Wollondilly Local Environmental Plan 1991

Part 1 Preliminary

1 Name of plan

This plan may be cited as Wollondilly Local Environmental Plan 1991.

2 Aims, objectives etc

This plan aims:

(a)  to consolidate the provisions of the Wollondilly Planning Scheme Ordinance and other deemed environmental planning instruments and local environmental plans within a single local environmental plan, and

(b)  to simplify planning controls within the Shire of Wollondilly, and

(c)  to correct mapping anomalies and rationalise zonings, and

(d)  to conserve the environmental heritage of the Shire of Wollondilly, and

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

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

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

(h)  to ensure that development does not compromise the protection and maintenance of water quality within water supply catchment areas, and

(i)  to ensure that development reflects the integrated resource management principles of total catchment management, and

(j)  to reduce the incidence of rural land use conflict by introducing appropriate planning controls, and

(k)  to introduce planning controls to protect and maintain areas of significant agricultural production, and

(l)  to ensure that agricultural uses are considered to be equally as important as urban and rural residential uses, and

(m)  to maintain the rural natural landscape character of the Wollondilly local government area by providing a balance between agricultural and other land uses, and

(n)  to provide for rural residential living opportunities which are compatible with the capability of the land, and

(o)  to protect areas of identified ecological significance, and

(p)  to provide for a diversity of well-located housing types within the local government area of Wollondilly.

cl 2: Am 20.9.1996; 6.8.1999; 22.11.2002.

3 Land to which plan applies

This plan applies to the whole of the land within the Shire of Wollondilly as shown on the map, with the boundaries as indicated on that map.

4 Relationship to other environmental planning instruments

(1)  Except as provided by subclause (2), this plan repeals all environmental planning instruments, other than State environmental planning policies and regional environmental plans, that immediately before the appointed day applied to the land to which this plan applies, but only to the extent to which those instruments applied to the land.

(2)  This plan amends State Environmental Planning Policy No 20—Minimum Standards for Residential Flat Development and State Environmental Planning Policy No 25—Residential Allotment Sizes in the manner set out in clause 5.

(3)  Nothing in clauses 6, 9 or 10 of State Environmental Planning Policy No 4—Development Without Consent authorises the carrying out of development referred to in clauses 30, 31 or 32 without the need to obtain development consent.

5 Amendment of SEPP Nos 20 and 25

(1)  State Environmental Planning Policy No 20—Minimum Standards for Residential Flat Development is amended by omitting from Schedule 1 the word “Wollondilly”.

(2)  State Environmental Planning Policy No 25—Residential Allotment Sizes is amended by omitting item 6 in Schedule 1 and by inserting instead the following item:

  

6 Wollondilly

(1)  Land to which clauses 13 (4), (5) and (6) of Wollondilly Local Environmental Plan 1991 applies.

(2)  Land within Zone No 5 (c1) or 5 (c2) under Wollondilly Local Environmental Plan 1991.

6 Definitions

(1)  In this plan:

abattoir has the same meaning as in the Meat Industry Act 1978.

alter, in relation to a heritage item or to a building or work within a heritage conservation area, means:

(a)  make structural changes to the outside of the heritage item, building or work, or

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

amusement centre means commercial premises predominantly used for the purposes of playing:

(a)  billiards, pool or other like games, or

(b)  electrically or mechanically operated amusement devices such as pinball machines.

animal boarding or training establishment means a place at which the commercial boarding, breeding, keeping, maintaining, receiving or training of animals or birds is carried on.

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

arterial road means a road declared as a main road under the State Roads Act 1986.

bed and breakfast establishment means a dwelling-house used by its permanent residents (including the owner) to provide short term paid accommodation (which may include meals) and includes ancillary buildings within the curtilage of the dwelling-house.

caravan park means a property used for the placement of caravans (or other movable dwellings) to such an extent that, by the operation of section 289F of the Local Government Act 1919, a licence is required.

cattle feedlot means a confined yard area with watering and feeding facilities where cattle are completely hand or mechanically fed for the purposes of production, but does not include an opportunity feedlot.

community titles subdivision means subdivision carried out in accordance with the Community Land Development Act 1989.

council means the Council of the Shire of Wollondilly.

dam means an area of land excavated or otherwise transformed so as to be used for the storage of water.

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

earth moving establishment means a building or place used for the storage of earth moving equipment, including facilities for the parking, servicing and repair of that equipment but does not include a building or place used for the sale of goods.

environmental protection works includes works such as weed removal, pollution control devices, riparian rehabilitation and the like.

environmentally significant land map means the map marked “Wollondilly Local Environmental Plan 1991 Environmentally Significant Land Map” as amended by the maps (or 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.

Wollondilly Local Environmental Plan 1991 (Amendment No 56)

extractive material means sand, gravel, clay, soil, rock, stone or any other similar substance but does not include turf or any sand, soil or other material remaining attached to turf after the extraction of turf is carried out.

granny flat means the smaller of two dwellings in the curtilage of a dwelling-house, being a dwelling the gross floor area of which is no greater than 60 square metres and where at least one of the dwellings is occupied by the owner of the allotment on which the dwellings stand.

heritage conservation area means a place of heritage significance being the land shown bound by a broken black line with black hatching and marked “Heritage Conservation Area” on the map.

heritage item means a building, work, relic, tree, or place of heritage significance to the Shire of Wollondilly described in Schedule 1.

