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Part 1 Preliminary

1 Name of plan

This plan may be cited as Parry Local Environmental Plan 1987.

2 Aims, objectives etc

(1) The principal aim of this plan is to update and consolidate the planning controls for land within the Shire of Parry.
(2) The particular objectives relating to the zones created by this plan are set out in relation to the respective zones in the Table to clause 9.

3 Land to which plan applies

This plan applies to all land within the Shire of Parry as shown on the map, with boundaries as indicated on the map.

4 Relationship to other environmental planning instruments

This plan repeals:
(a)  Interim Development Order No 1—Shire of Parry,
(b)  Parry Local Environmental Plans Nos 1, 2 and 3, and
(c)  such other deemed environmental planning instruments and local environmental plans as, immediately before the appointed day, applied to the land to which this plan applies, to the extent only to which those instruments and plans so applied to that land.

5 Interpretation

(1) In this plan, except in so far as the context or subject-matter otherwise indicates or requires:
animal boarding, breeding and training establishment means a building or place which is used for the purposes of the breeding, boarding, keeping or training, for gain or reward, of horses, dogs or cats, and includes a riding school.
appointed day means 9 October, 1986.
arterial road means Main Roads 63, 105, 130, 553, 579 and State Highways 9 and 11.
caravan park means land used (to an extent that, by the operation of section 289F of the Local Government Act 1919, a licence is required) for the placement of caravans (or of caravans and other movable dwellings).
cluster development means the erection on a single allotment of land of 3 or more dwelling-houses.
Council means the Council of the Shire of Parry.
demolition, in relation to a building or work, means the damaging, defacing, destruction, pulling down or removal of the building or work, in whole or in part.
existing holding means:
(a)  except as provided by paragraph (b), the area of a lot, portion or parcel of land as it was at the appointed day, or
(b)  where, as at the appointed day, a person owned 2 or more adjoining or adjacent lots, portions or parcels of land, the aggregation of the areas of those lots, portions or parcels as they were on the appointed day.
extractive industry means:
(a)  the winning of an extractive material, or
(b)  an industry or undertaking, not being a mine, which depends for its operations on the winning of an extractive material from the land upon which it carried on.
extractive material means sand, gravel, clay, turf, soil, rock, stone or a similar substance, but does not include any metal or mineral.
feed lot means a building or place in or on which cattle, sheep, poultry, pigs or other livestock are held for the purpose of nurturing either wholly or partly by a feeding method other than natural grazing.
flood-prone land means land which is below the 1 in 100 year flood level and includes land which would be inundated if a dam burst.
floodway means the channel of a river or stream and those portions of the flood plain adjoining the channel which are required to carry and discharge floodwaters, and includes land which is below the 1 in 20 year flood level.
prime crop and pasture land means land to which this plan applies which is identified as “Class 1”, “Class 2” or “Class 3” land or as land of merit for special agricultural uses on a map prepared by or on behalf of the Director-General of Agriculture and deposited in the offices of the Department of Agriculture and includes any such land on which pig or poultry establishments are located.
recreation area means:
(a)  a children’s playground,
(b)  land used for sporting activities or sporting facilities,
(c)  land used by the Council to provide recreational facilities for the physical, cultural or intellectual welfare of the community,
(d)  land used by a body of persons associated for the purposes of the physical, cultural or intellectual welfare of the community,
but does not include a showground or racecourse.
recreational vehicle facility means an establishment that provides facilities for the use as a recreational activity of vehicles or motor cycles.
the map means the map marked “Parry Local Environmental Plan 1987”, as amended by the maps (or specified sheets of maps) marked as follows:
Editorial note—
The amending maps are not necessarily listed in the order of gazettal. Information about the order of gazettal can be determined by referring to the Historical notes at the end of the plan.
Parry Local Environmental Plan 1987 (Amendment No 6)
tourist facility means an establishment providing:
(a)  holiday accommodation,
(b)  permanent accommodation,
(c)  time-share accommodation, or
(d)  recreational activities,
which establishment may include shops primarily intended to serve the needs of permanent or temporary residents or visitors or tourists or include a recreation facility, camping ground, caravan park, holiday cabin, hotel, motel, playground, refreshment room or a club used in conjunction with any such activities.
(2) In this plan, except in so far as the context or subject-matter otherwise indicated or requires:
(a)  a reference to a building or place used for a purpose includes a reference to a building or place intended to be used for that purpose,
(b)  a reference to a map is a reference to a map deposited in the office of the Council,
(c)  a reference to land within a zone specified in the Table to clause 9 is a reference to land shown on the map in the manner indicated in clause 8 as the means of identifying land of the zone so specified, and
(d)  a reference to a flood level is a reference to a flood level shown on maps held in the offices of the Department of Water Resources.
(3) Where, because of the scale of a map or for any other reason, there is any dispute as to whether land is prime crop and pasture land, the land shall be treated as prime crop and pasture land for the purpose of this plan if it is certified to the Council to be so by the Director-General of Agriculture.
(4) A word or expression used in the matter relating to Zone No 2 (b) in the table to clause 9 has the same meaning as in Tamworth Local Environmental Plan 1996.
(5) Notes in this plan do not form part of this plan.
cl 5: Am 19.7.1991; 2007 (531), Sch 1 [1] [2]; 2008 (128), Sch 1.54 [1].

6 Adoption of Model Provisions

(1) The Environmental Planning and Assessment Model Provisions 1980, other than:
(a) the definitions of advertisement, arterial road, extractive material, map and tourist facilities in clause 4 (1), and
(b) clauses 8 (7), 15, 29, 32, 33, and 34,
are adopted for the purposes of this plan.
cl 6: Am 19.7.1991.

7 Consent authority

The Council shall be the consent authority for the purposes of this plan.

Part 2 Zones

8 Zones indicated on the map

For the purposes of this plan, land to which this plan applies shall be in a zone specified hereunder if the land is shown on the map in the manner specified hereunder in relation to that zone:
Zone No 1 (a) (General Rural Zone)—edged heavy black and lettered “1 (a)”,
Zone No 1 (b) (General Agriculture Zone)—edged heavy black and lettered “1 (b)”,
Zone No 1 (c) (Hobby Farms Zone)—edged heavy black and lettered “1 (c)”,
Zone No 1 (f) (Forestry Zone)—edged heavy black and lettered “1 (f)”,
Zone No 2 (b) (Low Density Residential Zone)—edged heavy black and lettered “2 (b)”,
Zone No 2 (v) (Village Zone)—edged heavy black and lettered “V”,
Zone No 6 (a) (Existing Open Space Zone)—edged heavy black and lettered “6 (a)”.
cl 8: Am 19.7.1991; 2007 (531), Sch 1 [3].

9 Zone objectives and development control table

(1) The objectives of a zone are set out in the Table to this clause under the heading “Objectives of zone” appearing in the matter relating to the zone.
(2) Except as otherwise provided by this plan, in relation to land within a zone specified in the Table to this clause, the purposes (if any):
(a)  for which development may be carried out without development consent,
(b)  for which development may be carried out only with development consent,
(c)  for which development may be carried out only with development consent and which must be advertised in the same manner as designated development, and
(d)  for which development is prohibited,
are specified under the headings “Without development consent”, “Only with development consent”, “Advertised development—only with development consent” and “Prohibited”, respectively, appearing in the matter relating to the zone.
(3) Except as otherwise provided by this plan, the Council may consent to the carrying out of development on land to which this plan applies only where the Council is of the opinion that the carrying out of the development is consistent with the objectives of the zone within which the development is proposed to be carried out.
Table
Zone No 1 (a)   (General Rural Zone)
1   Objectives of zone
The objectives of this zone are:
(a)  to enable the continuation of traditional forms of rural land use and occupation and encourage consolidation of existing undersize allotments and their conversion into productive commercial farmholdings,
(b)  to ensure that development is carried out on land within the zone in a manner which conserves, enhances and does not adversely affect the environmental and scenic qualities of the land,
(c)  to conserve crop and pasture land in units or holdings which may be efficiently used for forms of agriculture common in the locality,
(d)  to ensure that new rural holdings created by subdivision are of a suitable size for their proposed use,
(e)  to enable other secondary forms of development which are associated with rural activities, or which support tourism, to be accommodated in an environmentally acceptable manner,
(f)  to permit the development of mines and offensive and hazardous industries, where required, in an environmentally acceptable manner, and
(g)  to permit the development of intensive commercial horticulture and specialised agriculture where fertile land and a reliable water supply are available.
2   Without development consent
Agriculture (other than animal boarding, breeding or training establishments, pig keeping, feed lots or poultry establishments).
3   Only with development consent
Any purpose other than a purpose included in item 2, 4 or 5.
4   Advertised development—only with development consent
Aerodromes; animal boarding establishments; bulk stores; bus depots; car repair stations; child care centres; clubs; cluster developments; commercial premises; commercial veterinary establishments; educational establishments; forestry; garbage disposal areas; general stores; generating works; helipads; heliports; hospitals; hotels; industries (including light industries and offensive and hazardous industries, but not rural industries or home industries); institutions; intensive livestock keeping establishments; junk yards; liquid fuel depots; mines; motels; multiple occupancy; places of assembly; places of public worship; plant depots (machinery); professional consulting rooms; public buildings; racecourses; recreation establishments; recreation facilities; retail plant nurseries; roadside stalls; sawmills; service stations; taverns; timber yards; tourist facilities; transport terminals; units for aged persons; warehouses.
5   Prohibited
Motor showrooms; residential buildings (other than dwelling-houses and units for aged persons); shops (other than general stores).
Zone No 1 (b)   (General Agriculture Zone)
1   Objectives of zone
The objectives of this zone are:
(a)  to enable the continuation of traditional forms of rural land use and occupation and encourage consolidation of existing undersized allotments and their conversion into productive commercial farmholdings,
(b)  to conserve prime crop and pasture land in units or holdings which may be efficiently used for forms of agriculture common in the locality,
(c)  to discourage fragmentation of landholdings into holdings which are inadequate to support commercial farming practices,
(d)  to enable other forms of development which are associated with rural activities and which require an isolated location, or which support tourism, and recreational activities to be accommodated in an environmentally acceptable manner,
(e)  to ensure that the type and intensity of development is appropriate, having regard to the characteristics of the land, the rural environment, and the cost of providing public services and amenities,
(f)  to permit the development in an environmentally acceptable manner of mines and offensive and hazardous industries where required, and
(g)  to permit the development of intensive commercial horticulture and specialised agriculture where fertile land and a reliable water supply are available.
2   Without development consent
Agriculture (other than animal boarding, breeding or training establishments, pig keeping, feed lots or poultry farming establishments).
3   Only with development consent
Any purpose other than a purpose included in item 2, 4 or 5.
4   Advertised development—only with development consent
Aerodromes; animal boarding establishments; bulk stores; bus depots; car repair stations; child care centres; clubs; cluster developments; commercial premises; commercial veterinary establishments; educational establishments; forestry; garbage disposal areas; general stores; generating works; helipads; heliports; hospitals; hotels; industries (including light industries and offensive and hazardous industries, but not rural industries or home industries); institutions; intensive livestock keeping establishments; junk yards; liquid fuel depots; mines; motels; multiple occupancy; places of assembly; places of public worship; plant depots (machinery); professional consulting rooms; public buildings; racecourses; recreation establishments; recreation facilities; retail plant nurseries; roadside stalls; sawmills; service stations; taverns; timber yards; tourist facilities; transport terminals; units for aged persons; warehouses.
5   Prohibited
Motor showrooms; residential buildings (other than dwelling-houses and units for aged persons); shops (other than general stores).
Zone No 1 (c)   (Hobby Farms Zone)
1   Objectives of zone
The objectives of this zone are:
(a)  to enable development for the purposes of hobby farms and other less intensive small rural holding activities to be carried out on land which is suitable for those purposes and accessible to existing urban centres and services,
(a1)  to enable intensive rural residential development to be carried out on land which is suitable for the purpose and accessible to existing urban centres and services,
(a2)  to provide for the creation of rural residential allotments with a variety of allotment sizes,
(b)  to encourage the planning of the size and shape of hobby farms and small rural holdings with regard to views, soils, topography, vegetation, winds and the location of services,
(c)  to ensure that development maintains and contributes to the rural character of the locality and minimises disturbances to the landscape and to agricultural productivity,
(d)  to permit development of hobby farms accessible to existing urban centres and services, and
(e)  to enable other forms of development to be carried out on land within the zone if it is in keeping with the rural character of the locality and is compatible or associated with the use of existing or likely future holdings.
2   Without development consent
Agriculture (other than animal boarding, breeding or training establishments, pig keeping, feed lots or poultry farming establishments).
3   Only with development consent
Any purpose other than a purpose included in item 2, 4 or 5.
4   Advertised development—only with development consent
Aerodromes; animal boarding establishments; bulk stores; bus depots; car repair stations; child care centres; clubs; cluster developments; commercial premises; commercial veterinary establishments; educational establishments; forestry; garbage disposal areas; general stores; generating works; helipads; heliports; hospitals; hotels; industries (including light industries and offensive and hazardous industries, but not rural industries or home industries); institutions; intensive livestock keeping establishments; junk yards; liquid fuel depots; mines; motels; places of assembly; places of public worship; plant depots (machinery); professional consulting rooms; public buildings; racecourses; recreation establishments; recreation facilities; retail plant nurseries; roadside stalls; sawmills; service stations; subdivision proposals for the creation of 7 or more lots; taverns; timber yards; tourist facilities; transport terminal; units for aged persons; warehouses.
5   Prohibited
Cattle feed lots; commercial premises; motor showrooms; piggeries of more than 50 sows; residential buildings (other than dwelling-houses and units for aged persons); shops (other than general stores).
Zone No 1 (f)   (Forestry Zone)
1   Objectives of zone
The objectives of this zone are to enable the continuance or expansion of forestry and development for associated purposes.
2   Without development consent
Agriculture; forestry; uses permitted under the Forestry Act 1916.
3   Only with development consent
Any purpose other than a purpose included in item 2.
4   Advertised development—only with development consent
Nil.
5   Prohibited
Nil.
Zone No 2 (b)   (Low Density Residential Zone)
1   Objectives of zone
The general objectives of this zone are:
(a)  to provide for the housing needs of the community within a low density residential environment, and
(b)  to enable other land uses that provide facilities or services to meet the day to day needs of residents, and
(c)  to permit the use of rural land for low density residential purposes in accordance with the Hills Plain Master Plan adopted by the Council on 26 March 1996 (including any amendments adopted by the Council before the commencement of Parry Local Environmental Plan 1987 (Amendment No 6)).
2   Without development consent
Bushfire hazard reduction; utility installations; utility undertakings.
3   Only with development consent
Any development not included in item 2 or 4.
4   Prohibited
Abattoirs; advertisements (other than advertisements ancillary to development permitted in the zone); airports; airport-related land uses; animal establishments; brothels; bulky goods sales rooms or showrooms; bus depots; commercial premises; depots; extractive industries; hazardous industries; hazardous storage establishments; heliports; industries; liquid fuel depots; materials recycling yards; mines; motor showrooms; offensive industries; offensive storage establishments; passenger transport terminals; re-use of effluent and biosolids; restricted premises; road transport terminals; rural industries; rural workers’ dwellings; sawmills; service stations; stock and sale yards; vehicle body repair workshops; vehicle repair stations; warehouses or distribution centres; waste disposal depots.
Zone No 2 (v)   (Village Zone)
1   Objectives of zone
The objectives of this zone are:
(a)  to enable future development appropriate to the function and character of existing villages, and
(b)  to enable development to occur in accordance with a development control plan, where appropriate.
2   Without development consent
Nil.
3   Only with development consent
Any purpose other than a purpose included in item 4.
4   Advertised development—only with development consent
Caravan parks; clubs; educational establishments; holiday cabins; hotels; industries (other than rural or home industries); intensive livestock keeping establishments; junk yards; liquid fuel depots; motels; sawmills; stock and sale yards.
5   Prohibited
Nil.
Zone No 6 (a)   (Existing Open Space Zone)
1   Objectives of zone
The objectives of this zone are to identify and to protect land intended for public open space.
2   Without development consent
Works (other than buildings) for the purposes of bushfire hazard reduction or landscaping.
3   Only with development consent
Agriculture; any purpose authorised by Division 2 or 3 of Part 13 of the Local Government Act 1919; buildings ordinarily incidental or ancillary to the use of the land for the purposes of landscaping or bushfire hazard reduction; camping areas; cycleways; forestry; picnic grounds; recreation areas; recreation facilities; utility installations (other than gas holders or generating works).
4   Advertised development—only with development consent
Any purpose other than a purpose included in item 2 or 3.
5   Prohibited
Nil.
cl 9, table: Am 19.7.1991; 2007 (531), Sch 1 [4].

