Cowra Local Environmental Plan 1990

Part 1 Preliminary

1 Name of plan

This plan may be cited as Cowra Local Environmental Plan 1990.

2 Aims, objectives etc

(1)  The principal aims of this plan are to promote the growth, development and prosperity of the Shire of Cowra and to assist present and future residents of the Shire in their endeavours to maintain their prosperity, security and present rights.

(2)  The particular aims of this plan are:

(a)  in relation to the rural needs of the Shire:

(i)  to encourage and preserve all forms of agriculture, and

(ii)  to preserve agricultural land for all forms of agriculture, and

(iii)  to provide greater security for all forms of agriculture and to facilitate opportunities for diversification and farm expansion, and

(iv)  to minimise the potential for land use conflict between agriculture and settlement by requiring new dwellings to be ancillary to agricultural use, and

(v)  to minimise the fragmentation and loss of agricultural land, and

(vi)  to reduce the uncoordinated demand for roads, infrastructure and services on the wider community, and

(vii)  to improve the natural resource outcomes associated with sustainable management of rural lands, and

(viii)  to minimise settlement of rural areas for lifestyle purposes and encourage such development to be located after broad strategic land use assessment, and

(ix)  subject to subparagraph (i), to provide for other types of development appropriate in rural zones, particularly tourist oriented and employment generating development, and

(x)  to ensure mineral resources and energy generation potential are not sterilised by competing land uses.

(b)  in relation to the residential needs of the Shire—to encourage a variety of densities, locations, building materials and styles of construction for residential development, and

(c)  in relation to the commercial needs of the Shire—to provide adequate areas for present retail and commercial enterprises and for future expansion, and

(d)  in relation to the industrial needs of the Shire—to provide for new industrial development, including heavy industry, which will contribute to the local economy of and employment in the Shire, and

(e)  in relation to community facilities—to encourage the provision of community services and facilities, and

(f)  in relation to tourism—to provide opportunities for tourist oriented development, and

(g)  in relation to flooding—to promote awareness of flood severity and frequency so as to minimise the risk to life and property from severe flooding effects, and

(h)  to enable the Council to prepare development control plans to provide more detailed policies and guidelines concerning the development of land, and

(i)  in relation to heritage conservation:

(i)  to conserve the environmental heritage of the Cowra Shire area, and

(ii)  to integrate heritage conservation into the planning and development control processes, and

(iii)  to provide for public involvement in the matters relating to the conservation of Cowra Shire area’s environmental heritage, and

(iv)  to ensure that new development is undertaken in a manner that is sympathetic to and does not detract from the heritage significance of heritage items and their settings, as well as streetscapes and landscapes of Cowra Shire and the distinctive character that they impart to the Cowra Shire area.

(3)  The particular objectives adopted by this plan to achieve the aims referred to in subclause (2) are set out in relation to the respective zones in the Table to clause 9.

cl 2: Am 2006 (172), Sch 1 [1].

3 Land to which plan applies

This plan applies to all land within the Shire of Cowra as shown edged heavy black on the map.

4 Relationship to other environmental planning instruments

This plan repeals:

(a)  Interim Development Order No 1—Municipality of Cowra, and

(b)  Cowra Local Environmental Plans Nos 1–5.

5 Interpretation

(1)  In this plan:

agricultural machinery showroom means a building or place used for the display and sale of agricultural machinery, whether or not agricultural machinery accessories are also displayed or sold there.

alter, in relation to a heritage item means:

(a)  the making of structural changes to the outside of the heritage item, or

(b)  the making of non-structural changes to the detail, fabric, finish or appearance of the outside of the heritage item, not including the maintenance of the existing detail, fabric, finish or appearance of the outside of the heritage item.

appointed day means the day on which this plan takes effect.

bed and breakfast accommodation means tourist accommodation comprising a dwelling (and any ancillary buildings and parking) where the accommodation is provided by the permanent residents of the dwelling and:

(a)  meals are provided for guests only, and

(b)  cooking facilities for the preparation of meals are not provided within guests’ rooms, and

(c)  dormitory-style accommodation is not provided.

coastal lake means a body of water specified in Schedule 1 to the State Environmental Planning Policy No 71—Coastal Protection.

coastal waters of the State—see section 58 of the Interpretation Act 1987.

community centre means a building or place used for the purpose of providing facilities comprising or relating to any one or more of the following:

(a)  a public library,

(b)  public health services,

(c)  rest rooms,

(d)  meeting rooms,

(e)  indoor recreation,

(f)  child minding facilities, or used for any other

Council means the Council of the Shire of Cowra.

demolition, in relation to a heritage item, means the damaging, defacing, destruction, pulling down or removal of the heritage item, in whole or in part.

environmentally sensitive land means land identified as class VII or VIII, or land with a slope greater than 18°, on a map prepared by the Soil Conservation Service of NSW, a copy of which is deposited in the office of the Council.

existing holding means:

(a)  except as provided by paragraph (b) the area of a lot, portion or parcel as it was on the appointed day, as reduced by:

(i)  any subsequent subdivision for the purpose of a boundary adjustment, and

(ii)  any area of land subsequently excised for a public purpose, or

(b)  where, on the appointed day, a person owned 2 or more adjoining or adjacent lots, portions or parcels, the aggregation of the areas of those lots, portions or parcels as they were on the appointed day, or as reduced by:

(i)  any subsequent subdivision for the purpose of a boundary adjustment, and

(ii)  any area of land subsequently excised for a public purpose,

(c)  any lot created by a subdivision approved by the Council on or after 20 November 1986 provided the subdivision plan is registered by the Registrar General on or before 20 November 1990.

extractive material means sand, gravel, clay, turf, soil, rock, stone or similar substances but does not include any metal or mineral.

flood prone land means land which would be inundated as a result of a 1 in 100 year flood, as indicated on the map marked “Cowra Flood Inundation Map 1983”, prepared by the Department of Water Resources, a copy of which is deposited in the office of the Council.

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.

heritage item means a building, work, relic, tree, or place of heritage significance to the Cowra Shire area, as described in Schedule 1 and shown in a distinctive manner on the map.

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

home-based child care means a dwelling used by a resident of the dwelling for the supervision and care of one or more children and that satisfies the following conditions:

(a)  the service is appropriately licensed within the meaning of the Children and Young Persons (Care and Protection) Act 1998,

(b)  the number of children (including children related to the carer or licensee) does not at any time exceed 7 children under the age of 12 years, including no more than 5 who do not ordinarily attend school.

intensive agriculture means an agricultural enterprise of an intensive nature on land where horticulture, irrigated agriculture or intensive livestock keeping is the primary use of the land.

land degradation means any decline in the quality of natural land resources, commonly caused through improper use of the land by humans and includes the effects of erosion, sedimentation, dryland salinity, invasion of noxious and woody weeds, soil acidification and structural decline, water logging and excessive flooding.

maintenance, in relation to a heritage item, means the continuous protective care of the fabric of an heritage item and its setting.

plant depot means a building or place used for the parking or servicing of movable plant by the owner or lessee of that building or place in relation to an occupation or business carried on at some other location.

prime agricultural land means land within an area identified, on a map prepared by or on behalf of the Director-General of the Department of Agriculture and deposited in the office of the Council, copies of which are deposited in an office of the Department of Agriculture, as Class A1, Class A2 or Class A3 (or as subsequently identified by or on behalf of the Director-General on a map as Class 1, Class 2 or Class 3) or land of merit for special agricultural uses, as notified to the Council in writing by the Director-General, but does not include land which the Director-General has notified the Council in writing is not prime agricultural land for the purposes of this plan.

reception establishment means a building or place used for the purpose of wedding receptions, birthday parties and the like but does not include a refreshment room or hotel.

recreation area means:

(a)  a children’s playground, or

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

(c)  an area used by the Council to provide recreational facilities for the physical, cultural or intellectual welfare of the community, or

(d)  an area used by a body of persons associated for the purposes of the physical, cultural or intellectual welfare of the community to provide recreational facilities for those purposes,

but does not include a racecourse or showground.

relic means any deposit, object or material evidence (terrestrial or underwater) relating to the use or settlement of the area of Cowra Shire which is 50 or more years old.

riding school means a building or place used for the purpose of teaching horse riding skills or hiring horses for recreational riding whether or not accommodation is also provided for the riders.

stable means a building or place used for the purpose of receiving, maintaining, boarding or keeping horses.

sustainable natural resource management means ensuring that the health, diversity and productivity of the nation’s natural resources are maintained or enhanced for the benefit of future generations through the conservation of biological diversity and the integrity of ecosystems.

the map means the series of maps marked “Cowra Local Environmental Plan 1990”, as amended by the maps (or, if any sheets of maps are specified, by the specified sheets of the 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.

Cowra Local Environmental Plan 1990 (Amendment No 1)

Cowra Local Environmental Plan 1990 (Amendment No 3)

Cowra Local Environmental Plan 1990 (Amendment No 4)

Cowra Local Environmental Plan 1990 (Amendment No 5)

Cowra Local Environmental Plan 1990 (Amendment No 6)

(2)  In this plan:

(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 the purpose, and

(b)  a reference to land within a zone specified in clause 8 is a reference to land shown on the map in the manner specified in relation to that zone in that clause as the means of identifying land of the zone so specified, and

(c)  a reference to a map is a reference to a map deposited in the office of the Council, and

(d)  a reference to “Cowra Shire” (except in the expression “Cowra Shire Council”) or “the Shire” is a reference to the local government area of Cowra.

(3)  Notes in this plan do not form part of this plan.

cl 5: Am 7.5.1993; 6.8.1993; 14.10.1994; 2.2.1996; 8.5.1998; 4.9.1998; 2006 (172), Sch 1 [2] [3]; 2008 (541), Sch 1 [1]; 2009 No 56, Sch 2.7 [1] [2].

6 Adoption of model provisions

(1)  Subject to subclause (2), the Environmental Planning and Assessment Model Provisions 1980 except:

(a)  the definitions of advertising structure, advertisement, extractive material and map in clause 4 (1), and

(b)  clauses 8 (7), 17, 22, 29, 33 and 34,

are adopted for the purpose of this plan.

(2)  For the purposes of this plan:

(a)  clause 12 of the Environmental Planning and Assessment Model Provisions 1980 shall apply to and in respect of land having frontage to a main or arterial road used or to be used for the purposes of a shop in the same way as it applies to and in respect of land having frontage to a main or arterial road used or to be used for commercial or industrial purposes, and

(b)  a reference in clause 8 of Schedule 1 of those Provisions to the widening of a road includes a reference to the widening of a road on land acquired by the Council for that purpose.

cl 6: Am 4.9.1998.

7 Consent authority

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

Part 2 General provisions for development of land

8 Zones indicated on the map

For the purposes of this plan, land to which this plan applies shall be within 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) (Rural Zone)—edged black and lettered “1 (a)”.

Zone No 1 (c) (Rural (Small Holdings) Zone)—edged black and lettered “1 (c)”.

Zone No 1 (c1) (Rural-Residential)—edged black and lettered “1 (c1)”.

Zone No 1 (f) (Rural (Forestry) Zone)—edged black and lettered “1 (f)”.

Zone No 2 (a) (Residential Zone)—edged black and lettered “2 (a)”.

Zone No 2 (v) (Village Zone)—edged black and lettered “2 (v)”.

Zone No 3 (Business Zone)—edged black and lettered “3”.

Zone No 3 (b) (Commerce Zone)—edged black and lettered “3 (b)”.

Zone No 4 (a) (Industrial Zone)—edged black and lettered “4 (a)”.

Zone No 4 (c) (Special Industrial Zone)—edged black and lettered “4 (c)”.

Zone No 5 (a) (Special Uses Zone)—edged black and lettered “5 (a)”.

Zone No 5 (b) (Special Uses (Railways) Zone)—edged black and lettered “5 (b)”.

Zone No 6 (Existing Open Space Zone)—edged black and lettered “6”.

Zone No 7 (a) (Environment Protection (Conservation) Zone)—edged black and lettered “7 (a)”.

Zone No 8 (National Parks and Nature Reserves Zone)—edged black and lettered “8”.

Zone No 9 (Tourist Development Area Zone)—edged black and lettered “9”.

cl 8: Am 2.2.1996; 4.9.1998.

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) for which:

(a)  development may be carried out without development consent, and

(b)  development may be carried out:

(i)  only with development consent but where that consent cannot be refused, and

(ii)  subject to such conditions as may be imposed under section 91 of the Act, and

(c)  development may be carried out only with development consent, and

(d)  development is prohibited,

are specified under the headings “Without consent”, “Subject to conditions”, “Only with consent” and “Prohibited”, respectively, appearing in the matter relating to the zone.

