreational fishing.
2   Permitted without consent
Nil
3   Permitted with consent
Aquaculture; Boat sheds; Building identification signs; Business identification signs; Charter and tourism boating facilities; Environmental facilities; Environmental protection works; Flood mitigation works; Jetties; Kiosks; Marinas; Moorings; Mooring pens; Recreation areas; Recreation facilities (outdoor); Water recreation structures
4   Prohibited
Industries; Local distribution premises; Multi dwelling housing; Residential flat buildings; Seniors housing; Warehouse or distribution centres; Any other development not specified in item 2 or 3
Part 3 Exempt and complying development
3.1   Exempt development
(1)  The objective of this clause is to identify development of minimal environmental impact as exempt development.
(2)  Development specified in Schedule 2 that meets the standards for the development contained in that Schedule and that complies with the requirements of this Part is exempt development.
(3)  To be exempt development, the development—
(a)  must meet the relevant deemed-to-satisfy provisions of the Building Code of Australia or, if there are no such relevant provisions, must be structurally adequate, and
(b)  must not, if it relates to an existing building, cause the building to contravene the Building Code of Australia, and
(c)  must not be designated development, and
(d)  must not be carried out on land that comprises, or on which there is, an item that is listed on the State Heritage Register under the Heritage Act 1977 or that is subject to an interim heritage order under the Heritage Act 1977.
(4)  Development that relates to an existing building that is classified under the Building Code of Australia as class 1b or class 2–9 is exempt development only if—
(a)  the building has a current fire safety certificate or fire safety statement, or
(b)  no fire safety measures are currently implemented, required or proposed for the building.
(5)  To be exempt development, the development must—
(a)  be installed in accordance with the manufacturer’s specifications, if applicable, and
(b)  not involve the removal, pruning or other clearing of vegetation that requires a permit, development consent or other approval unless it is undertaken in accordance with a permit, development consent or other approval.
(6)  A heading to an item in Schedule 2 is part of that Schedule.
3.2   Complying development
(1)  The objective of this clause is to identify development as complying development.
(2)  Development specified in Part 1 of Schedule 3 that is carried out in compliance with—
(a)  the development standards specified in relation to that development, and
(b)  the requirements of this Part,
is complying development.
Note—
See also clause 5.8(3) which provides that the conversion of fire alarms is complying development in certain circumstances.
(3)  To be complying development, the development must—
(a)  be permissible, with development consent, in the zone in which it is carried out, and
(b)  meet the relevant deemed-to-satisfy provisions of the Building Code of Australia, and
(c)  have an approval, if required by the Local Government Act 1993, from the Council for an on-site effluent disposal system if the development is undertaken on unsewered land.
(4)  A complying development certificate for development specified in Part 1 of Schedule 3 is subject to the conditions (if any) set out or referred to in Part 2 of that Schedule.
(5)  A heading to an item in Schedule 3 is part of that Schedule.
3.3   Environmentally sensitive areas excluded
(1)  Exempt or complying development must not be carried out on any environmentally sensitive area for exempt or complying development.
(2)  For the purposes of this clause—
environmentally sensitive area for exempt or complying development means any of the following—
(a)  the coastal waters of the State,
(b)  a coastal lake,
(c)  land within the coastal wetlands and littoral rainforests area (within the meaning of the Coastal Management Act 2016),
(d)  land reserved as an aquatic reserve under the Fisheries Management Act 1994 or as a marine park under the Marine Parks Act 1997,
(e)  land within a wetland of international significance declared under the Ramsar Convention on Wetlands or within a World heritage area declared under the World Heritage Convention,
(f)  land within 100 metres of land to which paragraph (c), (d) or (e) applies,
(g)  land identified in this or any other environmental planning instrument as being of high Aboriginal cultural significance or high biodiversity significance,
(h)  land reserved under the National Parks and Wildlife Act 1974 or land acquired under Part 11 of that Act,
(i)  land reserved or dedicated under the Crown Land Management Act 2016 for the preservation of flora, fauna, geological formations or for other environmental protection purposes,
(j)  land that is a declared area of outstanding biodiversity value under the Biodiversity Conservation Act 2016 or declared critical habitat under Part 7A of the Fisheries Management Act 1994.
Part 4 Principal development standards
4.1   Minimum subdivision lot size
(1)  The objectives of this clause are as follows—
(a)  to ensure that the pattern of lots created by subdivision and the location of any buildings on those lots will minimise the impact on any threatened species, populations or endangered ecological community or regionally significant wetland, waterways and groundwater as well as any agricultural activity in the vicinity,
(b)  to ensure that each lot created in a subdivision contains a suitable area for the erection of a dwelling house, an appropriate asset protection zone relating to bush fire hazard and a location for on-site effluent disposal if sewerage is not available,
(c)  to ensure a ratio between the depth of the lot and the frontage of the lot that is satisfactory having regard to the purpose for which the lot is to be used.
(2)  This clause applies to a subdivision of any land shown on the Lot Size Map that requires development consent and that is carried out after the commencement of this Plan.
(3)  The size of any lot resulting from a subdivision of land to which this clause applies is not to be less than the minimum size shown on the Lot Size Map in relation to that land.
(3A)  If a lot in a following zone is a battle-axe lot or other lot with an access handle, the area of the access handle is not to be included in calculating the lot size—
(a)  Zone R1 General Residential,
(b)  Zone R2 Low Density Residential,
(c)  Zone R3 Medium Density Residential.
(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 inappropriate subdivisions that would create additional dwelling entitlements.
(2)  This clause applies to a subdivision (being a subdivision that requires development consent) under the Community Land Development Act 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 R1 General Residential,
(f)  Zone R2 Low Density Residential,
(g)  Zone R3 Medium Density Residential,
(h)  Zone R5 Large Lot Residential,
(i)  Zone C3 Environmental Management,
(j)  Zone C4 Environmental Living,
but does not apply to a subdivision by the registration of a strata plan.
(3)  The size of any lot resulting from a subdivision of land to which this clause applies (other than any lot comprising association property within the meaning of the Community Land Development Act 2021) is not to be less than the minimum size shown on the Lot Size Map in relation to that land.
(3A)  If a lot in a following zone is a battle-axe lot or other lot with an access handle, the area of the access handle is not to be included in calculating the lot size—
(a)  Zone R1 General Residential,
(b)  Zone R2 Low Density Residential,
(c)  Zone R3 Medium Density Residential.
(4)  This clause applies despite clause 4.1.
cl 4.1AA: Am 2022 (832), Sch 1.10[3] [4].
4.1A   Minimum subdivision lot size for strata plan schemes in certain rural, residential and conservation 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—
(a)  Zone RU1 Primary Production,
(b)  Zone RU2 Rural Landscape,
(c)  Zone RU4 Primary Production Small Lots,
(d)  Zone RU5 Village,
(e)  Zone R1 General Residential,
(f)  Zone R2 Low Density Residential,
(g)  Zone R3 Medium Density Residential,
(h)  Zone R5 Large Lot Residential,
(i)  Zone C3 Environmental Management,
(j)  Zone C4 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)  If a lot in a following zone is a battle-axe lot or other lot with an access handle, the area of the access handle is not to be included in calculating the lot size—
(a)  Zone R1 General Residential,
(b)  Zone R2 Low Density Residential,
(c)  Zone R3 Medium Density Residential.
cl 4.1A: Am 2022 (832), Sch 1.10[3]–[5].
4.1B   Additional requirements for subdivision in certain rural, residential and conservation zones
(1)  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 RU5 Village,
(e)  Zone R5 Large Lot Residential,
(f)  Zone C3 Environmental Management,
(g)  Zone C4 Environmental Living.
(2)  Development consent must not be granted to a subdivision of land to which this clause applies unless—
(a)  the pattern of lots created by the subdivision and the location of any buildings on those lots is not likely to have a significant impact on any threatened species, populations or endangered ecological community or regionally significant wetland, waterways, groundwater or agricultural activities in the locality, and
(b)  the consent authority is satisfied that each lot to be created contains a suitable area for a dwelling house, an appropriate asset protection zone relating to bush fire hazard and an adequate sewage management system if sewerage is not available, and
(c)  if sewerage is not available—the consent authority has considered a geotechnical assessment that demonstrates the land is adequate for the on-site disposal of effluent, and
(d)  the consent authority is satisfied that there is a satisfactory ratio between the depth of each lot and the frontage of each lot, having regard to the purpose for which the lot is to be used.
cl 4.1B: Am 2022 (832), Sch 1.10[3]–[5].
4.1C   Exceptions to minimum subdivision lot size for rural and large lot residential zones
(1)  The objective of this clause is to provide an alternative method to clause 4.1 for the subdivision of land to which this clause applies.
(2)  This clause applies to land in the following zones that is identified as “U”, “Y” or “Z” on the Lot Averaging Map
(a)  Zone RU1 Primary Production,
(b)  Zone RU4 Primary Production Small Lots,
(c)  Zone R5 Large Lot Residential.
(3)  Despite clauses 4.1 and 4.1AA, development consent may be granted under this clause for an averaging subdivision of land to which this clause applies if the size of any lot resulting from that subdivision will not be less than the minimum size shown on the Lot Averaging Map in relation to that land.
(4)  Before development consent may be granted for an averaging subdivision of land in Zone RU1 Primary Production or Zone RU4 Primary Production Small Lots, the consent authority must be satisfied of all of the following—
(a)  that at least 20% of the original lot for the land being subdivided is occupied by an endangered ecological community or is a regionally significant wetland,
(b)  that there will be a better environmental outcome from an averaging subdivision than there would be without such a subdivision and that the long-term survival of the endangered ecological community or regionally significant wetland will be enhanced,
(c)  that any endangered ecological community will be contained in, and managed on, neighbourhood property under the Community Land Development Act 1989,
(d)  that any regionally significant wetland will be contained in, and managed on, neighbourhood property under the Community Land Development Act 1989 or on a lot designed for large scale agriculture,
(e)  that the lots to be created for dwelling houses do not contain an endangered ecological community or, unless they are lots designed for large-scale agriculture, a regionally significant wetland.
(5)  In this clause—
averaging subdivision means the subdivision of land to which this clause applies that will not create more lots than the number resulting from—
(a)  if the land is in Zone RU1 Primary Production or Zone RU4 Primary Production Small Lots—dividing the area (in hectares) of the original lot for the land being subdivided by the minimum lot size (in hectares) shown on the Lot Size Map in relation to that land, or
(b)  if the land is in Zone R5 Large Lot Residential—multiplying the area of the original lot (in hectares) for the land being subdivided by the density control number shown on the Lot Averaging Map in relation to that land.
endangered ecological community means any endangered ecological community referred to in Part 3 of Schedule 1 to the Threatened Species Conservation Act 1995.
lot does not include a lot created for a public purpose or a lot created as neighbourhood property under the Community Land Development Act 1989.
original lot for land being subdivided means a lot that includes the land being subdivided—
(a)  that existed on 24 March 2005 (the day lot averaging provisions commenced under Hawkesbury Local Environmental Plan 1989), and
(b)  that is in Zone RU1 Primary Production, Zone RU4 Primary Production Small Lots or Zone R5 Large Lot Residential, and
(c)  for which a minimum lot size is shown on the Lot Averaging Map.
regionally significant wetland means land identified as “coastal wetlands” on the Coastal Wetlands and Littoral Rainforests Area Map, within the meaning of State Environmental Planning Policy (Resilience and Hazards) 2021, Chapter 2.
cl 4.1C: Am 2022 (629), Sch 3.3[1].
4.1D   Exceptions to minimum subdivision lot size for certain land
(1)  Despite clauses 4.1, 4.1AA and 4.1A, development consent must not be granted for the subdivision of land that is identified as “Area A” and edged heavy blue on the Lot Size Map if—
(a)  arrangements satisfactory to the consent authority have not been made before the application is determined to ensure that each lot created by the subdivision will be serviced by a reticulated sewerage system from the date it is created, and
(b)  the area of any lot created by the subdivision that contains or is to contain a dwelling house is less than 4,000 square metres, excluding the area of an access handle.
(2)  Despite subclause (1) and subject to subclause (3), development consent may be granted for the subdivision of land in the following zones into separate lots for the purpose of dual occupancies, multi dwelling housing, residential flat buildings or shop top housing, if the development for that purpose has been approved—
(a)  Zone R1 General Residential,
(b)  Zone R2 Low Density Residential,
(c)  Zone R3 Medium Density Residential.
(3)  Subclause (2)(b) does not apply to land in Glossodia.
cl 4.1D: Am 2014 (264), cl 4; 2020 (784), Sch 1[5] [6].
4.1E   Subdivision in Grose Wold and Grose Vale
(1)  The objective of this clause is to ensure the protection of threatened species, threatened ecological communities and land in an environmental constraint area.
(2)  This clause applies to land in the area known as “Grose Wold” and “Grose Vale”, being the land identified as “Area B” and edged heavy yellow on the Lot Size Map.
(3)  Development consent must not be granted for a subdivision of the land unless the number of lots resulting from the subdivision plus the number of lots resulting from a subdivision on or after 2 June 2000 of the whole or part of the original lot for the land to be subdivided will not exceed the area of the original lot, in hectares, divided by 4.
(4)  In addition, development consent must not be granted for the subdivision unless—
(a)  in considering a development application to which this clause relates, the consent authority has had regard to the effect the development is likely to have on the following—
(i)  the water quality and water quantity in the Grose River and its tributaries,
(ii)  the scenic quality of the area,
(iii)  existing riparian vegetation and the rehabilitation of local native riparian vegetation located along the Grose River and along drainage lines and creeks, and
(b)  the consent authority is satisfied of the following—
(i)  the pattern of lots to be created by the subdivision and the location of buildings on the lots will minimise the impact on threatened species and threatened ecological communities, waterways and groundwater, and land in an environmental constraint area,
(ii)  a geotechnical assessment has been undertaken demonstrating the land is adequate for the on-site disposal of effluent in accordance with best practice,
(iii)  land containing threatened species or threatened ecological communities and land in an environmental constraint area is retained in one lot as much as possible,
(iv)  there will be no significant adverse impacts on threatened species or threatened ecological communities or land in an environmental constraint area located downstream or surrounding the development.
(5)  Despite clauses 4.1, 4.1AA and 4.1A, development consent must not be granted for a subdivision of the land that contains an environmental constraint area unless—
(a)  the size of each lot resulting from the subdivision will be at least 1 hectare, and
(b)  each lot resulting from the subdivision will contain at least one hectare of land that is not in an environmental constraint area.
(6)  In this clause—
environmental constraint area means land identified as “Environmental Constraint Area” on the Environmental Constraints Area Map.
original lot for land being subdivided means a lot that existed immediately before 2 June 2000 that included the land.
threatened ecological community and threatened species have the same meanings as in the Biodiversity Conservation Act 2016.
cl 4.1E: Subst 2020 (784), Sch 1[7].
4.1F   Exceptions to minimum subdivision lot size for certain land in North Richmond
Despite clauses 4.1, 4.1AA and 4.1A, development consent must not be granted for the subdivision of land in North Richmond that is identified as “Area C” and edged heavy red on the Lot Size Map if any lot that would result from the subdivision would be a battle-axe-lot (or a lot with an access handle) with an area of less than 700 square metres, excluding the area of an access handle.
cl 4.1F: Am 2020 (784), Sch 1[8].
4.1G   Restriction on the number of lots created by subdivision of certain land
(1)  This clause applies to land identified as “Restricted Lot Yield” on the Restricted Lot Yield Map.
(2)  The total number of lots that may be created by the subdivision of land to which this clause applies must not exceed the number shown on the Restricted Lot Yield Map in relation to that land.
(3)  In this clause—
lot does not include a lot created for a public purpose or a lot created as neighbourhood property under the Community Land Development Act 1989.
cl 4.1G: Ins 2015 (8), Sch 1 [1].
4.1H   Boundary changes between lots in certain rural, residential and conservation zones
(1)  The objective of this clause is to permit the boundary between 2 or more lots to be altered in certain circumstances to give landowners a greater opportunity to achieve the objectives for development in a zone.
(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 R5 Large Lot Residential,
(e)  Zone C3 Environmental Management,
(f)  Zone C4 Environmental Living.
(3)  Despite clause 4.1(3), development consent may be granted to the subdivision of 2 or more adjoining lots, being land to which this clause applies, if the subdivision will not result in the following—
(a)  an increase in the number of lots,
(b)  an increase in the number of dwellings on, or dwellings that may be erected on, the lots.
(4)  Before determining a development application for the subdivision of land under this clause, the consent authority must consider the following—
(a)  the existing uses and approved uses of other land in the vicinity of the subdivision,
(b)  whether or not the subdivision is likely to have a significant impact on land uses that are likely to be preferred and the predominant land uses in the vicinity of the development,
(c)  whether or not the subdivision is likely to be incompatible with a use referred to in paragraph (a) or (b),
(d)  whether or not the subdivision is likely to be incompatible with a use of land in any adjoining zone,
(e)  any measures proposed by the applicant to avoid or minimise an incompatibility referred to in paragraph (c) or (d),
(f)  whether or not the subdivision is appropriate having regard to the natural and physical constraints affecting the land,
(g)  whether or not the subdivision is likely to have an adverse impact on the environmental values or agricultural viability of the land.
(5)  This clause does not apply—
(a)  in relation to the subdivision of individual lots in a strata plan or a community title scheme, or
(b)  if the subdivision would create a lot that could itself be subdivided in accordance with clause 4.1.
cl 4.1H: Ins 2020 (784), Sch 1[9]. Am 2022 (832), Sch 1.10[3] [4] and [6].
4.2   Rural subdivision
(1)  The objective of this clause is to provide flexibility in the application of standards for subdivision in rural zones to allow land owners a greater chance to achieve the objectives for development in the relevant zone.
(2)  This clause applies to the following rural zones—
(a)  Zone RU1 Primary Production,
(b)  Zone RU2 Rural Landscape,
(baa)  Zone RU3 Forestry,
(c)  Zone RU4 Primary Production Small Lots,
(d)  Zone RU6 Transition.
Note—
When this Plan was made it did not include Zone RU6 Transition.
(3)  Land in a zone to which this clause applies may, with development consent, be subdivided for the purpose of primary production to create a lot of a size that is less than the minimum size shown on the Lot Size Map in relation to that land.
(4)  However, such a lot cannot be created if an existing dwelling would, as the result of the subdivision, be situated on the lot.
(5)  A dwelling cannot be erected on such a lot.
Note—
A dwelling includes a rural worker’s dwelling (see definition of that term in the Dictionary).
4.2A   Residential development and subdivision prohibited on certain land
(1)  The objectives of this clause are as follows—
(a)  to prohibit residential development on a lot resulting from the closure of a road,
(b)  to prohibit the erection of dwelling houses on certain land that is flood planning land or was subdivided for agricultural purposes.