Part 3 Special provisions

Division 1 General

10 Subdivision

A person may subdivide land to which this plan applies only with the consent of the Council.

11 Development that must be advertised

(1) Pursuant to section 30 (4) of the Act, the provisions of sections 84, 85, 86, 87 (1) and 90 of the Act apply to and in respect of:
(a)  development within a zone for any purpose included in item 4 in the Table to clause 9 in relation to that zone,
(b)    (Repealed)
(c)  the demolition of a building which is an item of the environmental heritage, within the meaning of clause 28, and
(d)  the use of a building or land which is an item of the environmental heritage, within the meaning of clause 28, or the site of any such item,
in the same way as those provisions apply to and in respect of designated development.
(2) Paragraphs (c) and (d) of subclause (1) do not apply in relation to the partial demolition of a building or work there, in the opinion of the Council, the partial demolition is of a minor nature and does not adversely affect the significance of the building or work as part of the environmental heritage of the Shire of Parry.
(3)   (Repealed)
cll 11: Am 19.7.1991.

Division 2 Development in rural zones

12 Heads of consideration—s 90 of the Act

The Council may grant consent to the subdivision of land within Zone No 1 (a), 1 (b), 1 (c) or 1 (f) only after it has made an assessment of:
(a)  the adequacy of the dimensions of each proposed allotment, having regard to:
(i)  the purpose for which the allotment is intended to be used,
(ii)  any requirement made under clause 25 by the Council for buildings to be set back from a road,
(iii)  minimising the creation of vehicular access points to main or arterial roads,
(iv)  the location of vehicular access points to the allotment in safe positions, and
(v)  the need for road widening or splayed corners,
(b)  the effect that the use to which the land is likely to be put after its subdivision may have:
(i)  on the present and potential agricultural use of the land and of land in the vicinity,
(ii)  on vegetation, timber production, soil resources and soil stability, ground water storage and riparian rights, and on the aquatic and recreational value of the land and of land in the vicinity,
(iii)  on the surface and underground water quality and availability in the vicinity, and
(iv)  on future expansion of settlements in the vicinity,
(c)  whether the subdivision will create or increase the potential for ribbon development along any road, particularly a main or arterial road,
(d)  whether adequate all-weather flood-free access is available to each proposed allotment,
(e)  whether access roads are located in relation to the proposed allotments so as to minimise the risk of soil erosion,
(f)  whether each proposed allotment provides a potential building site with minimum risk of damage to that site from bushfires or soil instability or whether precautions against bushfires or soil instability have been taken or imposed in relation to the land included in the subdivision, and
(g)  whether adequate soil erosion control measures have been taken or imposed in relation to the land included in the subdivision.
cll 12: Am 19.7.1991.

13 Subdivision of land within Zone No 1 (a), 1 (b) or 1 (f)

The Council may grant consent to the subdivision of land within Zone No 1 (a), 1 (b) or 1 (f) only where each proposed allotment has an area:
(a) in the case of land within Zone No 1 (a) or 1 (f), of not less than 400 hectares, and
(b) in the case of land within Zone No 1 (b), of not less than 200 hectares,
and, where the allotment has frontage to a main or arterial road, frontage to that road of not less that 400 metres.
Note—
Clause 9 of the State Environmental Planning Policy (Rural Lands) 2008 enables subdivision of lots smaller than allowed by this plan for the purposes of primary production.
cl 13: Am 2008 (128), Sch 1.54 [2].

14 Subdivision exceptions—Zone No 1 (a) or 1 (b)

(1)–(5)   (Repealed)
(6) Nothing in this plan shall prevent the subdivision of land for the purpose only of its transfer to another person engaged in an agricultural activity on adjoining or adjacent land, where the Council is satisfied that the allotment is intended to be used only for the purposes of agriculture.
(7) The Council shall not consent to the subdivision of land so as to create an allotment permitted by subclause (6) unless:
(a)  the allotment will, in the opinion of the Council, be used, together with an adjacent or adjoining lot or portion or parcel, as an agricultural holding, or
(b)  the subdivided allotment is amalgamated with the adjacent or adjoining lot, portion or parcel to which it is transferred.
(8)   (Repealed)
cl 14: Erratum 7.4.1989. Am 19.7.1991; 2008 (128), Sch 1.54 [3].

15 Subdivision of land within Zone No 1 (c)

(1) The Council is not to grant consent to an application for consent to subdivide land within Zone No 1 (c) unless each proposed allotment will have an area of not less than 40 hectares.
(2) Despite subclause (1), the Council may consent to an application for consent to a subdivision of land within Zone No 1 (c) that will create an allotment or allotments having an area of less than 40 hectares where:
(a)  the land the subject of the application has an area of not less than 20 hectares,
(b)  the total number of allotments to be created is no fewer than 7,
(c)  the average area of the allotments to be created is not less than 2 hectares,
(d)  the minimum area of any allotment to be created is not less than 0.5 hectares, and
(e)  in the opinion of the Council the development will be carried out in accordance with the development standards specified in Schedule 3.
(3) In determining an application for development consent as referred to in subclause (2), the Council is to have regard to an environmental impact report (prepared by the applicant) which must cover the matters listed in Schedule 4 and must accompany the development application.
(4) In preparing the report referred to in subclause (3), the applicant is to consult the Council and have regard to any requirements notified in writing by the Council in respect of the form and content of the report.
(5) The Council is not to consent to an application for development consent as referred to in subclause (2) if that consent would permit the creation, pursuant to that subclause, in any 5-year period of a total number of allotments in excess of the number specified for the purposes of this clause by the Council.
cl 15: Subst 19.7.1991. Am 2008 (571), Sch 3.138 [1].

16 Subdivision for specialised or intensive agricultural enterprises in Zone No 1 (a), 1 (b) or 1 (c)

(1) Notwithstanding clauses 13, 14 and 15 (1) and (3), the Council may consent to the subdivision of land within Zone No 1 (a), 1 (b) or 1 (c) so as to create an allotment having a smaller size than that otherwise provided by those clauses, but only where it is satisfied that:
(a)  the allotment to be created is intended to be used for the purposes of specialised or intensive agriculture, which may consist of intensive horticulture or animal husbandry, and is of a size capable of being used for those purposes,
(b)  creation of the allotment will not adversely affect the agricultural viability or potential of the residue of the land subdivided and the residue is capable of economically supporting an agricultural use of a type common in the locality,
(c)  the proposed use to which the allotment will be put is an efficient agricultural use, having regard to the size and layout of the allotment,
(d)  an adequate water supply is available or can be made available to the proposed allotment and is of a suitable capacity for the proposed use,
(e)  the soil, topography, drainage and other physical characteristics of the land are suitable for the proposed use,
(f)  adequate all-weather vehicular access is available or can be made available to the land, and is of a suitable standard and capacity, and
(g)  the proposed use will not adversely affect the amenity of the land surrounding the proposed allotment.
(2) In determining an application to subdivide land pursuant to this clause, the Council may require the applicant to supply supporting evidence to demonstrate the agricultural efficiency of the proposed use, including the advice of an expert agronomist.
cl 16: Am 19.7.1991; 2008 (571), Sch 3.138 [2].

17 Dwelling-houses—Zone No 1 (a), 1 (b), 1 (c) or 1 (f)

(1) This clause applies to land within Zone No 1 (a), 1 (b), 1 (c) or 1 (f).
(2) The Council may grant consent to the erection of a dwelling-house on land to which this clause applies only where the land:
(a)  has an area of, in the case of land within:
(i)  Zone No 1 (a) or 1 (f)—not less than 400 hectares,
(ii)  Zone No 1 (b)—not less than 200 hectares, and
(iii)  Zone No 1 (c)—not less than 40 hectares,
(b)  comprises an allotment created pursuant to clause 13, 15, 16 or 17A and, if the allotment was created pursuant to clause 17A, the allotment is being used for the purpose for which, according to the subdivision register kept by the Council, it was created,
(c)  comprises an existing holding on which a dwelling-house could have been lawfully erected immediately before the appointed day,
(d)  comprises an allotment created by a subdivision to which the consent of the Council was granted before the appointed day and on which a dwelling-house could have been lawfully erected under the provisions then in force, or
(e)  comprises an allotment created by a subdivision to which the consent of the Council was granted on or after the appointed day and before this plan takes effect and on which a dwelling-house could have been lawfully erected before the appointed day,
and no other dwelling-house is erected on the land.
(2A) The Council may grant consent to the erection of a dwelling-house on land to which this clause applies where that land, before a subdivision lawfully approved by the Council under the law as in force at the time of the subdivision, had been part of an existing holding on which a dwelling-house could lawfully have been erected under the law then in force, even though the size of the allotment is less than the minimum size otherwise required by this clause.
(3) Subject to clause 21, nothing shall prevent the erection of a dwelling-house on land on which another dwelling-house which was lawfully erected is situated, where the dwelling-house is intended to replace the other dwelling-house and is not occupied until the other dwelling-house is demolished or its occupation has permanently ceased.
(4) Notwithstanding subclause (2), the Council shall not consent to the erection of a dwelling-house on an existing holding which complies with the provisions of subclause 2 (c) where the existing holding has an area of less than:
(a)  in the case of land within Zone No 1 (a) or 1 (f)—400 hectares,
(b)  in the case of land within Zone No 1 (b)—200 hectares,
(c)  in the case of land within Zone No 1 (c)—40 hectares,
(d), (e)    (Repealed)
unless in each case:
(f)  there is no other dwelling-house on the existing holding,
(g)  the land is of sufficient size and soils are of appropriate quality for the effective on-site disposal of domestic waste, and
(h)  the erection of a dwelling-house will not create or increase any demand for the uneconomic provision or upgrading of roads or other utility services to that land.
cl 17: Am 19.7.1991; 2008 (128), Sch 1.54 [4].

17A Special use

Where land within Zone No 1 (a), 1 (b) or 1 (c):
(a) is being lawfully used for a purpose other than agriculture, a dwelling-house, home industry, home occupation or forestry, or
(b) may lawfully be used for a purpose other than agriculture, a dwelling-house, home industry, home occupation or forestry by reason of a development consent granted in respect of that land,
the Council may consent to a subdivision by which that land is excised if the Council is satisfied that the allotment will continue to be used, or be used, for that purpose.
cl 17A: Ins 19.7.1991.