(3)  In granting consent to the carrying out of development on land to which this plan applies, the Council shall have regard to whether 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)   Rural Zone

1 Objectives of zone

The objectives of this zone are:

(a)  to promote sustainable agriculture, and

(b)  to preserve agricultural land, and

(c)  to provide greater security for all forms of agriculture and to facilitate opportunities for diversification and farm expansion, and

(d)  to ensure settlement is ancillary to agriculture and does not result in inefficiencies due to reduction in holding size, land use conflict or fragmentation of agricultural land, and

(e)  to ensure non-agricultural development is sited to avoid or mitigate impacts on agriculture, avoid land use conflict and to conserve agricultural land as a resource, and

(f)  to take into consideration the potential economic recovery of known mineral and extractive resources in the siting of development, and

(g)  to provide for other types of development appropriate in rural zones, particularly tourist oriented and employment generating development within the capability of the land to support the development, and

(h)  to facilitate sustainable natural resource management by managing development of agricultural land, and

(i)  to ensure development in the rural area does not result in demand for the provision of infrastructure or services above those required to service the existing rural community.

2 Without consent

Agriculture (other than pig keeping establishments, poultry farming establishments or feed lot establishments); forestry; any purpose ordinarily incidental or subsidiary to agriculture or forestry.

3 Subject to conditions

Nil.

4 Only with consent

Any purpose other than a purpose included in item 2 or 5.

5 Prohibited

Motor showrooms; residential flat buildings.

Zone No 1 (c)   Rural (Small Holdings) Zone

1 Objectives of zone

The objectives of this zone are:

(a)  to enable small rural holdings at West Cowra in order to accommodate particular lifestyle choices and needs and to complement the Cowra urban area, and

(b)  to enable the Council to prepare a development control plan to guide future development in the area, and

(c)  to ensure that development is carried out in a manner that maintains options for the future urban development of the land.

2 Without consent

Agriculture (other than pig keeping establishments, poultry farming establishments or feed lot establishments); any purpose ordinarily incidental or subsidiary to agriculture.

3 Subject to conditions

Nil.

4 Only with consent

Any purpose other than a purpose included in item 2 or 5.

5 Prohibited

Feed lot establishments; garbage disposal areas; motor showrooms; offensive or hazardous industries; pig keeping establishments; poultry farming establishments; residential flat buildings.

Zone No 1 (c1)   Rural-Residential Zone

1 Objectives of zone

The objectives of this zone are:

(a)  to enable appropriate staged development for the purpose of rural-residential holdings or hobby farms to be carried out on land which is suitable for those purposes, and

(b)  to provide for a range of suitable activities associated with residential occupation including small-scale intensive agriculture where this has minimal impact on adjacent or surrounding land use, and

(c)  to enable a range of land use or developments to be carried out where such activities are in keeping with the rural character of the locality, compatible with the existing or likely future use of the land for hobby farms, not adverse to adjacent or surrounding agricultural productivity, and within the capability of the land to support them.

2 Without consent

Agriculture (other than pig keeping establishments, poultry farming establishments or feed lot establishments).

3 Subject to conditions

Nil.

4 Only with consent

Any purpose other than a purpose included in item 2 or 5.

5 Prohibited

Abattoirs; extractive industries; feed lot establishments; garbage disposal areas; junk yards; large shops; liquid fuel depots; motor showrooms; offensive or hazardous industries; pig keeping establishments; poultry farming establishments; residential flat buildings; stock and sale yards.

Zone No 1 (f)   Rural (Forestry) Zone

1 Objectives of zone

The objective of this zone is to recognise existing State forests.

2 Without consent

Agriculture; forestry; any purpose ordinarily incidental or subsidiary to agriculture or forestry.

3 Subject to conditions

Nil.

4 Only with consent

Extractive industries; mines; sawmills; utility installations.

5 Prohibited

Any purpose other than a purpose included in item 2 or 4.

Zone No 2 (a)   Residential Zone

1 Objectives of zone

The objectives of this zone are:

(a)  to identify land to be primarily used for detached housing and associated facilities, and

(b)  to enable other forms of housing compatible with detached housing, and

(c)  to enable other development which provides services to residents or has an association with, is compatible with and is unlikely to adversely affect residential amenity.

2 Without consent

Dwelling-houses.

3 Subject to conditions

Housing for the aged or disabled.

4 Only with consent

Any purpose other than a purpose included in item 2, 3 or 5.

5 Prohibited

Abattoirs; agricultural machinery showrooms; bulk stores; car repair stations; clubs; commercial premises; extractive industries; feed lot establishments; forestry; helipads; heliports; hotels; industries other than home industries; institutions; junk yards; liquid fuel depots; mines; motor showrooms; pig keeping establishments; places of assembly; plant depots; poultry farming establishments; reception establishments; riding schools; roadside stalls; sawmills; service stations; shops other than general stores; stables stock and sale yards; tourist facilities other than motels; transport terminals; warehouses.

Zone No 2 (v)   Village Zone

1 Objectives of zone

The objectives of this zone are to recognise existing villages and to enable future development appropriate to their function.

2 Without consent

Dwelling-houses.

3 Subject to conditions

Housing for the aged or disabled.

4 Only with consent

Any purpose other than a purpose included in item 2, 3 or 5.

5 Prohibited

Abattoirs; extractive industries; feed lot establishments; garbage disposal areas; industries (other than home industries, light industries or rural industries); institutions; junk yards; mines; pig keeping establishments; poultry farming establishments.

Zone No 3   Business Zone

1 Objectives of zone

The objective of this zone is to encourage retail and other business services, and other associated, supporting or ancillary development.

2 Without consent

Nil.

3 Subject to conditions

Commercial premises; shops (other than drive-in take-away food shops).

4 Only with consent

Any purpose other than a purpose included in item 3 or 5.

5 Prohibited

Abattoirs; amusement parks; caravan parks; garbage disposal areas; industries (other than home industries or light industries) institutions; junk yards; mines; sawmills; stables; stock and sale yards.

Zone No 3 (b)   Commerce Zone

1 Objectives of the Zone

The objectives of this zone are:

(a)  to encourage commerce development (other than shops and veterinary clinics or surgeries) which will generate employment and contribute to satisfying the economic needs of the area, and

(b)  to provide for the development of commercial offices on the fringe of the Cowra central business district, and

(c)  to prevent commercial development that will adversely impact on the remaining residential component of development in the locality, and

(d)  to ensure that any new building or altered building is developed with a residential (dwelling-house) architectural style compatible with the existing styles in the locality.

2 Without Consent

Nil.

3 Subject to Conditions

Nil.

4 Only with Consent

Child care centres; commercial premises (other than veterinary clinics or surgeries); community centres; dwelling-houses; education establishments; home industries; hospitals; motels; professional consulting rooms; public buildings; reception establishments; refreshment rooms; retail plant nurseries; units for aged persons; any other purpose not included in item 5.

5 Prohibited

Abattoirs; amusement parks; bulk stores; bus stations; car repair stations; caravan parks; hotels; industries; institutions; junk yards; light industries; liquid fuel depots; mines; mineral sand mining; offensive or hazardous industries; places of assembly; recreation establishments; recreation facilities; residential flat buildings; road transport terminals; rural industries; sawmills; service stations; shops; stables; taverns; tourist facilities; transport terminals; veterinary clinics or surgeries and warehouses.

Zone No 4 (a)   Industrial Zone

1 Objectives of zone

The objectives of this zone are:

(a)  to encourage development which will generate employment and contribute to the economic needs of the Shire, and

(b)  to provide opportunities for non-industrial commercial activities that may reasonably be located in an industrial zone.

2 Without consent

Nil.

3 Subject to conditions

Light industry.

4 Only with consent

Any purpose which, by virtue of its nature, the services provided or the products produced, distributed or sold, is, in the opinion of the Council, appropriately located in an industrial zone; industry other than light industry; junk yards; purposes which are associated with, ancillary to or dependent on or which provide services to industrial or other development permitted in this zone (or which provide services to the employees of such development); utility installations; warehouses.

5 Prohibited

Any purpose other than a purpose included in item 3 or 4.

Zone No 4 (c)   Special Industrial Zone

1 Objectives of zone

The objectives of this zone are:

(a)  to recognise existing light industrial and commercial uses in West Cowra and to encourage further mixed development of a similar type, and

(b)  to maintain opportunities for residential uses on large allotments where there is no adverse effect from industrial or commercial use, and where residential use does not inhibit future industrial or commercial development.

2 Without consent

Agriculture (other than feed lot establishments, pig keeping establishments or poultry farming establishments).

3 Subject to conditions

Nil.

4 Only with consent

Any purpose other than a purpose included in item 2 or 5.

5 Prohibited

Boarding houses; extractive industries; feed lot establishments; forestry; hotels; industries (other than home industries, light industries or rural related industries); institutions; junk yards; mines; pig keeping establishments; poultry farming establishments; residential flat buildings; sawmills; stock and sale yards.

Zone No 5 (a)   Special Uses Zone

1 Objectives of zone

The objective of this zone is to provide for public facilities on public land.

2 Without consent

Nil.

3 Subject to conditions

The particular purpose indicated on the map.

4 Only with consent

Any purpose ordinarily incidental or subsidiary to the purpose included in item 3; any public purpose; utility installations.

5 Prohibited

Any purpose other than a purpose included in item 3 or 4.

Zone No 5 (b)   Special Uses (Railways) Zone

1 Objectives of zone

The objectives of this zone are to recognise railway land and to provide for appropriate operational and associated development.

2 Without consent

Railway purposes.

3 Subject to conditions

Nil.

4 Only with consent

Any purpose other than a purpose included in item 2.

5 Prohibited

Nil.

Zone No 6   Existing Open Space Zone

1 Objectives of zone

The objective of this zone is to recognise existing publicly owned land used or capable of being used for recreational purposes.

2 Without consent

Works for the purposes of landscaping, gardening or bushfire hazard reduction.

3 Subject to conditions

Nil.

4 Only with consent

Agriculture; bowling greens; buildings for the purposes of landscaping, gardening or bushfire hazard reduction; camping grounds; caravan parks; clubs; golf courses; picnic grounds; racecourses; recreation areas; recreation facilities; showgrounds; sportsgrounds; tourist facilities; utility installations.

5 Prohibited

Any purpose other than a purpose included in item 2 or 4.

Zone No 7 (a)   Environment Protection (Conservation) Zone

1 Objectives of zone

The objectives of this zone are:

(a)  to provide for the conservation of areas of environmental significance, and

(b)  to provide for the control of the use of areas of environmental significance, and

(c)  to prevent the use of any protected area for purposes which would be detrimental to the conservation of the item of environmental significance, and

(d)  to ensure that any area of environmental significance is covered by a management plan.

2 Without consent

Nil.

3 Subject to conditions

Nil.

4 Only with consent

Any purpose.

5 Prohibited

Nil.

Zone No 8   National Parks and Nature Reserves Zone

1 Objectives of zone

The objective of this zone is to recognise existing National Parks and other areas subject to National Parks and Wildlife Service control.

2 Without consent

Any purpose carried out by or on behalf of the National Parks and Wildlife Service under the National Parks and Wildlife Act 1974.

3 Subject to conditions

Nil.

4 Only with consent

Nil.

5 Prohibited

Any purpose other than a purpose included in item 2.

Zone No 9   Tourist Development Area Zone

1 Objectives of zone

The objectives of this zone are:

(a)  to recognise the special tourist potential of Wyangala village and surrounds, and

(b)  to encourage future tourist oriented development subject to the provision of adequate services and an overall plan of management.

2 Without consent

Nil.

3 Subject to conditions

Nil.

4 Only with consent

Any purpose associated with tourism, the management of Wyangala Dam or Wyangala State Recreation Area; community facilities; dwelling-houses; utility installations.

5 Prohibited

Any purpose other than a purpose included in item 4.

cl 9, table: Am 2.2.1996; 4.9.1998; 2006 (172), Sch 1 [4].

Part 3 Special provisions

10 Subdivision of land generally

(1)  Subject to subclause (2), a person may, but only with the consent of the Council, subdivide land to which this plan applies.

(2)  Land may be subdivided without development consent where the subdivision is for the purpose of:

(a)  consolidation of allotments, or

(b)  rectifying encroachments along boundaries of allotments, or

(c)  adjusting the boundaries of allotments where an additional allotment is not created and where the adjustment:

(i)  does not facilitate the transfer of a second dwelling onto a separate allotment that is below the minimum area for the zone, and

(ii)  ensures there is sufficient land within each allotment, on which a dwelling-house exists or could exist, for the satisfactory disposal of effluent on each allotment, and

(iii)  ensures there is a separation (where possible) between the perimeter of dwelling-houses or dwelling-house sites and adjoining agricultural property boundaries of at least 150 metres on land in Zone No 1 (a).