(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 RU5 Village,
(e)  Zone R5 Large Lot Residential,
(f)  Zone C3 Environmental Management,
(g)  Zone C4 Environmental Living.
(3)  Development consent must not be granted for the erection of a dwelling house on a lot resulting from the closure of part or all of a road, irrespective of when that closure occurred.
(4)  Subclause (3) does not apply to a lot created by the consolidation of a lot resulting from a road closure with an adjoining lot that did not result from a road closure.
(5)  Development consent must not be granted for the erection of a dwelling house on a lot—
(a)  below the level of a 1:100 ARI (average recurrent interval) flood event, and
(b)  resulting from a subdivision for the purpose of agriculture for which development consent was granted before 27 June 2003.
cl 4.2A: Am 2022 (832), Sch 1.10[3] [4].
4.2B   Additional requirements for subdivisions in certain flood planning areas
(1)  This clause applies to the subdivision of land—
(a)  under clause 4.1, 4.1AA, 4.1A, 4.1C, 4.1E, 4.1G or 4.2, and
(b)  that creates a lot other than for use for a public purpose, and
(c)  in the following zones—
(i)  Zone RU1 Primary Production,
(ii)  Zone RU2 Rural Landscape,
(iii)  Zone RU4 Primary Production Small Lots,
(iv)  Zone R5 Large Lot Residential,
(v)  Zone C4 Environmental Living.
(2)  Development consent must not be granted for a subdivision to which this clause applies unless the consent authority is satisfied that there is an area of land on the lot that is above flood planning level and is sufficient for the erection of a dwelling house.
(3)  For the purposes of subclause (2), an area of land is above flood planning level if the land is above the level of a 1:100 ARI (average recurrent interval) flood event (whether the level is a natural surface level or a level achieved by filling carried out with a previous development consent).
cl 4.2B: Am 2015 (8), Sch 1 [2]; 2022 (832), Sch 1.10[4].
4.3   Height of buildings
(1)  The objectives of this clause are as follows—
(a)  to protect privacy and the use of private open space in new development and on adjoining land,
(b)  to ensure that the bulk of development is not excessive and relates well to the local context,
(c)  to nominate heights that will provide a transition in built form and land use intensity,
(d)  to ensure an appropriate height transition between new buildings and heritage items.
(2)  The height of a building on any land is not to exceed the maximum height shown for the land on the Height of Buildings Map.
4.4   Floor space ratio
[Not adopted]
4.5   Calculation of floor space ratio and site area
[Not adopted]
4.6   Exceptions to development standards
(1)  The objectives of this clause are as follows—
(a)  to provide an appropriate degree of flexibility in applying certain development standards to particular development,
(b)  to achieve better outcomes for and from development by allowing flexibility in particular circumstances.
(2)  Development consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this clause does not apply to a development standard that is expressly excluded from the operation of this clause.
(3)  Development consent must not be granted to development that contravenes a development standard unless the consent authority is satisfied the applicant has demonstrated that—
(a)  compliance with the development standard is unreasonable or unnecessary in the circumstances, and
(b)  there are sufficient environmental planning grounds to justify the contravention of the development standard.
Note—
The Environmental Planning and Assessment Regulation 2021 requires a development application for development that proposes to contravene a development standard to be accompanied by a document setting out the grounds on which the applicant seeks to demonstrate the matters in paragraphs (a) and (b).
(4)  The consent authority must keep a record of its assessment carried out under subclause (3).
(5)    (Repealed)
(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 Zone RU3 Forestry or Zone RU6 Transition.
(7)    (Repealed)
(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 5.13B.
(8A)  This clause does not allow development consent to be granted for development that would contravene a development standard under clause 4.1, 4.1AA, 4.1A, 4.1C, 4.1D, 4.1E or 4.1G that applies to any of the following—
(a)  land in Zone RU5 Village,
(b)  land in Zone R2 Low Density Residential at Glossodia,
(c)  land identified as “Exceptions to Development Standards Area” on the Exceptions to Development Standards Map,
(d)  land identified as “Density Control” on the Pitt Town Subdivision and Designated State Public Infrastructure Map,
(e)  land identified as “Restricted Lot Yield” on the Restricted Lot Yield Map.
cl 4.6: Am 2014 (211), Sch 1 [1]; 2015 (8), Sch 1 [3] [4]; 2023 (554), Sch 2.12[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 SP2 Infrastructure and marked “Local road”
Council
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).
5.1A   Development on land intended to be acquired for public purposes
(1)  The objective of this clause is to limit development on certain land intended to be acquired for a public purpose.
(2)  This clause applies to land shown on the Land Reservation Acquisition Map and specified in Column 1 of the Table to this clause and that has not been acquired by the relevant authority of the State specified for the land in clause 5.1.
(3)  Development consent must not be granted to any development on land to which this clause applies other than development for a purpose specified opposite that land in Column 2 of that Table.
Column 1
Column 2
Land
Development
Zone SP2 Infrastructure and marked “Classified road”
Roads
Zone SP2 Infrastructure and marked “Local road”
Roads
Zone RE1 Public Recreation and marked “Local open space”
Recreation areas
5.2   Classification and reclassification of public land
(1)  The objective of this clause is to enable the Council to classify or reclassify public land as “operational land” or “community land” in accordance with Part 2 of Chapter 6 of the Local Government Act 1993.
Note—
Under the Local Government Act 1993, “public land” is generally land vested in or under the control of a council (other than roads and certain Crown land). The classification or reclassification of public land may also be made by a resolution of the Council under section 31, 32 or 33 of the Local Government Act 1993. Section 30 of that Act enables this Plan to discharge trusts on which public reserves are held if the land is reclassified under this Plan as operational land.
(2)  The public land described in Part 1 or Part 2 of Schedule 4 is classified, or reclassified, as operational land for the purposes of the Local Government Act 1993.
(3)  The public land described in Part 3 of Schedule 4 is classified, or reclassified, as community land for the purposes of the Local Government Act 1993.
(4)  The public land described in Part 1 of Schedule 4—
(a)  does not cease to be a public reserve to the extent (if any) that it is a public reserve, and
(b)  continues to be affected by any trusts, estates, interests, dedications, conditions, restrictions or covenants that affected the land before its classification, or reclassification, as operational land.
(5)  The public land described in Part 2 of Schedule 4, to the extent (if any) that it is a public reserve, ceases to be a public reserve when the description of the land is inserted into that Part and is discharged from all trusts, estates, interests, dedications, conditions, restrictions and covenants affecting the land or any part of the land, except—
(a)  those (if any) specified for the land in Column 3 of Part 2 of Schedule 4, and
(b)  any reservations that except land out of the Crown grant relating to the land, and
(c)  reservations of minerals (within the meaning of the Crown Land Management Act 2016).
Note—
In accordance with section 30(2) of the Local Government Act 1993, the approval of the Governor to subclause (5) applying to the public land concerned is required before the description of the land is inserted in Part 2 of Schedule 4.
5.3   Development near zone boundaries
(1)  The objective of this clause is to provide flexibility where the investigation of a site and its surroundings reveals that a use allowed on the other side of a zone boundary would enable a more logical and appropriate development of the site and be compatible with the planning objectives and land uses for the adjoining zone.
(2)  This clause applies to so much of any land that is within the relevant distance of a boundary between any 2 zones. The relevant distance is 20 metres.
(3)  This clause does not apply to—
(a)  land in Zone RE1 Public Recreation, Zone C1 National Parks and Nature Reserves, Zone C2 Environmental Conservation, Zone C3 Environmental Management or Zone W1 Natural Waterways, or
(b)  land within the coastal zone, or
(c)  land proposed to be developed for the purpose of sex services or restricted premises.
(4)  Despite the provisions of this Plan relating to the purposes for which development may be carried out, development consent may be granted to development of land to which this clause applies for any purpose that may be carried out in the adjoining zone, but only if the consent authority is satisfied that—
(a)  the development is not inconsistent with the objectives for development in both zones, and
(b)  the carrying out of the development is desirable due to compatible land use planning, infrastructure capacity and other planning principles relating to the efficient and timely development of land.
(5)  This clause does not prescribe a development standard that may be varied under this Plan.
5.4   Controls relating to miscellaneous permissible uses
(1) Bed and breakfast accommodation If development for the purposes of bed and breakfast accommodation is permitted under this Plan, the accommodation that is provided to guests must consist of no more than 4 bedrooms.
Note—
Any such development that provides for a certain number of guests or rooms may involve a change in the class of building under the Building Code of Australia.
(2) Home businesses If development for the purposes of a home business is permitted under this Plan, the carrying on of the business must not involve the use of more than 50 square metres of floor area.
(3) Home industries If development for the purposes of a home industry is permitted under this Plan, the carrying on of the home industry must not involve the use of more than 50 square metres of floor area.
(4) Industrial retail outlets If development for the purposes of an industrial retail outlet is permitted under this Plan, the retail floor area must not exceed—
(a)  20% 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 4 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 25 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 200 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 75 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)  10% 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 a rural zone, the floor area used for retail sales (not including any cafe or restaurant area) must not exceed—
(a)  20% of the gross floor area of the industry, or
(b)  400 square metres,
whichever is the lesser.
cl 5.4: Am 2018 (406), Sch 1.63 [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
(1)  The objective of this clause is to ensure appropriate environmental assessment for development carried out on land covered by tidal waters.
(2)  Development consent is required to carry out development on any land below the mean high water mark of any body of water subject to tidal influence (including the bed of any such water).
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 Hawkesbury,
(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
[Not applicable]
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 E3 Productivity Support, Zone MU1 Mixed Use, 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 Flood Risk Management Manual.
Flood Risk Management Manual means the Flood Risk Management Manual, ISBN 978-1-923076-17-4, published by the NSW Government in June 2023.
5.22   Special flood considerations
[Not adopted]
5.23   Public bushland
(1)  The objective of this clause is to protect and ensure the ecological viability of bushland, including rehabilitated areas in urban areas, by—
(a)  preserving biodiversity, habitat corridors and links between public bushland and other nearby bushland, and
(b)  preserving bushland as a natural stabiliser of the soil surface, and
(c)  preserving existing hydrological landforms, processes and functions, including natural drainage lines, watercourses, wetlands and foreshores, and
(d)  preserving the recreational, educational, scientific, aesthetic, environmental, ecological and cultural values and potential of bushland, and
(e)  mitigating disturbance caused by development.
(2)  Development that will disturb, or is reasonably likely to disturb, public bushland is permitted with development consent.
(3)  Development consent must not be granted to development that will disturb, or is reasonably likely to disturb, public bushland unless the consent authority is satisfied of the following—
(a)  the disturbance of the bushland is essential for a purpose in the public interest,
(b)  there is no reasonable alternative to the disturbance,
(c)  the development minimises the amount of bushland to be disturbed,
(d)  the development includes measures to remediate the disturbed bushland.
(4)  Despite subclause (2), development that will disturb, or is reasonably likely to disturb, public bushland is permitted without development consent if the development is for the following purposes—
(a)  the construction, operation or maintenance of pipelines to carry water, sewerage or gas or in accordance with a licence granted under the Pipelines Act 1967,
(b)  the construction, operation or maintenance of electricity or telecommunication lines,
(c)  bush fire hazard reduction,
(d)  the construction or maintenance of classified roads,
(e)  facilitating the recreational use of the public bushland.
(5)  Development specified in subclause (4)(e) is permitted without development consent only if it is carried out in accordance with a plan of management for the public bushland, adopted by the Council in the same way a plan of management is required to be adopted for community land under the Local Government Act 1993, Chapter 6, Part 2, Division 2, that includes measures for the following—
(a)  the recreational use of the land,
(b)  bush fire hazard reduction,
(c)  the prevention of degradation, including the alteration of drainage patterns, rubbish dumping, vehicle intrusion and infestation with weeds or non-native plants,
(d)  the remediation of degraded public bushland.
(6)  This clause does not require development consent for clearing of native vegetation if it is clearing of a kind that is authorised under the Local Land Services Act 2013, section 60O.
(7)  In deciding whether to grant development consent to development on land adjoining public bushland, the consent authority must consider the following—
(a)  the need to retain public bushland adjoining the site of the development,
(b)  the likely effect of the development on public bushland, including the following—
(i)  the erosion of soil,
(ii)  the siltation of streams and waterways,
(iii)  the spread of weeds and non-native plants within public bushland,
(c)  other matters the consent authority considers relevant to the protection and preservation of public bushland.
(8)  This clause does not apply to the following land that is public bushland—
(a)  land in Zone RU1, RU2, RU3, RU4 or RU5,
(b)  land reserved, dedicated or acquired under the National Parks and Wildlife Act 1974,
(c)  land within a State forest, flora reserve or timber reserve within the meaning of the Forestry Act 2012,
(e)  land north of the Colo River.
(9)  In this clause—
disturb public bushland means—
(a)  remove vegetation from public bushland, or
(b)  cause a change in the natural ecology of public bushland that results in the destruction or degradation of the public bushland.
non-native plant means a plant that is not native vegetation.
public bushland means land—
(a)  on which there is vegetation that is—
(i)  a remainder of the natural vegetation of the land, or
(ii)  representative of the structure and floristics of the natural vegetation of the land, and
(b)  that is owned, managed or reserved for open space or environmental conservation by the Council or a public authority.
cl 5.23: Ins 2022 (629), Sch 3.3[2].
5.24   Farm stay accommodation
(1)  The objectives of this clause are as follows—
(a)  to diversify the uses of agricultural land without adversely impacting the principal use of the land for primary production,
(b)  to balance the impact of tourism and related commercial uses with the use of land for primary production, the environment, scenic values, infrastructure and adjoining land uses,
(c)  to minimise adverse impacts on the amenity of the locality due to visual impacts, loss of character, noise or traffic generation,
(d)  to ensure that development is suitable having regard to the characteristics and constraints of the land including biodiversity values, water quality and bush fire and flooding impacts,
(e)  to ensure that development is compatible with surrounding land uses and to minimise land use conflicts.
(2)  Development consent must not be granted to development for the purposes of farm stay accommodation on a landholding unless the consent authority is satisfied all buildings or manufactured homes used to accommodate guests on the landholding will be—
(a)  on the same lot as an existing lawful dwelling house, or
(b)  on a lot of a size not less than the minimum lot size for a dwelling house to be permitted on the lot under an environmental planning instrument applying to the land.
(3)  Subclause (2) does not apply if the development is a change of use of an existing dwelling to farm stay accommodation.
(4)  Development consent must not be granted to development for the purposes of farm stay accommodation on land unless the consent authority has considered—
(a)  whether the development will result in noise or pollution that will have a significant adverse impact on the following on or near the land—
(i)  residential accommodation,
(ii)  primary production operations,
(iii)  other land uses, and
(b)  whether the development will have a significant adverse impact on the following on or near the land—
(i)  the visual amenity or heritage or scenic values,
(ii)  native or significant flora or fauna,
(iii)  water quality,
(iv)  traffic,
(v)  the safety of persons, and
(c)  whether the development is on bush fire prone land or flood prone land, and
(d)  the suitability of the land for the development, and
(e)  the compatibility of the development with nearby land uses.
cl 5.24: Subst 2023 (458), Sch 2.40[2].
5.25   Farm gate premises
(1)  The objectives of this clause are as follows—
(a)  to allow for tourism and related commercial uses on land used principally for primary production at a scale that does not adversely affect the principal use of the land for primary production,
(b)  to balance the impact of tourism and related commercial uses with the use of land for primary production, the environment, scenic values, infrastructure and adjoining land uses,
(c)  to retain the value and character of rural lands within Hawkesbury,
(d)  to foster and promote economic viability and diversity of rural land while retaining primary production on the land as the principal use,
(e)  to ensure that the land has the environmental capability to accommodate the development,
(f)  to minimise land use conflicts and adverse impacts on adjoining land or the locality.
(2)  Development consent must not be granted to development for the purposes of farm gate premises on land unless the consent authority has considered—
(a)  whether the development will result in noise or pollution that will have a significant adverse impact on the following on or near the land—
(i)  residential accommodation,
(ii)  primary production operations,
(iii)  other land uses, and
(b)  whether the development will have a significant adverse impact on the following on or near the land—
(i)  the visual amenity or heritage or scenic values,
(ii)  native or significant flora or fauna,
(iii)  water quality,
(iv)  traffic,
(v)  the safety of persons, and
(c)  whether the development is on bush fire prone land or flood prone land, and
(d)  the suitability of the land for the proposed development, and
(e)  the compatibility of the development with nearby land uses.
cl 5.25: Subst 2023 (458), Sch 2.40[2].
Part 5A
5.13A–5.13C  (Repealed)
pt 5A: Ins 2014 (211), Sch 1 [2]. Rep 2023 (554), Sch 2.12[2].
cl 5.13A: Ins 2014 (211), Sch 1 [2]. Am 2019 (621), Sch 1.5[1]. Rep 2023 (554), Sch 2.12[2].
cl 5.13B: Ins 2014 (211), Sch 1 [2]. Rep 2023 (554), Sch 2.12[2].
cl 5.13C: Ins 2014 (211), Sch 1 [2]. Rep 2023 (554), Sch 2.12[2].
Part 6 Additional local provisions
6.1   Acid sulfate soils
(1)  The objective of this clause is to ensure that development does not disturb, expose or drain acid sulfate soils and cause environmental damage.
(2)  Development consent is required for the carrying out of works described in the Table to this subclause on land shown on the Acid Sulfate Soils Map as being of the class specified for those works.
Class of land
Works
1
Any works.
2
Works below the natural ground surface.
Works by which the watertable is likely to be lowered.
3
Works more than 1 metre below the natural ground surface.
Works by which the watertable is likely to be lowered more than 1 metre below the natural ground surface.
4
Works more than 2 metres below the natural ground surface.
Works by which the watertable is likely to be lowered more than 2 metres below the natural ground surface.
5
Works within 500 metres of adjacent Class 1, 2, 3 or 4 land that is below 5 metres Australian Height Datum and by which the watertable is likely to be lowered below 1 metre Australian Height Datum on adjacent Class 1, 2, 3 or 4 land.
(3)  Development consent must not be granted under this clause for the carrying out of works unless an acid sulfate soils management plan has been prepared for the proposed works in accordance with the Acid Sulfate Soils Manual and has been provided to the consent authority.
(4)  Despite subclause (2), development consent is not required under this clause for the carrying out of works if—
(a)  a preliminary assessment of the proposed works prepared in accordance with the Acid Sulfate Soils Manual indicates that an acid sulfate soils management plan is not required for the works, and
(b)  the preliminary assessment has been provided to the consent authority and the consent authority has confirmed the assessment by notice in writing to the person proposing to carry out the works.