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

highway service centre means a development which has direct access to a freeway or restricted access highway and contains the following, namely facilities for the sale of petrol and diesel fuel, toilets, restaurant facilities, adequate parking for cars, buses and trucks and limited emergency repair facilities (and at which towing facilities may be provided).

home activity means an activity or pursuit carried on for personal gain in a building or room or a number of rooms forming part of, attached to or within the curtilage of, a dwelling-house or in a dwelling in a multiple dwelling where the activity or pursuit does not:

(a)  interfere with the amenity of the locality by reason of the emission of noise, vibrations, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit, oil or otherwise, or

(b)  involve exposure to view from any public place of any unsightly matter, or

(c)  require the provision of an essential service main of a greater capacity than that available in the locality, or

(d)  involve the employment of persons other than residents of the dwelling-house or dwelling, or

(e)  occupy an area greater than 50 square metres including any space used for storage, or

(f)  involve the exhibition of any notice, advertisement or sign (other than a notice or sign advertising the home activity having a maximum area of 0.5m², situated on the property where the home activity is located indicating only the name of the person occupying the property and the use being carried out there), or

(g)  give rise to traffic levels out of keeping with those in the vicinity, or

(h)  involve the carrying out of repairs to motor vehicles or agricultural machinery (including body building, panel beating and spray painting), or

(i)  involve retailing from the site.

home occupation means an occupation, not being a home activity, carried on for personal gain in a dwelling-house or in a dwelling in a multiple dwelling, by the permanent residents of the dwelling-house or dwelling which does not involve:

(a)  the registration of the building under the Factories, Shops and Industries Act 1962,

(b)  the employment of more than one person other than permanent residents of the dwelling-house,

(c)  interference with the amenity of the neighbourhood by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, or otherwise,

(d)  the display of goods, whether in a window or otherwise,

(e)  the exhibition of any notice, advertisement or sign (other than a notice or sign advertising the home occupation having a maximum area of 0.5sqm, situated on the property where the home occupation is located indicating only the name of the person occupying the property and the use being carried out there),

(f)  traffic or parking levels out of keeping with those in the vicinity, or

(g)  retailing from the site.

intensive horticulture means the growing of plants, whether undercover or in the open, where the application of water and fertiliser is significantly above that naturally occurring and the activity:

(a)  occupies greater than 1 hectare, or

(b)  is, in the opinion of the consent authority, likely to have a significant impact on water quality,

and includes the growing of vegetables, flowers, ornamental plants and orcharding, except for produce grown for personal household consumption or enjoyment.

intensive livestock keeping establishment means a building or place in which or on which livestock are held for the purpose of nurturing by a feeding method other than natural grazing and, without limiting the generality of the foregoing includes:

(a)  poultry farms, and

(b)  buildings and places used for aquaculture (including the farming of crustaceans), and

(c)  horse training and boarding establishments, and

(d)  piggeries,

but does not include a building or place used for the keeping of livestock intended solely for personal consumption or enjoyment by the owner or occupier of the building or place.

land filling operation means any work or other activity on land for any purpose which has the effect of materially altering the shape or natural form of the land.

light service industry means a light industry primarily intended for the provision of mechanical, automotive or industrial servicing and repairing.

maintenance means the continuous protective care of the fabric of an item and its setting.

multiple dwelling means two or more dwellings on an allotment of land, but does not include a dwelling-house that contains a granny flat.

opportunity feedlot means a part of a paddock which is separately fenced for a limited period of time, being a part in which animals are fed by a method other than by grazing, where that use has the potential to result in land degradation or another detrimental impact.

plant and equipment hire means a building or place used to hire out tools, plant and equipment used by builders and do-it-yourselfers and for the service and maintenance of the tools, plant and equipment. It includes a building or place used for the hire of party/function equipment which requires a large area for handling and storage and easy and direct vehicular access for collection of party/function hire equipment by customers.

poultry processing plant means a building or place used for or in connection with the carrying on of a process within the meaning of the Poultry Processing Act 1969.

produce store means a shop used for the sale of stock feed only.

recreation area means:

(a)  a children’s playground,

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

(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 to provide recreational facilities by a body of persons associated for the purposes of the physical, cultural or intellectual welfare of the community,

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 Shire of Wollondilly which is 50 or more years old.

renovation, in relation to a building or work, means the making of structural changes to the fabric or appearance of the outside of the building or work, including changes that involve the repair or the painting, plastering or other decoration of the outside of the building or work.

reticulated sewerage scheme means a system of trunks, mains and sewerage pumping systems used to transport sewerage from premises to treatment plants.

service station means a building or place used for the fuelling of motor vehicles and for the sale by retail of petrol, oil or other petroleum products, whether or not the building or place is also used for one or more of the following purposes:

(a)  the hiring of trailers,

(b)  the retail selling or the installing of spare parts and accessories for motor vehicles,

(c)  the washing and greasing of motor vehicles,

(d)  the repairing or servicing of motor vehicles (other than body building, panel beating or spray painting),

(e)  the retail selling or hiring of small consumer goods.

stable means a building or place used to receive, maintain or keep a horse or horses, or the purpose of gain.

telecommunications facility means:

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

(b)  any line, equipment, apparatus, tower, mast, antenna, tunnel, duct, hole, pit, pole or other structure or thing used, or for use in or in connection with a telecommunications network.

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

timber yard means a place used specifically for the cutting, processing, retailing, wholesaling or storage of timber and timber products.

the map means sheets 2, 3, 6, 8, 9, 10 and 11 of the map marked “Wollondilly Local Environmental Plan 1991” as amended by the maps (or 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.