17B Dwelling entitlements on existing concessional lots

The amendment of this plan by the State Environmental Planning Policy (Rural Lands) 2008 does not affect any entitlement arising under a provision of this plan (as in force before that amendment) to erect a dwelling-house on a lot, if:
(a) the lot was created before that commencement, or
(b) development consent to the creation of the lot was applied for, or granted, before that commencement.
cl 17B: Ins 19.7.1991. Rep 19.5.2000. Ins 2008 (128), Sch 1.54 [5].

18 Clearing

(1) In this clause:
clear felling, in relation to a parcel of land, means clearing trees on the parcel so that the number of trees remaining is equivalent to not more than 25 for each hectare of the parcel.
tree means a perennial woody plant with a height of at least 3 metres.
(2) Subject to this clause, a parcel of land within Zone No 1 (a) which is shown by cross hatching on the map may be clear felled only with the consent of the Council and for the purposes of agriculture, air navigation or bushfire safety.
(3) A parcel of land within Zone No 1 (c) may be clear felled only with the consent of Council, but nothing in this subclause prevents clear felling in any of those zones without the consent of the Council if it is necessary for the erection of a fence normally incidental to the use of the land for the purposes of agriculture.
(4) The Council may grant consent to the clearing of a parcel of land as referred to in subclauses (2) and (3) only where it is satisfied that:
(a)  the clearing is proposed to be carried out in a manner which minimises:
(i)  the destruction of attractive features of the landscape,
(ii)  the risk of soil erosion and water pollution, and
(iii)  the destruction of rare vegetation systems and natural wildlife habitats, and
(b)  the amount of clearing is limited to that necessary to reduce the risk of bushfires or for the efficient use of the land.
cl 18: Am 19.7.1991.

Division 3 Residential development

19A Subdivision of land within Zone No 2 (b)

The Council may grant consent for the subdivision of land within Zone No 2 (b) only if each allotment proposed to be created in the subdivision has an area of not less than 2000m² and not more than 4000m².
cl 19A: Ins 2007 (531), Sch 1 [5].

19 Subdivision and dwelling-houses in Zone No 2 (v)

(1) The Council may grant consent to the subdivision of land within Zone No 2 (v) only where it has made an assessment of:
(a)  the nature of any existing village in the vicinity and of the surrounding neighbourhood and the desirability of retaining the character of any such village and neighbourhood,
(b)  the adequacy and capacity of utility systems available, and
(c)  the need for on-site domestic waste disposal on each allotment and the adequacy of each allotment to accommodate that waste disposal.
(2) Subject to clause 27, only one dwelling-house may be erected on each allotment within Zone No 2 (v).
(3) Subclause (2) does not apply to or in respect of the erection of dwelling-houses for the purpose of cluster development.

20 Development for the purposes of tourist facilities

(1) The Council may grant consent:
(a)  to the subdivision of land which, in the opinion of the Council, will be used for the purposes of a tourist facility only after it has made an assessment of the following matters:
(i)  the availability of reticulated water services and, if those services are unavailable, the capacity of the land to provide an adequate water supply for the facility and for fire fighting purposes,
(ii)  the ability of the land to accommodate septic disposal of the facility’s waste,
(iii)  the availability of other utility services and social services, having regard to the likely demand for those services and the cost of their provision,
(iv)  the need to maintain a semi-rural character in the area,
(v)  the standard and capacity of public roads serving the land, having regard to the amount of traffic likely to be generated as a consequence of the development, and the means available to improve roads to a standard appropriate to that amount of traffic,
(vi)  the likely impact the development will have on other land and, in particular, on land located between the land to be subdivided and major public roads and utility services,
(vii)  the nature and topography of the land, having regard to the type and size of the development,
(viii)  the effect that the development may have on soil erosion or pollution of the environment, and
(b)  to the erection of a tourist facility or to the use of land for the purposes of a tourist facility only after it has made an assessment of the matters referred to in subclause (1) (a) (i)–(iv).
(2) Where an application is made for consent to the carrying out of development for the purposes of tourist facilities including the erection of temporary or holiday accommodation, the Council may consent to the carrying out of that development only where:
(a)  the Council is satisfied that the dwellings to be erected will be available for use for temporary or holiday accommodation only,
(b)  the form of the development, including the number, scale and bulk of the buildings and their relationship with each other, is compatible with the character of the locality, and
(c)  where the development is to be carried out within Zone No 1 (a), 1 (b) or 1 (c), the development is not disruptive to the agricultural use or viability for agricultural use of the land on which it is located.
cl 20: Am 19.7.1991.

21 Erection of additional rural dwellings

(1) Notwithstanding clause 17, the Council may consent to the erection of more than one dwelling-house on a site, if:
(a)  the site consists of an allotment referred to in clause 17 (2) (a) or (c), an existing holding or land that is within Zone No 1 (a), 1 (b) or 1 (c), and
(b)  the Council is satisfied that:
(i)  the existing vehicular access to public roads is adequate or that satisfactory access will be obtained,
(ii)  any dwelling-house to be erected on the land will not interfere with the use to which the land is being put, and
(ii)  any additional dwelling-house will be occupied by a person who is a partner of the owner or a co-owner of the site or who is engaged or employed for the purposes of agriculture on the site by the owner of the site.
(2) Where, in accordance with this clause, a dwelling-house is erected or proposed to be erected on a site, the separate occupation of the several lots illustrated by a proposed strata plan relating to any dwelling-house on the site is prohibited.

22 Development on main and arterial road frontages within Zones Nos 1 (a), 1 (b), 1 (c) and 1 (f)

(1) This clause applies to land:
(a)  having a frontage to a main or arterial road,
(b)  which relies on a main or arterial road for its sole means of access, or
(c)  which has access to a road which intersects with a main or arterial road, where the point of access is within 90 metres of the intersection of the road and the main or arterial road.
(2) The Council may grant consent to the carrying out of development on land to which this clause applies, only where it has made an assessment of:
(a)  whether the development, by its nature, its intensity or the volume and the type of traffic likely to be generated, is likely to constitute a traffic hazard or to materially reduce the capacity and efficiency of the main or arterial road to carry traffic,
(b)  whether the development is of a type, whether or not related to the characteristics of the land on which it is proposed to be carried out, that justifies a location in proximity to a main or arterial road,
(c)  whether the location, standard and design of access points, and on-site arrangements for vehicle movement and parking, ensure that through traffic movements on the main or arterial road will not be impeded, and
(d)  the extent to which the development might prejudice future improvement or realignment of the main or arterial road, as indicated to the Council from time to time by the Commissioner for Main Roads.
(3) Notwithstanding subclause (2) the Council shall not consent to the development of land referred to in subclause (1) for a purpose listed below if the development of the land for that purpose will have direct access to a main road or to a road connecting a main road, and the access to that road is within 90 metres (measured along the road alignment of the connecting road) of the alignment of the main road:
(a)  bulk stores,
(b)  caravan parks,
(c)  car repair stations,
(d)  commercial premises,
(e)  hotels,
(f)  industries (other than home or rural industries),
(g)  junk yards,
(h)  mines,
(i)  motels,
(j)  places of public assembly,
(k)  recreation facilities,
(l)  refreshment rooms,
(m)  retail plant nurseries,
(n)  roadside stalls,
(o)  saw mills,
(p)  service stations,
(q)  stock and saleyards,
(r)  transport terminals (other than bus stations),
(s)  warehouses.
(4) Subclause (3) does not apply to any development application made in respect of the land known as Farm 34, Parish of Tangaratta, County of Parry if that development application was made before the date on which Parry Local Environmental Plan 1987 (Amendment No 1) came into effect.
(5) Subclause (3) does not apply to any development application for airport-related development, within the meaning of clause 38.
cl 22: Am 19.7.1991; 26.8.1994.

Division 4 Miscellaneous provisions

23 Land liable to flooding

(1) Notwithstanding any other provision of this plan, the Council may grant consent to the carrying out of development on flood prone land or on land within a floodway only where it has made an assessment of:
(a)  the effect of the proposed development on the efficiency and capacity of floodways to carry and discharge floodwaters,
(b)  the safety of any building or work in time of flood resulting from the proposed development, and
(c)  whether the proposed development involves or will result in any risk to life, human safety or private property in time of flood.
(2) A person may carry out development on flood prone land or land which in the opinion of the Council may be liable to flooding, only if:
(a)  in the case where no works have been or are to be carried out to protect the land from flooding, the floor of any dwelling-house or other habitable building to be erected will be not less than 500 millimetres above the 1 in 100 year flood level or at such other level as is determined by the Council, or where a 1 in 100 year flood level has not been determined for the land, above the flood level estimated by the Council, or
(b)  in any other case, the Council is satisfied that adequate measures have been or will be taken to offset the likely effects of flooding on any building or work which will be erected or constructed.

24 Development within or in the vicinity of waterways and rivers

(1) A person shall not, except with the consent of the Council, carry out development for the purposes of agriculture (in the form of an animal boarding, breeding or training establishment, pig keeping or poultry farming or an animal feed lot), drainage, an extractive industry, a picnic ground or a road on land within such distance of the centreline of a river or waterway as may be determined by the Council for the purposes of this clause.
(2) In determining a distance for the purposes of this clause, the Council shall have regard to:
(a) the preservation of the scenic quality of foreshores, and
(b) minimising the risk of erosion and pollution of waterways.

25 Building lines

(1) Where land has frontage to a road, a building erected on the land shall be set back from the nearest alignment of the road at not less than the distance determined by the Council in relation to the land.
(2) In determining a distance for the purposes of this clause, the Council shall have regard to:
(a)  the nature, scale and function of the building,
(b)  the maximisation of sight distances for drivers using the road, including visibility of points of access to the road,
(c)  the minimisation of distractions to drivers using the road, and
(d)  any possible future need to alter the road alignment.

26 Development in flight paths

(1) A person may erect a building on land that is within the flight path of an airport to a height greater than 2 metres above natural ground level only with the consent of the Council.
(2) The Council shall not grant consent under subclause (1) unless it is satisfied, after consultation with the Commonwealth Department of Aviation, that the building will not constitute an obstruction, hazard or potential hazard to aircraft flying in the vicinity.
(3) In granting consent as referred to in subclause (1), the Council shall give consideration to any noise exposure forecasts prepared by the Commonwealth Department of Aviation for the land on which it is proposed to build and to whether the proposed use of the building will be adversely affected by exposure to aircraft noise.
(4) For the purposes of this clause, the flight path of an airport means such land as is determined by the Commonwealth Department of Aviation in relation to the airport and as is shown on a map and identified as “flight path”.

27 Dual occupancy

(1) In this clause:
gross floor area, in relation to a building, has the same meaning as in the Environmental Planning and Assessment Model Provisions 1980, but does not include the width of any external wall of the building.
(2) This clause applies to an allotment of land on which a dwelling-house may be erected.
(3) A person may, with the consent of the Council:
(a)  alter or add to a dwelling-house so as to create 2 dwellings, or
(b)  erect a building containing 2 dwellings,
on an allotment to which this clause applies.
(4) Except as otherwise provided by this clause, the Council may grant consent as referred to in subclause (3) only where:
(a)  the area of the allotment is not less than the minimum area prescribed in this plan for the erection of a dwelling-house,
(b)  in the case of land within Zone No 1 (a), 1 (b) or 1 (c), each dwelling will have a gross floor area of less than 80 metres,
(c)  in the case of land within Zone No 2 (v):
(i)  the proportion of the allotment occupied by the building is less than 35 per cent, and
(ii)  if there is an alteration or addition to an existing dwelling-house—the gross floor area of the proposed additional dwelling does not exceed 30 per cent of the gross floor area of the existing dwelling,
(d)  the building will have no more than 2 storeys, and
(e)  the granting of consent would result in no more than 2 dwellings on the allotment.
(5) The Council may, in granting consent as referred to in subclause (3), impose a condition requiring:
(a)  where the owner of the allotment is not a corporation—the owner, or
(b)  where the owner of the allotment is a corporation—a director or an employee of the corporation,
to occupy one of the dwellings created pursuant to this clause.
(6) Where, in accordance with this clause, a dual occupancy building is created or erected, or is proposed to be created or erected, on land in respect of which development for the purposes of residential flat buildings is prohibited, the separate occupation of the several lots illustrated by a proposed strata plan relating to the building is prohibited.
(7) The provisions of this plan relating to residential flat buildings (other than this clause) do not apply to a building erected, altered or added to, or proposed to be erected, altered or added to, pursuant to this clause.
cl 27: Am 19.7.1991.