(5)  Despite subclause (2), development consent is not required under this clause for the carrying out of any of the following works by a public authority (including ancillary work such as excavation, construction of access ways or the supply of power)—
(a)  emergency work, being the repair or replacement of the works of the public authority required to be carried out urgently because the works have been damaged, have ceased to function or pose a risk to the environment or to public health and safety,
(b)  routine maintenance work, being the periodic inspection, cleaning, repair or replacement of the works of the public authority (other than work that involves the disturbance of more than 1 tonne of soil),
(c)  minor work, being work that costs less than $20,000 (other than drainage work).
(6)  Despite subclause (2), development consent is not required under this clause to carry out any works if—
(a)  the works involve the disturbance of less than 1 tonne of soil, such as occurs in carrying out agriculture, the construction or maintenance of drains, extractive industries, dredging, the construction of artificial water bodies (including canals, dams and detention basins), foundations or flood mitigation works, or
(b)  the works are not likely to lower the watertable.
6.2   Earthworks
(1)  The objectives of this clause are as follows—
(a)  to ensure that earthworks for which development consent is required will not have a detrimental impact on environmental functions and processes, neighbouring uses, cultural or heritage items or features of the surrounding land,
(b)  to allow earthworks of a minor nature without requiring separate development consent.
(2)  Development consent is required for earthworks unless—
(a)  the earthworks are exempt development under this Plan or another applicable environmental planning instrument, or
(b)  the earthworks are ancillary to other development for which development consent has been given.
(3)  Before granting development consent for earthworks, the consent authority must consider the following matters—
(a)  the likely disruption of, or any detrimental effect on, existing drainage patterns and soil stability in the locality,
(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 watercourse, 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 disturbing or excavating land and Aboriginal objects.
6.3   (Repealed)
cl 6.3: Rep 2021 (225), Sch 1.
6.4   Terrestrial biodiversity
(1)  The objective of this clause is to maintain terrestrial biodiversity by—
(a)  protecting native fauna and flora, and
(b)  protecting the ecological processes necessary for their continued existence, and
(c)  encouraging the conservation and recovery of native fauna and flora and their habitats.
(2)  This clause applies to land identified as “Significant vegetation” and “Connectivity between significant vegetation” on the Terrestrial Biodiversity Map.
(3)  Before determining a development application for development on land to which this clause applies, the consent authority must consider—
(a)  whether the development—
(i)  is likely to have any adverse impact on the condition, ecological value and significance of the fauna and flora on the land, and
(ii)  is likely to have any adverse impact on the importance of the vegetation on the land to the habitat and survival of native fauna, and
(iii)  has any potential to fragment, disturb or diminish the biodiversity structure, function and composition of the land, and
(iv)  is likely to have any adverse impact on the habitat elements providing connectivity on the land.
(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.
6.5   Wetlands
(1)  The objective of this clause is to ensure that wetlands are preserved and protected from the impacts of development.
(2)  This clause applies to land identified as “Wetlands” on the Wetlands 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 significant adverse impact on the following—
(i)  the condition and significance of the existing native fauna and flora on the land,
(ii)  the provision and quality of habitats on the land for indigenous and migratory species,
(iii)  the surface and groundwater characteristics of the land, including water quality, natural water flows and salinity,
(iv)  the growth and survival of native fauna and flora,
(v)  any wetlands in the vicinity of the development, 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—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   Development in areas subject to aircraft noise
(1)  The objectives of this clause are as follows—
(a)  to prevent certain noise sensitive developments from being located near the RAAF Base Richmond and its flight paths,
(b)  to assist in minimising the impact of aircraft noise from that airport and its flight paths by requiring appropriate noise attenuation measures in noise sensitive buildings,
(c)  to ensure that land use and development in the vicinity of that airport do not hinder or have any other adverse impacts on the ongoing, safe and efficient operation of that airport.
(2)  This clause applies to development that—
(a)  is on land that—
(i)  is near the RAAF Base Richmond, and
(ii)  is in an ANEF contour of 20 or greater, and
(b)  the consent authority considers is likely to be adversely affected by aircraft noise.
(3)  Before determining a development application for development to which this clause applies, the consent authority—
(a)  must consider whether the development will result in an increase in the number of dwellings or people affected by aircraft noise, and
(b)  must consider the location of the development in relation to the criteria set out in Table 2.1 (Building Site Acceptability Based on ANEF Zones) in AS 2021—2000, and
(c)  must be satisfied the development will meet the indoor design sound levels shown in Table 3.3 (Indoor Design Sound Levels for Determination of Aircraft Noise Reduction) in AS 2021—2000.
(4)  In this clause—
ANEF contour means a noise exposure contour shown as an ANEF contour on the Noise Exposure Forecast Contour Map for the RAAF Base Richmond prepared by the Department of the Commonwealth responsible for airports.
AS 2021—2000 means AS 2021—2000, Acoustics—Aircraft noise intrusion—Building siting and construction.
6.7   Essential services
Development consent must not be granted to development unless the consent authority is satisfied that any of the following services that are essential for the proposed development are available or that adequate arrangements have been made to make them available when required—
(a)  the supply of water,
(b)  the supply of electricity,
(c)  the disposal and management of sewage,
(d)  stormwater drainage or on-site conservation,
(e)  suitable road access.
6.8   (Repealed)
cl 6.8: Am 2019 (621), Sch 1.5[2]. Rep 2023 (554), Sch 2.12[3].
6.9   Additional requirements for subdividing in Pitt Town Heritage Area
(1)  This clause applies to land identified as a “Potential archaeological site” or a “Potential place of Aboriginal heritage significance” on the Pitt Town Heritage Map.
(2)  Development consent must not be granted for the subdivision of land to which this clause applies unless the consent authority has, in addition to any other requirement specified by this Plan—
(a)  considered a heritage impact statement that explains how the development will affect the conservation of the site and any relic or Aboriginal object known or reasonably likely to be located at the site, and
(b)  in relation to any potential place of Aboriginal heritage significance—notified the local Aboriginal communities (in such a way as it thinks appropriate) of the development application and taken into consideration any comments received in response within 21 days after the notice was sent.
(3)  This clause does not apply to the subdivision of land to which clause 5.10(2)(f) applies.
Note—
Before the development is carried out, it may also be necessary to obtain an excavation permit under the Heritage Act 1977 and consent or permission under the National Parks and Wildlife Act 1974.
6.10   Certain development on Lot 1, DP 827148, Hawkesbury Valley Way, Clarendon
(1)  This clause applies to Lot 1, DP 827148, Hawkesbury Valley Way, Clarendon.
(2)  Despite any other provision of this Plan, development consent must not be granted for the carrying out of development on the land to which this clause applies unless the consent authority has consulted with the Department of Defence about the following matters and has taken into consideration any submission made by the Department of Defence within 28 days of the consultation—
(a)  the effect the development may have on the aircraft operations of the RAAF Base Richmond,
(b)  the height of any proposed building, having regard to any Obstruction Clearance Surfaces (OCS) applying to the land as determined by the Department of Defence from time to time,
(c)  the reflectivity of materials to be used on any building,
(d)  whether any building to be erected satisfies AS 2021—2000, Acoustics—Aircraft noise intrusion—Building siting and construction,
(e)  birdlife attraction,
(f)  any other matter the Department of Defence considers relevant.
cl 6.10: Am 2020 (784), Sch 1[10].
6.11   Residential accommodation at Johnston and New Streets, Windsor
(1)  Despite any other provision of this Plan, development consent must not be granted for the purpose of residential accommodation, on any lot described in the Table to this clause, if that development would increase the number of dwellings on that lot, unless—
(a)  no dwelling is lawfully situated on that lot, and
(b)  the relevant lot is suitable for residential accommodation, and
(c)  the development is for the erection of no more than one dwelling.
(2)  In this clause—
residential accommodation does not include hostels or rural workers’ dwellings.
Property description
Address
Part Lot 20, DP 1114152
Land on the south western side of Johnston Street, Windsor (off 227 George Street including the walkway to New Street)
Lot 1, DP 70063
17 Johnston Street, Windsor
SP 49911
19 Johnston Street, Windsor
Lot 1, DP 800664
25 Johnston Street, Windsor
Lots 11 and 12, DP 854037
2 New Street, Windsor
Lot 1, DP 1114150
4 New Street, Windsor
Lot 6, DP 1066233
6 New Street, Windsor
Lot 8, DP 1066324
8 New Street, Windsor
cl 6.11: Am 2020 (784), Sch 1[11].
6.12   Certain development at Richmond Lowlands
(1)  This clause applies to that part of the following land that is within Zone RU2 Rural Landscape—
(a)  Lot 1, DP 70128,
(b)  Lot 1, DP 77207,
(c)  Lot 1, DP 120794,
(d)  Lot A, DP 365391,
(e)  Lot 27, DP 566434,
(f)  Lot 1, DP 659412,
(g)  Lot 25, DP 663770,
(h)  Lot 1, DP 797310,
(i)  Lot 1, DP 972649,
(j)  Lot 1, DP 997086,
(k)  Lots 1–3, DP 997087,
(l)  Lot 25, DP 1100252,
(m)  Lots 4 and 5, DP 1120860,
(n)  Lots 1 and 2, DP 1168610.
(2)  The objective of this clause is to facilitate development in connection with the World Polo Championship 2017.
(3)  Consent may be granted to development on land to which this clause applies for the purposes of recreation facilities (major) (including associated car parking facilities, horse training and stabling areas, exhibition and hospitality areas, and events promotion areas).
(4)  Development consent must not be granted under this clause unless the consent authority is satisfied that—
(a)  the development is for the purposes of the World Polo Championship 2017 only, and
(b)  the land will, as far as practicable, be restored to its existing condition after the World Polo Championship 2017.
(5)  Development consent must not be granted under this clause to development that is likely to increase visitation to the land to which this clause applies, unless the consent authority is satisfied that a risk management and evacuation plan has been prepared in consultation with the State Emergency Service.
(6)  This clause ceases to apply on 31 December 2017.
cl 6.12: Ins 2017 (169), Sch 1.
6.13   Development of land at 2A and 4–8 Hawkesbury Valley Way and 383–395 George Street, Windsor
(1)  This clause applies to the following land—
(a)  2A and 4–8 Hawkesbury Valley Way, Windsor, being Lot A, DP 108510 and Lots 11–13, DP 16626,
(b)  383–395 George Street, Windsor, being Lot 13, DP 1089172 and Lots 7–12, DP 1093.
(2)  Development consent must not be granted for the purpose of shop top housing on land to which this clause applies if the development would result in more than 10 dwellings on the land.
cl 6.13: Ins 2020 (132), cl 5.
6.14   Temporary use of structures for “Tutti Fruitti Cafe” on certain land at Kurrajong Heights
(1)  This clause applies to development on land at 1917 Bells Line of Road, Kurrajong Heights, known as the site of the “Tutti Fruitti Cafe”.
(2)  Development for the following purposes is exempt development on land to which this clause applies—
(a)  the installation and temporary use of a shipping container,
(b)  the installation and temporary use of a storage shed, including an associated roof structure and awning,
(c)  the installation and use of an outbuilding for the purpose of providing amenities.
(3)  To be exempt development under this clause, the development must—
(a)  be removed no later than 2 years after it is installed, and
(b)  not be used for a purpose other than a restaurant or cafe, and
(c)  have appropriate foundations and structural support to ensure that it is safe and stable, and
(d)  for the cumulative total size of the shipping containers and storage shed taken together, not exceed the following—
(i)  a length of 12m,
(ii)  a height of 4.5m,
(iii)  a width of 9m, and
(e)  not result in more than 2 shipping containers, 1 storage shed and 1 outbuilding installed on the land to which this clause applies, and
(f)  not affect the means of egress from a building in an emergency, and
(g)  be installed so that roof water is disposed of without causing a nuisance to adjoining owners, and
(h)  not be installed over an easement, and
(i)  not be installed over drainage pipes or house drainage pipelines unless access to the inspection openings is maintained at all times, and
(j)  if it contains plumbing fixtures—have those fixtures connected to an approved waste water treatment device or an approved connection to the sewer, and
(k)  not involve the removal or pruning of a tree or other vegetation that requires a permit or development consent for removal or pruning, unless that removal or pruning is undertaken in accordance with a permit or development consent, and
(l)  be installed in accordance with the manufacturer’s specifications, if applicable.
Note—
The Food Act 2003, and the regulations under that Act, may contain additional requirements in relation to premises used by a food business in connection with the handling of food intended for sale.
cl 6.14: Ins 2020 (630), Sch 1.
6.15   Development of certain land at Kurmond—concurrence of Planning Secretary
(1)  This clause applies to land at Kurmond identified as “A” on the Clause Application Map.
(2)  Development consent must not be granted to development on land to which this clause applies unless the consent authority has obtained the concurrence of the Planning Secretary.
(3)  The Planning Secretary must not grant concurrence unless satisfied the impacts of the development on the Cumberland Land Snail and the Green and Golden Bell Frog will be adequately managed.
cl 6.15: Ins 2021 (799), cl 5(1).
6.16   Public utility infrastructure
(1)  Development consent must not be granted to development on land identified as “Urban Release Area” on the Urban Release Area Map unless the consent authority is satisfied that—
(a)  the public utility infrastructure essential for the development is available, or
(b)  adequate arrangements have been made to ensure the infrastructure will be available when required.
(2)  This clause does not apply to development for the purpose of providing, extending, augmenting, maintaining or repairing public utility infrastructure.
(3)  In this clause—
public utility infrastructure includes infrastructure for the following—
(a)  the supply of water,
(b)  the supply of electricity,
(c)  the disposal and management of sewage.
cl 6.16: Ins 2023 (554), Sch 2.12[4].
Schedule 1 Additional permitted uses
(Clause 2.5)
1   Use of certain land at 15B Racecourse Road, Clarendon
(1)  This clause applies to land at 15B Racecourse Road, Clarendon, being Lot 2, DP 1110480.
(2)  Development for the purposes of tourist and visitor accommodation is permitted with consent.
2   Use of certain land at 3351 Singleton Road, Colo Heights
(1)  This clause applies to land at 3351 Singleton Road, Colo Heights, being Lot 69, DP 753774.
(2)  Development for the purposes of a service station is permitted with consent.
3   Use of certain land at 23 Coromandel Road, Ebenezer
(1)  This clause applies to land at 23 Coromandel Road, Ebenezer, being Lot 1, DP 824014.
(2)  Development for the purposes of a dwelling house is permitted with consent.
4   Use of certain land at part of Hawkesbury River as shown on the Additional Permitted Uses Map
(1)  This clause applies to land at part of Hawkesbury River identified as “1” on the Additional Permitted Uses Map.
(2)  Development for the purposes of extractive industry is permitted with consent.
5   (Repealed)
6   Use of certain land at 8 Groves Avenue, Mulgrave
(1)  This clause applies to land at 8 Groves Avenue, Mulgrave, being Lot 1, DP 1038365.
(2)  Development for the purposes of shops is permitted with consent.
7   Use of certain land at 60 Bells Line of Road, North Richmond
(1)  This clause applies to land at 60 Bells Line of Road, North Richmond, being Lot 1, DP 783403 (formally known as Lot B, DP 158512).
(2)  Development for the purposes of office premises is permitted with consent.
8   Use of certain land at 81–87 Bells Line Of Road, North Richmond
(1)  This clause applies to land at 81–87 Bells Line Of Road, North Richmond, being Lot 1, DP 834702.
(2)  Development for the purposes of a service station is permitted with consent.
9   Use of certain land at Pitt Town as shown on the Additional Permitted Uses Map
(1)  This clause applies to land at Pitt Town identified as “2” on the Additional Permitted Uses Map.
(2)  Development for the purposes of community facilities is permitted with consent.
10   Use of certain land at 87 Windsor Street, Richmond
(1)  This clause applies to land at 87 Windsor Street, Richmond, being Lot 4, DP 507956.
(2)  Development for the purposes of office premises is permitted with consent.
11   Use of certain land at 739 George Street, South Windsor
(1)  This clause applies to land at 739–741 George Street, South Windsor, being Lots 11 and 12, DP 1184975.
(2)  Development for the purposes of a service station is permitted with consent.
12   Use of certain land at 5A Curtis Road, Vineyard
(1)  This clause applies to land at 5A Curtis Road, Vineyard, being Lot 6, DP 270412.
(2)  Development for the purposes of shops is permitted with consent.
13   Use of certain land at 5B Curtis Road, Vineyard
(1)  This clause applies to land at 5B Curtis Road, Vineyard, being SP 73477.
(2)  Development for the purposes of shops is permitted with consent.
14   Use of certain land at 535 Wilberforce Road, Wilberforce
(1)  This clause applies to land at 535 Wilberforce Road, Wilberforce, being Lot 1, DP 846501.
(2)  Development for the purposes of a service station is permitted with consent.
15   Use of certain land at 122–130 Macquarie Street, Windsor
(1)  This clause applies to land at 122–130 Macquarie Street, Windsor, being Lot 381, DP 595952, Lot 380, DP 818974, Lot 1, DP 797152 and Lot 1, DP 613929.
(2)  Development for the purposes of office premises and a medical centre is permitted with consent.
16   Use of certain land at Windsor Downs as shown on the Additional Permitted Uses Map
(1)  This clause applies to land at Windsor Downs identified as “3” on the Additional Permitted Uses Map.
(2)  Development for the purposes of a dual occupancy (attached) is permitted with consent.
17   Use of certain land at 389 Old Hawkesbury Road, Vineyard
(1)  This clause applies to land at 389 Old Hawkesbury Road, Vineyard, being part of Lot 53, DP 593354, identified as “4” on the Additional Permitted Uses Map.
(2)  Development for the purposes of sawmill or log processing works, timber yards and associated car parking is permitted with consent if the total area of the land on which that development is carried out is not greater than 10,000m2.
(3)  Subclause (2) does not apply to a development application lodged more than 2 years after the commencement of the Hawkesbury Local Environmental Plan 2012 (Amendment No 3).
18   Use of certain land at 541 Windsor Road, Vineyard
(1)  This clause applies to land at 541 Windsor Road, Vineyard, being part of Lot 5, DP 536674, identified as “5” on the Additional Permitted Uses Map.
(2)  Development for the purposes of light industries that relate to saw manufacturing and repairs, industrial retail outlets and associated car parking is permitted with consent if the total area of the land on which that development is carried out is not greater than 3,000m2.
(3)  Development consent under subclause (2) must not be granted for the purposes of industrial retail outlets if the total gross floor area of the development is greater than 150m2.
(4)  Subclause (2) does not apply to a development application lodged more than 2 years after the commencement of the Hawkesbury Local Environmental Plan 2012 (Amendment No 3).