Sydney Regional Environmental Plan No 27—Wollondilly Regional Open Space

Wollondilly Local Environmental Plan 1991 (Amendment No 2), sheets 1, 4, 5 and 7

Wollondilly Local Environmental Plan 1991 (Amendment No 3—Menangle Urban Conservation Area)

Wollondilly Local Environmental Plan 1991 (Amendment No 4)

Wollondilly Local Environmental Plan 1991 (Amendment No 6—South Menangle)

Wollondilly Local Environmental Plan 1991 (Amendment No 7)

Wollondilly Local Environmental Plan 1991 (Amendment No 8)

Wollondilly Local Environmental Plan 1991 (Amendment No 11)

Wollondilly Local Environmental Plan 1991 (Amendment No 13)

Wollondilly Local Environmental Plan 1991 (Amendment No 15)

Wollondilly Local Environmental Plan 1991 (Amendment No 19)

Wollondilly Local Environmental Plan 1991 (Amendment No 20)—Sheets 5, 7, 8, 10 and 11

Wollondilly Local Environmental Plan 1991 (Amendment No 25)

Wollondilly Local Environmental Plan 1991 (Amendment No 26)

Wollondilly Local Environmental Plan 1991 (Amendment No 37)

Wollondilly Local Environmental Plan 1991 (Amendment No 42)

Wollondilly Local Environmental Plan 1991 (Amendment No 52)

Wollondilly Local Environmental Plan 1991 (Amendment No 56)

Wollondilly Local Environmental Plan 1991 (Amendment No 59)

Wollondilly Local Environmental Plan 1991 (Amendment No 71)

turf farming means the cultivation, harvesting and sale of turf.

veterinary establishment means a building or place used for the treatment and hospitalisation of animals and that requires registration under the Veterinary Surgeons Act 1986.

(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 a map is a reference to a map deposited in the office of the council, and

(c)  a reference to land within a zone specified in the Table to clause 10 is a reference to land shown on the map in the manner identified in clause 9 as the means of identifying land of the zone so specified.

cl 6: Am 10.7.1992; 21.8.1992; 11.12.1992; 5.2.1993; 23.4.1993; 9.7.1993; 29.10.1993; 29.7.1994; 3.11.1995; 9.2.1996; 20.9.1996; 27.12.1996; 16.10.1998; 6.8.1999; 24.12.1999; 24.11.2000; 6.4.2001; 31.8.2001; 26.10.2001; 22.11.2002; 4.6.2004; 2004 No 91, Sch 2.124 [1]; 2005 (575), Sch 1 [1] [2]; 2006 (396), Sch 1 [1]; 2006 (807), Sch 1 [1]; 2007 (104), Sch 1 [1].

7 Adoption of Model Provisions 1980

The Environmental Planning and Assessment Model Provisions 1980, except for the definitions of arterial road, extractive materials, home industry, home occupation, map, residential flat building and service station in clause 4 (1), are adopted for the purposes of this plan.

cl 7: Am 23.4.1993; 9.7.1993. Subst 24.12.1999. Am 22.11.2002.

8 Consent authority

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

Part 2 General restrictions on development of land

9 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) (Agriculture Zone)—black edging and lettered “1 (a)”.

Zone No 1 (a1) (Rural “A1” Zone)—black edging and lettered “1 (a1)”.

Zone No 1 (a2) (Rural “A2” Zone)—black edging and lettered “1 (a2)”.

Zone No 1 (a3) (Rural “A3” Zone)—black edging and lettered “1 (a3)”.

Zone No 1 (b) (Agricultural Landscape Zone)—black edging and lettered “1 (b)”.

Zone No 1 (c1) (i) (Rural “C1 (i)” (Small Holdings) Zone)—black edging and lettered “1 (c1) (i)”.

Zone No 1 (c1) (ii) (Rural “C1 (ii)” (Small Holdings) Zone)—black edging and lettered “1 (c1) (ii)”.

Zone No 1 (c1) (iii) (Rural “C1 (iii)” (Small Holdings) Zone)—black edging and lettered “1 (c1) (iii)”.

Zone No 1 (c2) (Rural “C2” Zone)—black edging and lettered “1 (c2)”.

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

Zone No 2 (d) (Residential “D” Village Zone)—black edging and lettered “2 (d)”.

Zone No 2 (e) (Residential “E” Comprehensive Development Zone)—black edging and lettered “2 (e)”.

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

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

Zone No 4 (c) (Light Industrial Service Zone)—black edging and lettered “4 (c)”.

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

Zone No 5 (b) (Special Uses “B” (Railway) Zone)—black edging and lettered “5 (b)”.

Zone No 5 (c1) (Special Uses “C1” (Water Catchment) Zone)—black edging and lettered “5 (c1)”.

Zone No 5 (c2) (Special Uses “C2” (Water Catchment) Zone)—black edging and lettered “5 (c2)”.

Zone No 6 (a) (Open Space “A” (Recreation) Zone)—black edging and lettered “6 (a)”.

Zone No 6 (b) (Open Space “B” (Private Recreation) Zone)—black edging and lettered “6 (b)”.

Zone No 7 (a) (Environmental Protection “A” Zone)—black edging and lettered “7 (a)”.

Zone No 7 (b) (Environmental Protection “B” (Soil Conservation) Zone)—black edging and lettered “7 (b)”.

Zone No 7 (c) (Environmental Protection “C” (Rural Living) Zone)—black edging and lettered “7 (c)”.

Zone No 7 (d) (Environmental Protection “D” (Rural-Urban Fringe) Zone)—black edging and lettered “7 (d)”.

Zone No 7 (e) (Environmental Protection “E” (Ecological Significance) Zone)—black edging and lettered “7 (e)”.

Zone No 7 (f) (Environmental Protection “F” (Biodiversity Conservation) Zone)—black edging and lettered “7 (f)”.