28 Heritage preservation

(1) In this clause:
demolition, in relation to a building or work, means the damaging, defacing, destruction, pulling down or removal of the building or work in whole or in part.
item of the environmental heritage means those buildings, works, relics or places of historic, scientific, cultural, social, architectural, archaeological, natural or aesthetic significance:
(a)  described in Schedule 1, or
(b)  identified as such in a development control plan.
relic means any deposit, object or material evidence relating to the settlement (including aboriginal habitation), prior to 1 January, 1900, of the land to which this plan applies.
renovation, in relation to a building or work, means:
(a)  the making of structural changes to the inside or outside of the building or work, or
(b)  the making of non-structural changes to the fabric or appearance of the outside of the building or work, including changes that involve the repair or the painting, plastering or other decoration of the outside of the building or work.
(2) A person shall not, in respect of a building, work, relic or place that is an item of the environmental heritage:
(a)  demolish, renovate or extend that building or work,
(b)  damage or despoil that relic or place or any part of that relic or place,
(c)  excavate any land for the purpose of exposing or removing that relic,
(d)  erect a building on the land on which that building, work or relic is situated or the land which comprises that place, or
(e)  subdivide the land on which the building, work or relic is situated or the land which comprises that place,
except with the consent of the Council.
(3) The Council shall not grant consent to a development application made in pursuance of subclause (2) unless it has made an assessment of:
(a)  the significance of the item as an item of the environmental heritage of the Parry Shire,
(b)  the extent to which the carrying out of the development in accordance with the consent would affect the historic, scientific, cultural, social, archaeological, architectural, natural or aesthetic significance of the item and its site,
(c)  whether the setting of the item and, in particular, whether any stylistic, horticultural or archaeological features of the setting should be retained, and
(d)  whether the item constitutes a danger to the users or occupiers of that item or to the public.
Note—
The website of the Heritage Branch of the Department of Planning has publications that provide guidance on assessing the impact of proposed development on the heritage significance of items (for example, Statements of Heritage Impact).
(4) The Council shall not grant consent to a development application to carry out development in the vicinity of an item of the environmental heritage unless it has made an assessment of the effect which the carrying out of that development will have on the historic, scientific, cultural, social, archaeological, architectural, natural or aesthetic significance of the item of the environmental heritage and its setting.
(5)   (Repealed)
(6) Nothing in this plan prevents the Council from granting consent to the use for any purpose of a building that is an item of the environmental heritage or of the land on which the building is erected where the Council is satisfied that:
(a)  the use would have little or no adverse effect on the amenity of the area, and
(b)  conservation of the building depends on the Council granting consent in pursuance of this subclause.
(7) The Council, when considering an application for consent to erect a building on land upon which there is a building which is an item of the environmental heritage, may exclude from its calculation of the floor space of the buildings erected on the land the floor space of the item of the environmental heritage:
(a)  for the purpose of determining the floor space ratio, and
(b)  for the purpose of determining the number of parking spaces to be provided on the site,
but only if the Council is satisfied that the conservation of the building depends upon the Council granting consent in pursuance of this subclause.
cl 28: Am 2008 (571), Sch 3.138 [3] [4].

29 (Repealed)

cl 29: Am 19.7.1991. Rep 19.5.2000.

30 Roads, drainage, recreation areas and parking

(1) Except as provided by clause 25 (1), nothing in this plan shall prevent a public authority from carrying out development without consent on land within any zone for the purposes of roads, stormwater drainage, recreation areas, landscaping, gardening, bushfire hazard reduction or parking.
(2) The reference in subclause (1) to the carrying out of development for the purposes of roads includes a reference to the winning of extractive material within the public road reserve by a public authority for the purpose of road construction.

31 Restrictions on access

A means of access to a public road shall not be formed, except with the consent of the Council.

32 Community use of school facilities or sites

(1) Where land to which this plan applies is used for the purposes of an educational establishment, the site and facilities of the establishment may, with the consent of the Council, be used for the purposes of meeting rooms, public halls, public libraries, entertainment, sport or recreation, or for any other community purpose, whether or not any such use is a commercial use of the land.
(2) Nothing in this clause requires development consent to be granted for the carrying out of development on any land if that development could, but for this clause, be carried out on that land without development consent.

33 Development near boundary of adjacent zones

(1) Subject to subclause (2), development which is permitted within an adjacent zone may, with the consent of the Council, be carried out on land within 50 metres of either side of the boundary of a zone.
(2) The Council may grant consent under the Act for the carrying out of development pursuant to subclause (1), only where:
(a)  the carrying out of the development is necessary, in the opinion of the Council, due to design requirements relating to the subdivision of land to which this plan applies, and
(b)  an area of land in the adjacent zone is available in the immediately vicinity of the site on which development may be carried out pursuant to the consent, being an area:
(i)  within which development may be carried out, with or without the consent of the Council, for the purposes for which development could be carried out on the site in the absence of this clause, and
(ii)  which is, in the opinion of the Council, sufficient and suitable for the carrying out of development for the purposes referred to in subparagraph (1).

34 Preservation of trees

The powers conferred on the Council by clause 8 of the Environmental Planning and Assessment Model Provisions 1980, shall not apply in relation to trees:
(a)  in a State forest or on land reserved as a timber reserve, within the meaning of the Forestry Act 1916, or on other Crown lands,
(b)  required to be looped in accordance with Regulation 38 or 39 of the Overhead Line Construction and Maintenance Regulations 1962,
(c)  in any water catchment area under the control of an authority responsible for the water supply, or
(d)  in a national park, within the meaning of the National Parks and Wildlife Act 1974.

35 Existing open space zone

The Council shall not consent to the carrying out of development on land within Zone No 6 (a), being land owned or controlled or proposed to be owned or controlled by the Council, unless consideration has been given to:
(a)  the need for the proposed development of that land,
(b)  the impact of the proposed development on the existing or likely future use of the land, and
(c)  the need to retain the land for its existing or likely future use.

36 Development for certain additional purposes

(1) Nothing in this plan prevents a person, with the consent of the Council, from carrying out development on land referred to in Schedule 2 for the purposes specified in relation to that land in that Schedule, subject to such conditions, if any, as are so specified.
(2) Subclause (1) does not affect the application, to or in respect of development to which that subclause applies, of such of the provisions of this plan as are not inconsistent with the subclause or with a consent granted by the Council in respect of the development.

37 What are the objectives of this plan in relation to development of land in the vicinity of the Tamworth Airport?

(1) The objectives of this plan in relation to development of land in the vicinity of the Tamworth Airport are the following:
(a)  to ensure the efficient functioning of Tamworth Airport by protecting it from urban encroachment and incompatible land-use activities,
(b)  to rationalise future development of the Tamworth Airport with respect to the needs of the community and within the limitations imposed by the future development of adjacent land,
(c)  to encourage airport-related development as a dominant activity,
(d)  to encourage suitable general industrial development,
(e)  to enable the development of support services within the airport, such as retail, social and recreational facilities to a scale appropriate for the locality,
(f)  to ensure that development is of an appropriate scale, design and material, and so located as to minimise its visual impact when viewed both from within and from land surrounding the airport,
(g)  to encourage economic activity that will contribute to the economic growth of Parry,
(h)  to ensure that development is carried out in such a way as to allow the economic and efficient provision of public services and amenities.
(2) Those objectives must be taken into consideration by the Council when assessing an application for consent to develop land in the vicinity of Tamworth Airport.
cll 37: Ins 26.8.1994.

38 What controls apply in relation to the development of land in the vicinity of the Tamworth Airport?

(1) In this clause:
airport-related development means use of a building or place as a office or for other business or commercial purposes functionally related to an airport and includes its use for services related to the following:
•  the assembly, storage and land transport of air freight,
•  the accommodation or transportation of passengers by air or land,
•  the operation, maintenance or repair of aircraft,
•  the administrative functions associated with the airport, such as airport management and security,
•  the functions of government departments and authorities related to air passengers and air freight,
•  services provided for hotel or motel guests, including banking, dry cleaning, hairdressing, and the like, which are located within the confines of the hotel or motel building.
ANEF Plan means a plan showing ANEF contours for Tamworth Airport and surrounding land prepared by the Council and endorsed by the Civil Aviation Authority, a copy of which is retained in the office of the Council and available for inspection by the public during office hours.
Australian noise exposure forecast (ANEF) for land means a value allocated to the land on an index used for predicting the cumulative exposure to aircraft noise in communities near airports during a specified time period.
height of a structure means the uppermost point of the structure above Australian Height Datum.
height limitation plan and obstacle limitation surface plan mean maps entitled “Height Limitation Plan” and “Obstacle Limitation Surface Plan”, respectively, and copies of which are deposited in the office of the Council.
the map means the map marked “Tamworth and Parry Joint Local Environmental Plan No 1” a copy of which is deposited in the office of the Council.
(2) The Council may only grant consent to the erection of a building on land shown cross-hatched on the map if the height of the building will not exceed the limitation specified for the land in the Height Limitation Plan.
(3) If consent is sought for the erection of a building on land that would exceed the height specified for the land in the Obstacle Limitation Surface Plan, the Council must refer the development application the Civil Aviation Authority with a request for the Authority to send its comments to the Council within 28 days. The Council must not grant the consent unless it has considered any such comment received by the Council within the 28 day period.
(4) Notwithstanding any other provision of this plan, the consent of the Council is required if it is proposed to carry out development for the purpose of any of the following on land within the cross-hatched area shown on the map:
(a)  a dam or reservoir (not being a water storage dam for a public authority),
(b)  the handling or storage of grain,
(c)  the disposal of refuse,
(d)  an abattoir,
(e)  a stock and sale yard,
(f)  a feed lot.
(5) Notwithstanding any other provision of this plan, airport-related development is permissible, but only with Council consent, in the cross-hatched area shown on the map.
(6) Notwithstanding any other provision of this plan, the consent of the Council is required to erect a building on land shown cross-hatched on the map for which an ANEF Plan has been prepared.
(7) The Council may grant consent to the erection of a building intended for human occupation on land referred to in subclause (5) only if it is satisfied that measures will be taken:
(a)  which comply with the provisions of Australian Standard AS 2021—1994 (Acoustics—Aircraft Noise Intrusion—Building Siting and Construction) published by Standards Australia on 21 February 1994, and
(b)  which are adequate for the insulation of the building from aircraft noise,
where the Council considers that the ANEF value of the site shown on the ANEF Plan warrants preventative noise protection measures.
cll 38: Ins 26.8.1994.

39 Exempt development

(1) Development specified in Column 1 of Schedule 5 is exempt development if:
(a)  it is carried out in the circumstances set out in Column 2 of that Schedule opposite the development,
(b)  it does not cause 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 or otherwise,
(c)  it complies with any deemed-to-satisfy provisions of the Building Code of Australia relevant to the development, and
(d)  it is carried out behind the building line, where it is carried out in a heritage conservation area,
(e)  it is consistent with any plan of management approved under State Environmental Planning Policy No 44—Koala Habitat Protection, and with any recovery plan or threat abatement plan in force under the Threatened Species Conservation Act 1995 that affects the land, and
(f)  it does not contravene any condition of a development consent applying to the land.
(2) However, the development referred to in subclause (1) is not exempt development if it will be carried out on land that:
(a)  is identified in this plan as an item of the environmental heritage or flood-prone land,
(b)  is an Aboriginal place under the National Parks and Wildlife Act 1974,
(c)  is subject to an interim heritage order under the Heritage Act 1977 or is listed on the State Heritage Register under that Act,
(d)  is reserved or dedicated under the Crown Lands Act 1989 for the preservation of flora, fauna or geological formations or for other environmental protection purposes, or
(e)  is within Zone No 6 (a).
cll 39: Ins 19.5.2000.

40 Complying development

(1) Development specified in Column 1 of Schedule 6 is complying development if:
(a)  it is local development of a kind that can be carried out with consent on the land on which it is proposed,
(b)  the development is carried out in accordance with the development standards and other requirements specified in Column 2 of that Schedule for the development,
(c)  it complies with any deemed-to-satisfy provisions of the Building Code of Australia relevant to the development,
(d)  it will be carried out behind the rear alignment of any building on the site on which it is proposed to be carried out, if that site is located in a heritage conservation area identified by this or any other environmental planning instrument,
(e)  it is consistent with any plan of management approved under State Environmental Planning Policy No 44—Koala Habitat Protection, and with any recovery plan or threat abatement plan in force under the Threatened Species Conservation Act 1995 that affects the land,
(f)  it does not contravene any condition of a development consent applying to the land,
(g)  it is not an existing use as defined in section 106 of the Act,
(h)  it is not carried out on land identified as land that may be subject to slope instability, and
(i)  any necessary approvals or consents have been obtained:
(i)  for water, sewerage and stormwater services (including on-site disposal and connection to off-site services),
(ii)  to carry out the development near a public sewer, stormwater or other water main (that is, within 1 metre of the centreline of the main or a horizontal distance equivalent to the invert depth of the main, whichever is the greater), and
(iii)  to remove, lop, ringbark or cut down a tree referred to in clause 34.
(2) However, the development referred to in clause (1) is not complying development if it will be carried out on land that:
(a)  is identified in this plan as an item of the environmental heritage or flood-prone land,
(b)  is a site that has previously been used as a service station or sheep or cattle dip, for intensive agriculture, mining or extractive industry, for waste storage or waste treatment or for the manufacture of chemicals, asbestos or asbestos products, and a notice of completion of remediation work for the proposed use has not been given to the Council in accordance with State Environmental Planning Policy No 55—Remediation of Land,
(c)  is an Aboriginal place under the National Parks and Wildlife Act 1974,
(d)  is subject to an interim heritage order under the Heritage Act 1977 or is listed on the State Heritage Register under that Act,
(e)  is reserved or dedicated under the Crown Lands Act 1989 for the preservation of flora, fauna or geological formations or for other environmental protection purposes, or
(f)  is within the flight path of an airport (within the meaning of clause 26).
(3) A complying development certificate issued for complying development is subject to the conditions for the development specified in Schedule 7.
cll 40: Ins 19.5.2000.