19   Use of certain land at 541–547 Windsor Road, Vineyard
(1)  This clause applies to land at 541–547 Windsor Road, Vineyard, being part of Lot 5, DP 536674 and Lots 10 and 11, DP 1080426, identified as “6” on the Additional Permitted Uses Map.
(2)  Development for the purposes of hardware and building supplies, vehicle sales or hire premises (but only in relation to the hire of trailers) and associated car parking is permitted with consent if the total area of the land on which that development is carried out is not greater than 5,000m2.
(3)  Development consent under subclause (2) must not be granted—
(a)  for the purposes of hardware and building supplies if the total gross floor area of the development is greater than 250m2, or
(b)  for the purposes of vehicle sales or hire premises if the total gross floor area of the development is greater than 325m2.
(4)  Subclause (2) does not apply to a development application lodged more than 2 years after the commencement of the Hawkesbury Local Environmental Plan 2012 (Amendment No 3).
20   Use of certain land at Glossodia
(1)  This clause applies to the part of the land at Glossodia identified as “7” on the Additional Permitted Uses Map that is in Zone R2 Low Density Residential or Zone R5 Large Lot Residential.
(2)  Development for the purposes of a single food and drink premises and associated car parking facilities is permitted with development consent.
(3)  Development consent must not be granted under this clause unless—
(a)  the development is for the purposes of—
(i)  a restaurant or cafe, or
(ii)  a take away food and drink premises, and
(b)  the gross floor area of the food and drink premises will not be more than 200 square metres.
sch 1: Am 2014 (36), Sch 1; 2020 (784), Sch 1[12]; 2021 (573), Sch 1; 2022 (832), Sch 1.10[7].
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.
Community event or festival involving parades, stalls, amusement devices and public entertainment (and includes fairs and fundraising events carried out by charitable and non-profit organisations) but only if carried out for not more than 14 days in any calendar year on land in public ownership
(1)  No amplified noise.
(2)  Daylight hours only.
Signs—general requirements
(1)  Must not be moving, illuminated or flashing.
(2)  Must not be placed above awnings or on the roof of buildings.
(3)  Must be at least 600mm from any public road.
(4)  Must be at least 2.6m above any public footpath.
(5)  Must relate to the lawful use of the premises (except temporary signs).
(6)  Must be within the boundary of the property to which it applies, unless in an employment zone.
(7)  Must have the consent of the owner of the property on which the sign is located.
Signs—business identification signs for businesses other than sex services premises in employment zones
(1) Under awning sign
(a)  Must be attached to the underside of an awning other than a fascia or return end.
(b)  Must meet the general requirements for signs.
(c)  1 sign per ground floor premises with street frontage.
(d)  Maximum length—2.5m.
(e)  Maximum height—0.5m.
(2) Flush wall sign
(a)  Must be attached to the wall of a building (other than the transom of a doorway or display window) and not projecting more than 300mm.
(b)  Must meet the general requirements for signs.
(c)  Maximum area—2.5m2.
(3) Top hamper sign
(a)  Must be attached to the transom of a doorway or display window of a building.
(b)  Must meet the general requirements for signs.
(c)  Maximum area—2.5m2.
(4) Fascia signs
(a)  Must be attached to the fascia or return of the awning.
(b)  Must meet the general requirements for signs.
(c)  Must not project over, or more than 50mm out from, the fascia or return end of the awning to which it is attached.
(5) Pylon signs
(a)  Must meet the general requirements for signs.
(b)  1 pole or pylon sign per premises (including any directory board for multiple occupancies).
(c)  Maximum height of sign—6m.
(d)  Must be within 5m of any public entry point to the premises.
Signs—business identification signs in residential, rural and conservation zones
(1)  Must meet the general requirements for signs.
(2)  1 sign per premises.
(3)  Maximum area—0.75m2.
(4)  Maximum height—2.5m.
Signs—in a site, but not visible from outside of that site (other than sex services premises)
Must meet the general requirements for signs.
Signs—real estate signs (advertising land development)
(1)  Must meet the general requirements for signs.
(2)  Maximum area—6m2 for each 25 lots.
Signs—real estate signs (advertising premises or land for sale or rent) in employment zones
(1)  Must meet the general requirements for signs.
(2)  Maximum area—4m2.
(3)  Maximum height—3m.
(4)  Must be within the boundary of the advertised property.
(5)  Must be removed within 14 days after the premises or land is sold or let.
Signs—real estate signs (advertising premises or land for sale or rent) in residential, rural or conservation zones
(1)  Must meet the general requirements for signs.
(2)  1 sign per street/road frontage.
(3)  Maximum area—2.5m2.
(4)  Maximum height—2m.
(5)  Must be within the boundary of the advertised property.
(6)  Must be removed within 14 days after the premises or land is sold or let.
Signs—shop window signs in employment zones (other than sex services premises)
(1)  Must meet the general requirements for signs.
(2)  Must not occupy more than 25% of the area of the window.
Signs—temporary signs for religious, cultural, social or recreational events
(1)  Must meet the general requirements for signs.
(2)  1 sign per street frontage.
(3)  Maximum area—2.5m2 and maximum height—2m in residential, rural and conservation zones.
(4)  Maximum area—4m2 and maximum height—3m in employment zones.
(5)  Must not include commercial advertising apart from name of event sponsor.
(6)  Must not be displayed earlier than 14 days before, or later than 2 days after, the event.
(7)  Must not be used in relation to weekly or monthly recurring events.
Signs—sandwich boards (A frame)
(1)  If located on private property in employment zones—
(a)  maximum area 2.4m2 on each of the 2 faces, and
(b)  maximum of 1 sign per business.
(2)  If located on council property and public places—
(a)  maximum area 1.2m2 on each of the 2 faces, and
(b)  must not to be placed so as to obstruct pedestrians or the view of drivers of motor vehicles, and
(c)  must be located no more than 5m from the business to which it relates, and
(d)  maximum of 1 sign per business.
Markets
(1)  Must take place on the following—
(a)  public land owned by, or under the control of, the Council,
(b)  a public road for which the Council is the roads authority under the Roads Act 1993.
(2)  Must have access and egress for pedestrians and emergency vehicles.
(3)  Must not include the erection of a permanent structure.
Recreation areas
(1)  Must only be used for the purposes of concerts, events, festivals, functions, exhibitions, parades and weddings.
(2)  Must take place on the following—
(a)  public land owned by, or under the control of, the Council,
(b)  a public road for which the Council is the roads authority under the Roads Act 1993.
(3)  Must have access and egress for pedestrians and emergency vehicles.
(4)  Must not include the erection of a permanent structure.
(5)  Must not permanently occupy the land or road.
(6)  Must not involve any permanent physical change to the land or road.
sch 2: Am 2020 (784), Sch 1[13]; 2022 (832), Sch 1.10[8]–[15]; 2024 (42), Sch 1.22.
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
Building alterations and additions (external) to industrial buildings in Zone E4
(1)  Total area of all additions must not exceed 1,000m2.
(2)  Must not be carried out on land—
(a)  in Zone C2 Environmental Conservation, or within 20 metres of land so zoned, or
(b)  that is lower than 1.2m below the 1 in 100 year flood level for the land, or
(c)  that is significantly contaminated land within the meaning of the Contaminated Land Management Act 1997, or
(d)  that is on a register maintained by the Council as land that is subject to landslip, or
(e)  that is identified on the Acid Sulfate Soils Map as land containing potential acid sulfate soils of Class 1, 2 or 3, or
(f)  that is a Riverine Scenic Area or a Hawkesbury-Nepean conservation area sub-catchment under State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chapter 6.
(3)  Maximum height above ground level (existing)—9m.
(4)  Must be set back from the front property boundary—
(a)  on classified roads—15m, and
(b)  on all other roads—10m.
(5)  Must not be on a corner lot or a lot that is adjacent to land in a residential or recreation zone.
(6)  Earthworks must not extend more than—
(a)  900mm above ground level (existing), or
(b)  600mm below ground level (existing).
(7)  Must provide and maintain, adjacent to any street boundary, a landscaped area with a minimum width of 5m that is designed by a suitably qualified landscape architect. Car parking spaces are not to be provided for in this area.
(8)  Must ensure that there are in each landscaped area at least 3 trees (that grow to a mature height of over 5m), 6 shrubs (that grow to a mature height of over 1.5m) and 20 smaller plants.
(9)  Building facades to street frontages must be constructed predominantly of face brick, concrete panels or pre-coloured masonry blocks (not standard concrete blocks) or glazing.
(10)  Roller shutters and loading docks must not face the street frontage.
(11)  Maximum reflectivity index permissible for any external glazing—20%.
(12)  The colour scheme and design features must unify all additions to the premises.
(13)  Any fencing must be provided behind the landscaped area and must not be prepainted solid metal fencing.
(14)  Must provide car parking spaces for additions to building area of at least—
(a)  4 car parking spaces for any part of the first 300m2 of additional gross floor area, and
(b)  1 car parking space for each additional 90m2, or part thereof, of additional gross floor area.
(15)  Must provide at least 1 car parking space for each 30m2, or part thereof, of additional gross floor area proposed to be used for the purpose of office premises.
(16)  Car parking spaces must be perpendicular to the driveway and at least 5.5m long and 2.6m wide with a minimum driveway width of 6.7m.
(17)  Any additional driveway must be at least 1m from the closest property boundary.
(18)  On-site manoeuvring areas must be of sufficient size to permit all vehicles to enter and exit the site in a forward direction.
(19)  Garbage and storage areas must be located behind the building line and be screened from the road and adjoining land.
(20)  Any additional roof or surface drainage area must have a gravity fed drainage system that—
(a)  captures the water from the additional roof or surface drainage area, and
(b)  discharges that water into the inter-allotment or street stormwater drainage system, and
(c)  limits the rate of that discharge into Council’s kerb and gutter to less than 20 litres per second per outlet, and
(d)  is constructed of Rolled Hollow Section (RHS) not greater than 100mm in height with not more than two outlets located adjacent to each other, and
(e)  does not permit the post-development flow rate to exceed the pre-development flow rate for all recurrence intervals from the 1 year event to the 100 year event.
(21)  All additions must be connected to a reticulated sewerage system.
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.
Conditions relating to building alterations and additions (external) to industrial building in Zone E4
Required payments Evidence of any payments required in relation to any of the following must be provided to the Council on or before the lodging of the complying development certificate with the Council—
(a)  developer, sewerage, drainage or stormwater contributions,
(b)  road reserve deposits,
(c)  opening of roads,
(d)  inspections,
(e)  long service levy.
Conditions applying during the works
Survey—industrial buildings and additions The building must be set out by a registered surveyor. The survey certificate of the building showing the position of the external walls under construction and in compliance with the approved plans must be lodged with the principal certifying authority.
Construction requirements
Parking, driveways and turning areas Off-street car parking spaces, together with access driveways and turning areas, must be constructed, paved, line marked, signposted and maintained.
Before issue of occupation certificate
Where required—
(a)  a Section 73 Certificate from Sydney Water must be submitted to the principal certifying authority,
(b)  written clearance from Integral Energy must be submitted to the principal certifying authority.
sch 3: Am 2022 (629), Sch 3.3[3]; 2022 (832), Sch 1.10[16]–[18].
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
Bligh Park, 11A Peter Place
Lot 102, DP 849072
McGraths Hill
Lot 249, DP 1150102
McGraths Hill, 254 Windsor Road
Lot 8, DP 804460
North Richmond, 23 Bells Line of Road
Lot 1, DP 832969
North Richmond, 31 Bells Line of Road
Lot 10, DP 801727
North Richmond, 33 Bells Line of Road
Lot 19, Section A, DP 17017
North Richmond, 39A Bells Line of Road
Lot 6, DP 748866
North Richmond, 47A Bells Line of Road
Lot 122, DP 771719
North Richmond, 49B Bells Line of Road
Lot 102, DP 776172
North Richmond, 22 Elizabeth Street
Lots 56–59, DP 236754
North Richmond, 3 Grose Vale Road
Lot 2, DP 748866
North Richmond, 3A Grose Vale Road
Lot 4, DP 748866
North Richmond, 3B Grose Vale Road
Lot 101, DP 776172
North Richmond, 5 Grose Vale Road
Lot 82, DP 634539
North Richmond, 9 Grose Vale Road
Lot 1, DP 1127035
North Richmond, 2 Riverview Street
Lot 17, Section B, DP 17017
North Richmond, 4 Riverview Street
Lot 18, Section B, DP 17017
North Richmond, 10A Riverview Street
Lot 3, DP 748082
North Richmond, 20 Riverview Street
Lot 9, Section B, DP 17017
North Richmond, 22 Riverview Street
Lot 8, Section B, DP 17017
North Richmond, 24A Riverview Street
Lot 123, DP 774812
North Richmond, 32A Riverview Street
Lot 104, DP 785779
Richmond, 11 East Market Street
Lot 18, DP 236567
Richmond, 11A East Market Street
Lot 17, DP 236567
Richmond, 11B East Market Street
Lot 2, DP 561996
Richmond, 11C East Market Street
Lot 15, DP 236567
Richmond, 11D East Market Street
Lot 12, DP 236567
Richmond, 11E East Market Street
Lot 11, DP 236567
Richmond, 11F East Market Street
Lot 10, DP 236567
Richmond, 11G East Market Street
Lot 9, DP 236567
Richmond, 11H East Market Street
Lot 14, DP 236567
Richmond, 11I East Market Street
Lot 13, DP 236567
Richmond, 122 Francis Street
Lot 1, DP 567637
Richmond, 124 Francis Street
Lot 14, DP 578972
Richmond, 126 Francis Street
Lot 7, DP 738003
Richmond, 128A Francis Street
Lot 2, DP 1008837
Richmond, 110 March Street
Lot 6, DP 560899
Richmond, 5 Mussen Lane
Lot 4, DP 223656
Richmond, 8 Mussen Lane
Lot 4, DP 738084
Richmond, 7 West Market Street
Lot 3, DP 1173020
Richmond, 12 West Market Street
Lot 1, DP 236567
Richmond, 12A West Market Street
Lot 4, DP 236567
Richmond, 12B West Market Street
Lot 5, DP 236567
Richmond, 12C West Market Street
Lot 6, DP 236567
Richmond, 12D West Market Street
Lot 7, DP 236567
Richmond, 12E West Market Street
Lot 8, DP 236567
Richmond, 12F West Market Street
Lot 3, DP 236567
Richmond, 14B West Market Street
Lot 221, DP 1088937
Richmond, 14D West Market Street
Lot 222, DP 1088938
Richmond, 23 West Market Street
Lot 6, DP 738084
Richmond, 185A Windsor Street
Lot 2, DP 554317
Richmond, 255A Windsor Street
Lot 223, DP 1088987
Richmond, 263A Windsor Street
Lot 102, DP 870478
South Windsor, 22 Berger Road
Lot 336, DP 752061
St Albans, 1672 St Albans Road
Lot 7303, DP 1157507
Vineyard, 9 Industry Road
Lot 9, DP 1149340
Vineyard, 312 Windsor Road
Lot 6, DP 777933 and Lot 13, DP 815849
Windsor, George Street
Lots 102 and 103, DP 737270
Windsor, 45 Macquarie Street
Lot 5, DP 259300
Windsor Downs, 23 Burnside Grove
Lot 698, DP 835336
Windsor Downs, 18 Nutwood Drive
Lot 1137, DP 834695
Part 2 Land classified, or reclassified, as operational land—interests changed
Column 1
Column 2
Column 3
Locality
Description
Any trusts etc not discharged
Pitt Town, 7 Fernadell Drive
Part of Lot 6028, DP 1169449, identified as “Operational Land” on the Land Reclassification (Part Lots) Map
Nil
Part 3 Land classified, or reclassified, as community land
Column 1
Column 2
Locality
Description
Nil
 
sch 4: Am 2020 (784), Sch 1[14]; 2021 (787), Sch 1[1] [2].