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

Zone No 9 (a) (Special Uses Reservation Zone)—black edging and lettered “9 (a)”.

Zone No 9 (b) (Arterial Road Reservation Zone)—black edging and lettered “9 (b)”.

Zone No 9 (c) (Local Roads Reservation Zone)—black edging and lettered “9 (c)”.

Zone No 9 (d) (Open Space Reservation Zone)—black edging and lettered “9 (d)”.

Zone No 9 (e) (Regional Open Space Reservation Zone)—black edging and lettered “R”.

cl 9: Am 10.7.1992; 20.9.1996; 6.8.1999; 2005 (575), Sch 1 [3]; 2006 (807), Sch 1 [2].

9A What is exempt and complying development?

(1)  Development of minimal environmental impact listed as exempt development in Development Control Plan No 47—Exempt and Complying Development as adopted by the Council on 14 October 2002 is exempt development, despite any other provision of this plan.

(2)  Development listed as complying development in Development Control Plan No 47—Exempt and Complying Development as adopted by the Council on 14 October 2002 is complying development despite any other provision of this plan.

(3)  Development is exempt or complying development only if it complies with the development standards and other requirements applied to the development by Development Control Plan No 47—Exempt and Complying Development as adopted by the Council on 14 October 2002.

(4)  A complying development certificate issued for any complying development is to be subject to the conditions for the development specified in Development Control Plan No 47—Exempt and Complying Development adopted by the Council, as in force when the certificate is issued.

cl 9A: Ins 24.12.1999. Am 14.2.2003.

10 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 only with development consent, and

(c)  development is prohibited,

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

(3)  Except as otherwise provided by this plan, the council shall not grant consent to the carrying out of development on land to which this plan applies unless the council is of the opinion that the carrying out of the development is consistent with the objectives of the zone within which the development is proposed to be carried out.

Table

Zone No 1 (a)   (Agriculture Zone)

1 Objectives of zone

The objectives of this zone are:

(a)  to promote and maintain sustainable agricultural uses, and

(b)  to recognise the importance of the preservation of high-class agricultural land for agricultural purposes, and

(c)  to minimise the incidence of existing and potential rural land use conflict, and

(c1)  to maintain existing significant stands of indigenous vegetation, and

(c2)  to allow for the development of non-agricultural land uses which are compatible with the character of the zone, and

(c3)  to minimise the impact of noxious weeds on agricultural production, and

(d)  to protect the water quality of receiving streams and to reduce land degradation, and

(e)  to minimise the impact of development on the existing agricultural landscape character.

2 Without development consent

Agriculture (other than cattle feedlots, intensive horticulture, intensive livestock keeping establishments, opportunity feedlots or turf farming).

3 Only with development consent

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

4 Prohibited

Amusement centres; boarding-houses; bus depots; bus stations; car repair stations; caravan parks; child care centres; clubs; commercial premises (other than veterinary establishments); general stores; granny flats; highway service centres; hospitals; hotels; industries (other than rural, extractive, offensive or hazardous or potentially offensive or hazardous industries); junkyards; light industries; light service industries; liquid fuel depots; motor showrooms; multiple dwellings; plant and equipment hire; service stations; shops (other than produce stores); taverns.

Zone No 1 (a1)   (Rural “A1” Zone)

1 Objectives of zone

The objectives of this zone are:

(a)  to protect the agricultural potential of rural land and to prevent fragmentation of viable rural holdings, and

(b)  to prevent inappropriate, premature and sporadic subdivisions and to ensure consolidation of urban areas so as to enhance the prospect of economic provision of services, and

(c)  to prevent, on the fringe of urban areas, subdivision of land into small lots which would prejudice the proper layout of additional urban areas as a result of natural growth, and

(d)  to retain the scenic quality and overall character of the land, and

(e)  to encourage agricultural activities that are within the rural capability of the land.

2 Without development consent

Agriculture (other than intensive livestock keeping establishments).

3 Only with development consent

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

4 Prohibited

Amusement centres; boarding-houses; car repair stations; commercial premises; granny flats; industries (other than extractive, offensive, hazardous or rural industries); motor showrooms; multiple dwellings; plant and equipment hire; service stations; shops (other than general stores and produce stores).

Zone No 1 (a2)   (Rural “A2” Zone)

1 Objectives of zone

The objectives of this zone are:

(a)  to protect the agricultural potential of rural land and to prevent fragmentation of viable rural holdings, and

(b)  to prevent inappropriate, premature and sporadic subdivisions and to ensure consolidation of urban areas so as to enhance the prospect of economic provision of services, and

(c)  to prevent, on the fringe of urban areas, the subdivision of land into small lots which would prejudice the proper layout of additional urban areas as a result of natural growth, and

(d)  to retain the scenic quality and overall character of the land,

(e)  to encourage agricultural activities that are within the rural capability of the land.

2 Without development consent

Agriculture (other than intensive livestock keeping establishments).

3 Only with development consent

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

4 Prohibited

Abattoirs; amusement centres; boarding-houses; car repair stations; commercial premises; granny flats; industries (other than extractive, offensive, hazardous or rural industries); motor showrooms; multiple dwellings; plant and equipment hire; service stations; shops (other than general stores and produce stores).

Zone No 1 (a3)   (Rural “A3” Zone)

1 Objectives of zone

The objectives of this zone are:

(a)  to protect the agricultural potential of rural land and to prevent fragmentation of viable rural holdings, and

(b)  to prevent inappropriate, premature and sporadic subdivisions and to ensure consolidation of urban areas so as to enhance the prospect of economic provision of services, and

(c)  to prevent, on the fringe of urban areas, the subdivision of land into small lots which would prejudice the proper layout of additional urban areas as a result of natural growth, and

(d)  to retain the scenic quality and overall character of the land,

(e)  to encourage agricultural activities that are within the rural capability of the land.