41 Restriction on certain subdivisions—infrastructure, facilities and services

(1) This clause applies to land shown as within Zone No 2 (b) on the map marked “Parry Local Environmental Plan 1987 (Amendment No 6)”, but does not apply to such land if the whole or any part of it is in a special contributions area (as defined by section 93C of the Act).
(2) The object of this clause is to require assistance towards the provision of the following infrastructure, facilities and services to satisfy needs that arise from development on land to which this clause applies, but only if the land is developed intensively for urban purposes:
(a)  regional transport infrastructure,
(b)  education facilities and services provided by the State,
(c)  health facilities and services provided by the State,
(d)  facilities and services provided by the State for the purposes of emergency services.
(3) Despite any other provision of this plan, the Council must not grant consent to the subdivision of land to which this clause applies if the subdivision would create a lot smaller than the minimum lot size permitted on the land immediately before the commencement of Parry Local Environmental Plan 1987 (Amendment No 6), unless the Director-General has certified in writing to the Council that satisfactory arrangements have been made to contribute to the provision of infrastructure, facilities and services referred to in subclause (2) in relation to that lot.
(4) Subclause (3) does not apply to any lot:
(a)  identified in the certificate as a residue lot, or
(b)  that is proposed in the development application to be reserved or dedicated for public open space, public roads, public utilities, educational facilities, or any other public purpose.
(5) Subclause (3) does not apply to a subdivision for the purpose only of rectifying an encroachment on any existing allotment.
(6) State Environmental Planning Policy No 1—Development Standards does not apply to development for the purposes of subdivision on land to which this clause applies.
cl 41: Ins 2007 (531), Sch 1 [6].

Schedule 1 Heritage items

(Clause 28)

1 BENDEMEER

St Andrews Presbyterian Church.
General Store, New England Highway.
“Haning”, Bendemeer–Manilla Road.

2 CURRABUBULA

Locomotive Hotel.

3 GOONOO GOONOO

Goonoo Goonoo complex including old store and post office, woolshed, chapel, fountain and homestead.

4 MOONBI

Cellar store room of Coach and Horses Inn.
Moonbi House.

5 WERRIS CREEK

Railway station on main northern railway line.
“Glen Alpine”, Werris Creek.

6 BECTIVE

“Bective”, Bective.

Stands of Brigalow in the Winton and Bective area.

Nature reserves and Aboriginal areas, within the meaning of the National Parks and Wildlife Act 1974.

Schedule 2 Development for certain additional purposes

(Clause 36)

Part portion 19 and portion 24 in the Parish of Loftus—multiple occupancy.

Land being Portion 173, Parish of Woolomol and part Portions 162 and 241, Parish of Tamworth, as shown edged heavy black on the map marked “Parry Local Environmental Plan 1987 (Amendment No 2)”—subdivision into 3 allotments.

sch 2: Am 22.8.1997.

Schedule 3 Development standards

(Clause 15)

A reticulated water supply, adequate for domestic and fire-fighting purposes, is to be provided to the subject land.

The land is to be suitable for the on-site disposal of sewage and domestic waste water.

Adequate electricity, telephone and postal services are to be available to the land.

Access to Tamworth (or to other towns and villages within the Shire of Parry) is to be available by all-weather bitumen sealed roads of adequate engineering standard to accommodate the additional traffic likely to be generated by the subdivision.

The carrying out of the development is not to create a demand for the unreasonable or uneconomic provision or extension of public amenities or public services, whether by the Council or by another public authority.

The land does not have direct access to a main or arterial road or to any other road where the point of access is within 90 metres of the intersection of that road and a main or arterial road.

The carrying out of the development on the land will not have the effect of significantly reducing the long-term agricultural production potential of the residue of that land or the adjoining land.

The carrying out of the development will not have an adverse effect on sources of extractive material or create (or tend to create) conflict between the development and existing or potential extractive industry development.

The carrying out of the development will not have an adverse effect on existing intensive agricultural development.

Adequate measures, including the incorporation of buffers as stipulated in a development control plan prepared by the Council, have been taken to minimise conflict or potential conflict between the development and existing or potential conflicting land uses.

The carrying out of the development will not prejudice future expansion of urban areas.

The risk of bushfire damage to the development and surrounding areas will be minimised.

Adequate measures will be taken on the land to minimise the risk of damage from soil erosion.

Drainage works carried out on the land will not have a detrimental impact on adjoining land.

The carrying out of the development will not detract from the existing rural character of the locality.

Access road within the subdivision will be sited and designed so as to be efficient and practical, having regard to anticipated traffic volumes, while maintaining a rural character and minimising environmental impact.

The land on which the development is to be carried out is not flood-prone land.

sch 3: Ins 19.7.1991.

Schedule 4 Subdivision within Zone No 1 (c)—matters for environmental impact report

(Clause 15)

The report must cover the following:

(a) a full description of the land in respect of which development consent is sought, and of the proposed subdivision,

(b) a statement of the objectives of the proposed development and how it relates to the objectives of the relevant zone,

(c) a full description of the existing environment likely to be affected by the proposed development if it is carried out,

(d) an identification and analysis of the likely environmental impact or consequences of carrying out the proposed development,

(e) details of the measures to be taken to mitigate likely adverse environmental effects and an assessment of the likely effectiveness of those measures,

(f) justification of the proposed development in terms of environmental, economic and social considerations,

(g) the consequences of not carrying out the development,

(h), (i) (Repealed)

(j) the matters specified in any development control plan prepared by the Council;

(k) any other matters notified to the intending applicant by the Council in writing.

sch 4: Ins 19.7.1991. Am 2008 (571), Sch 3.138 [5].