Schedule 5 Environmental heritage
(Clause 5.10)
Part 1 Heritage items
Suburb
Item name
Address
Property description
Significance
Item no
Agnes Banks
“Bronte”
248 Castlereagh Road
Lot 46, DP 1113776
Local
I444
Agnes Banks
House
333 Castlereagh Road
Lot 5, DP 236076
Local
I445
Agnes Banks
House
354 Castlereagh Road
Part Lot 1, DP 383981
Local
I501
Agnes Banks
House
2 Price Lane
Lot 1, DP 593577
Local
I500
Agnes Banks
“Blue Gardens”
254 Yarramundi Lane
Lot 220, DP 808633
Local
I446
Berambing
“Bulga Matta”
57 Bulgamatta Road
Lot 1, DP 195276
Local
I416
Blaxlands Ridge
“Kooroowal”
173 Blaxlands Ridge Road
Lot 4, DP 738221
Local
I505
Blaxlands Ridge
Blaxlands Ridge Public School
227–231 Blaxlands Ridge Road
Lots 72 and 73, DP 751658
Local
I447
Bowen Mountain
“Bowen Hut”
110–112 Lt Bowen Drive
Lots 476 and 477, DP 210305
Local
I327
Cattai
“Ukamurra”
439 Cattai Road
Part Lot 258, DP 752050
Local
I323
Cattai
House
268 Pebbly Hill Road
Lot 3, DP 226309
Local
I324
Cattai
“Macquarie Retreat”
143 Threlkeld Drive
Lot 16, DP 259650
Local
I325
Central MacDonald
Jurd’s Private Cemetery
987 Settlers Road
Lot 76, DP 755258
Local
I430
Central MacDonald
Slab-built dwelling
1202 Settlers Road
Lot 1, DP 789303
Local
I424
Central MacDonald
St Jude’s Cemetery
1231 St Albans Road
Lot 1, DP 633910
Local
I417
Clarendon
“Prestonville”
120–162 Hawkesbury Valley Way
Lots 2 and 3, DP 700263
Local
I322
Clarendon
“Rhodesia”
210 Hawkesbury Valley Way
Lot B, DP 160847
Local
I321
Clarendon
House
211 Hawkesbury Valley Way
Part Lot 1, DP 745143
Local
I319
Clarendon
Former hotel
216 Hawkesbury Valley Way
Lot 10, DP 624818
Local
I318
Clarendon
Former inn
221 Hawkesbury Valley Way
Lot 1, DP 1017298
Local
I320
Clarendon
“Jonlyn”
130–144 Percival Street
Lots 12 and 13, DP 563483
Local
I255
East Kurrajong
House
829 Putty Road
Lot 773, DP 787251
Local
I448
Ebenezer
Uniting Church (including former schoolhouse) and Uniting Church Cemetery
95 Coromandel Road
Lot 2, Part A, DP 740305
State
I00138
Ebenezer
“Port Erringhi”
53 Port Erringhi Road
Lot 21, DP 232576
Local
I332
Ebenezer
“Portland Head Farm”
147 Portland Head Road
Lot B, DP 161016
Local
I333
Ebenezer
House
368 Sackville Road
Lot 2, DP 1035246
Local
I336
Ebenezer
“Kinlew”
477 Sackville Road
Lot 51, DP 804631
Local
I337
Ebenezer
Former public school
664 Sackville Road
Lot 12, DP 603763
Local
I340
Ebenezer
“Coromandel”
665 Sackville Road
Lot 1, DP 1008634
Local
I334
Ebenezer
“Rockleigh”
695 Sackville Road
Lot 42, DP 1071916
Local
I335
Ebenezer
“Pickwick Park”
799 Sackville Road
Lot 1, DP 533774
Local
I338
Ebenezer
Cottage
812 Sackville Road
Lot 102, DP 1001775
Local
I339
Ebenezer
House
75 Tizzana Road
Lot 1, DP 1003326
Local
I343
Ebenezer
“Ebenezer Villa”
105 Tizzana Road
Lot 1, DP 997974
Local
I342
Ebenezer
Tizzana Winery
518 Tizzana Road
Lot 5, DP 227211
Local
I375
Fernances
Slab-built dwelling
1269 Wollombi Road
Lot 32, DP 832093
Local
I437
Freemans Reach
House and barn
11 Blacktown Road
Lot 202, DP 872566
Local
I328
Freemans Reach
War Memorial in public reserve
194 Blacktown Road
Lot 475, DP 751665
Local
I344
Freemans Reach
House and barn
353 Freemans Reach Road
Lot 4, DP 538611
Local
I347
Freemans Reach
House and slab barns
375 Freemans Reach Road
Lot 2, DP 77951
Local
I346
Freemans Reach
“Sunny Farm”
435 Freemans Reach Road
Lot 7, DP 1117693
Local
I345
Freemans Reach
“Reibycroft”
32–94 Smiths Lane
Lots 5 and 6, DP 247875; Lot 4, DP 847231
Local
I348
Freemans Reach
“Bridgeview”
27 Wilberforce Road
Lot A, DP 370895
Local
I274
Grose Vale
“Buena Vista”
5 Bowen Mountain Road
Lot 1, DP 546192
Local
I449
Grose Vale
“La Tosca”
6 Bowen Mountain Road
Lot 2, DP 876389
Local
I453
Grose Vale
“Calool”
33 Carters Road
Lot 201, DP 707842
Local
I450
Grose Vale
“Pleasant Way”
62 Carters Road
Lot 2, DP 879572
Local
I326
Grose Vale
House
663 Grose Vale Road
Lot 32, DP 1004590
Local
I451
Grose Vale
House
767 Grose Vale Road
Lot 1, DP 808258
Local
I503
Grose Vale
“Cooraba”
816 Grose Vale Road
Lot 1, DP 828723
Local
I452
Grose Vale
“Westbury”
15 Westbury Road
Lot 3, DP 232606
Local
I454
Higher MacDonald
Slab-built dwelling
2180 Upper MacDonald Road
Lot 11, DP 755206
Local
I423
Higher MacDonald
Higher MacDonald Church
3053 Upper MacDonald Road
Lot 1, DP 753827
Local
I421
Kurmond
“Inverary”
340 Bells Line of Road
Lot 16, DP 218801
Local
I455
Kurmond
“Longleat”
74 Longleat Lane
Part Lot 3, DP 747089
Local
I458
Kurrajong
House
114 Comleroy Road
Lot 1, DP 72843
Local
I456
Kurrajong
“Vanay”
463 Comleroy Road
Lot 3, DP 1039892
Local
I457
Kurrajong
“Ridgeacre”
941 Grose Vale Road
Lot 1, DP 502131
Local
I354
Kurrajong
St Stephen the Martyr Anglican Church
1005 Grose Vale Road
Lot 133, DP 603158
Local
I352
Kurrajong
Cemetery and manse
1005 Grose Vale Road
Lot 133, DP 603158
Local
I353
Kurrajong
“Curraweena”
1033 Grose Vale Road
Lot 1, DP 1153901
Local
I515
Kurrajong
House
1040 Grose Vale Road
Lot 1, DP 745040
Local
I355
Kurrajong
“Arthona”
1046 Grose Vale Road
Lot 1, DP 562514
Local
I351
Kurrajong
The Collectors Theatre
101 Old Bells Line of Road
Lot B, DP 349803
Local
I358
Kurrajong
“Goldfinders” (former inn)
164 Old Bells Line of Road
Lot 123, DP 1063011
Local
I357
Kurrajong Heights
House
36 Bellbird Avenue
Lot 101, DP 806616
Local
I365
Kurrajong Heights
House
1229 Bells Line of Road
Lot 1, DP 576199
Local
I364
Kurrajong Heights
Former St James’ Anglican Church
1235 Bells Line of Road
Lot 1, DP 723931
Local
I363
Kurrajong Heights
St David’s Uniting Church
1251 Bells Line of Road
Lot 100, DP 807610
Local
I362
Kurrajong Heights
Former post office and store
1255 Bells Line of Road
Lot 2, DP 706131
Local
I361
Kurrajong Heights
“Allambie”
1256–1258 Bells Line of Road
Lots A and B, DP 14931
Local
I504
Kurrajong Heights
“Ivy Cottage” (formerly “Lochiel”)
1259 Bells Line of Road
Lot 1, DP 558605
Local
I360
Kurrajong Heights
“Patricks Pressoir”
1271–1275 Bells Line of Road
Lots 1–3, DP 1091218
Local
I370
Kurrajong Heights
“Rainridge”
1 Burralow Road
Lot C, DP 164492
Local
I368
Kurrajong Heights
“The Hermitage” (formerly “Fernmount”)
89 Burralow Road
Lot 1, DP 1084814
Local
I366
Kurrajong Heights
Shop and residence
1A Warks Hill Road
Lot 204, DP 839939
Local
I369
Kurrajong Heights
“Surinam” (formerly “Belmore Lodge”)
9 Warks Hill Road
Lot 2, DP 785631
Local
I367
Kurrajong Hills
“Beechwood”
41 Baileys Lane
Lot 51, DP 1045434
Local
I349
Kurrajong Hills
House
968–970 Bells Line of Road
Lot 2, DP 582139; Lot 1, DP 791743
Local
I350
Kurrajong Hills
“Loxley”
993 Bells Line of Road
Lot 22, DP 867849
Local
I502
Kurrajong Hills
“Sunnyside”
49 Hermitage Road
Lot 12, DP 634076
Local
I356
Kurrajong Hills
“Bernilla”
93 Hermitage Road
Lot 103, DP 1068395
Local
I507
Kurrajong Hills
“Springrove”
55 Springrove Lane
Lot 11, DP 834958
Local
I359
Kurrajong Hills
Public school
1 Stone Terrace and 1030 Bells Line of Road
Lot 1, DP 194010; Lot 1, DP 588702
Local
I371
Lower MacDonald
Davidson’s Dairy
335 Settlers Road
Lot 1, DP 1138319
Local
I425
Lower MacDonald
“Penrose”, ruins
707–707A Settlers Road
Lots 13 and 14, DP 755258
Local
I431
Lower Macdonald
Wooden mile post
St Albans Road
Adjacent to Lot 81, DP 753828
Local
I418
Lower MacDonald
St Joseph’s Catholic Church (ruins)
1029 St Albans Road
Part Lot 1, DP 605179
Local
I427
Lower MacDonald
St Joseph’s Cemetery
1029 St Albans Road
Part Lot 1, DP 605179
Local
I428
Lower Portland
“Hawkesbury Retreat”
78 Greens Road
Lot 1, DP 862897
Local
I511
Lower Portland
Monument to Aboriginal people
239 Laws Farm Road
Lot 201, DP 824060
Local
I372
Lower Portland
Lower Portland Ferry
West Portland Road
 
Local
I519
Lower Portland
“Ventiaville”
1235 West Portland Road
Lot 101, DP 739219
Local
I518
Lower Portland
“Riverside”, slab-barn
1280 West Portland Road
Lot 1, DP 586231
Local
I508
Lower Portland
Lower Portland Public School
1930 Wheelbarrow Ridge Road
Lot 1, DP 794605
Local
I509
Lower Portland
St John’s Anglican Church
1932 Wheelbarrow Ridge Road
Lot 1, DP 1022812
Local
I510
McGraths Hill
“Spring Hill Farm” (house and barn)
21 Beddeck Street
Lot 1, DP 743108
Local
I311
McGraths Hill
Cemetery
5 Charles Street
Lot 249, 1150102
Local
I312
McGraths Hill
“McGraths Hill Inn”
1 Pitt Town Road
Lot 1, DP 702263
Local
I315
McGraths Hill
Cottage
96 Pitt Town Road
Lot 3, DP 242319
Local
I314
McGraths Hill
Pair of cottages
109–113 Windsor Road
Lot 10, DP 1037789; Lot 1, DP 986076
Local
I316
Mogo Creek
Slab-built dwelling
2500 Wollombi Road
Lot 3, DP 755236
Local
I429
Mulgrave
Railway stationmaster’s residence
Mulgrave Road
 
Local
I403
Mulgrave
Railway station
Mulgrave Road
 
Local
I404
Mulgrave
“Tall Trees”
124 Mulgrave Road
Lot 13, DP 736138
Local
I405
North Richmond
Former police station and residence
39 Bells Line of Road
Lot 1, DP 1124671
Local
I406
North Richmond
Seventh Day Adventist Church
54 Bells Line of Road
Part Lot 120, DP 751637
Local
I407
North Richmond
House
91 Bells Line of Road
SP 64373
Local
I410
North Richmond
House
101A Bells Line of Road
Lot 1, DP 1021039
Local
I493
North Richmond
St Phillip’s Anglican Church and cemetery
151 Bells Line of Road
Lot 1, DP 870269
Local
I408
North Richmond
“Hill Crest”
219 Bells Line of Road
Lot 87, DP 1040092
Local
I409
North Richmond
“Rouse Farm”
266 Crooked Lane
Lot 9, DP 595333
Local
I411
North Richmond
House
15 Grose Vale Road
Lot 12, DP 719031
Local
I495
North Richmond
St John of God Hospital (former “Belmont Park”, mansion, garden, building, gatehouse and curtilage)
177–235 Grose Vale Road
Lots 11 and 12, DP 1134453
Local
I412
North Richmond
“Sunnyside” (former O’Dea’s dairy)
21 Pitt Lane
Lot 1, DP 749146
Local
I413
North Richmond
“The Terraces”
227 Terrace Road
Lot 410, DP 715738
Local
I415
Oakville
“Killarney Homestead”
23 Clare Crescent
Lot 4, DP 247391
Local
I313
Pitt Town
“Bona Vista” (house and slab barns)
11 Amelia Grove
Lot 131, DP 1025876
Local
I286
Pitt Town
Cottage
22 Bathurst Street
Lot 1, DP 986055
Local
I277
Pitt Town
Former “Bird in the Hand Inn”
81 Bathurst Street
Lot 1, DP 786863
State
I00373
Pitt Town
Pitt Town Hardware Produce and Fuel store
85 Bathurst Street
Lot 3, DP 627983
Local
I280
Pitt Town
House
94 Bathurst Street
Lot 1, DP 719885
Local
I287
Pitt Town
Scots Uniting Church
99 and 99A Bathurst Street
Lots D and F, DP 392264
Local
I281
Pitt Town
“Macquarie Arms Inn” complex (former inn and slab barn)
104 Bathurst Street
Lot 2, DP 515997
State
I00282
Pitt Town
St James’ Anglican Church
112 Bathurst Street
Lot 1, DP 1061612
Local
I283
Pitt Town
“Myrtle Cottage” and slab barn
126 Bathurst Street
Lot 1, DP 999548
Local
I284
Pitt Town
“Vine House”
132 Bathurst Street
Lot 1, DP 1000076
Local
I285
Pitt Town
Slab cottage and slab barn
132–134 Bathurst Street
Lots 1 and 2, DP 1000076
Local
I468
Pitt Town
Slab barn
140 Bathurst Street
Lot 1, DP 779079
Local
I1007
Pitt Town
Slab barn
142 Bathurst Street
Part Lot 2602, DP 1003585
Local
I288
Pitt Town
House
142 Bathurst Street
Part Lot 2602, DP 1003585
Local
I1006
Pitt Town
Pitt Town Public School and residence
17 Buckingham Street
Lot 51, DP 851875
Local
I291
Pitt Town
“Strathmore” (cottage and slab barn)
20–22 Buckingham Street
Lot 101, DP 1150587
Local
I290
Pitt Town
Slab barn
26A Buckingham Street
Lot 1, DP 1180284
Local
I292
Pitt Town
House, former shop and former slab barn
8 Chatham Street
Lot 1, DP 785736
Local
I293
Pitt Town
“Royville”
38 Eldon Street
Lot 1, DP 777853
Local
I294
Pitt Town
“Grenville Cottage”
10 Grenville Street
Lot 1, DP 741079
Local
I296
Pitt Town
“Cleary’s House”
14–18 Hall Street
Lots 11 and 12, DP 997997
Local
I297
Pitt Town
“Wilbows Stone Cottage”
102 Hall Street
Lot 15, DP 793787
Local
I298
Pitt Town
“Lone Acre”
10–14 Hawkesbury Street
Lots 103–105, DP 1056832
Local
I299
Pitt Town
“Samuel Cox’s House”
16 Lagoon Road
Lot 1, DP 708230
Local
I278
Pitt Town
Cemetery
60 Old Pitt Town Road
Lot 2, DP 544186
Local
I302
Pitt Town
Cemetery
524 Old Stock Route Road
Lot 7010, DP 1030967
Local
I301
Pitt Town
“Lynwood”
4 Pitt Town Bottoms Road
Lot 3, DP 546915
Local
I303
Pitt Town
“Huxley’s Blacksmith Shop”
292 Pitt Town Bottoms Road
Lot 11, DP 10192
Local
I304
Pitt Town
Former manse and farm house
1 Punt Road
Lot 101, DP 635129
Local
I310
Pitt Town Bottoms
Slab barn
163 Pitt Town Bottoms Road
Lot 1, DP 1014860
Local
I270
Pitt Town Bottoms
House and slab barns
231 Pitt Town Bottoms Road
Lot 21, DP 730869
Local
I461
Pitt Town Bottoms
House and slab barn
251 Pitt Town Bottoms Road
Lot 16, DP 776017
Local
I462
Pitt Town Bottoms
House and slab barn
259 Pitt Town Bottoms Road
Lot 9, DP 1079633
Local
I463
Pitt Town Bottoms
Slab barn
265 Pitt Town Bottoms Road
Lot 8, DP 1079633
Local
I464
Pitt Town Bottoms
Slab barn
284 Pitt Town Bottoms Road
Lot 2, DP 202281
Local
I306
Pitt Town Bottoms
Slab barns
293 Pitt Town Bottoms Road
Lot 101, DP 1154658
Local
I307
Pitt Town Bottoms
Slab barn
303 Pitt Town Bottoms Road
Lot 26, DP 1125833
Local
I465
Pitt Town Bottoms
House and slab barn
313 Pitt Town Bottoms Road
Lot 1, DP 778704
Local
I466
Pitt Town Bottoms
House and slab barn
333 Pitt Town Bottoms Road
Lot 1, DP 774609
Local
I308
Pitt Town Bottoms
House and slab barns
343 Pitt Town Bottoms Road
Lot 3, DP 618213
Local
I309
Pitt Town Bottoms
House and slab barn
353 Pitt Town Bottoms Road
Lot 1, DP 569711
Local
I467
Richmond
House
21 Bosworth Street
Lot 6, DP 1087132
Local
I1
Richmond
House
24 Bosworth Street
Lot 1, DP 598169
State
I00681
Richmond
House
25–29 Bosworth Street
Lots 7–9, DP 5905
Local
I3
Richmond
House
35 Bosworth Street
Lot 2, DP 518997
Local
I4
Richmond
“Mortimers Cottage”
42 Bosworth Street
Lot 1, DP 564874
Local
I5
Richmond
House
51 Bosworth Street
Lot B, DP 153561
State
I00753
Richmond
House
55 Bosworth Street
Lot 18, DP 770857
Local
I486
Richmond
“The Presbytery”
1A Bourke Street
Lot 1, DP 874822
Local
I7
Richmond
St Monica’s Roman Catholic Church
1A Bourke Street
Lot 1, DP 874822
Local
I132
Richmond
East Richmond Railway Station
32 Bourke Street
Lot 1, DP 1126383
Local
I11
Richmond
House
35 Bourke Street
Lots 4 and 5, DP 210175
Local
I12
Richmond
House
8 Burgess Street
Lot B, Section 15, DP 158162
Local
I13
Richmond
Avenue of trees east and west side of street
Chapel Street
 
Local
I18
Richmond
“Josieville”
2 Chapel Street
Lot 1, DP 634986
Local
I15
Richmond
“Inew Cottage”
7 Chapel Street
Lot 1, DP 564060
Local
I16
Richmond
House
9 Chapel Street
Lot 1, DP 199910
Local
I17
Richmond
Administrative block, blacksmith shop and stable square
2 College Street
Lot 2, DP 1051798
Local
I9
Richmond
Grandstand
2 College Street
Lot 2, DP 1051798
Local
I10
Richmond
House
13 Conrad Street
Lot 1, DP 734066
Local
I19
Richmond
House
15 Conrad Street
Lot 1, DP 742918
Local
I20
Richmond
“Clarendon” (servants’ quarters)
96 Dight Street
Lot 2, DP 542738
Local
I21
Richmond
McMahon Homestead
26 Drift Road
Lot 1, DP 737688
Local
I82
Richmond
House
5 Francis Street
Lot 9, DP 863991
Local
I26
Richmond
House
7 Francis Street
Lot 81, DP 1009285
Local
I27
Richmond
House
13 Francis Street
Lot 5, Section 26, DP 758881
Local
I28
Richmond
“Tara”
21 Francis Street
Lot 17, DP 525067
Local
I29
Richmond
House
26 Francis Street
Lot 1, DP 549235
Local
I30
Richmond
House
60 Francis Street
Lot 2, DP 508876
Local
I31
Richmond