2 Without development consent

Agriculture (other than intensive livestock keeping establishments).

3 Only with development consent

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

4 Prohibited

Amusement centres; boarding-houses; car repair stations; commercial premises; granny flats; industries (other than extractive, offensive, hazardous or rural industries); motor showrooms; multiple dwellings; plant and equipment hire; service stations; shops (other than general stores and produce stores).

Zone No 1 (b)   (Agricultural Landscape Zone)

1 Objectives of zone

The objectives of this zone are:

(a)  to encourage the preservation of the rural landscape character by ensuring that development is compatible with that character, and

(b)  to allow for the continuation of existing agricultural practices, and

(c)  to provide for community titles subdivision subject to appropriate controls, and

(d)  to maintain existing significant stands of indigenous vegetation, and

(e)  to protect the water quality of receiving streams and to reduce the incidence of land degradation, and

(f)  to minimise the visual impact of development on the rural landscape.

2 Without development consent

Agriculture (other than cattle feedlots, intensive horticulture, intensive livestock keeping establishments, opportunity feedlots or turf farming).

3 Only with development consent

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

4 Prohibited

Amusement centres; boarding-houses; car repair stations; commercial premises (other than veterinary establishments); general stores; granny flats; highway service centres; industries (other than rural, extractive, offensive or hazardous or potentially offensive or hazardous industries); junkyards; light industries; light service industries; liquid fuel depots; motor showrooms; multiple dwellings; plant and equipment hire; service stations; shops (other than produce stores).

Zone No 1 (c1) (i)   (Rural “C1 (i)” (Small Holdings) Zone)

1 Objectives of zone

The objectives of this zone are:

(a)  to accommodate demands for rural residential use, and confine this form of development generally to land not being of prime crop and pasture potential or to places where services are available or to which services may be reasonably extended, and

(b)  to ensure development is carried out in a manner that minimises risks from natural hazards, particularly bushfires, flooding and soil erosion, and does not detract from the scenic quality of the rural area, and

(c)  to provide for such community uses as are necessary to meet community needs in this zone, and

(d)  to ensure that small holding zones are not sited in localities that have been identified for future residential expansion.

2 Without development consent

Nil.

3 Only with development consent

Any purpose other than a purpose included in Item 4.

4 Prohibited

Abattoirs; advertising structures; amusement centres; amusement parks; animal boarding or training establishments; boarding-houses; bulk stores; car repair stations; caravan parks; clubs; commercial premises; earth moving establishments; general stores; granny flats; hospitals; hotels; industries (other than extractive industries); intensive horticulture; intensive livestock keeping establishments; junk yards; liquid fuel depots; motels; motor showrooms; multiple dwellings; plant and equipment hire; produce stores; refreshment rooms; road transport terminals; roadside stalls; sawmills; service stations; shops; stock and sale yards; taverns; transport terminals; warehouses.

Zone No 1 (c1) (ii)   (Rural “C1 (ii) (Small Holdings) Zone)

1 Objectives of zone

The objectives of this zone are:

(a)  to accommodate demands for rural residential use and confine this form of development generally to land not being of prime crop and pasture potential or to places where services are available or to which services may be reasonably extended, and

(b)  to ensure development is carried out in a manner that minimises risks from natural hazards, particularly bushfires, flooding and soil erosion, and does not detract from the scenic quality of the rural area, and

(c)  to provide for such community uses as are necessary to meet community needs in this zone, and

(d)  to ensure that small holding zones are not sited in localities that have been identified for future residential expansion.

2 Without development consent

Nil.

3 Only with development consent

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

4 Prohibited

Abattoirs; advertising structures; amusement centres; amusement parks; animal boarding or training establishments; boarding-houses; bulk stores; car repair stations; caravan parks; clubs; commercial premises; earth moving establishments; general stores; granny flats; hospitals; hotels; industries (other than extractive industries); intensive horticulture; intensive livestock keeping establishments; junk yards; liquid fuel depots; motels; motor showrooms; multiple dwellings; plant and equipment hire; produce stores; refreshment rooms; road transport terminals; roadside stalls; sawmills; service stations; shops; stock and sale yards; taverns; transport terminals; warehouses.

Zone No 1 (c1) (iii)   (Rural “C1 (iii)” (Small Holdings) Zone)

1 Objectives of zone

The objectives of this zone are:

(a)  to accommodate demands for rural residential use and confine this form of development generally to land not being of prime crop and pasture potential or to places where services are available or to which services may be reasonably extended, and

(b)  to ensure development is carried out in a manner that minimises risks from natural hazards, particularly bushfires, flooding and soil erosion, and does not detract from the scenic quality of the rural area, and

(c)  to provide for such community uses as are necessary to meet community needs in this zone, and

(d)  to ensure that small holding zones are not sited in localities that have been identified for future residential expansion.

2 Without development consent

Nil.

3 Only with development consent

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

4 Prohibited

Abattoirs; advertising structures; amusement centres; amusement parks; animal boarding or training establishments; boarding-houses; bulk stores; car repair stations; caravan parks; clubs; commercial premises; earth moving establishments; general stores; granny flats; hospitals; hotels; industries (other than extractive industries); intensive horticulture; intensive livestock keeping establishments; junk yards; liquid fuel depots; motels; motor showrooms; multiple dwellings; plant and equipment hire; produce stores; refreshment rooms; road transport terminals; roadside stalls; sawmills; service stations; shops; stock and sale yards; taverns; transport terminals; warehouses.