(3)  The Council shall not grant consent to the subdivision of land within Zone No 1 (a), 1 (c) or 1 (c1) unless the applicant for development consent:

(a)  states, in relation to each allotment created by the subdivision, the primary purpose for which that allotment is intended to be used, and

(b)  identifies any allotment which is intended to be used primarily for the purpose of agriculture, and

(c)  identifies any allotment which is intended to be used primarily for the purposes of a dwelling-house, and

(d)  identifies any allotment on which it is intended to erect a dwelling-house and states whether or not the dwelling-house is the primary purpose for which the allotment is being created, and

(e)  shows the approximate location of any dwelling-house erected on the land at the date of the application.

cl 10: Am 2006 (172), Sch 1 [5].

10A Exempt development

Note—

Under section 76 of the Act, exempt development may be carried out without the need for development consent under Part 4 of the Act or for assessment under Part 5 of the Act.

The section states that exempt development:

(a)  must be of minimal environmental impact, and

(b)  cannot be carried out in critical habitat of an endangered species, population or ecological community (identified under the Threatened Species Conservation Act 1995 or the Fisheries Management Act 1994), and

(c)  cannot be carried out in a wilderness area (identified under the Wilderness Act 1987).

(1)  The objective of this clause is to identify development of minimal environmental impact as exempt development.

(2)  Development specified in Schedule 3 that meets the standards for the development contained in that Schedule and that complies with the requirements of this clause is exempt development.

(3)  To be exempt development, the development:

(a)  must meet the relevant deemed-to-satisfy provisions of the Building Code of Australia, and

(b)  must not, if it relates to an existing building, cause the building to contravene the Building Code of Australia, and

(c)  must not be designated development, and

(d)  must not be carried out on land that comprises, or on which there is, an item that is listed on the State Heritage Register under the Heritage Act 1977 or that is subject to an interim heritage order under the Heritage Act 1977, and

(e)  must not be carried out in an environmentally sensitive area for exempt or complying development (as defined in clause 10C).

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

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

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

cl 10A: Ins 2.6.2000. Subst 2008 (541), Sch 1 [2].

10B Complying development

Note—

Under section 76A of the Act, development consent for the carrying out of complying development may be obtained by the issue of a complying development certificate.

The section states that development cannot be complying development if:

(a)  it is on land that is critical habitat of an endangered species, population or ecological community (identified under the Threatened Species Conservation Act 1995 or the Fisheries Management Act 1994), or

(b)  it is on land within a wilderness area (identified under the Wilderness Act 1987), or

(c)  the development is designated development, or

(d)  the development is on land that comprises, or on which there is, an item of environmental heritage (that is listed on the State Heritage Register or in Schedule 1 to this Plan or that is subject to an interim heritage order under the Heritage Act 1977), or

(e)  the development requires concurrence (except a concurrence of the Director-General of the Department of Environment and Climate Change in respect of development that is likely to significantly affect a threatened species, population, or ecological community, or its habitat (identified under the Threatened Species Conservation Act 1995), or

(f)  the development is on land identified as an environmentally sensitive area.

(1)  The objective of this clause is to identify development as complying development.

(2)  Development specified in Part 1 of Schedule 4 that is carried out in compliance with:

(a)  the development standards specified in relation to that development, and

(b)  the requirements of this clause,

is complying development.

(3)  To be complying development, the development must:

(a)  be permissible, with consent, in the zone in which it is carried out, and

(b)  meet the relevant deemed-to-satisfy provisions of the Building Code of Australia, and

(c)  have an approval, if required by the Local Government Act 1993, from the Council for an on-site effluent disposal system if the development is undertaken on unsewered land.

(4)  A complying development certificate for development specified in Part 1 of Schedule 4 is subject to the conditions (if any) set out in Part 2 of that Schedule.

cll 10B: Ins 2008 (541), Sch 1 [2].

10C Environmentally sensitive areas excluded

(1)  Exempt or complying development must not be carried out on any environmentally sensitive area for exempt or complying development.

(2)  For the purposes of this clause:

environmentally sensitive area for exempt or complying development means any of the following:

(a)  the coastal waters of the State,

(b)  a coastal lake,

(c)  land to which State Environmental Planning Policy No 14—Coastal Wetlands or State Environmental Planning Policy No 26—Littoral Rainforests applies,

(d)  land reserved as an aquatic reserve under the Fisheries Management Act 1994 or as a marine park under the Marine Parks Act 1997,

(e)  land within a wetland of international significance declared under the Ramsar Convention on Wetlands or within a World heritage area declared under the World Heritage Convention,

(f)  land within 100 metres of land to which paragraph (c), (d) or (e) applies,

(g)  land identified in this or any other environmental planning instrument as being of high Aboriginal cultural significance or high biodiversity significance,

(h)  land reserved as a state conservation area under the National Parks and Wildlife Act 1974,

(i)  land reserved or dedicated under the Crown Lands Act 1989 for the preservation of flora, fauna, geological formations or for other environmental protection purposes,

(j)  land identified as being critical habitat under the Threatened Species Conservation Act 1995 or Part 7A of the Fisheries Management Act 1994.

cll 10C: Ins 2008 (541), Sch 1 [2].

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 for the purpose of a residential flat building, and

(b)  development for the purposes of an industry within those parts of Zone No 4 (a) or 4 (c) adjoining land in a residential zone, and

(c)  demolition of a heritage item,

in the same way as those provisions apply to and in respect of designated development.

12 Control of subdivision for agriculture in Zone No 1 (a)

(1)  This clause applies to land which is within Zone No 1 (a).

(2)  Subject to subclauses (3) and (4), the Council may consent to the creation of a vacant allotment of any area for the purpose of agriculture or intensive agriculture.

(3)  The Council may consent to the creation of an allotment for the purpose of agriculture that is occupied or will be occupied by an ancillary dwelling-house only if the allotment has an area of not less than 400 hectares.

(4)  Despite subclause (3), the Council may consent to the creation of an allotment for the purpose of intensive agriculture that is or will be subject to irrigation requiring a licence under the Water Act 1912 or Water Management Act 2000 and is occupied or will be occupied by an ancillary dwelling-house only if the allotment has an area of not less than 40 hectares.

cl 12: Subst 2006 (172), Sch 1 [6].

13 Control of subdivision for permissible uses other than agriculture or dwelling-houses

Despite clause 12, land in Zone No 1 (a) may be subdivided to create an allotment of any area, either vacant or occupied by a dwelling-house that is ancillary to a use granted prior consent, subject to the Council being satisfied that the allotment is being or will be used for a land use (other than agriculture, intensive agriculture or a dwelling-house) permitted on the land in that zone, but only if the Council is also satisfied that:

(a)  the size of the proposed allotment and its future use will be consistent with the objectives of the zone, and

(b)  the level of demand for any goods or services that are to be supplied from the allotment, and for any activities that are to be carried out on the allotment, and the extent to which the allotment is proposed to be used to meet that demand, justify the creation of the allotment, and

(c)  the future use of the allotment will not result in land use conflict or degradation of natural resources, and

(d)  the creation of the allotment is unlikely to adversely affect the existing and potential capability of the adjoining and adjacent land to be used for other permissible land uses in that zone, and

(e)  the allotment to be created and any subsequent development on the allotment is unlikely to have the effect of creating a demand for uneconomic provision of services by the Council.

cl 13: Subst 2006 (172), Sch 1 [7].

14 (Repealed)

cl 14: Rep 2006 (172), Sch 1 [8].

15 Subdivision in Zone No 1 (c)

(1)  The clause applies to land within Zone No 1 (c).

(2)  The Council shall not consent to a subdivision of land to which this clause applies which results in the creation of an allotment on which an existing dwelling-house will stand if that allotment has an area of less than 4,000 square metres or greater than 2 hectares.

16 Subdivision in Zone No 1 (c1)

(1)  The Council shall not grant consent to the subdivision of land within Zone No 1 (c1) which results in the creation of an allotment the Council is satisfied will be used for the purposes of a dwelling-house, or on which an existing dwelling-house will stand, where that allotment has an area of less than 2 hectares.

(2)  Notwithstanding subclause (1) the Council shall not grant consent to a subdivision under this clause unless it is satisfied that the lot sizes permit the siting of dwelling-houses so that they are unlikely to inhibit or give rise to complaints about normal farming practice (such as aerial spraying, separation from noxious odours and the like).

17 Dwelling-houses—Zones Nos 1 (a) and 1 (c) in general

Despite any other provision of this plan (including clauses 17A and 17B), the Council may consent to the erection of a dwelling-house on an allotment of land within Zone No 1 (a) or 1 (c) if the Council is satisfied that:

(a)  the allotment was created in accordance with a consent granted before the appointed day, and it is an allotment on which a dwelling-house could have been lawfully erected immediately before the appointed day, or

(b)  the allotment comprises an allotment created for the purpose of a dwelling-house by a subdivision for which consent was granted under this plan.

cl 17: Subst 2006 (172), Sch 1 [9].

17A Dwelling-houses in Zone No 1 (a)

The Council may consent to the erection of a dwelling-house on land within Zone No 1 (a) only if:

(a)  the land comprises a vacant existing holding, or

(b)  the use of the dwelling-house will be ancillary to and necessary for use of the land for the purpose of agriculture (other than intensive agriculture) and the land is, or will be consolidated into, a single vacant allotment that has an area of not less than 400 hectares, or

(c)  the use of the dwelling-house will be ancillary to and necessary for use of the land for the purpose of sustainable intensive agriculture and:

(i)  the land is or will be subject to irrigation requiring a licence under the Water Act 1912 or Water Management Act 2000, and

(ii)  the land is, or the Council is satisfied that the land will be, consolidated into a single vacant allotment that has an area of not less than 40 hectares before the dwelling-house is erected, and

(iii)  a condition is imposed on the consent that prohibits the erection of a dwelling-house before the commencement of the use of the land for the purpose of that sustainable intensive agricultural activity.

cll 17A: Ins 2006 (172), Sch 1 [9].

17B Dwelling-houses in Zone No 1 (c)

The Council may consent to the erection of a dwelling-house on land within Zone No 1 (c) only if:

(a)  the land has an area of not less than 4,000 square metres and not more than 2 hectares, or

(b)  the land comprises a vacant existing holding.

cll 17B: Ins 2006 (172), Sch 1 [9].

18 Dwelling houses—Zone No 1 (c1)

(1)  This clause applies to land within Zone No 1 (c1).

(2)  The Council may grant consent to the erection of a dwelling-house on land to which this clause applies only if the land has an area of not less than 2 hectares.

(3)  Notwithstanding subclause (2), the Council may grant consent to the erection of a dwelling-house on land to which this clause applies of less than 2 hectares in area if the land is part of a vacant existing holding.

(4)  The Council shall not grant consent to the erection of a dwelling-house in accordance with this clause unless it is satisfied that the dwelling-house will be sited so as to be unlikely to inhibit or give rise to complaints about normal farming practice.

19 (Repealed)

cl 19: Rep 2006 (172), Sch 1 [10].

20 Development in Zone No 1 (c1)

The Council shall not grant consent to the carrying out of development on land within Zone No 1 (c1) unless it has made an assessment of:

(a)  the need, availability and cost of services relating to that development, and

(b)  the capability and suitability of the land to support the development, and

(c)  the impact of any development on adjacent and surrounding land uses, including adverse effects on residential amenity and agricultural productivity.

21 Additional dwellings

The Council may consent to the erection of an additional dwelling-house on land within Zone No 1 (a) or 1 (c) (including the alteration of an existing dwelling-house to create 2 dwellings) where:

(a)  in the case of land within Zone No 1 (a), the land has an area of not less than 40 hectares and will be consolidated into one single allotment, and

(b)  the additional dwelling-house is located on the same allotment or parcel of land as the existing dwelling-house and the additional dwelling-house will not be capable of being excised by way of transfer of a new or existing title, and

(c)  the dwelling-houses share a common access to a public road, where practicable, and

(d)  the Council is satisfied that satisfactory conditions and area exist to sustainably dispose of effluent from both dwelling-houses.

cl 21: Subst 2006 (172), Sch 1 [11].

22 Clearing

(1)  In this clause, clearing means the removal of trees and other vegetation, but does not include the clearing of regrowth from land previously cleared for agricultural use, or the cutting down of individual trees for farm purposes such as fencing or firewood, which may be carried out without the consent of the Council.

(2)  Subject to this clause, land within Zone No 1 (a), 1 (c) or 1 (f) may be cleared for the purpose of agriculture, forestry, air navigation safety, land survey, fencing or bushfire hazard reduction without the consent of the Council, and for any other purpose, but only with the consent of the Council.

(3)  Nothing in subclause (2) shall authorise the clearing of land in contravention of any Act or instrument made under an Act concerned with soil erosion, protection of riverbank vegetation or catchment areas or the like.

(4)  Subclause (2) does not apply to environmentally sensitive land (other than land within Zone No 1 (f)) in respect of which land the consent of the Council is required for clearing (other than clearing for the purposes of bushfire hazard reduction).

(5)  In determining an application for clearing referred to in subclause (4), the Council may attach conditions to minimise the risk of land degradation.