Schedule 5 Exempt development

Column No 1	Column No 2
Development	Circumstances for exemption
Aerials Erection and use of aerials/antennae (not including satellite dishes, radio masts or microwave antennae)	Usage:	Domestic use only. Maximum of one per dwelling.
	Siting:	Wholly within the boundaries of the property.
	Structure:	Clearance from power lines is to be in accordance with the requirements of NorthPower or equivalent. Maximum of 6 metres above natural ground and supported on suitable galvanised steel brackets on a minimum 450 mm diameter and 900 mm deep footings belled at the bottoms on uniform stable ground (alternatively, an engineer’s certification for the structure and footings is to be obtained and observed).
	Services:	The structure is to be located clear of any sewer main by a minimum distance of 1 metre from the main centreline or the equivalent invert depth of the main, whichever is the greater. Not to encroach into any registered easement.
Air conditioning units Installation and use of air conditioning units ancillary to dwellings (attached to external wall or ground mounted)	Structure	The building work must not reduce the structural integrity of the building. Any opening created is to be adequately weatherproofed.
	Siting	To be located a minimum of 3 metres from any property boundary.
Aviaries, cabanas, gazebos, green/fern houses Erection and use of aviaries, cabanas, gazebos and green/fern houses	Maximum Size	15m² floor area. 2.4 metres high.
	Structure	Must be comprised only of non reflective materials and prefabricated metal. To be fixed down to a reinforced concrete slab having a minimum thickness of 100mm to be reinforced with F62 mesh. Reinforcement steel to be placed between 25–30mm below the top of the finished slab and mesh lapped by 225mm. Not to be constructed over house surcharge/overflow gully.
	Roofwater	Not to discharge onto adjoining properties, except when directed to street gutter, stormwater main, water tank (Village Zone, General Rural Zone, General Agriculture Zone, Hobby Farms Zone and Forestry Zone) or at least 3 metres clear of any structure (General Rural Zone, General Agriculture Zone, Hobby Farms Zone and Forestry Zone).
	Siting	Not to extend closer than 900mm (Village Zone) or 4 metres (General Rural Zone, General Agriculture Zone, Hobby Farms Zone and Forestry Zone) to the side or rear boundaries. Not to be erected within 6 metres (Village Zone) or 20 metres (General Rural Zone, General Agriculture Zone, Hobby Farms Zone and Forestry Zone) of any property boundary having frontage to a public road.
	Services	The structure is to be located clear of any sewer main or stormwater main by a minimum distance of 1 metre from the main or the equivalent invert depth of the main, whichever is the greater. Not to encroach into any registered easement.
Awnings to dwellings Erection and use of awnings on dwellings.	Maximum Size	20m² in area 2.4 metres high
	Structure	To be timber construction. Posts may be metal, masonry or concrete. Timber that is Oregon, radiata pine or other Durability Class 3 or 4 to be painted, stained or oiled. Timber in contact with ground to be Durability Class 1. Structural members to be designed and installed in accordance with the Building Code of Australia and the referenced Australian Standards for timber, steel and masonry, as amended from time to time.
	Footings	100mm concrete slab reinforced with F62 mesh placed 25 to 30mm from top of slab thickened to 200mm external perimeter. 300mm diameter × 450mm deep pad footing. The floor of footings must not cover or affect the existing sub-floor ventilation to associated buildings.
	Connections	Posts to be fixed to footings by a minimum two 10mm bolts or embedded into the ground a minimum of 800mm. Timber posts are to be connected by metal brackets so that the bottom of the post is a minimum 75mm above the finished ground and/or pavement level. Rafters attached to a building are to be fixed to a pitching plate of minimum size 100 × 50mm bolted or coach screwed to the frame at a maximum of 1200mm centres.
	Siting	To be erected wholly within the property boundaries. Not be erected within 6 metres (Village Zone) or 20 metres (General Rural Zone, General Agriculture Zone, Hobby Farms Zone and Forestry Zone) of the street boundary. Not to extend closer than 900mm (Village Zone) or 4m (General Rural Zone, General Agriculture Zone, Hobby Farms Zone and Forestry Zone) to the side or rear boundaries if erected within 900 mm of a dwelling.
	Services	To be erected a minimum of 1 metre from any Council sewer main or stormwater main. Not to encroach into any registered easement.
Barbecue/s Erection and use of barbecues.	Maximum size	Associated structure—Area of 20m² and height of 2 metres. Barbecue plate—Area of 2m².
	Cladding	Metal roof cladding permitted up to 10m², other cladding is not permitted.
	Siting	Wholly within property boundaries. Not to be within 900mm (Village Zone) or 4 metres (General Rural Zone, General Agriculture Zone, Hobby Farms Zone and Forestry Zone) of the side or rear boundary. Not within 6 metres (Village Zone) or 20 metres (General Rural Zone, General Agriculture Zone, Hobby Farms Zone and Forestry Zone) of any boundary having frontage to a public road. Not to be within 6 metres of an LPG tank which is not the energy source for the barbecue.
	Services	The structure is to be located clear of any sewer main or stormwater main by a minimum distance of 1 metre from the main or the equivalent invert depth of the main, whichever is the greater. Not to encroach into any registered easement.
	Usage	In association with a domestic household. Not to be used for commercial purposes.
Bus Shelters Erection and use of bus shelters.	Maximum Size	A maximum height of 2.7 metres above the natural ground surface level and of an area of less than 10 m².
	Structure	Structurally adequate construction.
	Other	Not obstruct the line of sight of vehicular traffic. Must reflect the character and amenity of the area. Must have non-reflective surface finishes. Must be designed and constructed by or for Council.
Carport/s (no enclosure) Erection and use of carports.	Maximum Size	50m² in area. 2.4 metres high.
	Structure	To be of timber or prefabricated steel construction. Posts may be metal, masonry or concrete. Timber that is Oregon, radiata pine or other Durability Class 3 or 4 to be painted, stained or oiled. Timber in contact with ground to be Durability Class 1. Structural members to be designed and installed in accordance with the Building Code of Australia and the referenced Australian Standards for timber, steel and masonry, as amended from time to time.
	Footings	100mm concrete slab reinforced with F62 mesh placed 25 to 30mm from top of slab thickened to 200mm external perimeter. 300mm diameter × 450mm deep pad footing. The floor of footings must not cover or affect the existing sub-floor ventilation to associated buildings.
	Connections	Posts to be fixed to footings by a minimum of two 10mm bolts or embedded into the ground a minimum of 800mm. Timber posts are to be connected by metal brackets so that the bottom of the post is a minimum 75mm above the finished ground and/or pavement level. Rafters attached to a building are to be fixed to a pitching plate of minimum size 100mm × 50mm bolted or coach screwed to the frame at a maximum of 1200mm centres.
	Siting	To be erected wholly within the property boundaries. Not be erected within 20 metres of the street boundary. Not to extend closer than 4 metres to the side or rear boundaries.
	Services	Not to encroach into any registered easement.
	Zoning	Only within the General Rural Zone, General Agriculture Zone, Hobby Farms Zone and Forestry Zone.
Cattle Grids Erection and use of cattle grids.	Located on private land and not within the public road reserve.
Changes of use of a building A different use of a building resulting from a change of its use: from one type of shop to another type of shop OR from one type of commercial premises to another type of commercial premises OR from a social or sporting club (other than a club registered under the Registered Clubs Act 1976) or a community or cultural centre to any other of those clubs or centres. Includes related changes to signage on the building.	Food Shop	Complies with the standards of the Food Act 1989 and the Australian Institute of Health Surveyors National Food Premises Code.
	Hairdresser’s Shops and Beauty Salons:	Complies with the relevant requirements of the Local Government (Orders) Regulation 1999.
	Signage	Only one underawning sign, one top hamper sign and one fascia sign may be erected or installed.
Clothes hoists/lines Erection and use of clothes hoists or lines associated with a dwelling-house.	Structure	Must be installed to manufacturer’s specifications.
	Siting	To erected wholly within the boundaries of the allotment. Must be within a rear or side yard only.
Cubby houses & playground equipment Erection and use of cubby houses and playground equipment.	Maximum Size	Area of 10m². 2.1 metres in height above ground.
	Siting	To be erected wholly within the property boundaries. Not to be erected within 6 metres of the street boundary.
	Services	The structure is to be located clear of any sewer main or stormwater main by a minimum distance of 1 metre from the main or the equivalent invert depth of the main, whichever is the greater. Not to encroach into any registered easement.
Decks Erection and use of unroofed decks attached to dwellings.	Maximum Size	Area of 10m². 1.5 metres in width.
	Structure	Finished surface/floor level not greater than 1 metre above existing ground level. Decks to be of timber or metal construction. Supporting piers may alternatively be masonry or concrete. Timber piers shall be durability Class 1 Timber. Untreated Class 3 or 4 timber eg Oregon, radiata pine shall not be used. Structural members to be designed and installed in accordance with the Building Code of Australia and the following referenced Australian Standard for timber, steel and masonry, as amended from time to time: AS1684—1992—National Timber Framing Code—Amdt 1, Sept 1993, Amdt 2, June, 1994, Amdt 3, Dec 1995 AS 1170—Minimum design loads on structures (SAA) Loading Code) Part 1—1989—Dead and live loads and load combinations —Amdt 1, Jan 1993 Part—1989—Wind loads—Amdt 1, Jan 1991 —Amdt 2, Jan 1993, Amdt 3, Dec 1993 AS1250—1981—The use of steel in structures (SAA Steel Structures Code)—Amdt 2, Oct 1984 AS3700—1998—Masonry structures AS3623—1993—Domestic metal framing AS3660—Protection of buildings from subterranean termites Part 1—1995—New buildings—Amdt 1, Dec 1996 AS/NZS 4600—Cold-formed steel structures AS 4055—1992—Wind loads for housing—Amdt 1, Dec 1994 Decking Thickness a minimum of 25mm (HWD), 35 mm (cypress and treated pine). Steps to comply with Riser (R) min 115 max 190. Going (G) mm 240 max 355. Quantity (2R + G) min 550 max 700.
	Connection	Each post to be fixed to footings with galvanised brackets or embedding into ground a minimum of 450mm. Each bearer shall be housed 25mm into posts and bolted with 2 × M12 bolts. Bearer fastened to existing masonry wall using M12 galvanised expansion bolts at a maximum of 1 m spacing. Fasten to timber stud walls using galvanised coach screws into every second stud. Joists to bearers shall be skew nailed using 2 × 75mm × 3.75 mm galvanised nails. Alternatively use fabricated galvanised brackets. Nail decking to joists using 2 × 65mm × 2.8mm galvanised bullethead nails to each joist.
	Siting	To be erected wholly within the property boundaries. Not be erected within 6 metres (Village Zone) or 20 metres (General Rural Zone, General Agriculture Zone, Hobby Farms Zone and Forestry Zone) of the street boundary. Not to extend closer than 900mm (Village Zone) or 4 metres (General Rural Zone, General Agriculture Zone, Hobby Farms Zone and Forestry Zone) to the side or rear boundaries if erected within 900mm of a dwelling.
	Services	To be erected a minimum 1 metre from any Council sewer main or stormwater main. Not to encroach into any registered easement.
Draw water from a Council water supply or a standpipe (Obtaining water)	Regulation	Only if activity may be carried out without the prior approval of the Council pursuant to clause 24 of the Local Government Approvals Regulation 1999.
Fences Erection of fences (other than fences covered by the Swimming Pools Act 1992)	General	All fences are to be constructed so as to not prevent the natural flow of surface water or stormwater drainage.
	Boundary Fences (between building line and street) in Village Zone	Boundary fencing shall be located in accordance with registered plans as prepared by a registered surveyor. Maximum height of 1 metre if constructed of timber, metal or lightweight materials.
	Side and Rear Fences (between building line and rear boundary)	Maximum height of 1.8 metres if constructed of timber, metal or lightweight materials.
	General Rural Zone General Agriculture Zone, Hobby Farm Zone and Forestry Zone.	Electric fences to be erected in accordance with AS 3014—1991—Electrical Installation—Electric fences.
	Other	Fences must be structurally sound. These requirements do not set aside the provisions of the Dividing Fences Act 1991.
	Masonry or Brick	Maximum height of 600 mm.
Flag Poles Erection and use of flag poles	Maximum Height	Maximum 6 metres above ground level. Does not extend into the Obstacle Height Limitation of any airport.
	Siting	Wholly within the boundaries of the property.
	Structure	Free-standing and not relying on other structures for support. Clearance from power lines is to be in accordance with the requirements of NorthPower or equivalent. Supported on suitable galvanised steel brackets on 450 diameter and 900 mm deep footings belled at the bottom on uniform stable ground.
	Services	The structure is to be located clear of any sewer main or stormwater main by a minimum distance of 1 metre from the main or the equivalent invert depth of the main, whichever is the greater. Not to encroach into any registered easement.
Fuel tanks (Installation of fuel tanks to be used in conjunction with normal agricultural activities on the property on which they are situated).	Maximum Size	Size by volume—3000 litres.
	Structure	To be constructed of prefabricated metal. To be free-standing and not relying on other structures for support. To be erected in accordance with manufacturers’s specification.
	Setback	Not to be erected within 20 metres of the street boundary. Not to be erected within 4 metres of the side or rear boundary.
	Siting	Wholly within the boundaries of the property. Clearance from power lines to be in accordance with the requirements of NorthPower or equivalent. Not to encroach on any registered easement.
	Zoning	Only within the General Rural Zone, General Agriculture Zone, Hobby Farms Zone and Forestry Zone.
Garden Shed Erection and use of garden sheds.	Maximum Size	15m² in floor area. 2.1 metres in height above ground level.
	Structure	Must consist of non reflective surfaces and prefabricated metal compounds. To be fixed down to a reinforced concrete slab having a minimum thickness of 100mm to be reinforced with F62 mesh. Reinforcement steel to be placed between 25–30mm below the top of the finished slab and mesh lapped by 225mm. Not to be constructed over house surcharge/overflow gully.
	Roofwater	Not to discharge onto adjoining properties but may be directed to street gutter, stormwater main, water tank or at least 3 metres clear of any structure (General Rural Zone, General Agriculture Zone, Hobby Farms Zone and Forestry Zone).
	Siting	To be erected within the boundaries of the allotment. Not to be erected within 900mm (Village Zone) or 4 metres (General Rural Zone, General Agriculture Zone, Hobby Farms Zone and Forestry Zone) of the side or rear boundaries. Rear yard only.
	Services	The structure is to be located clear of any sewer main or stormwater main by a minimum distance of 1 metre from the main or the equivalent invert depth of the main, whichever is the greater. Not to encroach into any registered easement.
Gas cylinders (domestic) Installation and use of gas cylinders.	Structure	Placed on a minimum 100mm thick reinforced concrete slab.
	Siting	To be placed in accordance with the LP Gas Installation Code or equivalent.
Goal posts, sight screens and similar ancillary sporting structure/s. Erection of goal posts, sight screens and similar ancillary sporting structures on sporting or playing fields for use in the playing or performance of sporting events (excluding grandstands, dressing sheds and other structures)	General	Constructed by or for Council and installed in accordance with the relevant Australian Standards, if any, and Building Code of Australia. Structures to be located in public parks or recreation grounds. Buildings that accommodate people excluded.
Home occupations The use of a dwelling-house or a dwelling for an occupation carried on only by the permanent residents of the dwelling-house or a dwelling that does not require registration of the premises under the Factories, Shops and Industries Act 1962.	Usage	Not to be used as a brothel.
Horse stables and animal shelters Erection of horse stables (for the keeping of up to 4 horses) and animal shelters.	Maximum Size	15m² in area. 2.7 metres high
	Structure	To be of timber (cut or round) or metal construction. Timber that is Oregon, radiata pine or other Durability Class 3 or 4 to be painted, stained or oiled. Timber in contact with ground to be Durability Class 1. Structural members to be designed and installed in accordance with the Building Code of Australia and the following referenced Australian Standards for timber, steel and masonry, as amended from time to time: AS1684—1992—National Timber Framing Code—Amdt 1, Sept 1993, Amdt 2, June, 1994, Amdt 3, Dec 1995 AS 1170—Minimum design loads on structures (SAA) Loading Code) Part 1—1989—Dead and live loads and load combinations —Amdt 1, Jan 1993 Part 2—1989—Wind loads—Amdt 1, Jan 1991 —Amdt 2, Jan 1993, Amdt 3, Dec 1993 AS1250—1981—The use of steel in structures (SAA Steel Structures Code)—Amdt 2, Oct 1984 AS3700—1998—Masonry structures AS3623—1993—Domestic metal framing AS3660—Protection of buildings from subterranean termites Part 1—1995—New buildings—Amdt 1, Dec 1996 AS/NZS 4600—Cold-formed steel structures AS 4055—1992—Wind loads for housing—Amdt 1, Dec 1994
	Cladding	Low reflective finish. Fixed in accordance with manufacturer’s specifications.
	Connections	Beams are to be fixed to posts with 2 × M10 bolts.
	Roofwater	To be piped clear of all structures and scouring of the soil prevented at the point of discharge.
	Footings	100mm concrete slab reinforced with F62 mesh placed 25–30mm from top of slab. Provide a 300 × 300 edge beam to slab with 1 layer of F8TM placed 50mm from bottom of edge beam.
	Siting	To be erected within the boundaries of the property. Not to be erected within 20 metres of a road boundary or within 4 metres of the side or rear boundaries. Not within 20 metres of a dwelling-house.
	Services	Not to encroach on any registered easement.
Installation of a relocatable home, associated structure, caravan, tent, campervan or annexe	Regulation	Only if development may be carried out without the prior approval of the Council pursuant to clause 11, 12 or 13 of the Local Government (Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 1995.
Installation of a manufactured home on a manufactured home estate.	Regulation	Only if development may be carried out without the prior approval of the Council pursuant to clause 10 of the Local Government (Manufactured Home Estates and Manufactured Homes) Regulation 1995.
Landings, patios (no roofing), and ramps for the disabled. Erection and use of landings, patios (with no roofing) and ramps for the disabled.	Maximum Size	15m² in area. 1.5 metres in width.
	Structure	Finished surface/floor level not greater than 400mm above existing ground level. To be concrete construction. Not to be constructed over house surcharge of overflow gully.
	Concrete Slab	Concrete slab shall be a minimum of 100mm thick reinforced with 1 layer of F72 mesh located 25–30mm from top of slab supported on appropriate chairs. A minimum 300 × 200mm edge beam shall be provided, reinforced with 1 layer of 3 bar F8TM located a minimum of 50mm from bottom of footing supported on appropriate chairs. Place a waterproof membrane with a minimum thickness of 0.2mm under the whole area of slab and edges, all joints to be lapped a minimum of 200mm. Concrete shall not be less than 20 MPa grade, with 20mm nominal maximum aggregate size and 80 mm slump.
	Siting	To be erected wholly within the property boundaries. Not to be erected within 6 metres (Village Zone) or 20 metres (General Rural Zone, General Agriculture Zone, Hobby Farms Zone and Forestry Zone) of the street boundary. Not to extend closer than 900mm (Village Zone) or 4 metres (General Rural Zone, General Agriculture Zone, Hobby Farms Zone and Forestry Zone) to the side or rear boundaries if erected within 900mm of a dwelling. Adequate underfloor ventilation must be provided to existing timber floors. White ant barriers must not be bridged.