Zone No 1 (c2)   (Rural “C2” Zone)

1 Objectives of zone

The objectives of this zone are:

(a)  to protect the agricultural potential of rural land and to prevent fragmentation of viable rural holdings, and

(b)  to prevent inappropriate, premature and sporadic subdivisions and to ensure consolidation of urban areas so as to enhance the prospect of economic provision of services.

2 Without development consent

Agriculture (other than intensive livestock keeping establishments).

3 Only with development consent

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

4 Prohibited

Abattoirs; advertising structures; amusement centres; amusement parks; animal boarding or training establishments; boarding-houses; bulk stores; car repair stations; caravan parks; clubs; commercial premises; earth moving establishments; general stores; granny flats; hospitals; hotels; industries (other than extractive, offensive, hazardous or rural industries); intensive livestock keeping establishments; junk yards; liquid fuel depots; motels; motor showrooms; multiple dwellings; plant and equipment hire; produce stores; refreshment rooms; road transport terminals; roadside stalls; sawmills; service stations; shops; stock and sale yards; taverns; transport terminals; warehouses.

Zone No 2 (a)   (Residential “A” Zone)

1 Objectives of zone

The objectives of this zone are to provide an environment primarily for detached housing and to ensure that the range of other development permitted in a residential area is compatible with the residential environment.

2 Without development consent

Nil.

3 Only with development consent

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

4 Prohibited

Abattoirs; advertising structures; agriculture; amusement centres; bulk stores; car repair stations; caravan parks; clubs; commercial premises; earth moving establishments; extractive industries; generating works; hotels; industries; junk yards; liquid fuel depots; mines; motels; motor showrooms; plant and equipment hire; refreshment rooms; retail plant nurseries; roadside stalls; sawmills; service stations; shops; stables; stock and sale yards; taverns; timber yards; tourist facilities; transport terminals; turf farming; warehouses.

Zone No 2 (d)   (Residential “D” Village Zone)

1 Objectives of zone

The objectives of this zone are:

(a)  to establish village boundaries which provide adequate vacant land for future residential development, and

(b)  to recognise the natural and physical features of each village and to prevent development in unsuitable areas, and

(c)  to control village development for more efficient use of the existing utility services (such as water supply) and use of developed roads and streets, and

(d)  to allocate areas which provide a range of residential accommodation and urban facilities for the rural community.

2 Without development consent

Nil.

3 Only with development consent

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

4 Prohibited

Abattoirs; advertising structures; agriculture; amusement centres; bulk stores; car repair stations; caravan parks; clubs; earth moving establishments; extractive industries; generating works; hotels; industries referred to in Schedule 2 (other than panel beating or welding); institutions; junk yards; liquid fuel depots; mines; motor showrooms; plant and equipment hire; retail plant nurseries; roadside stalls; sawmills; service stations; stables; stock and sale yards; taverns; tourist facilities; transport terminals; turf farming; warehouses.

Zone No 2 (e)   (Residential “E” Comprehensive Development Zone)

1 Objectives of zone

The objectives of this zone are:

(a)  to provide for the comprehensive development of land for primarily residential and recreational purposes in a way that is environmentally sensitive and complements the natural environment, and

(b)  to permit a range of retail, commercial, recreational, community, employment and education uses to meet the needs of residents of the locality, and

(c)  to enable the appropriate location within the zone of gas drainage infrastructure required for underground coal mining, having regard to the impact on the amenity of residential areas, and to ensure that such infrastructure is designed in accordance with industry best practice guidelines, where existing, and

(d)  to ensure that development has regard to any applicable mine subsidence requirements of the Mine Subsidence Board, and

(e)  to encourage development that meets sustainable development principles, including integrated water cycle management and high quality, water sensitive, urban design practices, and

(f)  to encourage development that demonstrates a high quality of urban design and building design, including optimisation of passive solar design and energy efficiency, and

(g)  to provide for pedestrian and bicycle access to and within development, and

(h)  to encourage local employment by facilitating home-based business and employment opportunities.

2 Without development consent

Nil.

3 Only with development consent

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

4 Prohibited

Abattoirs; advertising structures; agriculture; amusement centres; bulk stores; caravan parks; earth moving establishments; extractive industries; generating works; industries referred to in Schedule 2; institutions; junk yards; liquid fuel depots; motels; motor showrooms; multiple dwellings; plant and equipment hire; roadside stalls; sawmills; stock and sale yards; turf farming; warehouses.

Zone No 3 (a)   (Business Zone)

1 Objectives of zone

The objectives of this zone are:

(a)  to focus and consolidate retail and business development in accessible locations, and

(b)  to promote the amenity and efficiency of business commercial centres, and

(c)  to ensure that there is adequate provision for car parking facilities in the vicinity of commercial centres.

2 Without development consent

Nil.

3 Only with development consent

Any purpose other than a purpose included in Item 4.

4 Prohibited

Abattoirs; agriculture; amusement centres; caravan parks; dwellings or multiple dwellings (other than dwellings or multiple dwellings erected in conjunction with shops or commercial premises); extractive industries; generating works; hospitals; industries referred to in Schedule 2; institutions; junk yards; liquid fuel depots; mines; roadside stalls; sawmills; stables; stock and sale yards; timber yards; transport terminals; turf farming.

Zone No 4 (a)   (Industrial Zone)

1 Objectives of zone

The objective of this zone is to identify land to be set aside in strategic locations for business establishments and employment opportunities in industry other than industries of an offensive or hazardous nature.