23 Ribbon development

(1)  This clause applies to land within Zone No 1 (a), 1 (c1) and 1 (c) having a frontage to a main or arterial road.

(2)  The Council shall not consent to an application to carry out development on land to which this clause applies unless access to that land is provided by a road other than a main or an arterial road wherever practicable.

(3)  A person shall not carry out development for the purposes of a motor showroom on any land to which this clause applies unless:

(a)  vehicular access to the site, where reasonable alternative access is available, is by way of a road other than a main or arterial road, and

(b)  where the site is a corner lot, the Council is satisfied that the layout and placement of caravans, boats or vehicles will not affect the vision of drivers using the intersection.

(4)  The Council shall not grant consent to development on land to which this clause applies unless it has made an assessment of:

(a)  whether the development is likely to constitute a traffic hazard or materially reduce the capacity and efficiency of the main or arterial road, and

(b)  the number of access points proposed to be created and, where more than one access point is proposed, whether the proposal is justified in terms of traffic safety and convenience, and

(c)  the location, standard and design of access points and on site arrangements for vehicle movement and parking, and whether through traffic movements on the main or arterial road are likely to be impeded, and

(d)  whether access points are, wherever possible, provided to a public road rather than to a main or arterial road, and

(e)  whether the development will prejudice future improvements or re-alignment of a main or arterial road, as may be indicated to the Council from time to time by the Roads and Traffic Authority, or any associated intention of that Authority to proclaim part of a road as a controlled access road within the meaning of the State Roads Act 1986.

(3)  The Council may grant consent to development on land to which this clause applies for the purpose of providing services to motorists or tourists, or for purposes associated with road transport of freight, where it is satisfied that:

(a)  the development is appropriate having regard to the nature and volume of traffic using the road and the location of and distance from other land on which development of a similar type may be carried out, and

(b)  the development comprises or is part of a planned roadside service area that has been located and designed so as to minimise interference with the free flow of traffic on the road and to minimise traffic hazards.

24 Industrial uses in Zone No 1 (a)

(1)  Subject to clause 25, the Council may grant consent to development for the purposes of an industry on land within Zone No 1 (a) that is within 5 kilometres of a residential or industrial zone only if it is satisfied that:

(a)  the land is the most suitable and practical available for that industry, and

(b)  the industry could not otherwise be accommodated on land within Zone No 2 (v), 3, 4 (a) or 4 (c), and

(c)  the development will not adversely affect the use and enjoyment of any adjoining land, and

(d)  the development is located and designed to minimise any adverse impact on the Town of Cowra, or any village areas affected by that development, and

(e)  satisfactory arrangements have been made for the provision of a water supply and waste disposal and the construction of drainage works necessary for that development, and

(f)  where the development is likely to cause noise, visual, air or water pollution, appropriate measures to minimise the effects of that pollution have been employed.

(2)  Nothing in subclause (1) shall operate to restrict the Council’s granting consent to development on any land within Zone No 1 (a) (other than land referred to in clause 25) for the purposes of a rural industry, home industry, extractive industry or offensive and hazardous industry.

25 Restrictions on offensive uses

Notwithstanding the provisions of Part 2, development shall not be carried out for the purposes of feed lot establishments, pig keeping establishments, poultry farming establishments or offensive or hazardous industries on land:

(a)  adjoining land within Zone No 2 (v) at Billimari which is within 400 metres in an easterly, southerly or westerly direction, or 360 metres in a northerly direction, of Bangaroo Street, or

(b)  adjoining land which is within Zone No 2 (v) at Woodstock and which is shown hatched on the map, or

(c)  within a distance of 400 metres of land within Zone No 2 (a), 2 (v), 3, 4 (a), 6 or 9.

26 Development in Zone No 2 (v)

(1)  The Council may grant consent to the subdivision of land for the purpose of a dwelling-house in Zone No 2 (v) only where each allotment of land created by the subdivision has an area of sufficient size:

(a)  to accommodate on-site domestic waste disposal, and

(b)  to retain the village character of the surrounding neighbourhood.

(2)  Notwithstanding clause 9, a dwelling-house shall not be erected on land within Zone No 2 (v) that has frontage or access to an unmade road, except with the consent of the Council.

27 Residential flat buildings

The Council may grant consent to the carrying out of development for the purposes of a residential flat building on land within Zone No 2 (a) or 2 (v) only where it is satisfied that:

(a)  the building will not unreasonably deprive adjoining buildings of sunlight or privacy, and

(b)  the building will generally be compatible with its setting, having regard to the nature and use of adjoining buildings and to the streetscape, and

(c)  the design of the building will be compatible with the existing character of the neighbourhood, and

(d)  the development will not create a condition of overconcentration of residential flat buildings in the neighbourhood.

28 Development in Zone No 2 (a)

The Council may grant consent to a subdivision of land within Zone No 2 (a) which is intended to create allotments for the erection of dwelling-houses only where it is satisfied that:

(a)  appropriate arrangements have been made for each allotment to be connected to reticulated electricity, a water supply and a sewerage service, and

(b)  any road pattern created by the subdivision is capable of being integrated with existing roads, and

(c)  adequate provision has been made for stormwater drainage, and

(d)  the provision of open space and community facilities is adequate for likely future needs, and

(e)  the location and design of any open space is such that it allows effective use by adjacent residents.

28A Development in Zone No 3 (b)

(1)  This clause applies to land within Zone No 3 (b).

(2)  The Council must not grant consent for any new building or for the alteration of an existing building unless, after the development is carried out, the building will have a residential or dwelling-house architectural style compatible with existing styles in the locality.

(3)  The Council must not consent to the construction of a dwelling-house unless the Council is satisfied the dwelling-house is attached to a building the use of which is permissible with consent and the use of the dwelling-house will be ancillary to the use of the building.

cl 28A: Ins 2.2.1996.

29 Development in Zone No 6

The Council shall not consent to the carrying out of development on land within Zone No 6 unless consideration has been given to:

(a)  the need for the proposed development on that land, and

(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.

30 Flood affected land

(1)  No development except for the purposes of agriculture shall be carried out on flood prone land without the consent of Council.

(2)  The Council may grant consent to the carrying out of development on land which, in the opinion of the Council, is within a floodway only if, in the opinion of the Council, the carrying out of the development is not likely:

(a)  to impede the flow of flood waters on the land, or

(b)  to imperil the safety of persons on the land in the event of the land being inundated with flood waters, or

(c)  to aggravate the consequences of flood waters flowing on the land with regard to erosion, siltation and the destruction of vegetation, or

(d)  to have an adverse effect on the water table of the land or of land in its immediate vicinity, or

(e)  to have an adverse effect on riverbank stability, or

(f)  to increase the level or flow of flood waters on other land.

31 Development for the purpose of advertisements

(1) Advertisements allowed without consent Development for the purpose of an advertisement described in the Table to this clause may be carried out without development consent, but only in accordance with the conditions (if any) imposed by the Table to this clause.

(2) Advertisements allowed only with consent Development for the purpose of an advertisement may be carried out only with consent if it is not permitted without consent and is not prohibited by this clause.

(3)  Despite any other provision of this plan, development may be carried out with consent on any land for the purpose of an advertisement that directs the travelling public to a specific tourist facility or place of scientific, historic or scenic interest, if the Council is satisfied that:

(a)  the principal purpose of the advertisement is to direct the travelling public to that building or place, and

(b)  the dimensions and overall size of the advertisement are not larger than would reasonably be required to so direct the travelling public.

(4) Advertisements prohibited Development for the purpose of an advertisement on land within a rural zone, or within Zone No 6 or 7 (a), is prohibited if it is not permitted without consent by subclause (1) or with consent by subclause (3).

(5) Definitions In this clause:

advertisement means a display by the use of symbols, messages or other devices for promotional purposes or for conveying information, instructions, directions or the like, whether or not the display includes the erection of a structure or the carrying out of a work.

area of an advertisement in the form of a sign means:

(a)  for a sign with only one side occupied by the matter displayed, the area within the outline of that sign, or

(b)  for a sign with two sides occupied by the matter displayed, the area within the outline of that sign or, where one side is larger than the other, the area within the outline of the larger side, or

(c)  for any other sign, one third of the total surface area of the sign.

tourist facility means an establishment providing holiday accommodation or recreational facilities, or both, on a short-term use basis, such as a hotel, motel, bed and breakfast accommodation, serviced apartments, holiday cabins, a caravan park, a camping ground, or a houseboat, and includes associated:

(a)  swimming pools, golf courses, tennis courts and marinas, and

(b)  restaurants, and

(c)  souvenir shops, arts and craft galleries and exhibition centres.

(6)  In considering any application for its consent to the carrying out of development referred to in this clause, the Council shall make an assessment of:

(a)  the likely impact that the carrying out of the development would have on the scenic character of rural areas of the local government area of Cowra, and

(b)  the likely impact that the carrying out of the development would have on residential amenity, and

(c)  the likely impact that the carrying out of the development would have on traffic safety, and

(d)  the overall implications of a proliferation of advertisements.

Table

Advertisements Allowed Without Consent

Description of advertisement	Conditions to be met
Advertisement within a site being an advertisement which is not visible from outside the site on which it is displayed.	Such an advertisement must not be displayed on a heritage item.
Advertisement on a motor vehicle used principally for conveying goods or passengers.	None.
Business identification sign being an advertisement that displays any or all of the following information relating to the place or premises to which it is fixed: (a)  the identity or a description of the place or premises, (b)  the identity or a description of any person residing or carrying on an occupation at the place or premises, (c)  particulars of any occupation carried on at the place or premises, (d)  such directions of cautions as are usual or necessary relating to the place or premises or any occupation carried on there, (e)  particulars or notifications required or permitted to be displayed by or under any State or Commonwealth Act, (f)  particulars relating to the goods, commodities or services dealt with or provided at the place or premises, (g)  particulars of any activities held or to be held at the place or premises, (h)  a reference to an affiliation with a trade, professional or other association relevant to the business conducted at the place or premises.	When displayed within Zone No 1 (a), 1 (c), 1 (c1), 2 (a), 2 (v), 3, 3 (b), 4 (a), 4 (c), 5 (a) or 5 (b), such a sign: (a)  must not be displayed on a heritage item, and (b)  must not exceed 1.0 square metre in area. When displayed on premises within Zone No 3, 3 (b), 4 (a), 4 (c) or 5 (b): (a)  if there is no awning on the premises, there may be one or more such signs, but none is to extend more than 4.6 metres above ground level or above the level of the bottom of the first floor window (whichever is lower) and not more than 50% of the area of a shopfront is to be covered by such signs, or (b)  if there is an awning attached to the premises, there may be: one or more such signs below the level of the awning, and no sign above an awning, and not more than one suspended under-awning sign or projecting wall sign for each 3 metres of the length of a shopfront, each of which must not exceed 2.5 metres in length or 0.5 metre in height and no part of which is to be less than 2.6 metres above ground level. When displayed within Zone No 4 (a), 4 (c) or 5 (b), such a sign is not to exceed 10 square metres in area, except when displayed for small shops and other premises (such as banks) that serve the daily needs of persons living or employed within the industrial area. When displayed pursuant to this exception, the conditions for the display of such a sign applying to land within Zone No 3, 3 (b), 4 (a) 4 (c) or 5 (b) apply. Such a sign must not be displayed without consent on any other land.
Advertisement displaying a message changed from that displayed by a previously lawful advertisement.	Such an advertisement may be displayed within any Zone.
Public notice being a notice for public information displayed by a public authority giving information or directions about services provided.	Such a notice may be displayed within any zone.
Real estate sign being an advertisement that contains only a notice that the place or premises to which it is fixed is or are for sale or letting (together with particulars of the sale or letting) and that is not displayed for more than 14 days after the letting or completion of the sale.	Such a sign may be displayed within any zone. Such a sign relating to the letting or the sale by private treaty or auction of residential or rural premises: (a)  must not exceed 2.5 square metres in area, and (b)  must not have any returns exceeding 180 millimetres. Such a sign relating to commercial or industrial premises must not exceed 4.5 square metres in area.
Sign behind the glass line of a shop window.	Such a sign may be displayed within any zone.
Temporary sign being an advertisement of a temporary nature that: (a)  announces any local level event of a religious, educational, cultural, political, social or recreational character or relates to any temporary matter in connection with such an event, and (b)  does not include advertising of a commercial nature (except for the name(s) of an event’s sponsor). Temporary signs may consist of advertisements in the form of banners, bunting, posters, inflatable structures tethered to land to which this plan applies or similar things.	Such a sign may be displayed within any zone. Such a sign: (a)  must not be displayed earlier than 28 days before the event to which it relates is to take place, and (b)  must be removed within 14 days after that event.

cl 31: Subst 4.9.1998.

32 Roads, drainage, open space and parking

(1)  Nothing in Part 2 shall prevent the Council from, or require the Council to obtain its own consent for, or prevent a person with the consent of the Council from, carrying out development on land within any zone for the purposes of roads, drainage, open space, recreation areas 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 by a public authority for the purpose of road construction.