	Services	To be erected a minimum 1 metre from any Council sewer main or stormwater main. Not to encroach into any registered easement.
Machinery or Hay Sheds. Erection and use of machinery or hay sheds.	Maximum Individual Size	180m² in area. 6 metres in height.
	Maximum Total Size	600m² in area (adjacent or adjoining sheds).
	Structural	Constructed of non reflective materials and prefabricated metal or timber.
	Roofwater	Not to discharge onto adjoining properties. Directed to a water tank or at least 3 metres clear of any structure.
	Siting	To be erected within the boundaries of the allotment. Not to be erected within 20 metres of a boundary adjoining a road or within 4 metres of rear and side boundaries. Not to encroach into any registered easement. To be located clear of septic disposal area or other services. Clearance from power lines is to be in accordance with the requirements of NorthPower or equivalent. Not to be erected on or adjacent to ridge lines. Not to be within 100 metres of a dwelling on an adjoining property.
	Zoning	Only within the General Rural Zone, General Agriculture Zone and Forestry Zone.
Minor internal renovations/alterations to single dwelling-houses	Type	Non-structural work only, such as: • replacement of doors, or wall, ceiling or floor linings, or deteriorated frame members with equivalent or better quality materials. • renovations of bathrooms and kitchens by inclusion of built-in fixtures such as vanities, cupboards and wardrobes. Applies only to alterations or renovations to lawfully approved buildings. Work not to include changes to the configuration of rooms whether by removal or existing walls, partitions or other means. Work not to cause reduced light or ventilation from windows or reduced doorways for egress purposes or involve enclosure of open areas.
	Plumbing and Drainage	There are to be no alterations to plumbing and drainage except for minor relocation of fixtures and fittings. Any alterations to plumbing and drainage is to be carried out by person licensed by the Department of Fair Trading to carry out that work.
Oil or fuel burning appliance. Install a domestic oil or fuel burning appliance in a building.	Installation criteria	The installation of a stove, heater or similar appliance in a building must comply with: (a) AS1691—1985domestic oil-fired appliances—installation , and (b) AS2918—1990domestic solid-fuel burning appliances,—installation, and (c) AS1200—1994pressure equipment.
	Regulation	Only if activity may be carried out without prior approval of Council pursuant to clause 73 of the Local Government (Approvals) Regulations 1999.
Park and street furniture Erection and use of seats, bins and tables.	General	Construction by or for Council and designed, fabricated and installed in accordance with relevant Australian Standards (if any) and Building Code of Australia. Structures to be located on land under Council’s control and management.
Pergola. Erection and use of pergola.	Maximum Size	50m² in area.
	Cladding	2.4 metres in height. Shade-cloth permitted. Light timber battens spaced with a minimum 25mm gap between each batten permitted. Lattice permitted. No solid cladding capable of shedding water, eg metal, plastic, or translucent material.
	Structure	To be of timber construction. Posts may be metal, masonry or concrete. Timber that is Oregon, radiata pine or other Durability Class 3 or 4 to be painted, stained or oiled. Timber in contact with ground to be Durability Class 1. Structural members to be designed and installed in accordance with the Building Code of Australia and the following referenced Australian Standards for timber, steel and masonry, as amended from time to time: AS1684—1992—National Timber Framing Code—Amdt 1, Sept 1993, Amdt 2, June, 1994, Amdt 3, Dec 1995 AS 1170—Minimum design loads on structures (SAA) Loading Code) Part 1—1989—Dead and live loads and load combinations —Amdt 1, Jan 1993 Part 2—1989—Wind loads—Amdt 1, Jan 1991 —Amdt 2, Jan 1993, Amdt 3, Dec 1993 AS1250—1981—The use of steel in structures (SAA Steel Structures Code)—Amdt 2, Oct 1984 AS3700—1998—Masonry structures AS3623—1993—Domestic metal framing AS3660—Protection of buildings from subterranean termites Part 1—1995—New buildings—Amdt 1, Dec 1996 AS/NZS 4600—Cold-formed steel structures AS 4055—1992—Wind loads for housing—Amdt 1, Dec 1994
	Footings	Either 100mm concrete slab reinforces with F62 placed 25 to 30 mm from top of slab and thickened to 200mm external perimeter, or 300mm diameter × 450mm deep pad footing. The floor or footings must not cover or affect the existing sub-floor ventilation to associated buildings.
	Connections	Posts to be fixed to footings by a minimum two 10mm bolts or embedded into the ground a minimum of 800mm. Timber posts are to be connected by metal brackets so that the bottom of the post is a minimum 75mm above the finished ground or pavement level. Rafters attached to a building are to be fixed to a pitching plate of minimum size 100 × 50mm bolted or coach screwed to the frame at every second stud or at a maximum of 1200mm centres to a masonry wall.
	Siting	To be erected wholly within the property boundaries. Not be erected within 6 metres (Village Zone) or 20 metres (General Rural Zone, General Agriculture Zone, Hobby Farms Zone, and Forestry Zone) of the street boundary. Not to extend closer than 900mm (Village Zone) or 4 metres (General Rural Zone, General Agriculture Zone, Hobby Farms Zone, and Forestry Zone) to the side or rear boundaries if erected within 900mm of a dwelling.
	Services	To be erected a minimum 1 metre from any Council sewer main or stormwater main. Not to encroach into any registered easement.
Playground equipment (Community Land) Erection and use of playground equipment on community land.	General	Construction by or for Council and designed, fabricated and installed in accordance with AS1924.1—1981, AS1924.2—1981, AS4422—1996 and AS4486—1997. Structures to be located on land under Council’s control and management.
Public meetings The use of a building that is a class 9b building under the Building Code of Australia for the purpose of a public meeting.	Nil
Radio masts and microwave antennae and aerials (not including Satellite Dishes) Erection and use of radio masts and microwave antennae and aerials.	Size	Microwave antennae—reflector element a maximum of 650mm diameter.
	Usage	Domestic use only.
	Siting	Wholly within the boundaries of the property.
	Structure	Clearance from power lines is to be in accordance with the requirements of NorthPower or equivalent. Maximum of 6 metres above natural ground and supported on suitable galvanised steel brackets on 450 mm diameter and 900mm deep footings belled at the bottoms (alternatively an engineer’s certification for the structure and footings is to be obtained and observed). Not to exceed 3.6 metres above roof ridge line.
	Services	The structure is to be located clear of any sewer main or stormwater main by a minimum distance of 1 metre from the main centreline or the equivalent invert depth of the main, whichever is the greater. Not to encroach into any registered easement.
Rain water storage tanks Erection and use of rain water storage tanks, at or above ground level.	Maximum Size	Maximum capacity 45,000 litres (10,000 gall). Diameter maximum 3.0 metres. Maximum height 3.0 metres.
	Structural	Prefabricated by an established manufacturer. Located directly on the ground. A stand may be used if the capacity of the tank is less than 2,500 litres. The water tank inlet is to be screened to prevent entry of any foreign or animal matter into the tank and to preclude or discourage the breeding of mosquitoes.
	Siting	Wholly within the property boundaries. Minimum of 900mm from the side and rear boundaries, except on corner allotments. Not to be on an elevation having frontage to the street except on corner allotments. Not to be within 6 metres of any boundary having frontage to a public road. Located clear of any registered easement.
	Drainage	The overflow is to be controlled by piping to: (a) the street gutter, or (b) stormwater main on the property, or (c) a point at least 3 metres clear of any structure and splayed to prevent scouring.
	Water Connection	Not to be interconnected with Council’s reticulated water supply. Taps are to be clearly marked indicating water source. If used for drinking there is to be no interconnection with any bore water supply. A dual check valve is to be installed immediately downstream of any water meter, by a plumber licensed by the Department of Fair Trading.
	Services	The structure is to be located clear of any sewer main or stormwater main by a minimum distance of 1 metre from the main centre line or the equivalent invert depth of the main, whichever is the greater. Not to encroach into any registered easement.
Ramps for persons with a disability. Construction and use of such ramps.	Size	Maximum height 1 metre Maximum grade 1:14 and in compliance with AS 1428.1—1998.
	Siting	Not to encroach into a public place.
Re-cladding of existing building	Walls	Accredited* lightweight product NOT concrete or masonry. Fixed in accordance with AS 2921—1987Unplasticised polyvinyl chloride (UPVC) wall cladding—General installation requirements. No alteration to services. No alteration to the size or shape of the existing building. Not to protrude any more than 50 mm from the existing cladding. Low reflective finish.
Re-cladding of existing building	Roof	Accredited* material of similar weight or of less weight to existing cladding, ie existing tiled roof reclad with roof tiles or existing metal clad roof reclad with metal cladding. Fixed in accordance with manufacturer’s recommendations and relevant standards. Roofwater controlled by roof guttering to downpipes and stormwater drainage connected to the street gutter or stormwater mains at an existing point of connection. * “Accredited” as used above means a product that has a satisfactory appraisal issued by a registered testing authority or which is to a relevant Standards Australia Association standard.
Retaining wall. Erection of retaining wall associated with a dwelling-house.	Siting	Wholly within the boundaries of the allotment.
	Height	Maximum 600 mm high.
	Structure	Footing 450 mm wide × 300 mm deep Reinforced 1 layer F8YM top and bottom. R6 ligatures at maximum 1 metre centres. Walls 230 mm thickness brickwork (or 2 skins of brickwork), or 200 mm of reinforced concrete block work filled with concrete and reinforced with 12 mm bars at 400 mm centres. Drainage Agricultural drainage discharging onto the property, or to the street gutter, to a stormwater main, or Weepholes if the discharge does not enter adjoining properties.
	Compliance with standards	Masonry walls to comply with: AS 3700—1998—SAA Masonry Code AS3600—1994—Concrete structures AS1170.1—1989—Loading Code—Dead and live loads and load combinations. Timber walls to comply with: AS1720.1—1997—Timber Structures—Design methods AS1170.1—1989—Loading Code—Dead and live loads and load combinations. All retaining walls are to be constructed so that they do not prevent the natural flow of stormwater drainage.
	Services	The structure is to be located clear of any sewer main or stormwater main by a minimum distance of 1 metre from the main or the equivalent invert depth of the main, whichever is the greater. Not to encroach into any registered easement.
Satellite dishes. Erection and use of satellite dishes.	Size	Maximum dish diameter of 900 mm excluding any projecting feed element.
	Usage	Domestic use only.
	Siting	Wholly within the boundaries of the property.
	Structure	Clearance from power lines is to be in accordance with the requirements of NorthPower or equivalent. Maximum of 6 metres above natural ground and supported on suitable galvanised steel brackets on 450 diameter and 900 mm deep footings belled at the bottom. Alternatively an engineer’s certification for the structure and footings is to be obtained and observed. Not to project above ridge line of the roof. Not to be mounted on the roof or facade of a building at the frontage to a public place or road.
	Services	The structure is to be located clear of any sewer main or stormwater main by a minimum distance of 1 metre from the main or the equivalent invert depth of the main, whichever is the greater. Not to encroach into any registered easement.
Signs Erection of the following signs. (1) Business identification signs erected over a public road in a zone allowing business uses.	(a) General Requirements (i) the erection of any advertising structure must comply with the Building Code of Australia, including section B1 (“Structural Provisions”), (i) signs must not cover mechanical ventilation inlet or outlet vents, and (ii) advertising structures over public road to be at least 600 mm from kerb or roadway edge. (b) In addition, for suspended under awning signs: (a) one per premises, (b) securely fixed by metal supports, (c) not exceeding 1.5m² in area, and (d) if over a public road, suspended at a height no less than 2.6 metres above ground/pavement area. (c) In addition, for top hamper signs: (a) one per premises, (b) securely fixed, (c) not exceeding 2.5 m² in area, and (d) not erected on an item of the environmental heritage unless using existing approved fittings, approved at an earlier time by the Council in connection with a sign.
(2) Commercial signs for the following types of advertisements: an internal shop window display, any advertisements which are not visible from a public road, river, railway or public park, a change of message for an existing unilluminated sign in the Village Zone and for which consent has been granted, a change of message for an existing illuminated sign for which consent has been granted where there is no increase in the area of the sign or intensity of illumination in the Village Zone, a commercial sign, being an advertisement, whether illuminated or not, a temporary advertisement which is displayed for a period or periods not exceeding two months in total in any one year, a public notice in a public reserve.
(3) Directional signs for the specific purpose of directing the travelling public to a tourist facility or to buildings or places of scientific, historical or scenic interest.	(d) In addition, for directional signs: (i) the advertisement must relate to a specific building or place, and (ii) the principal purpose of the advertisement must be to direct the travelling public to that building or place.
Silos Erection and use of silos in conjunction with normal agricultural activities on the property on which they are situated.	Maximum Size	Size by capacity mass—120 tonnes.
	Structure	Prefabricated metal. Free-standing and not relying on other structures for support. Erected in accordance with manufacturer’s specifications.
	Setback	Not to be erected within 20 metres of the street boundary. Not to be erected within 4 metres of the side or rear boundary.
	Siting	Wholly within the boundaries of the property. Clearance from power lines to be in accordance with the requirements of NorthPower or equivalent. Not to encroach on any registered easement.
	Zoning	Only within the General Rural Zone and General Agriculture Zone.
Skylights Construction of skylights, roof windows (non-opening), solar tubes and roof vents.	General	The building work must not reduce the structural integrity of the building or involve structural alterations. Any opening created by the installation must be adequately weatherproofed.
	Size	Maximum area of skylight not to exceed 1 m² and not more than one installation per 25 m² of roof area.
	Structure	Installation must be to manufacturer’s instructions.
	Siting	Located not less than 900 mm from a property boundary and not less than 900 mm from a wall separating attached dwellings.
Street signs (public) Erection of street signs.	General	Constructed by or for Council to the design, installation and fabrication requirements of the relevant Australian Standard.
Street signs (public) Erection of street signs.	Structure	Signs to be structurally sound.
Stockyards (rural) Erection of stockyards for use in conjunction with normal agricultural activities on the property (excluding commercial or intensive uses)	Maximum Size	½ hectare in area. 2.4 metres high.
	Structure	Timber or metal.
	Setback	Not to be erected within 20 metres of the street boundary. Not to be erected within 4 metres of the side or rear boundary.
	Siting	Wholly within the boundaries of the property. Not to encroach on any registered easement. Not to be erected within 50 metres of a water course. Not to be erected within 50 metres of a dwelling on an adjoining property.
Temporary use of a building	General	The new use is a temporary use of an existing lawful building that does not exceed 25 metres in height for public entertainment over a period not exceeding 72 hours.
Tennis courts Erection and use of tennis courts.	General	No other associated structures are erected for example, court lighting. Not on land potentially contaminated.
Tennis courts Erection and use of tennis courts.	Zoning	Only within the General Rural Zone, General Agriculture Zone and Hobby Farms Zone.
Trellis/garden arch Erection and use of trellis or garden arch.	Maximum Size	50 m² in area. 2.4 metres high maximum size. Shade-cloth permitted. Light timber battens spaced with a minimum of 25 mm gap. Lattice permitted. No solid cladding capable of shedding water eg metal, plastic or translucent material.
	Structure	To be timber of construction, posts may be metal, masonry or concrete. Timber that is Oregon, radiata pine or other Durability Class of 3 or 4 to be painted, stained or oiled. Timber in contact with ground to be Durability Class 1. Structural members to be designed and installed in accordance with the Building Code of Australia and the following referenced Australian Standard for timber, steel and masonry, as amended from time to time: AS1684—1992—National Timber Framing Code—Amdt 1, Sept 1993, Amdt 2, June, 1994, Amdt 3, Dec 1995 AS 1170—Minimum design loads on structures (SAA) Loading Code) Part 1—1989—Dead and live loads and load combinations —Amdt 1, Jan 1993 Part 2—1989—Wind loads—Amdt 1, Jan 1991 —Amdt 2, Jan 1993, Amdt 3, Dec 1993 AS1250—1981—The use of steel in structures (SAA Steel Structures Code)—Amdt 2, Oct 1984 AS3700—1998—Masonry structures AS3623—1993—Domestic metal framing AS3660—Protection of buildings from subterranean termites Part 1—1995—New buildings—Amdt 1, Dec 1996 AS/NZS 4600—Cold-formed steel structures AS 4055—1992—Wind loads for housing—Amdt 1, Dec 1994
	Footings	100 mm concrete slab reinforced with F62 mesh placed 25 to 30 mm from top of slab thickened to 200mm external perimeter, or 300mm diameter × 450 mm deep pad footing. The floor of footings must not cover or affect the existing sub-floor ventilation to associated buildings.
	Connections	Posts to be fixed to footings by a minimum two 10 mm bolts or embedded into the ground a minimum of 800 mm. Timber posts are to be connected by metal brackets so that the bottom of the post is a minimum 75 mm above the finished ground or pavement level. Rafters attached to a building are to be fixed to a pitching plate of minimum size 100 × 50 mm bolted or coach screwed to the frame at every second stud or at a maximum of 1200 mm centres to a masonry wall.
	Siting	To be erected wholly within the property boundaries. Not to be erected within 6 metres (Village Zone) or 20 metres (General Rural Zone, General Agriculture Zone, Hobby Farms Zone and Forestry Zone) of the street boundary. Not to extend closer than 900 mm (Village Zone) or 4 metres (General Rural Zone, General Agriculture Zone, Hobby Farms Zone and Forestry Zone) to the side or rear boundaries if erected within 900 mm of a dwelling.
	Services	To be erected a minimum 1 metre from any Council sewer main or stormwater main. Not to encroach into any registered easement.
Waste storage container Place a waste storage container in a public place.	Maximum Size	Container length of 3 metres. Single container only.
	General	Waste containers to be located and designed strictly in accordance with the requirements and guidelines of the Roads and Traffic Authority. Maximum duration of the activity being a total of fourteen days from the date of the placement of the container in the public place to removal date. The supplier of the waste container must ensure that there is a minimum of $10 million public liability or risk insurance cover for the placement of the waste container in a public place. The container being of a light colour with the name and address of the owner or proprietor clearly displayed. The waste container is used in association with works approved by Council.
Windows Replacement of windows.	General	Replacement in residential premises with materials that comply with: (c) AS 1288—1994Glass in buildings—Selection and installation, and (d) AS 2208—1996Safety glazing materials for use in buildings. No reduction in the area provided for light and ventilation is permitted and structural support members in the wall concerned cannot be removed.