2 Without development consent

Nil.

3 Only with development consent

Any purpose other than a purpose included in Item 4.

4 Prohibited

Abattoirs; agriculture; boarding-houses; commercial premises and multiple dwellings; (other than those used in conjunction with industry and situated on the land on which the industry is conducted); dwellings (other than those used in conjunction with an industry); educational establishments; extractive industries; granny flats; hospitals; institutions; mines; motels; offensive or hazardous industries; places of assembly; professional consulting rooms; roadside stalls; shops (other than shops that are ancillary to, and used in conjunction with, manufacturing purposes permissible within the zone which serve the daily convenience needs of the workforce of the industrial area or which are used for the sale of bulky goods); stock and sale yards; turf farming.

Zone No 4 (c)   (Light Industrial Service Zone)

1 Objectives of zone

The objectives of this zone are:

(a)  to provide for light industrial services uses, and

(b)  to ensure that the development carried out in the zone does not create adverse economic impacts on existing commercially zoned areas, and

(c)  to ensure that there is no adverse environmental impact on surrounding areas.

2 Without development consent

Nil.

3 Only with development consent

Any purpose other than a purpose included in Item 4.

4 Prohibited

Agriculture; boarding-houses; commercial premises (other than those used in conjunction with a light service industry); dwelling-houses (other than those used in conjunction with a light service industry); forestry; general stores; granny flats; industries (other than a light service industry); multiple dwellings; plant and equipment hire; sale of bulky goods; shops; turf farming; units for aged persons.

Zone No 5 (a)   (Special Uses “A” Zone)

1 Objectives of zone

The objective of this zone is to identify and set aside land required to provide those uses, usually of a public nature, necessary to provide essential services to a community.

2 Without development consent

Nil.

3 Only with development consent

The particular purpose indicated by black lettering on the map; drainage; land filling operations; roads; telecommunications facilities; utility installations (other than generating works).

4 Prohibited

Any purpose other than a purpose included in Item 3.

Zone No 5 (b)   (Special Uses “B” (Railway) Zone)

1 Objectives of zone

The objective of this zone is to set aside certain land for railway purposes including any purpose authorised under the Transport Administration Act 1988.

2 Without development consent

Nil.

3 Only with development consent

Land filling operations; railway purposes; roads; drainage; telecommunications facilities; utility installations (other than gas holders or generating works).

4 Prohibited

Any purpose other than a purpose included in Item 3.

Zone No 5 (c1)   (Special Uses “C1” (Water Catchment) Zone)

1 Objectives of zone

The objective of this zone is to protect land which is designated as being part of a water catchment area from land uses which adversely affect, or are likely to adversely affect, the environmental quality of these areas.

2 Without development consent

Water catchment.

3 Only with development consent

Agriculture; any development ordinarily incidental to or subsidiary to water catchment; dams; drainage; dwelling-houses; extractive industries; forestry; home activities; land filling operations; mines; recreation areas; roads; roadside stalls; telecommunications facilities; turf farming; utility installations (other than gas holders or generating works).

4 Prohibited

Any purpose other than a purpose included in Item 2 or 3.

Zone No 5 (c2)   (Special Uses “C2” (Water Catchment) Zone)

1 Objectives of zone

The objective of this zone is to protect land which is designated as being part of a water catchment area from land uses which adversely affect, or are likely to adversely affect, the environmental quality of these areas.

2 Without development consent

Water catchment.

3 Only with development consent

Agriculture; any development ordinarily incidental to or subsidiary to water catchment; dams; drainage; dwelling-houses; extractive industries; forestry; home activities; land filling operations; mines; recreation areas; roads; roadside stalls; telecommunications facilities; turf farming; utility installations (other than gas holders or generating works).

4 Prohibited

Any purpose other than a purpose included in Item 2 or 3.

Zone No 6 (a)   (Open Space “A” (Recreation) Zone)

1 Objectives of zone

The objectives of this zone are to recognise and ensure that publicly owned land is developed for open space recreation, to encourage the development of open space which best satisfies community needs and to permit development associated with or complementary to open space.

2 Without development consent

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

3 Only with development consent

Agriculture; community centres; drainage; forestry; land filling operations; parking; racecourses; recreation areas; recreation facilities; roads; showgrounds; sportsgrounds; telecommunications facilities; utility installations (other than generating works).

4 Prohibited

Any purpose other than a purpose included in Item 2 or 3.

Zone No 6 (b)   (Open Space “B” (Private Recreation) Zone)

1 Objectives of zone

The objective of this zone is to set aside certain private land for a variety of recreational purposes.

2 Without development consent

Nil.

3 Only with development consent

Clubs; land filling operations; racecourses; recreation areas; showgrounds; sportsgrounds; telecommunications facilities; training tracks; utility installations (other than generating works).

4 Prohibited

Any purpose other than a purpose included in Item 3.

Zone No 7 (a)   (Environmental Protection “A” Zone)

1 Objectives of zone

The objective of this zone is to protect various areas which are environmentally sensitive and which enhance visual amenity and to protect water quality in areas which have been designated water catchment.

2 Without development consent

Water catchment.

3 Only with development consent

Agriculture; any development ordinarily incidental to or subsidiary to water catchment; drainage; dwelling-houses; land filling operations; recreation areas; roads; utility installations (other than generating works).

4 Prohibited

Any purpose other than a purpose included in Item 2 or 3.

Zone No 7 (b)   (Environmental Protection “B” (Soil Conservation) Zone)

1 Objectives of zone

The objective of this zone is to identify and protect various areas which are environmentally sensitive and which enhance visual amenity and to ensure the protection of soil which has been identified as being highly erodible.