33 Railway land

(1)  All land within the Shire of Cowra that is owned by the State Rail Authority shall be deemed to be included in Zone No 5 (b).

(2)  An advertising structure may be erected on land within Zone No 5 (b) only with the consent of the Council.

34 Tourist development area—Zone No 9

(1)  Subject to subclause (2), the Council may grant consent to the carrying out of development on land within Zone No 9 if:

(a)  the Council is satisfied that adequate reticulated water and sewerage services are available, and

(b)  the Council has considered an overall strategy for tourist related development within the locality and is satisfied that the development is consistent with that strategy.

(2)  Nothing in subclause (1) shall operate to prevent the Council granting consent to development which does not materially increase the demand for water and sewerage services or other public amenities and services.

35 Preservation of trees

The powers conferred on the Council in pursuance of clause 8 of the Environmental Planning and Assessment Model Provisions 1980 shall not apply 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, or

(b)  required to be lopped in accordance with Regulation 38 or 39 of the Overhead Line Construction and Maintenance Regulations 1962, or

(c)  in any water catchment area under the control of an authority responsible for the water supply, or

(d)  in a proclaimed national park, or

(e)  required to be cleared so as to enable the use of land for agriculture.

36 Development in Zone No 4 (a)

The Council may grant consent to an application for the development of land within Zone No 4 (a) which adjoins land within Zone No 2 (a) for the purposes of a light industry but not for the purposes of any other industry.

37 Stables

The Council may grant consent to development for the purpose of stables only where it is satisfied that:

(a)  the stables and any associated yard space for the keeping of horses are sufficiently separated from existing dwelling-houses and land within Zone No 2 (a) or 2 (v) on which residential development has been carried out, and

(b)  appropriate arrangements have been made to secure the safety of stock in the event of a flood affecting the land on which the stables are to be erected.

38 Subject to survey

Where the boundary of an allotment of land has the annotation “subject to survey” noted on the map, the Council shall not grant consent to the carrying out of development on land in the vicinity of that boundary unless that boundary has been surveyed.

39 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.

40 Development in flight path

(1)  Notwithstanding the provisions of Part 2, a person shall not erect a building on land that is within the flight path of Cowra Airport to a height greater than 4 metres above natural ground level without the consent of the Council.

(2)  The Council may grant consent as referred to in subclause (1) only where 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 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, land is within the flight path of Cowra Airport only if it is determined to be so by the Commonwealth Department of Aviation and the determination has been notified to the Council.

41 Heritage items

(1)  A person shall not, in respect of a heritage item:

(a)  demolish or alter the building or work, or

(b)  damage or move the relic, or

(c)  excavate for the purpose of exposing the relic, or

(d)  damage or despoil the place or tree, or

(e)  erect a building on or subdivide land on which the building, work or relic is situated or that comprises the place, or

(f)  damage any tree on land on which the building, work or relic is situated or on the land which comprises the place,

except with the consent of the Council.

(2)  The Council shall not grant consent to a development application required by subclause (1) unless it has taken into consideration the extent to which the carrying out of the proposed development would affect the heritage significance of the item and any stylistic or horticultural features of the item and its setting.

(3)  The Council shall not grant consent to an application to carry out development on land in the vicinity of a heritage item unless it has made an assessment of the effect the carrying out of that development will have on the heritage significance of the item and its setting.

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), (5)    (Repealed)

cl 41: Am 2008 (571), Sch 3.57 [1] [2].

41A Development in Zone No 7 (a)

(1)  This clause applies to land within Zone No 7 (a).

(2)  The Council must not grant consent for any development unless the Council has taken into consideration any plan of management adopted by the Council for the land subject to the development application.

(3)  The Council must not adopt a plan of management unless it provides for development consistent with the conservation of any land within Zone No 7 (a) to which it applies.

cl 41A: Ins 4.9.1998.

42 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 a purpose 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 this clause applies, of such of the provisions of this plan as are not inconsistent with that subclause or with a consent granted by the Council in respect of the development.

43 Development on certain land at Cowra Road and Ribands Way, Cowra

(1)  This clause applies to Lots 2–4, DP 583734, and Lots 5–14, DP 253127, Cowra Road and Ribands Way, Cowra, as shown edged heavy black and cross hatched on the map marked “Cowra Local Environmental Plan 1990 (Amendment No 11)” deposited in the office of the Council of the Shire of Cowra.

(2)  Despite clause 9, the carrying out of development on the land to which this clause applies is prohibited except as otherwise provided by this clause.

(3)  Development may, with the consent of the Council, be carried out on the land to which this clause applies for the purpose of stables and dwelling-houses associated with such stables and uses ancillary to equine related activities.

cl 43: Ins 22.11.2002.

Schedule 1

1	The Australian Hotel	Corner Bridge/Smith Streets, Cowra
2	Courthouse	Corner Brisbane/Kendal Streets, Cowra
3	ANZ Bank	Kendal Street, Cowra
4	Former Golden Spray Roller Flour Mill	Between Lachlan and Macquarie Streets, Cowra
5	Farrer Barn	Agricultural Research Station, Cowra
6	POW Camp	North Cowra

Schedule 2

Portions 282 and 283, Parish of Cowra, and any adjoining land owned or under the control of the Lachvale School—a hostel and school for children with special needs, and any purpose ordinarily incidental or subsidiary to that purpose.

Schedule 3 Exempt development

(Clause 10A)

Access ramps for the disabled

(1)  Maximum height—1m.

(2)  Maximum grade—1:14 (vertical:horizontal).

(3)  Must be constructed in accordance with AS 1428.1—2001, Design for access and mobility, Part 1: General requirements for access—New building work.

Advertising structures

(1)  Must relate to the lawful use of the property on which it is erected.

(2)  Must be structurally adequate.

Aerials and antennae

(1)  Maximum height—3.6m above the ridge line of the building.

(2)  Must be attached to a building and must be structurally adequate.

(3)  Must not encroach upon the Obstacle Limitation Surfaces (OLS) developed for Cowra airport.

Note—

OLS plans are available for inspection at the Council’s Environmental Services Department.

Air conditioning units

(1)  Must be new.

(2)  Must be adequately weatherproofed and secured.

(3)  Must not involve work that reduces the structural integrity of the building.

(4)  In the case of land zoned commercial or industrial—must be fixed to an external wall, roof or ground mounted and be located at least 3m from any property boundary.

Automatic Teller Machines (ATMs)

(1)  Must be on land within Zone No 2 (v), 3 or 3 (b).

(2)  Must be attached to the wall of a building and must not project on to a public footpath.

(3)  Must be appropriately lit.

(4)  If facing a public footpath or road—must provide for queuing that does not hinder the free movement of pedestrians.

(5)  Must have a litter bin attached to the same wall.

Aviaries

(1)  Must be on land within Zone No 1 (a), 1 (c), 1 (c1), 2 (a) or 2 (v).

(2)  Maximum area—15m².

(3)  Maximum height—2.4m.

(4)  Must be at least 1.2m from any property boundary.

(5)  Must not be on the front setback of the property.

(6)  Must not be used to keep fowls, emus, ostriches or other birds for commercial purposes.

(7)  Maximum—1 aviary per property.

Awnings, canopies and storm blinds

(1)  Must be located on land within Zone No 1 (a), 1 (c), 1 (c1), 2 (a) or 2 (v).

(2)  Maximum area—36m².

(3)  Must be attached to a residential or rural dwelling-house.

(4)  Must be used for purposes associated with the dwelling-house.

(5)  Must not display any advertising.

Barbecues

(1)  Must be on land within Zone No 1 (a), 1 (c), 1 (c1), 2 (a) or 2 (v).

(2)  Maximum area—6m².

(3)  Maximum height—1.2m.

(4)  Must not be on the front setback of the property.

Bus shelters

(1)  Must be designed and constructed by or for the Council to reflect the character and amenity of the area.

(2)  Maximum area—30m².

(3)  Maximum height—2.7m.

(4)  Must not display any advertising.

Cabanas, gazebos and green houses

(1)  Must be on land within Zone No 1 (a), 1 (c), 1 (c1), 2 (a) or 2 (v).

(2)  Maximum area—36m².

(3)  Maximum height—2.4m.

(4)  Must be:

(a)  clear of any service main (water, sewer, drainage, gas), and

(b)  clear of any easements.

(5)  Must not be on the front setback of the property.

(6)  Must be used as a cabana, gazebo or greenhouse.

(7)  Must be constructed of new materials.

(8)  Stormwater run-off must, where possible, be connected to the existing internal piped drainage system, and must not be directed onto an adjoining property.

Carports in rural areas

(1)  Must be on land within Zone No 1 (a), 1 (c) or 1 (c1).

(2)  Must be used as a carport.

(3)  Maximum area—100m².

(4)  Must be in close proximity to existing buildings.

(5)  Must not be on ridgelines or other visually prominent areas.

(6)  Must be constructed so as to reflect the character and amenity of the area.

(7)  Must be:

(a)  at least 40m from any waterway, and

(b)  at least 20m from any property boundary adjoining a public road, and

(c)  at least 5m from any other property boundary, and

(d)  clear of any service mains (water, sewer, drainage, gas), and

(e)  clear of any easements, and

(f)  clear of septic disposal areas.

(8)  Must be structurally adequate.

(9)  Stormwater run-off must, where possible, be connected to an existing internal piped drainage system, and must not be directed onto an adjoining property.

Carports in urban areas

(1)  Must be on land within Zone No 2 (a) or 2 (v).

(2)  Maximum surface area—36m².

(3)  Maximum height—2.7m.

(4)  Minimum front setback—7.5m.

(5)  Must be:

(a)  at least 4.5m from any property boundary adjoining a public road, and

(b)  at least 1m from any other property boundary, and

(c)  clear of any service mains (water, sewer, drainage, gas), and

(d)  clear of any easements, and

(e)  clear of septic disposal areas.

(6)  Must only be erected for purposes associated with a dwelling-house.

(7)  Must be of metal construction using new materials.

(8)  Must be an open structure.

(9)  Must be structurally adequate.

(10)  Stormwater run-off must be directed to the Council’s stormwater drainage infrastructure or to an established inter-allotment drainage system.

Clothes lines

(1)  Must be on land within Zone No 1 (a), 1 (c), 1 (c1), 2 (a) or 2 (v).

(2)  Must not be on the front setback of the property.

(3)  Must not be affixed to a dividing fence.

(4)  Must be structurally adequate.

Clothing bins owned by charity organisations

(1)  Maximum height—3m.

(2)  Maximum area—7.5m².

(3)  Must be:

(a)  at least 10m from any public road, and

(b)  at least 10m from any driveway or access point from a lot to a public road, and

(c)  clear of any service mains (water, sewer, drainage, gas).

(4)  Must not display any advertising, except for the details of the charity organisation that owns the bin.

Cubby houses on residential premises

(1)  Must be on land within Zone No 1 (a), 1 (c), 1 (c1), 2 (a) or 2 (v).

(2)  Maximum height—2.1m.

(3)  Maximum area—12m².

(4)  Must be:

(a)  clear of any service mains (water, sewer, drainage, gas), and

(b)  clear of any easements.

(5)  Must be on privately owned land containing not more than one residential dwelling.

(6)  Must not be on the front setback of the property.

(7)  Stormwater run-off must not be directed onto an adjoining property.

Decks

(1)  Must be on land within Zone No 1 (a), 1 (c), 1 (c1), 2 (a) or 2 (v).

(2)  Maximum area—30m².

(3)  Maximum height—1m.

(4)  Minimum front setback—7.5m.

(5)  Must be:

(a)  at least 1m from any property boundary, and

(b)  clear of any service mains (water, sewer, drainage, gas), and

(c)  clear of any easement.

(6)  Must be attached to a single residential dwelling.

(7)  Must not be covered by a roof.

(8)  Must be structurally adequate.

(9)  Stormwater run-off must not be directed onto an adjoining property.

(10)  Must not impair any method of termite protection employed for the dwelling to which the deck is attached.

Dog enclosures, including dangerous dog enclosures

(1)  Must be on land within Zone No 1 (a), 1 (c), 1 (c1), 2 (a) or 2 (v).

(2)  Maximum area—36m².

(3)  Maximum height—2.1m.

(4)  Maximum height of side of rear fences—1.8m.

(5)  Must not be on the front setback of the property.

(6)  Must not be used for commercial breeding of dogs.

(7)  Must not house more than 2 dogs.

(8)  Must not substantially interfere with the existing flow of stormwater run-off.

(9)  Stormwater run-off must not be directed onto an adjoining property.

Dog houses

(1)  Must be on land within Zone No 1 (a), 1 (c), 1 (c1), 2 (a) or 2 (v).

(2)  Maximum area—6m².

(3)  Maximum height—2.1m.

(4)  Must not be on the front setback of the premises.