“Benson House”
61 Francis Street
Lots 1 and 2, DP 212262
Local
I32
Richmond
House
87A Francis Street
Lot 570, DP 859752
Local
I33
Richmond
House
119 Francis Street
Lot 3, DP 563230
Local
I34
Richmond
“Rosmoyne”
128 Francis Street
Lot 1, DP 1008837
Local
I35
Richmond
“Kialla”
130 Francis Street
Lot 1, DP 1089582
Local
I36
Richmond
“Zeta”
132 Francis Street
Lot 1, DP 513769
Local
I37
Richmond
“Clear Oaks”
135 Francis Street
Lot 100, DP 789415
State
I00058
Richmond
House
142 Francis Street
Lot 1, DP 112529
Local
I39
Richmond
“Mountain View”
22 Inalls Lane
Lot 12, DP 588570
State
I00044
Richmond
House
32 Inalls Lane
Lot 2, DP 874920
Local
I41
Richmond
“Hobartville” (including outbuildings)
36–86 Inalls Lane
Lot 3, DP 596558
State
I00035
Richmond
Grounds and landscaping surrounding “Hobartville”
36–86 Inalls Lane
Lots 1 and 2, DP 596558
Local
I14
Richmond
Cemetery
16 Jersey Street
Lot 1, DP 724131
Local
I22
Richmond
House
35 Lennox Street
Lot 2, DP 862014
Local
I484
Richmond
House
56 Lennox Street
Lot 2, DP 511504
Local
I42
Richmond
House
72 Lennox Street
Lot 1, DP 160850
Local
I44
Richmond
House
74 Lennox Street
Lot 1, DP 1080999
Local
I45
Richmond
House
80 Lennox Street
Lot 221, DP 864634
Local
I491
Richmond
“Carsisle”
82 Lennox Street
Lot 21, DP 567749
Local
I46
Richmond
House
88 Lennox Street
Lot 1, DP 986429
Local
I47
Richmond
House
90 Lennox Street
Lot 1, DP 198910
Local
I48
Richmond
House
102 Lennox Street
Lot 2, DP 207974
Local
I49
Richmond
House
112 Lennox Street
Lot 2, DP 802849
Local
I50
Richmond
House
114 Lennox Street
Lot 1, DP 802849
Local
I51
Richmond
House
122 Lennox Street
Lot 6, DP 997061
Local
I52
Richmond
Former railway cottage
1 March Street
Lot 1, DP 836577
Local
I8
Richmond
House
8 March Street
Lot 1, DP 745386
Local
I481
Richmond
House
9 March Street
Lot 12, DP 828171
Local
I54
Richmond
House
16 March Street
Lot 21, DP 1031945
Local
I55
Richmond
House
20 March Street
Lot 1, DP 1040293
Local
I56
Richmond
House
22 March Street
Lot 4, DP 997295
Local
I57
Richmond
House
52 March Street
Lot 1, DP 1135622
Local
I487
Richmond
House
56 March Street
Lot 102, DP 1155675
Local
I58
Richmond
Richmond Railway Station
61 March Street
Lot 1, DP 815813
State
I01236
Richmond
Cottage
78 March Street (formerly 63 March Street)
Part Lot 21, DP 872925
Local
I43
Richmond
Cottage
78 March Street (formerly 64 March Street)
Part Lot 21, DP 872925
Local
I59
Richmond
Cottage
78 March Street (formerly 66 March Street)
Part Lot 21, DP 872925
Local
I60
Richmond
Cottage
78 March Street (formerly 67 March Street)
Part Lot 21, DP 872925
Local
I480
Richmond
Cottage
78 March Street (formerly 70 March Street)
Part Lot 21, DP 872925
Local
I61
Richmond
Cottage
78 March Street
Part Lot 21, DP 872925
Local
I488
Richmond
Cottage
78 March Street (formerly 80 March Street)
Part Lot 21, DP 872925
Local
I62
Richmond
Cottage
78 March Street (formerly 82 March Street)
Part Lot 21, DP 872925
Local
I489
Richmond
House
102 March Street
Lot 7, DP 1101571
Local
I64
Richmond
House
104 March Street
Lot 9, DP 560756
Local
I63
Richmond
House
106 March Street
Lot 7, DP 519019
Local
I65
Richmond
“Pangelis”
118 March Street
Lot 6, DP 558573
Local
I66
Richmond
House
120 March Street
Lot 2, DP 567636
Local
I67
Richmond
House
130 March Street
Lot 2, DP 1078198
Local
I68
Richmond
House
155 March Street
Lot 2, DP 774156
Local
I71
Richmond
“Rutherglen”
158 March Street
Lot A, Section 6, DP 152400
Local
I69
Richmond
House
160 March Street
Lot 101, DP 700887
Local
I482
Richmond
House
162 March Street
Lot 2, Section 6, DP 151321
Local
I483
Richmond
Former house
190 March Street
Lot 1, DP 199860
Local
I72
Richmond
House
21 Moray Street
Lot 10, DP 1040208
Local
I74
Richmond
House
24 Moray Street
Lot B, Section 23, DP 161177
Local
I75
Richmond
Residence and iron works
3 Paget Street
Lot 7, DP 3770; Lot 1, DP 1034091
Local
I76
Richmond
House
9 Paget Street
Lot 4, Section 11, DP 3770
Local
I77
Richmond
Former Methodist Church
10 Paget Street
Lot 1, DP 995840
Local
I492
Richmond
House
59 Paget Street
Lot 8, DP 634613
Local
I78
Richmond
House
31 Pitt Street
Lot A, DP 337953
Local
I79
Richmond
House
34 Teviot Street
Lot 1, DP 803737
Local
I80
Richmond
House
46 Teviot Street
Lot 1, DP 1100473
Local
I81
Richmond
House
12 Toxana Street
Lot 22, DP 4906
Local
I83
Richmond
House
2 West Market Street
Lot 1, DP 1044430
Local
I478
Richmond
Hall at rear of former Masonic Temple
24 West Market Street
Part Lot A, Section 8, DP 182902
Local
I86
Richmond
Former Masonic Temple
24 West Market Street
Part Lot A, Section 8, DP 182902
Local
I87
Richmond
St Andrew’s Uniting Church Hall
25 West Market Street
Part Lot 1, DP 196617
Local
I88
Richmond
St Andrew’s Uniting Church
25 West Market Street
Part Lot 1, DP 196617
Local
I89
Richmond
School of Arts
26 West Market Street
Lot 1, DP 880771
Local
I84
Richmond
Former Richmond Rest Home
Corner 27 West Market Street and 139 March Street
Lot 1, DP 313724; Lot 192, DP 1111231
Local
I85
Richmond
Former Richmond Council Chambers
29 West Market Street
Lot A, DP 313725
Local
I70
Richmond
House
30 West Market Street
Lot 1, DP 198726
Local
I91
Richmond
House
38 West Market Street
Lot 2, DP 38231
Local
I92
Richmond
Avenue of plane trees along eastern approach to Richmond
Windsor Street
 
Local
I93
Richmond
House
61 Windsor Street
Lot 3, DP 527542
Local
I94
Richmond
House
63 Windsor Street
Lot 13, DP 547659
Local
I95
Richmond
House
65 Windsor Street
Lot 2, DP 513998
Local
I96
Richmond
House
Corner 67 Windsor Street and 14 Bourke Street
Lots B and C, DP 372517
Local
I97
Richmond
House
70 Windsor Street
Lot A, DP 375626
Local
I98
Richmond
House
82 Windsor Street and 13 William Street
Lots D and E, DP 164971
Local
I490
Richmond
House
89 Windsor Street
Lot 6, DP 519411
Local
I99
Richmond
Gate post at “Kamilario” at entrance to Richmond Public School
103 Windsor Street
Lot 16, DP 13068
Local
I100
Richmond
“Vicky’s House”
106 Windsor Street
Lot 3, DP 270031
Local
I101
Richmond
House
117 Windsor Street
Lot 1, DP 71437
Local
I102
Richmond
House
122 Windsor Street
Lot 3, DP 18568
Local
I103
Richmond
House
125 Windsor Street
Lot 3, DP 3770
Local
I104
Richmond
House
126 Windsor Street
Lot 21, DP 713157
State
I00045
Richmond
House
127 Windsor Street
Lot 2, DP 3770
Local
I106
Richmond
House
129 Windsor Street
Lot 1, DP 3770
Local
I107
Richmond
House
131 Windsor Street
Lot 25, DP 4906
Local
I108
Richmond
House
133 Windsor Street
Lot 24, DP 4906
Local
I109
Richmond
House
135 Windsor Street
Lot 23, DP 4906
Local
I110
Richmond
Regent Theatre
145 Windsor Street
Lot 2, DP 514053
Local
I111
Richmond
“Toxana”
147 Windsor Street
Lot C, DP 330610
State
I00014
Richmond
Royal Hotel
167 Windsor Street
Lot 1, DP 123560
Local
I131
Richmond
House
179 Windsor Street
Lot 40, DP 1040134
Local
I112
Richmond
Richmond Park Pavilion and statue
180 Windsor Street
Lot 81, DP 1153844
State
I01808
Richmond
Shop
187 Windsor Street
Lot 1, DP 544317
Local
I113
Richmond
Commercial Hotel
193 Windsor Street
Lot 1, DP 577982
Local
I114
Richmond
Shop
201–205 Windsor Street
Lot 1, DP 232921; Lots 11 and 12, DP 609265
Local
I115
Richmond
Westpac Bank
237 Windsor Street
Lot A, DP 83011
Local
I116
Richmond
Shop (former barn)
239 Windsor Street
Lot 1, DP 770613
Local
I90
Richmond
“Chalmers Building”
239 Windsor Street
Lot 1, DP 770613
Local
I117
Richmond
House
245 Windsor Street
Lot 2, DP 270402
Local
I118
Richmond
Shops
255–257 Windsor Street
Lot 1, DP 714745; Part Lot 1, DP 798313
State
I00610
Richmond
Post and telegraph office and stables
286 Windsor Street
Lot 180, DP 41869
State
I01410
Richmond
Court house and police station
288 Windsor Street
Lot 701, DP 1125383
Local
I121
Richmond
Bank and stables
294 Windsor Street
Lot 1, DP 905037
Local
I136
Richmond
Shop
295 Windsor Street
Lot 1, SP 33332
Local
I122
Richmond
House
312 Windsor Street
Lot 1, DP 67973
Local
I123
Richmond
“The cottage”
313–315 Windsor Street
Lots 1 and 2, DP 1037730
Local
I124
Richmond
“Eltham”
317 Windsor Street
Lot 1, DP 817350
Local
I125
Richmond
Former “Black Horse Inn”
334–340 Windsor Street
Lots A and B, DP 335179; Lot A, DP 154628
Local
I130
Richmond
House
335 Windsor Street
Lot 1, DP 744729
Local
I126
Richmond
House
337 Windsor Street
Lot 1, DP 743154
Local
I127
Richmond
House
339 Windsor Street
SP 60767
Local
I128
Richmond
Anglican church hall and cemetery
347, 347A and 349 Windsor Street
Lot 2, DP 547256; Lot 1, DP 1033368; Lot 1, DP 1033136
Local
I129
Richmond
“Bowman House”
368–370 Windsor Street
Part Lot 11, DP 629453
State
I00468
Richmond
St Peter’s Anglican Church
384 Windsor Street
Lot 8, DP 238149; Lot 1, DP 1024037
Local
I134
Richmond Lowlands
Hawkesbury Agricultural College River Farm
173 Cornwells Lane
Lot 19, DP 752032
Local
I23
Richmond Lowlands
Georgian farmhouse
216 Edwards Road
Lots 1 and 2, DP 229549
Local
I25
Sackville
Sackville Ferry Crossing (RTA Bridge No 418)
Sackville Road
 
Local
I520
Sackville
Residence and barn
888 Sackville Road
Lot 4, DP 616167
Local
I373
Sackville
St Thomas’ Anglican Church
597 Tizzana Road
Part Lot 500, DP 751665
Local
I374
Sackville
St Thomas’ Anglican Cemetery
614 Tizzana Road
Lot 503, DP 751665
Local
I376
Sackville
House
742 Tizzana Road
Lot 241, DP 616673
Local
I377
Sackville
“Lilburndale”
413 West Portland Road
Lot 18, DP 1096890
Local
I512
Scheyville
Scheyville National Park
Scheyville Road
State
I01817
South Windsor
Windsor Presbyterian Cemetery
8 Church Street
Lot 7305, DP 1154151
Local
I155
South Windsor
House
440 George Street
Lot 6, DP 38768
Local
I224
South Windsor
House
450 George Street
Lot 1, DP 38768
Local
I471
South Windsor
House
456 George Street
Lot 1, DP 838389
Local
I225
South Windsor
House
458 George Street
Lot 3, DP 1087379
Local
I226
South Windsor
House
464 George Street
Lot 1, SP 69563
Local
I472
South Windsor
“Glenroy”
465–465B George Street
Lots 15 and 16, Section O, DP 759096; Lot 1, DP 195535
Local
I227
South Windsor
Houses
482–486 George Street
Lots 1–3, DP 736578
Local
I228
South Windsor
House
540 George Street
Lot 21, DP 871420
Local
I230
South Windsor
House
546 George Street
Lot 1, SP 36706
Local
I231
South Windsor
“Mountain View”
550 George Street
Lot B, DP 421200
Local
I232
South Windsor
Former Windsor Grammar School
607 George Street
Lot 1, DP 546895
Local
I233
South Windsor
House
202 Macquarie Street
Lot 1, DP 225681
Local
I474
South Windsor
House
204 Macquarie Street
Lot 2, DP 225681
Local
I475
South Windsor
House
205 Macquarie Street
Lot 1, DP 511364
Local
I469
South Windsor
House
209 Macquarie Street
Lot 200, DP 1010515
Local
I473
St Albans
Old Great North Road
Old Great North Road between Devines Hill and Mount Manning
 
State
I00991
St Albans
Old General Cemetery (Settlers Cemetery)
1626 Settlers Road
Lot 72, DP 755258
Local
I439
St Albans
St Albans Bridge over MacDonald River
St Albans Road
 
State
I01480
St Albans
Gaol, courthouse and stables
19 Upper MacDonald Road
Lot 55, DP 753793
Local
I440
St Albans
Price Morris’ Cottage
37 Upper MacDonald Road
Lot 26, DP 753793
State
I01444
St Albans
Fernance Property Graves
313 Upper MacDonald Road
Lot 1, DP 574341
Local
I420
St Albans
Ruins of “Our Lady of Loretto” Chapel and Cemetery
477 Upper MacDonald Road
Lot 2, DP 1001852
Local
I419
St Albans
Settlers Arm Inn
1–5 Wharf Street and 6–8 Bulga Street
Lots 3–7, DP 710647
Local
I436
St Albans
St Albans Anglican Church
26 Wharf Street
Lot 1A, Section 3, DP 758924
Local
I432
St Albans
St Albans Permanent Common
Wollombi Road
Lots 7301–7306, DP 1140079
Local
I438
St Albans
“Industrial Settler” Group (“Bailey’s” homestead grave site, slab-built dwelling—Aaron Walter’s Cottage)
135A and 135B Wollombi Road
Lot 4, DP 806902; Lot 2, DP 707535
Local
I433
St Albans
St Albans New General Cemetery
140–170 Wollombi Road
Lots 1–16, Section 10, DP 758924
Local
I434
St Albans
“The Glen” Homestead and “Governor Bailey’s” burial ground
252 Wollombi Road
Lot 571, DP 1057735
Local
I435
Tennyson
House
269 Tennyson Road
Lot 2, DP 563819
Local
I460
The Slopes
“Coonawarra Lodge”
564 Slopes Road
Lot 11, DP 556607
Local
I414
Upper MacDonald
Slab-built dwelling
1349 Upper MacDonald Road
Lot 16, DP 753827
Local
I422
Vineyard
“Rosemont”
87 Level Crossing Road
Lot 1, DP 59145
Local
I459
Webbs Creek
Disused section of Main Road 181
 
Adjacent to Lot 32, DP 753828
Local
I426
Wilberforce
House and barn
201 Argyle Reach Road
Lot 23, DP 856258
Local
I378
Wilberforce
St John’s General Cemetery (former Anglican Cemetery)
39–55 Clergy Road
Lots 7015 and 7016, DP 1032360; Land adjoining and to the south west of Lot 7016, DP 1032360
Part Local/Part State
I01837
Wilberforce
Uniting Church (formerly Methodist Church)
2 David Street
Lot A, DP 327443
Local
I398
Wilberforce
“No Mathatha”
14 George Road
Lot B, DP 334004
Local
I379
Wilberforce
House
43 George Road
Lot 4, DP 568208
Local
I499
Wilberforce
War Memorial, Wilberforce Park
47 George Road
Lot 346, DP 751665
State
I01868
Wilberforce
House and former shop
66 George Road
Lot 31, DP 816015
Local
I380
Wilberforce
“Stoneleigh”
108 Grono Farm Road
Lot 2, DP 1064649
Local
I331
Wilberforce
“Milby Grange”
127 Grono Farm Road
Lot 276, DP 751665
Local
I381
Wilberforce
House
9 King Road
Lot 1, DP 195883
Local
I382
Wilberforce
House
24 King Road
Lot 1, DP 834561
Local
I497
Wilberforce
House
43 King Road
Lot 2, DP 703055
Local
I383
Wilberforce
The Butcher’s Shop
52 King Road
Lot 1, DP 196502
Local
I496
Wilberforce
St John’s Anglican Church and schoolhouse
43 Macquarie Road
Lot 1, DP 771362
Part Local/Part State
I01836
Wilberforce
“Harmony Farm”
108 Pitt Town Ferry Road
Lot 1, DP 588784
Local
I388
Wilberforce
House
1 Putty Road
Lot 1, DP 603382
Local
I384
Wilberforce
“Primrose Cottage”
5 Putty Road
Lot 1, DP 799507
Local
I394
Wilberforce
“Pareora”
7 Putty Road
Lot 1, DP 505696
Local
I393
Wilberforce
“Rocky Hall”
546 Putty Road
Lot 1, DP 245757
Local
I395
Wilberforce
“Rose Cottage”
18 Rose Street
Lot 21, DP 829589
State
I00358
Wilberforce
House
26 Rose Street
Lot 3, DP 706517
Local
I391
Wilberforce
“Barrabadeen”
52 Salters Road
Lot 287, DP 1082730
Local
I392
Wilberforce
“Stannix Park” House, cattle tanks and site
103 Stannix Park Lane
Lot 11, DP 789975
State
I00598
Wilberforce
Barn
87 Wilberforce Road
Lot 616, DP 863291
Local
I275
Wilberforce
Cottage
446 Wilberforce Road
Lot 2, DP 595299
Local
I498
Wilberforce
Australiana Pioneer Village
496 Wilberforce Road
Lot 22, DP 829589
State
I01683
Wilberforce
“Karoola”
530 Wilberforce Road
Lot 5, DP 791448
Local
I397
Wilberforce
Former Police Station
534 Wilberforce Road
Lot 61, DP 1009304
Local
I396
Wilberforce
House
541 Wilberforce Road
Lot 4, DP 1135286
Local
I399
Windsor
“Anschau House”
1 Anschau Crescent
Lot 2, DP 31098
Local
I138
Windsor
House
9 Baker Street
Lot 1, DP 871860
Local
I140
Windsor
House
11 Baker Street
Lot 1, DP 111632
Local
I141
Windsor
Houses
1–3 Brabyn Street
Lot 1, DP 1130843; Lot 1, DP 197170
Local
I142
Windsor
House
9 Brabyn Street
SP 71136
Local
I143
Windsor
House
15 Brabyn Street
Lot 5, DP 520176
Local
I144
Windsor
House
18 Brabyn Street
Lot 21, DP 1092348
Local
I145
Windsor
Railway cottage
21 Brabyn Street
Lot 1, DP 736139
Local
I146
Windsor
House
4 Bridge Street