schs 5–7: Ins 19.5.2000.

Schedule 6 Complying development

Column No 1	Column No 2
Development	Circumstances for complying
Alterations or additions to a single storey dwelling house	Streetscape Complies with a building line provided in Council’s adopted policy entitled “Building Line”.
	Bulk and Scale The ground floor of the structure at any point is to be no more than 400 mm above natural ground level. The distance between the floor level and the underside of the eaves is to be no more than 2.7 metres. The roof pitch is to be no more than 24 degrees and any openings are flush with the roof pitch. The external wall of any structure is to be at least 900 mm from a side or rear boundary.
	Privacy and Security Windows in a habitable room that allow an outlook to a window to a habitable room in an adjoining dwelling and are within 9 metres: are to be offset from the edge of one window to the edge of the other by a distance of 0.5 metres, or have sill heights of at least 1.7 metres above the floor, or have fixed opaque glazing in any part of the window below 1.7 metres above floor level.
	Site Access and Circulation Where kerb and gutter is provided, driveways are to be a minimum of 500 mm clear of all drainage structures on the kerb and gutter and are not to interfere with the existing public utility infrastructure, including Council’s drainage structures, unless prior approval is obtained from the relevant authority. Driveways within the road reserve are to be constructed to Council’s specification. A minimum of one parking space per dwelling is to be provided (either an open space or a covered space) and is to be located behind the relevant building line. Such a space is to measure a minimum 5.5 metres in length and a minimum width of 2.5 metres. Open parking spaces, access ways and driveways are to be surfaced with material of a permeable nature or are to be graded to provide for on-site stormwater infiltration.
Bed and breakfast accommodation. The use of an existing lawful dwelling by its permanent residents for the temporary accommodation of visitors for commercial purposes	Size Not to exceed more than 3 guest rooms.
	Signage Maximum of one per dwelling. Maximum area of 0.6m² in area.
	General Approval has been obtained from the owners corporation, or the community, precinct or neighbourhood association, where a dwelling is subject to the Strata Schemes Management Act 1996 or the Community Land Management Act 1989. Complies with AS 3786—1993—Smoke alarms and AS 3000—1991—Electrical installations—Buildings, structures and premises. Has a fire extinguisher and fire blanket in the kitchen. Has a minimum of two bathrooms.
Carports, garages and pergolas Erection of carports, garages and pergolas associated with a dwelling-house (does not include a carport/pergola referred to in Schedule 5).	General Must be ancillary to a dwelling-house and for private use only.
	Streetscape Complies with a building line provided in Council’s adopted policy entitled “Building Line”.
	Bulk and Scale The area under the roof is to be not more than 54 m². One horizontal dimension is to be not more than 9 metres. The wall height at the eaves line is to be not more than 3 metres. The roof pitch is to be not more than 24 degrees and any openings are to be flush with the roof pitch. The wall cladding, other than face brick, is to be painted or pre-coloured.
Demolition of a building or structure.	General Complies with the requirements of AS2601—1991. Is not done using the implosion method of demolition. The erection of the building or structure to be demolished will be exempt or complying development under this plan. The structure to be demolished is not a retaining wall.
Rural outbuildings. Erection of rural outbuildings (not including silos of less than 120 tonnes capacity, horse stables of less than 15 square metres, windmills, water storage tanks, stockyards of less than 0.5 ha in area, or rural fuel tanks with a capacity of less than 5000 litres)	Streetscape Complies with a building line provided in Council’s adopted policy entitled ”Building Line”.
	Bulk and Scale The external wall of any structure is to be at least 4 metres from any boundary. Not to be used for commercial or industrial activities unless the activity is permissible without consent.
Subdivision for the purpose of: (a) making an adjustment to a boundary between allotments or (b) rectifying an encroachment upon an allotment.	General No water, sewerage or stormwater connection to the property requires relocation as a result of the proposal. The area of the allotment is not changed by more than 10%. Will not result in any building contravening the deemed-to-satisfy provisions of the Building Code of Australia. Will not create any additional allotments.
Swimming pool Construction and installation of swimming pools associated with a dwelling-house.	General Must be ancillary to a dwelling-house and for private use only.
	Streetscape Is not located between the dwelling and the front boundary.
	Bulk and Scale All coping or decking around the pool is to be no more than 500 mm above the natural ground level. The pool is to be located at least 0.9 metres from the side and rear boundaries.
	Privacy and Security The noise level of any filtration equipment or pumps shall not exceed 5dBA above the ambient background level measured at the property boundary.
	Structure Construction and installation must be undertaken in accordance with a certificate prepared by a practising structural engineer.
Temporary buildings The erection of a building and its use for a period not exceeding 5 years specified in the application for a complying development certificate, being a building that is not used for residential purposes, or for the storage or handling of inflammable materials.	General The maximum height of the building is 1 storey. Building is set back from every boundary of the lot by a minimum of 3 metres.

schs 5–7: Ins 19.5.2000.

Schedule 7 Conditions for complying development certificates

(Clause 40)

1 Compliance with the Building Code of Australia

All building work must be carried out in accordance with the deemed-to-satisfy provisions of the Building Code of Australia.

2 Prior to commencement of work

Prior to commencing work the applicant must appoint a Principal Certifying Authority to carry out the inspections required by these conditions and issue certificates of compliance.
The Principal Certifying Authority may be either an accredited certifier or Parry Shire Council.
Two days before any work commencing on the site the applicant must:
(i) forward Form 7 of the Regulation to notify Council of commencement of work and the appointment of a Principal Certifying Authority (if the Principal Certifying Authority is not the Council, the accredited certifier registration number must be included), and
(ii) notify the adjoining owners that work will commence.

3 Inspections

(a)  The following inspections are required to be carried out by a person authorised by the Principal Certifying Authority and a Compliance Certificate is to be issued in respect of each inspection. All Compliance Certificates and the Occupation Certificate, if required, are to be submitted to Council prior to occupation:
(i)  Pier holes, pads or bulk piers before concrete is poured,
(ii)  Trenches with reinforcement steel in position,
(iii)  Concrete slabs with reinforcement steel in position,
(iv)  Swimming pool reinforcement steel in position before concrete is poured,
(v)  Termite barrier—the type of barrier used is to be specified on the compliance certificate and be in accordance with the relevant Australian Standard,
(vi)  Framework before fixing of internal linings,
(vii)  Wet Area Flashing before laying tiles (or other finish),
(viii)  Pool fencing before filling the pool with water, and
(ix)  Final inspection before the structure is occupied or used. (If a certificate of occupancy is issued, then a compliance certificate is not required).
(b)  The following inspections are required to be carried out by Council. Inspections may be arranged by contacting Council’s Planning and Environmental Services Section. Where Council is not the Principal Certifying Authority, an additional fee for each inspection will apply:
(i)  Sanitary drainage under hydrostatic test and prior to backfilling trenches or covering,
(ii)  Hot and cold water plumbing under pressure test prior to covering,
(iii)  Internal stackwork under hydrostatic test prior to covering, and
(iv)  The installation of the septic tank and any sullage trenches prior to backfilling or covering.

4 Hours of work

Work on the project to be limited to the following hours:
Monday to Friday—7.00 am to 5.00 pm,
Saturday—8.00 am to 1.00 pm if audible on residential premises, otherwise 7.00 am to 5.00 pm.
No work to be carried out on Sunday or public holidays.

5 Driveways and roadways

(a) Any damage caused to kerb, guttering and/or footpath during building operations shall be rectified by the owner to the satisfaction of Council. It shall be the responsibility of the developer to notify Council of any damage to the kerb, guttering/footpath prior to any work commencing.
(b) The footpath or road reserve (or both) are not to be used for construction purposes or for the placing of building materials without the prior consent of Council. Where necessary, arrangements may be made by contacting Council’s Planning & Environmental Services Section.

6 Termite control

The building is to be protected from subterranean termites in accordance with Building Code of Australia except that a hand-sprayed chemical barrier will not be accepted unless a reticulation system is incorporate in accordance with Council’s Policy. Council is to be informed of the proposed method of protection and, where applicable, should be supplied with certification from the installer.

7 Drainage and water supply

(a)  Prior to the commencement of work of water supply or sanitary plumbing or both and drainage, the licensed plumber or drainer must obtain a permit from Council.
(b)  Prior to the commencement of work the owner of the premises shall apply to Council for an approval to carry out water supply work, sewer work, stormwater work and connect such work to Council’s services.
(c)  Prior to the commencement of work the owner of the premises shall apply to Council to install a human waste treatment device and carry out the associated sewerage work.
(d)  A minimum of 45,000 litres of stored rainwater is required to be provided for domestic purposes.

8 Site amenities

A temporary sanitary service shall be provided by the builder to the building site before building operations are commenced. In sewered areas, a temporary connection may be made to Council’s sewer main.

9 Builder’s details

(a)  Prior to the commencement of work the owner of the premises or the Principal Certifying Authority must advise Council of the builder’s name, address, licence number, phone and fax numbers.
Council is to be immediately informed in writing if:
(i)  A contract is entered into for the work to be done by a different licensee (builder), or
(ii)  Arrangements for doing the work are changed.
(b)  A sign-board of minimum area 600 × 450 mm shall be erected in a conspicuous position at the front of the allotment (before work commences) indicating:
(i)  The name of the owner, the builder (and builder’s licence number) and number of the allotment, or
(ii)  The name and permit number of the owner/builder.

10 Swimming pools

(a)  The pool is to be enclosed by a minimum of 1.2 metres high child-resistant barrier, fitted with a self-closing, self-latching, outwardly opening gate, all constructed in accordance with the requirements of the Swimming Pools Act 1993 and Swimming Pools Regulation 1998. The barrier is to be erected prior to the placement of any water in the pool.
(b)  The occupier of the premises on which the pool is situated must ensure that there is, at all times, maintained in a prominent position in the immediate vicinity of the pool, a sign bearing a notice that contains the words “Young children should be supervised when using this swimming pool”, together with details of resuscitation techniques.
(c)  All wastewater from the pool filtration system is to discharge to Council’s sewer.
The pipework from the filter can be positioned over an existing overflow gully (or yard sink). A 100 mm air gap is to be provided between the filter pipe work and rim of the overflow gully.
(d)  In an area other than a sewered area, all wastewater from the pool filtration system is to be discharged to an absorption trench. The location of the trench is to be determined after consultation and agreement with Council’s Planning & Environmental Services Section.
(e)  All windows that open into the pool enclosure must be fitted with approved security screens fixed by screws and having openings not greater than 100 mm. The option of restricting the windows to a maximum opening of 100 mm may be used as an alternative only if natural ventilation to the room concerned is maintained at 5% of the floor area of the room.
(f)  There is to be no nuisance caused to adjoining property owners by the operation of the filter pump.

11 Site access and circulation

(a)  Where kerb and gutter is provided, driveways are to be a minimum of 500 mm clear of all drainage structures on the kerb and gutter and are not to interfere with the existing public utility infrastructure, including Council’s drainage structures, unless prior approval is obtained from the relevant authority.
(b)  Where kerb and gutter is not provided, approval of Council is required for that part of the vehicular entrance that is located within the road reserve.
(c)  Driveways within the road reserve are to be a minimum of 6 metres from a road intersection.
(d)  Driveways are to be constructed to Council’s specification.

12 Subdivision

All interconnecting services for water, sewerage and stormwater are to be disconnected at the allotment boundary and, if necessary, such services must be reconnected to the appropriate property service.

13 Erosion control

Appropriate action is to be taken to prevent discharge of silt or other material from the property during construction works and until the site is fully developed, in accordance with the guidelines contained in the Department of Land and Water Conservation Manual for Urban Erosion and Sediment Control or equivalent.

schs 5–7: Ins 19.5.2000.

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Parry Local Environmental Plan 1987