(5)  Must be:

(a)  at least 1.2m from any property boundary, and

(b)  clear of any service mains (water, sewer, drainage, gas), and

(c)  clear of any easement.

(6)  Must not be used for commercial breeding of dogs.

(7)  Must not house more than 2 dogs.

(8)  Stormwater run-off must not be directed onto an adjoining property.

Domestic heaters (oil)

Must be installed in accordance with AS 1853—1983, Automatic oil and gas burners—Mechanical draught and AS/NZS 1200:2000, Pressure equipment.

Domestic heaters (wood)

Must be installed in accordance with AS/NZS 2918:2001, Domestic solid fuel burning appliances—Installation.

Driveways and footpaths

(1)  Must not include additional road access points to a State highway or alterations to the existing road access conditions along a State highway.

(2)  Stormwater run-off must not be directed onto an adjoining property.

(3)  Any part located on a public road reserve or other public land:

(a)  must comply with the Council’s Specifications for Driveways, and

(b)  must not require the removal of utility services or trees.

Fences associated with Landcare projects

(1)  Must only be erected for purposes associated with a Landcare project or other approved environmental management project.

(2)  Must be of open type construction.

(3)  Must not interfere with the existing flow of stormwater run-off.

Fences on commercial premises

(1)  Must not encroach upon adjoining properties.

(2)  Maximum height—1.8m.

(3)  Must not be on the front setback of the property.

(4)  Must not be constructed at any property boundary adjoining a public road.

(5)  Must be of light-weight construction (eg wire, metal sheeting or timber palings) and must not involve use of substantial masonry or concrete.

(6)  Must not display any advertising.

Fences on compounds and depots owned by a service authority

(1)  Must not encroach upon adjoining properties.

(2)  Maximum height—2.4m.

(3)  Must be constructed of chain wire.

(4)  Must not display any advertising.

(5)  Must not be electrified.

Fences on industrial premises

(1)  Must not encroach upon adjoining properties.

(2)  Maximum height of side or rear fences—2.4m.

(3)  Must not convert useable car parking or loading areas into other uses such as open storage.

(4)  Must be of open type construction.

(5)  If at a property boundary adjoining a public road or street—must be integrated as part of the front landscaping treatment of the premises.

(6)  Must be of light-weight construction (eg wire, metal sheeting or timber palings) and must not involve use of substantial masonry or concrete.

(7)  Must not display any advertising.

(8)  Must not be electrified.

Fences on residential premises (other than swimming pool fences)

(1)  Must not encroach upon adjoining properties.

(2)  Maximum height:

(a)  if a solid type fence is to be erected in the front setback of residential premises—0.9m,

(b)  if an open type fence is to be erected in the front setback of residential premises—1.2m,

(c)  in any other case—1.8m.

(3)  Must be of light-weight construction (eg wire, metal sheeting or timber palings) and must not involve use of substantial masonry, concrete or barbed wire.

Fences on rural premises

(1)  Must not encroach upon adjoining properties.

(2)  Must be of open type construction.

(3)  Must be of light-weight construction (eg wire, metal sheeting or timber palings) and must not involve use of substantial masonry or concrete.

(4)  If electrified—must be erected in accordance with AS/NZS 3014:2003, Electrical installations—Electric fences.

Fences on sporting grounds

(1)  Must be around the perimeter of an existing sporting oval, court, net or similar facility.

(2)  Must be constructed of new materials and free from any sharp edges or protrusions that could cause a hazard to the public.

(3)  Must be structurally adequate.

(4)  Must not display advertising, except for advertising that can only be seen from the inside.

Flagpoles

(1)  Maximum height—6m.

(2)  Must be structurally adequate.

(3)  Maximum—1 per property.

(4)  Any flagpole used for commercial advertising must comply with the Council’s Outdoor Advertising Code.

(5)  Must not encroach within the Obstacle Limitation Surfaces (OLS) developed for Cowra airport.

Note—

OLS plans are available for inspection at the Council’s Environmental Services Department.

Fuel tanks

(1)  Must only be used in connection with agricultural, commercial or industrial activities lawfully undertaken on the property.

(2)  Must be:

(a)  at least 40m from any waterway, wet area, area where water is added to the water table or flood prone land, and

(b)  at least 20m from any property boundary adjoining a road, and

(c)  at least 4m from any other property boundary, and

(d)  clear of any easement.

(3)  Maximum capacity—5,000L.

(4)  Must be constructed of prefabricated metal and erected in accordance with manufacturer’s specifications.

(5)  Must be free-standing.

(6)  Must be within a bunded area that can contain at least 1.5 times the volume of the maximum holding capacity of the fuel tank.

(7)  The bunded area must be:

(a)  compacted and topped with at least 0.1m of sand, or

(b)  constructed of concrete.

Garages in rural areas

(1)  Must be on land within Zone No 1 (a), 1 (c) or 1 (c1).

(2)  Maximum area—100m².

(3)  Maximum height of walls or eaves—4m.

(4)  Maximum height of structure—6m.

(5)  Must be:

(a)  at least 40m from any waterway, and

(b)  at least 20m from any boundary adjoining a public road, and

(c)  at least 5m from any other property boundary, and

(d)  clear of any service mains (water, sewer, drainage, gas), and

(e)  clear of any easement, and

(f)  clear of septic disposal areas.

(6)  Must be used as a garage.

(7)  Must not be on a ridgeline or other visually prominent area that can be viewed from adjoining properties.

(8)  Must reflect the character and amenity of the area.

(9)  Must be structurally adequate.

Garages in urban areas

(1)  Must be on land within Zone No 2 (a) or 2 (v).

(2)  Maximum area—36m².

(3)  Maximum height of walls or eaves—2.7m.

(4)  Minimum front setback—7.5m.

(5)  Must be:

(a)  at least 4.5m from any property boundary adjoining a public road, and

(b)  at least 1m from any other property boundary, and

(c)  clear of any service mains (water, sewer, drainage, gas), and

(d)  clear of any easements, and

(e)  clear of any septic disposal areas.

(6)  Must be behind the front setback.

(7)  Must only be erected for purposes associated with, and ancillary to, a dwelling-house.

(8)  Any footings or slab must be constructed in accordance with AS 2870—1996, Residential slabs and footings—Construction.

(9)  Stormwater run-off must be directed to the Council’s stormwater drainage infrastructure or to an established inter-allotment drainage system.

Garden entrance features

(1)  Maximum area—12m².

(2)  Maximum height—3m.

(3)  Must be:

(a)  at least 3m from any property boundary, and

(b)  clear of any service mains (water, sewer, drainage, gas), and

(c)  clear of any easements.

(4)  Must be an open structure with no solid walls or roofing.

(5)  For timber structures—the design and construction must be in accordance with AS 1684.1—1999, Residential timber–framed construction, Part 1: Design criteria.

(6)  For metal structures—the design and construction must be to manufacturer’s specifications or certified by a structural engineer.

(7)  Any footings or slab must be constructed in accordance with AS 2870—1996, Residential slabs and footings–Construction or to the manufacturer’s specifications.

Garden sheds

(1)  Maximum height—2.4m.

(2)  Maximum area—36m².

(3)  Must be:

(a)  at least 1m from any property boundary, and

(b)  clear of any service mains (water, sewer, drainage, gas), and

(c)  clear of any easements.

(4)  Must be used as a garden shed.

(5)  Must be in the rear setback of the property.

(6)  Must be constructed to manufacturer’s specifications and of new, non-reflective materials.

(7)  Maximum—2 sheds per property.

(8)  Stormwater run-off must be directed to the Council’s stormwater drainage infrastructure or to an established inter-allotment drainage system.

Gas storage tanks

(1)  Must be:

(a)  at least 7.5m from any property boundary adjoining a road, and

(b)  clear of any service mains (water, sewer, drainage, gas), and

(c)  clear of any easements.

(2)  Must be constructed of prefabricated metal and erected in accordance with manufacturer’s specifications and AS/NZS 1596:2002, The storage and handling of LP Gas.

(3)  Must be authorised by the NSW WorkCover Authority (Dangerous Goods Branch) and the NSW Fire Brigades.

(4)  Must be free-standing and not rely on other structures for support.

(5)  Must not display any advertising.

Goal posts, sight screens and similar sporting structures

Must be constructed by or for the Council in a public park or recreation area.

Hoardings

(1)  Must relate to building work that may lawfully be commenced.

(2)  Must have appropriate signage in accordance with AS/NZS 4576:1995, Guidelines for scaffolding.

(3)  Must be structurally adequate.

(4)  Must not display any advertising, except for details of the construction company and work safety information.

(5)  Must be removed immediately following the completion of the relevant building work.

Home occupations

Note—

All home occupations are exempt development and no standards have been prescribed at the commencement of this Plan.

Home-based child care

Must be located on land within Zone No 1 (a), 1 (c), 1 (c1), 2 (a) or 2 (v).

Horse stables

(1)  Must be on land within Zone No 1 (a).

(2)  Maximum area—100m².

(3)  Maximum height—2.7m.

(4)  Must be:

(a)  at least 40m from any waterway, and

(b)  at least 20m from any property boundary adjoining a road, and

(c)  at least 5m from any other property boundary, and

(d)  clear of any service mains (water, sewer, drainage, gas), and

(e)  clear of any easements.

(5)  Horses must be kept at least 9m from any dwelling-house, school, shop, office, factory, workshop, church or other place of public worship, public hall or premises used for the manufacture, preparation or storage of food.

(6)  The floors must be paved with concrete or mineral asphalt or other equally impervious material, and must be properly graded to drain.

(7)  Must be enclosed to prevent the escape of horses.

(8)  Any footings or slab must be constructed in accordance with AS 2870—1996, Residential slabs and footings—Construction.

(9)  External walls must be constructed of new materials.

(10)  Stormwater run-off must be directed to the Council’s stormwater drainage infrastructure or to an established inter-allotment drainage system.

(11)  Stormwater run-off must not contaminate adjoining land or waterways after rainfall.

(12)  The design and construction must be certified by a practising structural engineer.

(13)  Maximum—2 stables per property.

Irrigation equipment

(1)  Must be associated with farms or public parks.

(2)  Must have authorised water supply from the Council’s water supply or licensed supply.

Letter boxes

(1)  Maximum of one letter box on a property.

(2)  Must be structurally adequate.

Lighting structures (external)

(1)  Maximum height—3m.

(2)  Must not involve the illumination of a tennis court, horse track, playing field or other sporting facility.

(3)  If in the vicinity of Cowra airport—must be positioned so as to comply with the Civil Aviation Safety Authority guidelines for lighting in the vicinity of airports.

Loud speakers and amplifying devices

Must be constructed by or for the Council in a public park or recreation area.

Machinery sheds, hay sheds and shearing sheds

(1)  Must be on land within Zone No 1 (a).

(2)  Maximum area—200m².

(3)  Maximum height—6m.

(4)  Must be:

(a)  at least 40m from any waterway, and

(b)  at least 20m from any boundary adjoining a public road, and

(c)  at least 2m from any service main (water, sewer, drainage, gas), and

(d)  clear of any easements, and

(e)  clear of septic disposal areas.

(5)  Must be used as a machinery shed, hay shed or shearing shed.

(6)  Must be for purposes ancillary to the agricultural use of the land.

(7)  Must not be above the height of any surrounding land ridge lines.

(8)  Must be structurally adequate.

(9)  Must be constructed to manufacturer’s specifications and made of new non-reflective materials.

(10)  Maximum cut for site levelling—1m.

(11)  Maximum fill for site levelling—1m.

(12)  Stormwater run-off must be directed to a water tank or an area at least 3m clear of any structure, but not on to an adjoining property.

Maintenance of buildings and structures

The works must be limited to the following:

(a)  cleaning out of gutters, drainage systems, ponds, dams and other water storage and drainage areas,

(b)  re-securing loose elements of roofs, timber work and decorative features in the original manner,

(c)  straightening and re-securing of fences and gates,

(d)  minor servicing of equipment and services such as lifts, air conditioning and fire services, engines, pumps and the like,

(e)  landscaping maintenance necessary for the continued growth of existing plants, without major alterations to layout, contours, structures or other significant features.

Minor demolition works

(1)  Must be limited to minor outbuildings, small sheds, above ground pools, non-boundary retaining or decorative walls and fences located in the rear yard of residential property.

(2)  Maximum height of building or structure—4m.

(3)  The building or structure must be less than 50 years old.

(4)  Must not involve the demolition of any part of a residential dwelling.

(5)  The site must be secured from public access with adequate fencing or hoarding.

(6)  Must be carried out by hand and no machinery is to be used.

(7)  Must be carried out in a safe manner and in accordance with the requirements of AS 2601—2001, Demolition of structures.

(8)  Redundant plumbing and drainage must be capped off in accordance with AS/NZS 3500:2003, Plumbing and drainage, the New South Wales Code of Practice for Plumbing and Drainage, 3rd Edition (produced by the Committee on Uniformity of Plumbing and Drainage Regulations on 1 July 2006) and must be inspected by the Council before the capped off works are concealed.