Lot 10, DP 666894
State
Part of I00126
Windsor
House
8 Bridge Street
Lot 1, DP 995391
State
Part of I00126
Windsor
House
10 Bridge Street
Part Lot A, DP 381403
State
Part of I00126
Windsor
Former School of Arts
14 Bridge Street and 1 and 2/52 George Street
Lot 1, DP 136637; Lots 1 and 2, DP 1127620
State
Part of I00126
Windsor
House
17 Bridge Street
Lot 1, DP 555685
State
Part of I00126
Windsor
House
20 Bridge Street
Part Lot 2, DP 420926
Local
I147
Windsor
“The Windsor Tavern”
25–27 Bridge Street
Part Lot 101, DP 1151845; Lots 102 and 103, DP 1151845
Local
I151
Windsor
“Lock Up” ruins
32 Bridge Street
Lot 7017, DP 1030415
Local
I148
Windsor
Former Barrack Wall
32 Bridge Street
Lot 7017, DP 1030415
Local
I157
Windsor
Stables at rear of police station
32 Bridge Street
Lot 7017, DP 1030415
State
I01018
Windsor
The Toll House
40 Bridge Street
Lot 1, DP 583229
Local
I150
Windsor
House
2–4 Catherine Street
Lots 371 and 372, DP 813236
Local
I152
Windsor
House
5–7 Catherine Street
Lot 1, DP 573726; Lot 7, DP 1105572
Local
I153
Windsor
“Claremont Cottage”
16 Claremont Crescent
Lot 11, DP 816462
State
I00738
Windsor
Windsor Roman Catholic Cemetery
Corner George Street, Richmond Road and Macquarie Street
Lots 101–104, DP 1101551
Local
I259
Windsor
“Windsor Court House”
34 Court Street
Lot 7018, DP 1060980
State
I00804
Windsor
“Trevallyn”
10 Day Street
Lot 50, DP 1137999
Local
I158
Windsor
Public school
2–6 Dight Street and 328 George Street
Lot 1, DP 724345; Lot 359, DP 729849; Lot 1, DP 122886
Local
I159
Windsor
“Fairfield House”
21 Fairfield Avenue
Lot 8, DP 556639
Local
I256
Windsor
House
1 Fitzgerald Street
Lot 1, DP 731707
Local
I160
Windsor
“Sunny Brae”
12 Fitzgerald Street
Lot 21, DP 603166
Local
I161
Windsor
“Mackenzie House”
29 Fitzgerald Street
Lot 2, DP 580289
State
Part of I00735
Windsor
House
12 Forbes Street
Lot 1, DP 199020
Local
I164
Windsor
House
16 Forbes Street
Lot 1, DP 572164
Local
I165
Windsor
Hannabas Dairy
27 George Street
Lot 2, DP 212542
Local
I166
Windsor
House
31 George Street
Lot 3, DP 1119195
Local
I167
Windsor
House
32 George Street
Lot 1, DP 136623
Local
I168
Windsor
House
34 George Street
Lot 34, DP 742262
Local
I169
Windsor
House
35 George Street
Lot 2, DP 770964
Local
I170
Windsor
House
40 George Street
Lot 1, DP 713478
Local
I171
Windsor
House
41 George Street
Lot 1, DP 995355
State
I01843
Windsor
House
43 George Street
Lot 1, DP 203668
Local
I174
Windsor
House
45 George Street
Lot 45, DP 1113935
Local
I173
Windsor
House
48 George Street
Lot 3, Section 10, DP 759096
Local
I175
Windsor
Houses
62–68 George Street
Lots 1 and 2, DP 555685
State
Part of I00126
Windsor
Shop
70 George Street
Lot 1, DP 1011887
State
Part of I00126
Windsor
Shop
74 George Street
Lot 1, DP 87241
State
Part of I00126
Windsor
Shop
80–82 George Street
Lots 10 and 11, DP 630209
State
Part of I00126
Windsor
Macquarie Arms Hotel
81 George Street
Lot 1, DP 864088
State
I00041
Windsor
Shop
84 and 88 George Street
Lot 1, DP 223433; Lot 2, DP 233054
State
Part of I00126
Windsor
Shop
109 George Street and 9B Baker Street
Lots 111 and 112, DP 739120
Local
I176
Windsor
Former house
117 George Street
Lot 101, DP 737270
Local
I177
Windsor
Former house
123 George Street
Lot 104, DP 737270
Local
I178
Windsor
“Loder House”
126 George Street
Lot 1, DP 580752
State
I00003
Windsor
House and shop
127 George Street
Lot 8, DP 607128
Local
I180
Windsor
Shop
131 George Street
Lot B, DP 32825
Local
I181
Windsor
Shop
135 George Street
Lot A, DP 32825
Local
I182
Windsor
House and shop
136 George Street
Lot 2, DP 659668
Local
I183
Windsor
Former house
137 George Street
Lot 1, DP 448270
Local
I184
Windsor
Bank
141 George Street
Lot A, DP 160933
Local
I185
Windsor
Bank
146 George Street
Lot 4, DP 558970
Local
I186
Windsor
“Bussell Bros”
153 George Street
Lot C, DP 394938
Local
I192
Windsor
Bank
156 George Street
Lot 3, DP 558970
Local
I187
Windsor
Shop
160–160A George Street
Lot 1, DP 742050; Lot 2, DP 537539
Local
I189
Windsor
“Fitzroy Hotel”
161 George Street
Lot 1, DP 83287
Local
I188
Windsor
Shop
162–166 George Street
Lots X and N, DP 161323; Lot 3, DP 259300
Local
I190
Windsor
Shop
167–169 George Street
Lot 1, DP 199771
Local
I191
Windsor
Former Windsor Post Office
180 George Street
Lot 1, DP 771874
Local
I235
Windsor
Shop
181 George Street
Lot 1, DP 227084
Local
I193
Windsor
Shop
189 George Street
Lot 11, DP 876951
Local
I194
Windsor
Former shop
194 George Street
Lot 1, DP 1008865
Local
I195
Windsor
Shop
199 George Street
Lot 4, DP 1072197
Local
I197
Windsor
Former shop
200 George Street
Lot 1, DP 75108
Local
I196
Windsor
Royal Exchange Hotel
203–207 George Street
Lots 1 and 2, DP 1094217
Local
I199
Windsor
Shop
206 George Street
Lot 1, DP 596806
Local
I198
Windsor
Simmons Hardware Store
226 George Street
Lot 12, DP 1159754
State
I00667
Windsor
O’Brien’s Building
242 George Street
Lot 1, DP 566382
Local
I201
Windsor
Former inn
265 George Street
Lot 2, DP 82467
Local
I202
Windsor
“The Royal Theatre” (former)
266 George Street
Lot 1, DP 435893
Local
I203
Windsor
House
267 George Street
Lot 2, DP 602252
Local
I204
Windsor
House
268 George Street
Lot 22, DP 1148530
Local
I205
Windsor
House
271 George Street
Lot 271, DP 1106015
Local
I207
Windsor
House
275 George Street
Lot B, DP 155672
Local
I208
Windsor
House
279 George Street
Lot 1, DP 702967
Local
I209
Windsor
House
283 George Street
Lot 1, DP 784340
Local
I210
Windsor
Residence and surgery
287 George Street
Lot 3, DP 70337
Local
I211
Windsor
House
291 George Street
Lot 2, DP 226437
Local
I212
Windsor
House
301 George Street
Lot 301, DP 1105735
Local
I213
Windsor
House
303 George Street
Lot 3, DP 702966
Local
I214
Windsor
House
307 George Street
Lot 1, DP 198135
Local
I215
Windsor
Former house
308 George Street
Lot 49, DP 875355
Local
I516
Windsor
Former house
310 George Street
Lot B, DP 159779
Local
I517
Windsor
“Mrs Cope’s Cottage”
312 George Street
Lot 1, DP 605013
Local
I217
Windsor
Shop
319 George Street
Lot 21, DP 830445
Local
I216
Windsor
Dedication stone, Hawkesbury Hospital
320 George Street
Lot 50, DP 1035291
Local
I245
Windsor
Main Hospital block, brick fence and Ashlar Morgue Building
320 George Street
Lot 50, DP 1035291
Local
I513
Windsor
Well structure
320 George Street
Lot 50, DP 1035291
Local
I514
Windsor
Former Windsor Council Chambers
325 George Street
Lot 4, Section 12, DP 759096
Local
I219
Windsor
“Tates Hotel”
339 George Street
Lot A, DP 84001
Local
I220
Windsor
“The Reverend Turner Cottage” (formerly “Oxalis Cottage”)
360–360A George Street
Part Lot 1, DP 998012
State
I00202
Windsor
Bandstand rotunda
361 George Street
Lot 1, DP 556829
Local
I218
Windsor
“Learholm”
391–393 George Street
Lots 8 and 9, DP 1093
Local
I222
Windsor
Shop
394 George Street
Lot 2, DP 499865
Local
I223
Windsor
Shop
396 George Street
Lot 73, DP 1045497
Local
I477
Windsor
McQuade Park
361 George Street
Lot 1, DP 556829
State
I01851
Windsor
Railway Hotel
419 George Street
Lot 1, Section D, DP 1093
Local
I229
Windsor
Windsor Railway Station
425 George Street
Lot 1, DP 1022444
State
I01287
Windsor
Former inn
29 Greenway Crescent
Lot 2, DP 816755
Local
I237
Windsor
House and outbuildings
22 Hawkesbury Valley Way
Lot 6, DP 654301
Local
I258
Windsor
Fairfield House Gateway
52 Hawkesbury Valley Way
Lot 1, DP 243057
Local
I257
Windsor
House
25 Johnston Street
Lot 1, DP 800664
State
I00075
Windsor
“Uralla”
6 Kable Street
Lot 1, DP 1005845
Local
I139
Windsor
Former Masonic Hall
22 Kable Street
Lot 1, DP 998061
Local
I239
Windsor
Houses
1–3 Little Church Street
Lot 21, DP 1085640; Lot 1, DP 742156
Local
I240
Windsor
The Bell Inn
2–4 Little Church Street
Lots 1 and 2, SP 56964
Local
I154
Windsor
St Matthew’s Roman Catholic Church
8 Little Church Street
Lot 1, DP 872759
Local
I262
Windsor
House
17 Little Church Street
Lot 16, Section 13, DP 759096
Local
I241
Windsor
House
21 Little Church Street
Lot 11, DP 1043426
Local
I242
Windsor
House
23 Little Church Street
Lot 1, DP 743317
Local
I243
Windsor
“Elourea”
33 Macquarie Street
Lot 3, DP 2995
Local
I476
Windsor
Former Methodist Parsonage
49 Macquarie Street
Lot 16, DP 809182
State
Part of I00735
Windsor
Uniting Church and hall
53 Macquarie Street
Lot 1, DP 34642
State
Part of I00735
Windsor
Shop and dwelling
95 Macquarie Street
Lot 1, DP 1053061
Local
I246
Windsor
House
8 Mileham Street
Lot B, DP 373884
Local
I247
Windsor
“Woodside” (former Melville Cottage)
39 Mileham Street
Lot 18, DP 998546
Local
I248
Windsor
St Matthew’s Anglican Church, rectory, cemetery and stables
1 Moses Street
Lot 1, DP 1034515; Lot 17, DP 37952
State
I00015
Windsor
House
1 New Street
Lot 1, DP 783338
Local
I251
Windsor
“Dalori”
3 New Street
Lot 450, DP 1038364
Local
I521
Windsor
Former St Matthew’s School
7 New Street
Lot 1, DP 194342
Local
I252
Windsor
House
25 North Street
Lot 201, DP 593790
State
I00150
Windsor
House
26–28 North Street
Lot 1, DP 749299
State
I00108
Windsor
House
29 North Street
Lot 200, DP 593790
State
I00107
Windsor
Houses
31–33 North Street
Lot 19, DP 745851
State
I00142
Windsor
House
35 North Street
Lot 181, DP 593791
State
I00109
Windsor
Former Peninsula Inn
37–39 North Street
Lot 182, DP 593791
State
I00110
Windsor
Public reserve
3 Old Bridge Street
Lot 345, DP 752061
State
Part of I00126
Windsor
“Peninsula House” and observatory
51 Palmer Street
Lot 1, DP 731655
State
I00028
Windsor
“Fitzroy Cottage”
2 Tebbutt Street
Lot 1, DP 734005
Local
I260
Windsor
House
4 Tebbutt Street
Lot 4, DP 1117674
Local
I261
Windsor
House
6 Tebbutt Street
Lot 1, DP 124494
Local
I470
Windsor
Thompson Square
The Terrace, George Street and Bridge Street
Lot 7007, DP 1029964
State
Part of I00126
Windsor
House
74 The Terrace
Lot 2, DP 816331
Local
I263
Windsor
“Crescentville”
80 The Terrace
Lot 1, DP 816331
Local
I264
Windsor
“Riverview Cottage”
86 The Terrace
Lot 10, DP 882748
Local
I265
Windsor
“Hill Crest”
88 The Terrace
Lot 11, DP 882748
Local
I266
Windsor
House
92 The Terrace
Lot 15, DP 1105638
Local
I271
Windsor
“Lindfield House”
94 The Terrace
Lot 16, DP 1105530
Local
I267
Windsor
“Fairview”
98 The Terrace
Lot 1, DP 745516
Local
I268
Windsor
House
100 The Terrace
Lot 1, DP 712383
Local
I269
Windsor
House
105 and 105A The Terrace
Lots 1 and 2, DP 12710
Local
I272
Windsor
“The Doctor’s House”
1–3 Thompson Square
Lot B, DP 161643; Lot 1, DP 196531
State
Part of I00126
Windsor
House
5 Thompson Square
Lot 1, DP 745036
State
I00005
Windsor
Former Coffey’s Inn
7 Thompson Square
Lot 1, DP 60716
State
Part of I00126
Windsor
Windsor Bridge
Wilberforce Road
 
Local
I276
Part 2 Heritage conservation areas
Name of area
Identification of area
Significance
Pitt Town Conservation Area
Shown by red hatching and labelled “C1”on the Heritage Map
Local
St Albans’ Conservation Area
Shown by red hatching and labelled “C2”on the Heritage Map
Local
North Street Conservation Area
Shown by red hatching and labelled “C3”on the Heritage Map
State
Thompson Square Conservation Area
Shown by red hatching and labelled “C4”on the Heritage Map
State
sch 5: Am 2012 No 95, Sch 2.14; 2020 (173), cl 5; 2020 (784), Sch 1[15]; 2021 (167), cl 5; 2022 (629), Sch 3.3[4]; 2023 (404), cl 5.
Schedule 6 Pond-based and tank-based aquaculture
(Clause 5.19)
Part 1 Pond-based and tank-based aquaculture
Division 1 Site location requirements
1   Conservation exclusion zones
(1)  Must not be carried out on the following land, except to the extent necessary to gain access to water—
(a)  land declared an area of outstanding biodiversity value under the Biodiversity Conservation Act 2016,
(b)  vacant Crown land,
(c)  land within a wetland of international significance declared under the Ramsar Convention on Wetlands.
(2)  Must not be carried out on the following land, except for the purposes of minimal infrastructure to support the extraction of water from, and discharge of water to, the land concerned—
(a)  land declared as an aquatic reserve under the Marine Estate Management Act 2014,
(b)  land declared as a marine park under the Marine Estate Management Act 2014.
Note—
Nothing in this clause affects any requirement under an Act relating to land specified in this clause to obtain a licence or other authority under that Act for development of the land.
Division 2 Operational requirements
2   Species selection
Species of fish or marine vegetation cultivated or kept must be consistent with the relevant aquaculture industry development plan (within the meaning of clause 5.19).
3   Pond-based aquaculture that is also intensive aquaculture—pond design
For pond-based aquaculture that is also intensive aquaculture—ponds must be capable of being drained or pumped and then completely dried.
4   Pond-based aquaculture and tank-based aquaculture that is also intensive aquaculture—freshwater discharges
For pond-based aquaculture and tank-based aquaculture that is also intensive aquaculture—no discharge of freshwater used to intensively cultivate or keep fish to natural waterbodies or wetlands is permitted, except freshwater discharge from open flow through systems.
5   Outlets from culture ponds etc
All outlets from culture ponds, tanks and other culture facilities must be screened to avoid the escape of fish.
6   Definition
In this Division—
intensive aquaculture has the same meaning as it has in the Fisheries Management (Aquaculture) Regulation 2017.
Part 2 Extensive pond-based aquaculture
Division 1 Site location requirements
7   Conservation exclusion zones
(1)  Must not be carried out on the following land, except to the extent necessary to gain access to water—
(a)  land declared an area of outstanding biodiversity value under the Biodiversity Conservation Act 2016,
(b)  vacant Crown land,
(c)  land within a wetland of international significance declared under the Ramsar Convention on Wetlands.
Note—
Nothing in this clause affects any requirement under an Act relating to land specified in this clause to obtain a licence or other authority under that Act for development of the land.
8   Flood liability
Must be designed or constructed on land so that it will not be inundated by the discharge of a 1:100 ARI (average recurrent interval) flood event.
Division 2 Operational requirements
9   Species selection
Species of fish or marine vegetation cultivated or kept must be consistent with the relevant aquaculture industry development plan (within the meaning of clause 5.19).
10   Pond design
(1)  Must not require the construction of new ponds, water storages, dams or buildings.
(2)  Must not be located on permanent watercourses, creeks, billabongs or isolated outreaches of creeks or rivers.
(3)  Must be capable of preventing the escape of stock into natural waterbodies or wetlands.
11   Culture water
Must use freshwater.
Dictionary
(Clause 1.4)
Note—
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Plan.
Aboriginal object means any deposit, object or other material evidence (not being a handicraft made for sale) relating to the Aboriginal habitation of an area of New South Wales, being habitation before or concurrent with (or both) the occupation of that area by persons of non-Aboriginal extraction, and includes Aboriginal remains.