(9)  Redundant electricity supply must be disconnected by a licensed electrician.

(10)  If work involves asbestos—work must be carried out in accordance with the WorkCover Authority’s Guidelines for Practices involving Asbestos in Buildings.

Minor external or internal alterations to commercial premises

(1)  Must be alterations or renovations to existing commercial buildings.

(2)  Must only involve the replacement of doors, windows, walls, ceilings or floor linings, deteriorated frame members as well as bathroom and kitchen renovations and the construction of new shelving displays, benches, partitions, built-in vanities, cupboards and wardrobes.

(3)  Must not change the building’s classification under the Building Code of Australia.

(4)  Must not increase customer service area or the gross floor area of the premises.

(5)  Must not affect the structural integrity of the building.

(6)  Must not reduce fire safety or reduce accessibility to a fire exit.

Minor external or internal alterations to residential premises

(1)  Must be alterations or renovations to previously completed residential buildings.

(2)  Must only involve the replacement of doors, windows, walls, ceilings or floor linings, deteriorated frame members as well as bathroom and kitchen renovations and the construction of new shelving displays, benches, partitions, built-in vanities, cupboards and wardrobes.

(3)  Must obtain approval from the Council for any changes to plumbing or drainage.

(4)  Must not include changes to the configuration of rooms whether by removal of existing walls, partitions or by other means.

(5)  Must not affect the structural integrity of the building.

(6)  Must not reduce light and ventilation from windows, reduce doorways or enclose open areas.

Ornamental water features

(1)  Maximum depth of water—0.3m.

(2)  Maximum area—4m².

(3)  Must be:

(a)  at least 7.5m from any property boundary adjoining a road, and

(b)  at least 1m from any other property boundary, and

(c)  clear of any service mains (water, sewer, drainage, gas), and

(d)  clear of any easements.

(4)  Any water pump must be new.

(5)  Any overflow must be directed to the Council’s stormwater drainage infrastructure or to an established inter-allotment drainage system.

Painting of buildings and structures

(1)  Must involve the repainting of a building or structure that has previously been painted.

(2)  Colours must be representative of the period of the building or structure and be in accordance with local heritage assets.

Park and street furniture

(1)  Must be constructed by or for the Council on land under the control of the Council.

(2)  Must be designed, fabricated and installed in accordance with AS 4685—2004, Playground equipment safety and the Building Code of Australia.

(3)  Must not display any advertising.

Pergolas and verandahs

(1)  Maximum area—36m².

(2)  Maximum height—3m.

(3)  Must be:

(a)  at least 7.5m from any property boundary adjoining a road, and

(b)  at least 1m from any other property boundary, and

(c)  clear of any service mains (water, sewer, drainage, gas), and

(d)  clear of any easements.

(4)  Must be an open structure at ground level.

(5)  Stormwater run-off from must not be directed onto an adjoining property.

(6)  The design and construction must be in accordance with a structural engineer’s design, manufacturer’s specifications or AS 1684.2—2006, Residential timber-framed construction, Part 2: Non-cyclonic areas.

Playground equipment

(1)  Must be for use in connection with the residential use of land.

(2)  Maximum height—2.5m.

(3)  Must be behind the front setback of the property.

(4)  Must be constructed in accordance with the manufacturer’s specification.

Portable classrooms

(1)  Must be in the grounds of an educational establishment.

(2)  Must be installed to manufacturer’s specifications.

(3)  Stormwater run-off must be directed to the Council’s stormwater drainage infrastructure or to an established inter-allotment drainage system.

Poultry houses and poultry yards in residential areas

(1)  Must be on land within Zone No 2 (a) or 2 (v).

(2)  Maximum height—2.7m.

(3)  Maximum area of poultry house—16m².

(4)  Maximum area of poultry yard (including poultry house)—30m².

(5)  Must not be used to house more than 20 birds.

(6)  Must not be on the front setback of the property.

(7)  Must be:

(a)  at least 40m from any waterway, and

(b)  at least 25m from any adjoining residence, and

(c)  at least 1.2m from any property boundary, and

(d)  clear of any service mains (water, sewer, drainage, gas), and

(e)  clear of any easements.

(8)  Fowls (that is, birds of the species Gallus gallus) or guinea fowls must be kept at least 4.5m, and any other poultry must be kept at least 30m, from any dwelling house, public hall, school or premises used for the manufacture, preparation, sale or storage of food.

(9)  The floor must be paved with concrete or mineral asphalt underneath the roosts or perches unless the poultry house is:

(a)  at least 15.2m from any dwelling-house, public hall or school, or

(b)  on clean sand.

(10)  Must be enclosed to prevent the escape of poultry.

(11)  Stormwater run-off must not be directed onto an adjoining property and must not contaminate adjoining land or waterways after rainfall.

(12)  Where possible, stormwater run-off must be directed to the street drainage system.

Poultry houses in rural areas

(1)  Must be on land within Zone No 1 (a), 1 (c) or 1 (c1).

(2)  Maximum area—100m².

(3)  Must be:

(a)  at least 40m from any waterway, and

(b)  at least 20m from property boundary, and

(c)  clear of any service mains (water, sewer, drainage, gas), and

(d)  clear of any easement.

(4)  Fowls (that is, birds of the species Gallus gallus) or guinea fowls must be kept at least 4.5m, and any other poultry must be kept at least 30m, from any dwelling house, public hall, school or premises used for the manufacture, preparation, sale or storage of food.

(5)  The floor must be paved with concrete or mineral asphalt underneath the roosts or perches unless the poultry house is:

(a)  at least 15.2m from any dwelling-house, public hall or school, or

(b)  on clean sand.

(6)  Must be enclosed to prevent the escape of poultry.

(7)  Must not be used to house more than 100 birds.

Public car parks

Must be constructed by or for the Council on Council owned land.

Re-cladding roofs and walls

(1)  Must only involve the replacement of existing materials with similar materials that are compatible with the existing building and finish.

(2)  Must not involve structural alterations or changes to the external configuration of a building.

Repairs to buildings and structures

(1)  Must only involve replacement of missing or deteriorated components such as bricks or other masonry units, sections of mortar or render, weatherboards and external timber elements, sections of decorative detail like balusters and cast iron lace panels, shed iron or slates of other roofing components, gutters and downpipes, landscape and garden elements such as kerbs and edges.

(2)  Must use materials that are similar to and compatible with the existing building and finish.

Satellite and microwave dishes on commercial premises

(1)  Maximum diameter—2.5m.

(2)  Must not be on the front facade or roof of a building where it would be readily visible from a public road.

(3)  Must not project above the ridgeline of the building.

(4)  Must not encroach onto existing car parking spaces or loading area.

Satellite and microwave dishes on residential premises

(1)  Must only be erected for purposes associated with a residential dwelling.

(2)  Maximum diameter—2m.

(3)  Must not be on the front facade or roof of a building where it would be readily visible from a public road.

(4)  Must not project above the ridgeline of the building.

Scaffolding

(1)  Must comply with AS/NZS 1576.1:1995, Scaffolding, Part 1: General requirements.

(2)  Must be removed immediately following the completion of works.

Shade structures

(1)  Must not be on the front setback of the property.

(2)  Must not be used as a carport.

(3)  Maximum area (public pool area)—100m².

(4)  Maximum area (any other case)—36m².

(5)  Must be structurally adequate.

(6)  Must not display any advertising, except for the details of the manufacturing company.

Shipping containers

(1)  Must be on land within Zone No 1 (a).

(2)  Must be:

(a)  at least 40m from any waterway, and

(b)  at least 40m from any property boundary, and

(c)  clear of any registered easements, and

(d)  clear of septic disposal areas.

(3)  Must not be used for commercial or industrial purposes.

(4)  Must be associated with the lawful use of the land for large scale broad-acre or intensive agricultural operations.

(5)  Must not display any advertising, except for the details of the manufacturing company.

(6)  Must be close to existing buildings.

(7)  Must not be on a ridgeline or other visually prominent area that can be viewed from adjoining properties.

(8)  Maximum—1 per property.

Silos

(1)  Must be on land within Zone No 1 (a).

(2)  Maximum capacity—120 tonnes.

(3)  Must be:

(a)  at least 40m from any waterway, and

(b)  at least 20m from any property boundary adjoining a public road, and

(c)  at least 10m from any other property boundary, and

(d)  clear of any registered easements, and

(e)  clear of septic disposal areas.

(4)  Must not be used for commercial or industrial purposes.

(5)  Must be associated with the use of the land for large scale broad-acre or intensive agricultural operations.

(6)  Must not display any advertising, except for the details of the manufacturing company.

(7)  Must be constructed of prefabricated metal to manufacturer’s specifications.

(8)  Must not be on or near a ridgeline so as to be visible from adjoining properties.

Skylights and roof vents

(1)  Maximum area—1m².

(2)  Must at least 0.9m from any property boundary or any wall separating attached dwellings.

(3)  Must not reduce the structural integrity of, or involve structural alterations to, the building.

(4)  Must be non-opening.

(5)  Must be adequately weatherproofed.

(6)  Must be installed in accordance with manufacturer’s specifications.

Solar water heaters

(1)  Must be installed by a licensed tradesperson in accordance with manufacturer’s specifications.

(2)  Associated work must not reduce the structural integrity of the building or involve structural alterations.

(3)  Any openings created by associated work must be adequately weatherproofed.

Stockyards and shelters

(1)  Must be on land within Zone No 1 (a).

(2)  Maximum area—0.5ha.

(3)  Maximum height—2.4m.

(4)  Must be:

(a)  at least 40m from any waterway, and

(b)  at least 20m from any property boundary adjoining a road, and

(c)  at least 5m from any other property boundary.

(5)  Must not be used for intensive livestock keeping or as a dairy.

(6)  Must be constructed of timber or metal and be structurally adequate.

Street lights

(1)  Must be installed by or for the Council on land under the control of the Council.

(2)  Must be designed, fabricated and installed in accordance with AS/NZS 1158:2007, Lighting for roads and public spaces.

Street signs

Must be installed by the Council or the Roads and Traffic Authority in accordance with AS 1742, Manual of uniform traffic control devices.

Subdivision—consolidation of allotments or rectifying encroachments

(1)  Services provided to each lot must remain located wholly within the boundary of the allotment that they serve.

(2)  Must remove any redundant access points and restore any kerb and gutter at those points.

(3)  Must not create any new access points to a public road.

(4)  Must adequately set back allotment boundaries from buildings and structures.

(5)  Must lodge a subdivision certificate with the Council prior to the registration of the plan of subdivision.

Subdivision—public purposes

(1)  Must be by or for the Council on Council owned land.

(2)  Must be for the purpose of the provision of a public utility or service, such as road works, water or sewerage supply, public car parking, parks and gardens.

(3)  Must not create new allotments for industrial, commercial or residential use.

(4)  Must lodge a subdivision certificate with the Council prior to registration of the plan of subdivision.

Temporary structures associated with building sites (including building site sheds, offices, amenities and waste storage facilities)

(1)  Must be erected in relation to building work that may lawfully be commenced.

(2)  Must not encroach onto any public road, footway or thoroughfare.

(3)  Must be wholly within the boundary of the building site.

(4)  Must be structurally adequate.

(5)  Must be removed immediately following the completion of the relevant building work.

(6)  Must not include additional road access points or alterations to the existing road access conditions.

Walls—non boundary retaining walls

(1)  Maximum height—0.6m.

(2)  Must be at least 40m from any waterway.

(3)  Must not interfere with the existing flow of stormwater run-off.

(4)  Stormwater run-off must not be directed onto adjoining property.

(5)  Masonry walls must comply with AS 3700—2001, Masonry structures, AS 3600—2001, Concrete structures and AS/NZS 1170:2007, Structural design actions.

(6)  Timber walls must comply with AS 1720—1997, Timber structures and AS/NZS 1170:2007, Structural design actions.

Waste storage containers

(1)  Must be on land under the control of the Council.

(2)  Maximum length—3m.

(3)  Must be removed within 14 days.

(4)  Must have adequate public liability insurance cover.

(5)  Must be well maintained and have the name and address of the owner clearly displayed.

(6)  Must be for use in connection with exempt development or works approved by or for the Council.

(7)  Maximum—1 per property.

Water heaters

(1)  Must not be a solar system on a roof.

(2)  Must be new and installed by an appropriately licensed person.

(3)  Must not reduce the structural integrity of, or involve structural alterations to, any building.

Water storage tanks

(1)  Must be installed in accordance with manufacturer’s instructions.

(2)  Must be at least 1m from any property boundary.

(3)  All plumbing work must be carried out by a licensed plumber.

(4)  Installation must be in accordance with AS/NZS 3500.1:2003, Plumbing and drainage, Part 1: Water services.