Aboriginal place of heritage significance means an area of land, the general location of which is identified in an Aboriginal heritage study adopted by the Council after public exhibition and that may be shown on the Heritage Map, that is—
(a)  the site of one or more Aboriginal objects or a place that has the physical remains of pre-European occupation by, or is of contemporary significance to, the Aboriginal people. It may (but need not) include items and remnants of the occupation of the land by Aboriginal people, such as burial places, engraving sites, rock art, midden deposits, scarred and sacred trees and sharpening grooves, or
(b)  a natural Aboriginal sacred site or other sacred feature. It includes natural features such as creeks or mountains of long-standing cultural significance, as well as initiation, ceremonial or story places or areas of more contemporary cultural significance.
Note—
The term may include (but is not limited to) places that are declared under section 84 of the National Parks and Wildlife Act 1974 to be Aboriginal places for the purposes of that Act.
acid sulfate soils means naturally occurring sediments and soils containing iron sulfides (principally pyrite) or their precursors or oxidation products, whose exposure to oxygen leads to the generation of sulfuric acid (for example, by drainage or excavation).
Acid Sulfate Soils Manual means the manual by that name published by the Acid Sulfate Soils Management Advisory Committee and made publicly available.
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.
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).
battle-axe lot means a lot that has access to a road by an access handle.
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 highway,
(b)  a main road,
(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 Hawkesbury City 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 Hawkesbury Local Environmental Plan 2012 Floor Space Ratio Map. [Not adopted. See clause 4.4]
food and drink premises means premises that are used for the preparation and retail sale of food or drink (or both) for immediate consumption on or off the premises, and includes any of the following—
(a)  a restaurant or cafe,
(b)  take away food and drink premises,
(c)  a pub,
(d)  a small bar.
Note—
Food and drink premises are a type of retail premises—see the definition of that term in this Dictionary.
forestry means forestry operations within the meaning of the Forestry Act 2012 or Part 5B of the Local Land Services Act 2013.
freight transport facility means a facility used principally for the bulk handling of goods for transport by road, rail, air or sea, including any facility for the loading and unloading of vehicles, aircraft, vessels or containers used to transport those goods and for the parking, holding, servicing or repair of those vehicles, aircraft or vessels or for the engines or carriages involved.
function centre means a building or place used for the holding of events, functions, conferences and the like, and includes convention centres, exhibition centres and reception centres, but does not include an entertainment facility.
funeral home means premises that are used to arrange, conduct and cater for funerals and memorial services, whether or not the premises include facilities for the short-term storage, dressing and viewing of bodies of deceased persons.
Note—
Funeral homes are a type of business premises—see the definition of that term in this Dictionary.
garden centre means a building or place the principal purpose of which is the retail sale of plants and landscaping and gardening supplies and equipment. It may include a restaurant or cafe and the sale of any of the following—
(a)  outdoor furniture and furnishings, barbecues, shading and awnings, pools, spas and associated supplies, and items associated with the construction and maintenance of outdoor areas,
(b)  pets and pet supplies,
(c)  fresh produce.
Note—
Garden centres are a type of retail premises—see the definition of that term in this Dictionary.
general industry means a building or place (other than a heavy industry or light industry) that is used to carry out an industrial activity.
Note—
General industries are a type of industry—see the definition of that term in this Dictionary.
goods repair and reuse premises means a building or place the principal purpose of which is to collect, repair or refurbish goods, including furniture and appliances, for the purposes of sale, hire or swap, and includes premises known as op shops.
Note—
Goods repair and reuse premises are a type of business premises—see the definition of that term in this Dictionary.
gross floor area means the sum of the floor area of each floor of a building measured from the internal face of external walls, or from the internal face of walls separating the building from any other building, measured at a height of 1.4 metres above the floor, and includes—
(a)  the area of a mezzanine, and
(b)  habitable rooms in a basement or an attic, and
(c)  any shop, auditorium, cinema, and the like, in a basement or attic,
but excludes—
(d)  any area for common vertical circulation, such as lifts and stairs, and
(e)  any basement—
(i)  storage, and
(ii)  vehicular access, loading areas, garbage and services, and
(f)  plant rooms, lift towers and other areas used exclusively for mechanical services or ducting, and
(g)  car parking to meet any requirements of the consent authority (including access to that car parking), and
(h)  any space used for the loading or unloading of goods (including access to it), and
(i)  terraces and balconies with outer walls less than 1.4 metres high, and
(j)  voids above a floor at the level of a storey or storey above.
ground level (existing) means the existing level of a site at any point.
ground level (finished) means, for any point on a site, the ground surface after completion of any earthworks (excluding any excavation for a basement, footings or the like) for which consent has been granted or that is exempt development.
ground level (mean) means, for any site on which a building is situated or proposed, one half of the sum of the highest and lowest levels at ground level (finished) of the outer surface of the external walls of the building.
group home means a permanent group home or a transitional group home.
Note—
Group homes are a type of residential accommodation—see the definition of that term in this Dictionary.
group home (permanent) or permanent group home means a dwelling—
(a)  that is occupied by persons as a single household with or without paid supervision or care and whether or not those persons are related or payment for board and lodging is required, and
(b)  that is used to provide permanent household accommodation for people with a disability or people who are socially disadvantaged,
but does not include development to which State Environmental Planning Policy (Housing) 2021, Chapter 3, Part 5 applies.
Note—
Permanent group homes are a type of group home—see the definition of that term in this Dictionary.
group home (transitional) or transitional group home means a dwelling—
(a)  that is occupied by persons as a single household with or without paid supervision or care and whether or not those persons are related or payment for board and lodging is required, and
(b)  that is used to provide temporary accommodation for the relief or rehabilitation of people with a disability or for drug or alcohol rehabilitation purposes, or that is used to provide half-way accommodation for persons formerly living in institutions or temporary accommodation comprising refuges for men, women or young people,
but does not include development to which State Environmental Planning Policy (Housing) 2021, Chapter 3, Part 5 applies.
Note—
Transitional group homes are a type of group home—see the definition of that term in this Dictionary.
hardware and building supplies means a building or place the principal purpose of which is the sale or hire of goods or materials, such as household fixtures, timber, tools, paint, wallpaper, plumbing supplies and the like, that are used in the construction and maintenance of buildings and adjacent outdoor areas.
Note—
Hardware and building supplies are a type of retail premises—see the definition of that term in this Dictionary.
hazardous industry means a building or place used to carry out an industrial activity that would, when carried out and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the activity from existing or likely future development on other land in the locality), pose a significant risk in the locality—
(a)  to human health, life or property, or
(b)  to the biophysical environment.
Note—
Hazardous industries are a type of heavy industry—see the definition of that term in this Dictionary.
hazardous storage establishment means a building or place that is used for the storage of goods, materials or products and that would, when in operation and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the building or place from existing or likely future development on other land in the locality), pose a significant risk in the locality—
(a)  to human health, life or property, or
(b)  to the biophysical environment.
Note—
Hazardous storage establishments are a type of heavy industrial storage establishment—see the definition of that term in this Dictionary.
headland includes a promontory extending from the general line of the coastline into a large body of water, such as a sea, coastal lake or bay.
health care professional means any person registered under an Act for the purpose of providing health care.
health consulting rooms means premises comprising one or more rooms within (or within the curtilage of) a dwelling house used by not more than 3 health care professionals at any one time.
Note—
Health consulting rooms are a type of health services facility—see the definition of that term in this Dictionary.
health services facility means a building or place used to provide medical or other services relating to the maintenance or improvement of the health, or the restoration to health, of persons or the prevention of disease in or treatment of injury to persons, and includes any of the following—
(a)  a medical centre,
(b)  community health service facilities,
(c)  health consulting rooms,
(d)  patient transport facilities, including helipads and ambulance facilities,
(e)  hospital.
heavy industrial storage establishment means a building or place used for the storage of goods, materials, plant or machinery for commercial purposes and that requires separation from other development because of the nature of the processes involved, or the goods, materials, plant or machinery stored, and includes any of the following—
(a)  a hazardous storage establishment,
(b)  a liquid fuel depot,
(c)  an offensive storage establishment.
heavy industry means a building or place used to carry out an industrial activity that requires separation from other development because of the nature of the processes involved, or the materials used, stored or produced, and includes—
(a)  hazardous industry, or
(b)  offensive industry.
It may also involve the use of a hazardous storage establishment or offensive storage establishment.
Note—
Heavy industries are a type of industry—see the definition of that term in this Dictionary.
helipad means a place not open to the public used for the taking off and landing of helicopters.
heliport means a place open to the public that is used for the taking off and landing of helicopters, whether or not it includes—
(a)  a terminal building, or
(b)  facilities for the parking, storage or repair of helicopters.
Note—
Heliports are a type of air transport facility—see the definition of that term in this Dictionary.
heritage conservation area means an area of land of heritage significance—
(a)  shown on the Heritage Map as a heritage conservation area, and
(b)  the location and nature of which is described in Schedule 5,
and includes any heritage items situated on or within that area.
heritage conservation management plan means a document prepared in accordance with guidelines prepared by the Public Service agency responsible to the Minister administering the Heritage Act 1977 that documents the heritage significance of an item, place or heritage conservation area and identifies conservation policies and management mechanisms that are appropriate to enable that significance to be retained.
heritage impact statement means a document consisting of—
(a)  a statement demonstrating the heritage significance of a heritage item or heritage conservation area, and
(b)  an assessment of the impact that proposed development will have on that significance, and
(c)  proposals for measures to minimise that impact.
heritage item means a building, work, place, relic, tree, object or archaeological site the location and nature of which is described in Schedule 5.
Note—
An inventory of heritage items is also available at the office of the Council.
heritage management document means—
(a)  a heritage conservation management plan, or
(b)  a heritage impact statement, or
(c)  any other document that provides guidelines for the ongoing management and conservation of a heritage item, Aboriginal object, Aboriginal place of heritage significance or heritage conservation area.
heritage significance means historical, scientific, cultural, social, archaeological, architectural, natural or aesthetic value.
high technology industry means a building or place predominantly used to carry out an industrial activity that involves any of the following—
(a)  electronic or micro-electronic systems, goods or components,
(b)  information technology (such as computer software or hardware),
(c)  instrumentation or instruments of a scientific, industrial, technological, medical or similar nature,
(d)  biological, pharmaceutical, medical or paramedical systems, goods or components,
(e)  film, television or multi-media technologies, including any post production systems, goods or components,
(f)  telecommunications systems, goods or components,
(g)  sustainable energy technologies,
(h)  any other goods, systems or components intended for use in a science or technology related field,
and includes a data centre, but does not include a building or place used to carry out an industrial activity that presents a hazard or potential hazard to the neighbourhood or that, because of the scale and nature of the processes involved, interferes with the amenity of the neighbourhood.
Note—
High technology industries are a type of light industry—see the definition of that term in this Dictionary.
highway service centre means a building or place used to provide refreshments and vehicle services to highway users. It may include any one or more of the following—
(a)  a restaurant or cafe,
(b)  take away food and drink premises,
(c)  service stations and facilities for emergency vehicle towing and repairs,
(d)  parking for vehicles,
(e)  rest areas and public amenities.
home-based child care means a family day care residence (within the meaning of the Children (Education and Care Services) National Law (NSW)) at which the education and care service is provided at any one time to no more than 7 children (including any child of the person providing the service) all of whom are under the age of 13 years and no more than 4 of whom are children who do not ordinarily attend school.
Note 1—
A family day care residence is a residence at which a family day care educator educates and cares for children as part of a family day care service—see the Children (Education and Care Services) National Law (NSW).
Note 2—
Home-based child care is a type of early education and care facility—see the definition of that term in this Dictionary.
home business means a business, whether or not involving the sale of items online, carried on in a dwelling, or in a building ancillary to a dwelling, by 1 or more permanent residents of the dwelling and not involving the following—
(a)  the employment of more than 2 persons other than the residents,
(b)  interference with the amenity of the neighbourhood because of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, traffic generation or otherwise,
(c)  the exposure to view, from adjacent premises or from a public place, of unsightly matter,
(d)  the exhibition of signage, other than a business identification sign,
(e)  the retail sale of, or the exposure or offer for retail sale of, items, whether goods or materials, not produced at the dwelling or building, other than by online retailing,
but does not include bed and breakfast accommodation, home occupation (sex services) or sex services premises.
Note—
See clause 5.4 for controls relating to the floor area used for a home business.
home industry means an industrial activity, whether or not involving the sale of items online, carried on in a dwelling, or in a building ancillary to a dwelling, by 1 or more permanent residents of the dwelling and not involving the following—
(a)  the employment of more than 2 persons other than the residents,
(b)  interference with the amenity of the neighbourhood because of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, traffic generation or otherwise,
(c)  the exposure to view, from adjacent premises or from a public place, of unsightly matter,
(d)  the exhibition of signage, other than a business identification sign,
(e)  the retail sale of, or the exposure or offer for retail sale of, items, whether goods or materials, not produced at the dwelling or building, other than by online retailing,
but does not include bed and breakfast accommodation or sex services premises.
Note—
See clause 5.4 for controls relating to the floor area used for a home industry.
Home industries are a type of light industry—see the definition of that term in this Dictionary.
home occupation means an occupation that is carried on in a dwelling, or in a building ancillary to a dwelling, by one or more permanent residents of the dwelling and that does not involve—
(a)  the employment of persons other than those residents, or
(b)  interference with the amenity of the neighbourhood by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, traffic generation or otherwise, or
(c)  the display of goods, whether in a window or otherwise, or
(d)  the exhibition of any signage (other than a business identification sign), or
(e)  the sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail,
but does not include bed and breakfast accommodation, home occupation (sex services) or sex services premises.
home occupation (sex services) means the provision of sex services in a dwelling that is a brothel, or in a building that is a brothel and is ancillary to such a dwelling, by no more than 2 permanent residents of the dwelling and that does not involve—
(a)  the employment of persons other than those residents, or
(b)  interference with the amenity of the neighbourhood by reason of the emission of noise, traffic generation or otherwise, or
(c)  the exhibition of any signage, or
(d)  the sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail,
but does not include a home business or sex services premises.
horticulture means the cultivation of fruits, vegetables, mushrooms, nuts, cut flowers and foliage and nursery products for commercial purposes, but does not include a plant nursery, turf farming or viticulture.
Note—
Horticulture is a type of intensive plant agriculture—see the definition of that term in this Dictionary.
hospital means a building or place used for the purpose of providing professional health care services (such as preventative or convalescent care, diagnosis, medical or surgical treatment, psychiatric care or care for people with disabilities, or counselling services provided by health care professionals) to people admitted as in-patients (whether or not out-patients are also cared for or treated there), and includes ancillary facilities for (or that consist of) any of the following—
(a)  day surgery, day procedures or health consulting rooms,
(b)  accommodation for nurses or other health care workers,
(c)  accommodation for persons receiving health care or for their visitors,
(d)  shops, kiosks, restaurants or cafes or take away food and drink premises,
(e)  patient transport facilities, including helipads, ambulance facilities and car parking,
(f)  educational purposes or any other health-related use,
(g)  research purposes (whether or not carried out by hospital staff or health care workers or for commercial purposes),
(h)  chapels,
(i)  hospices,
(j)  mortuaries.
Note—
Hospitals are a type of health services facility—see the definition of that term in this Dictionary.
hostel means premises that are generally staffed by social workers or support providers and at which—
(a)  residential accommodation is provided in dormitories, or on a single or shared basis, or by a combination of them, and
(b)  cooking, dining, laundering, cleaning and other facilities are provided on a shared basis.
Note—
Hostels are a type of residential accommodation—see the definition of that term in this Dictionary.
hotel or motel accommodation means a building or place (whether or not licensed premises under the Liquor Act 2007) that provides temporary or short-term accommodation on a commercial basis and that—
(a)  comprises rooms or self-contained suites, and
(b)  may provide meals to guests or the general public and facilities for the parking of guests’ vehicles,
but does not include backpackers’ accommodation, a boarding house, bed and breakfast accommodation or farm stay accommodation.
Note—
Hotel or motel accommodation is a type of tourist and visitor accommodation—see the definition of that term in this Dictionary.
independent living unit means a dwelling or part of a building, whether or not attached to another dwelling—
(a)  used to house seniors or people with a disability, and
(b)  containing private facilities for cooking, sleeping and bathing, and
(c)  where clothes washing facilities or other facilities for use in connection with the dwelling or part of a building may be provided on a shared basis,
but does not include a hostel.
Note—
Independent living units are a type of seniors housing—see the definition of that term in this Dictionary.
industrial activity means the manufacturing, production, assembling, altering, formulating, repairing, renovating, ornamenting, finishing, cleaning, washing, dismantling, transforming, processing, recycling, adapting or servicing of, or the research and development of, any goods, substances, food, products or articles for commercial purposes, and includes any storage or transportation associated with any such activity.
industrial retail outlet means a building or place that—
(a)  is used in conjunction with an industry (other than an artisan food and drink industry) or rural industry, and
(b)  is situated on the land on which the industry or rural industry is located, and
(c)  is used for the display or sale (whether by retail or wholesale) of only those goods that have been manufactured on the land on which the industry or rural industry is located,
but does not include a warehouse or distribution centre.
Note—
See clause 5.4 for controls relating to the retail floor area of an industrial retail outlet.
industrial training facility means a building or place used in connection with vocational training in an activity (such as forklift or truck driving, welding or carpentry) that is associated with an industry, rural industry, extractive industry or mining, but does not include an educational establishment, business premises or retail premises.
industry means any of the following—
(a)  general industry,
(b)  heavy industry,
(c)  light industry,
but does not include—
(d)  rural industry, or
(e)  extractive industry, or
(f)  mining.
information and education facility means a building or place used for providing information or education to visitors, and the exhibition or display of items, and includes an art gallery, museum, library, visitor information centre and the like.
intensive livestock agriculture means the keeping or breeding, for commercial purposes, of cattle, poultry, pigs, goats, horses, sheep or other livestock, and includes any of the following—
(a)  dairies (restricted),
(b)  feedlots,
(c)  pig farms,
(d)  poultry farms,
but does not include extensive agriculture, aquaculture or the operation of facilities for drought or similar emergency relief.
Note—
Intensive livestock agriculture is a type of agriculture—see the definition of that term in this Dictionary.
intensive plant agriculture means any of the following—
(a)  the cultivation of irrigated crops for commercial purposes (other than irrigated pasture or fodder crops),
(b)  horticulture,
(c)  turf farming,
(d)  viticulture.
Note—
Intensive plant agriculture is a type of agriculture—see the definition of that term in this Dictionary.
jetty means a horizontal decked walkway providing access from the shore to the waterway and is generally constructed on a piered or piled foundation.
kiosk means premises that are used for the purposes of selling food, light refreshments and other small convenience items.
Note—
See clause 5.4 for controls relating to the gross floor area of a kiosk.
Kiosks are a type of retail premises—see the definition of that term in this Dictionary.
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.
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.
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 t