Windmills

(1)  Must be on land within Zone No 1 (a), 1 (c) or 1 (c1).

(2)  Must be at least 5m from any property boundary.

(3)  Must not be on any easement.

(4)  Must be free-standing and not rely on other structures for support.

(5)  Design, structure and footing specifications must be certified by a practising structural engineer.

(6)  Must be installed in accordance with the manufacturer’s specifications.

(7)  The structure must not encroach within the Obstacle Limitation Surfaces (OLS) developed for Cowra airport.

Note—

OLS plans are available for inspection at the Council’s Environment Services Department.

Windows, glazed areas and external doors

(1)  Must be the replacement of existing windows with materials that comply with AS 1288—2006, Glass in buildings–Selection and installation and AS/NZS 2208:1996, Safety glazing materials in buildings.

(2)  Must not reduce the area provided for light and ventilation.

(3)  Must not reduce the structural integrity of the building.

(4)  Must not reduce the fire safety of occupants of the building.

(5)  Does not apply to conversion of garages.

sch 3: Ins 2008 (541), Sch 1 [3]. Am 2009 No 56, Sch 2.7 [3] [4].

Schedule 4 Complying development

(Clause 10B)

Part 1 Criteria for complying development

Additions to rural dwelling-houses

(1)  Must be on land within Zone No 1 (a), 1 (c) or 1 (c1).

(2)  Minimum front setback—20m.

(3)  Must be:

(a)  at least 40m from any waterway, and

(b)  at least 5m from any other property boundary, and

(c)  at least 2m from any service main (water, sewer, drainage, gas), and

(d)  clear of any easements, and

(e)  clear of any septic disposal areas.

(4)  Must be carried out on an existing lawful dwelling-house.

(5)  The dwelling-house being altered, and the additions proposed, must be single storey only.

(6)  Must not include additional road access points or alterations to the existing road access conditions.

(7)  If the dwelling-house is serviced by an on-site waste system—an On-site Waste Disposal Appraisal Form (available from the Council) must be properly completed by a licensed plumber, certifying that the system will accommodate the additional loads.

(8)  Must submit structural engineering certificates for all structural components of the building with the application for the complying development certificate.

(9)  Maximum—1 dwelling-house per property.

Additions to urban dwelling-houses

(1)  Must be on land within Zone No 2 (a) or 2 (v).

(2)  Minimum front setback—7.5m.

(3)  Must be:

(a)  at least 40m from any waterway, and

(b)  at least 4.5m from any property boundary adjoining a public road, and

(c)  at least 0.9m from any other property boundary, and

(d)  at least 2m from any service main (water, sewer, drainage, gas), and

(e)  clear of any easements, and

(f)  clear of any septic disposal areas.

(4)  Must be carried out on an existing dwelling-house.

(5)  The dwelling-house being altered, and the additions proposed, must be of single storey only.

(6)  If the dwelling-house is serviced by an on-site waste system—an On-site Waste Disposal Appraisal Form (available from the Council) must be properly completed by a licensed plumber, certifying that the system will accommodate the additional loads.

(7)  Must not involve additional road access points or alterations to the existing road access conditions.

(8)  Must submit structural engineering certificates for all structural components of the building with the application for the complying development certificate.

(9)  Stormwater run-off must be directed to the Council’s stormwater drainage infrastructure or to an established inter-allotment drainage system.

Bed and breakfast accommodation

(1)  Must be on land within Zone No 1 (a).

(2)  Minimum number of bathrooms—2.

(3)  Maximum number of guest bedrooms—2.

(4)  Must be in an existing lawful dwelling-house.

(5)  Must not be in a residential flat building.

(6)  Must not alter the structure of the building.

(7)  Minimum of 3 car parking spaces on the site.

(8)  Must have a fire extinguisher and fire blanket within any kitchen or cooking area.

(9)  Must not include additional road access points or alterations to the existing road access conditions.

(10)  Outdoor advertising on the premises will be limited to 1 small sign to be erected within the subject property boundary.

(11)  If the dwelling-house is serviced by an on-site waste system—an On-site Waste Disposal Appraisal Form (available from the Council) must be properly completed by a licensed plumber, certifying that the system will accommodate the additional loads.

Change of use from commercial premises to retail premises or retail premises to commercial premises

(1)  Must involve an existing building being converted from retail premises to commercial premises or from commercial premises to retail premises.

(2)  Must not involve a conversion to or from a restaurant, cafe or bar.

(3)  Must not increase the customer service area or the gross floor area of the premises.

(4)  Must not reduce the fire safety of the building.

(5)  Must not include additional road access points or alterations to the existing road access.

(6)  Must not include alterations to the existing car parking arrangements.

(7)  Must include disabled access to the main entry of the building in accordance with AS 1428.1—2001, Design for access and mobility, Part 1: General requirements for access—New building work and must not encroach onto the public footpath.

Garages and carports in urban areas—area greater than 36m 2

(1)  Must be on land within Zone No 2 (a) or 2 (v).

(2)  Maximum height of walls—2.7m.

(3)  Maximum area—55m².

(4)  Minimum front setback—7.5m

(5)  Must be:

(a)  at least 4.5m from any property boundary adjoining a public road, and

(b)  at least 0.9m from any other property boundary, and

(c)  at lease 2m from any service main (water, sewer, drainage or gas), and

(d)  clear of any easements, and

(e)  clear of septic disposal areas.

(6)  Must be used as a garage or carport.

(7)  Must only be erected for purposes associated with and ancillary to residential use of the land.

(8)  Must use new materials for the roof and external walls.

(9)  Must not include additional road access points or alterations to the existing road access.

(10)  Must submit structural engineering certificates for all structural components of the building with the application for the complying development certificate.

(11)  Stormwater run-off must be directed to the Council’s stormwater drainage infrastructure or to an established inter-allotment drainage system.

Machinery sheds, hay sheds and shearing sheds—area greater than 200m 2

(1)  Must be on land within Zone No 1 (a).

(2)  Maximum area—300m².

(3)  Maximum height—6m.

(4)  Must be:

(a)  at least 40m from any waterway, and

(b)  at least 20m from any boundary adjoining a public road, and

(c)  at least 2m from any service main (water, sewer, drainage, gas), and

(d)  clear of any easements, and

(e)  clear of septic disposal areas.

(5)  Must be used as a machinery shed, hay shed or shearing shed.

(6)  Must only be erected for purposes associate with or ancillary to the agricultural use of the land.

(7)  Must not project above surrounding land ridgelines.

(8)  Must not include additional road access points or alterations to the existing road access conditions.

(9)  Must submit structural engineering certificates for all structural components of the building with the application for the complying development certificate.

(10)  Maximum cut for site levelling—1m.

(11)  Maximum fill for site levelling—1m.

Outdoor swimming pools and spa pools

(1)  Must be on land within Zone No 1 (a), 1 (c), 1 (c1), 2 (a) or 2 (v).

(2)  If on rural zoned land—must be:

(a)  at least 40m from any waterway, and

(b)  at least 20m from any property boundary adjoining a public road, and

(c)  at least 15m clear of any overhead power lines or transformer, and

(d)  clear of any easements, and

(e)  clear of septic disposal areas.

(3)  If on residential zoned land—must be:

(a)  at least 7.5m from any property boundary adjoining a public road, and

(b)  at least 1.2m from any other property boundary or permanent structure, and

(c)  at least 15m from any overhead power lines or transformer, and

(d)  at least 2m from any service main (water, sewer, drainage or gas), and

(e)  clear of any easements.

(4)  Must not be used for commercial purposes.

(5)  Must not be on land used for on-site car parking space required to be provided under any previous development consent.

Residential dwellings

(1)  Must be on land within Zone No 2 (a).

(2)  Minimum front setback—7.5m.

(3)  Maximum height (as measured from natural ground level to the underside of the eaves)—3m.

(4)  Must be:

(a)  at least 4.5m from any property boundary adjoining a public road, and

(b)  at least 0.9m from any other property boundary, and

(c)  at least 2m from any service main (water, sewer, draining or gas), and

(d)  clear of any easements.

(5)  Must be on an allotment of land with an area greater than 700m².

(6)  Must be a single storey.

(7)  If a driveway or footpath will be on a public road reserve or other public land:

(a)  utility services (gas, water, electricity) and street trees must be protected, and

(b)  no additional road access points or alterations to the existing road access conditions are to be undertaken.

(8)  Must, where possible, be serviced by the Council’s sewerage system.

(9)  Where the building is to be erected above the level of the adjoining street kerb and gutter—maximum cut for site levelling must not exceed 1m.

(10)  Where the building is to be erected below the level of the adjoining street kerb and gutter—maximum fill for site levelling must not exceed 0.5m.

(11)  Stormwater run-off from the dwelling must be directed to the Council’s stormwater drainage infrastructure or to an established inter-allotment drainage system.

(12)  Maximum—1 per property.

Retaining walls

(1)  Maximum height—1m.

(2)  Must be at least 0.9m from any property boundary.

(3)  Must not interfere with the existing flow of stormwater run-off.

(4)  Stormwater run-off must not be directed onto adjoining properties.

Strata subdivisions

(1)  Must be on residential zoned land.

(2)  Must relate to an existing lawful development and must comply with the conditions (if any) of any existing development consent.

(3)  All access, manoeuvring areas and communal open space areas must be designated as common property.

(4)  Utility services (gas, water, electricity) must be provided to each lot and the usage of services by each lot must be measured separately.

Part 2 Complying development certificate conditions

Approved plans and documentation

Development must take place in accordance with the approved plan and supporting documentation lodged in respect of the complying development certificate, except where varied by the following conditions.

Construction work

(1)  This clause applies to all development that involves construction work.

(2)  The person carrying out the construction work must, at all times, maintain a copy of the plan and specifications approved with the development consent on the work site.

(3)  The construction work must not encroach on an adjoining property without the written consent of the owner or authority in control of the land.

Note—

A copy of any written consent for construction work encroaching on to an adjoining property must be submitted to the Council or the accredited certifying authority before commencing work on the affected land.

(4)  Construction work that includes the use of power tools in a manner that creates noise that can be heard within a habitable room in any other residential premises must only be carried out during the following hours:

(a)  Monday–Friday—7:00am and 6:00pm, and

(b)  Saturday—8:00am and 1:00pm,

but not on a public holiday.

(5)  The loading, unloading and storage of goods and building materials, or the carrying out of building operations related to the construction work, must be carried out within the confines of the property and not on public roads or other public space.

(6)  All building rubbish and debris (including that which can be wind blown) must be contained in a suitable container on the work site for disposal at an approved Waste Landfill Depot.

(7)  Any footpaths, roads or utility installations that are damaged during construction work must be repaired to a standard equivalent to that existing prior to commencement of construction at the expense of the person having the benefit of the complying development certificate.

Plumbing and drainage

(1)  This clause applies to all development that includes alteration or installation of plumbing or drainage.

(2)  Before commencing work to which this clause applies, the person having the benefit of the complying development certificate must obtain all relevant approvals, permits or certificates required for any of the following:

(a)  connection to, or disconnection from, the Council’s Reticulated Sewerage System, or carrying out sewerage work,

(b)  connection to, or disconnection from, the Council’s Reticulated Water Supply System,

(c)  connection to, or disconnection from, the Council’s stormwater drainage infrastructure,

(d)  installation of an On-site Sewage Management System.

(3)  Plumbing and drainage must be carried out by a licensed plumber in accordance with the requirements of AS/NZS 3500:2003, Plumbing and drainage and the New South Wales Code of Practice for Plumbing and Drainage, 3rd Edition (produced by the Committee on Uniformity of Plumbing and Drainage Regulations on 1 July 2006).

(4)  Drainage must be:

(a)  discharged at least 3m from of any building or structure in a manner that does not cause soil erosion, or

(b)  where possible, directed to the Council’s stormwater drainage infrastructure.

Swimming pools and spa pools

(1)  This clause applies to any development that includes the alteration or installation of a swimming pool or spa pool.

(2)  Any associated exterior lighting must be designed and installed so that it will not cast light onto any adjoining property.

(3)  Any backwash water or water discharged from the pool during emptying must be discharged:

(a)  in accordance with AS/NZS 3500:2003, Plumbing and drainage, the New South Wales Code of Practice for Plumbing and Drainage, 3rd Edition (produced by the Committee on Uniformity of Plumbing and Drainage Regulations on 1 July 2006), and

(b)  in an area serviced by a reticulated sewerage system—into that system, and

(c)  in an area that is not serviced by a reticulated sewerage system—into absorption trenches, details of which must be submitted to, and approved by, the Council prior to the commencement of work.

(4)  The swimming pool or spa pool must not be filled with water until the fencing around the pool has been completed to the satisfaction of the Principal Certifying Authority.

(5)  A poster prepared by the Royal Life Saving Society on expired air resuscitation must be exhibited in a prominent position adjacent to the pool.

sch 4: Ins 2008 (541), Sch 1 [3].