2 Without development consent

Nil.

3 Only with development consent

Agriculture; dams; drainage; land filling operations; recreation areas; roads; utility installations (other than gas holders or generating works); vegetation clearing.

4 Prohibited

Any purpose other than a purpose included in Item 3.

Zone No 7 (c)   (Environmental Protection “C” (Rural Living) Zone)

1 Objectives of zone

The objectives of this zone are:

(a)  to provide for rural living opportunities, and

(b)  to encourage the preservation of the rural landscape character by ensuring that development is compatible with that character, and

(c)  to ensure that land degradation does not occur and that the water quality of receiving streams is protected, and

(d)  to maintain existing significant stands of indigenous vegetation.

2 Without development consent

Nil.

3 Only with development consent

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

4 Prohibited

Abattoirs; advertising structures; amusement centres; amusement parks; animal boarding or training establishments; boarding-houses; bulk stores; bus depots; bus stations; car repair stations; caravan parks; clubs; commercial premises; earth moving establishments; extractive industries; general stores; granny flats; highway service centres; hospitals; hotels; industries; intensive horticulture; intensive livestock keeping establishments; junkyards; light industries; light service industries; liquid fuel depots; motels; motor showrooms; multiple dwellings; offensive and hazardous industries; plant and equipment hire; poultry processing plants; produce stores; refreshment rooms; retail plant nurseries; road transport terminals; roadside stalls; sawmills; service stations; shops; stock and sale yards; taverns; timber yards; transport terminals, turf farming; warehouses.

Zone No 7 (d)   (Environmental Protection “D” (Rural-Urban Fringe) Zone)

1 Objectives of zone

The objectives of this zone are:

(a)  to provide for rural-urban fringe living opportunities, and

(b)  to allow for subdivision and a density of housing that is determined according to the constraints of the land and a minimum lot size, and

(c)  to minimise the impact of development on the physical attributes and scenic quality of the landscape, and

(d)  to ensure that land degradation is minimised, and

(e)  to protect and, where necessary, improve the water quality of receiving streams, and

(f)  to minimise the impact of development on existing indigenous vegetation, and

(g)  to minimise conflict between rural and residential land uses.

2 Without development consent

Nil.

3 Only with development consent

Any purpose other than a purpose included in Item 4.

4 Prohibited

Abattoirs; advertising structures; amusement centres; amusement parks; animal boarding or training establishments; boarding-houses; bulk stores; bus depots; bus stations; car repair stations; caravan parks; clubs; commercial premises; earth moving establishments; extractive industries; general stores; granny flats; highway service centres; hospitals; hotels; industries; intensive horticulture; intensive livestock keeping establishments; junk yards; light industries; light service industries; liquid fuel depots; motels; motor showrooms; multiple dwellings; offensive or hazardous industries; plant and equipment hire; poultry processing plants; produce stores; refreshment rooms; retail plant nurseries; road transport terminals; roadside stalls; sawmills; service stations; shops; stock and sale yards; taverns; timber yards; tourist facilities; transport terminals; turf farming; warehouses.

Zone No 7 (e)   (Environmental Protection “E” (Ecological Significance) Zone)

1 Objectives of zone

The objectives of this zone are:

(a)  to protect identified ecological communities from disturbance, and

(b)  to preserve the physical attributes and scenic quality of the landscape, and

(c)  to ensure that land degradation is minimised, and

(d)  to protect and, where necessary, improve the water quality of receiving streams, and

(e)  to maintain existing indigenous vegetation, and

(f)  to ensure that the ecological significance of the land is taken into consideration when determining the location of dwelling-houses and associated development (including effluent irrigation areas).

2 Without development consent

Nil.

3 Only with development consent

Dwelling-houses; environmental protection works; mining.

4 Prohibited

Any purpose other than a purpose included in Item 3.

Zone No 7 (f)   (Environmental Protection “F” (Biodiversity Conservation) Zone)

1 Objectives of zone

The objectives of this zone are:

(a)  to identify and manage land for the principal purpose of biodiversity protection, and

(b)  to conserve, restore and enhance native flora and fauna habitat and the ecological viability of land, and

(c)  to enable the development of land within the zone only where it can be shown that the development will not destroy, damage or compromise the extent, quality or integrity of the ecological attributes of the land.

2 Without development consent

Nil.

3 Only with development consent

Bushfire hazard reduction; environmental protection works; mining; public utility undertakings; removal or destruction of noxious weeds.

4 Prohibited

Any purpose other than a purpose included in Item 3.

Zone No 8 (a)   (Existing National Parks and Nature Reserves Zone)

1 Objectives of zone

The objectives of this zone are:

(a)  to conserve the scenic and environmental qualities of certain lands, and

(b)  to enable the effective and efficient management of land reserved or dedicated under the National Parks and Wildlife Act 1974, and

(c)  to protect water quality in lands that are situated within physical water supply catchments.

2 Without development consent

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

3 Only with development consent

Nil.

4 Prohibited

Any purpose other than a purpose included in Item 2.

Zone No 9 (a)   (Special Uses Reservation Zone)

1 Objectives of zone

The objectives of this zone are:

(a)  to ensure that land required for future essential services, open space, roads and community purposes is clearly designated, and

(b)  to provide for the acquisition of reserved land, and

(c)  to permit the development of reserved land where it is not immediately required, and

(d)  to allow the continued use of reserved land until it is required.

2 Without development consent

Nil.

3 Only with development consent

Any purpose indicated by heavy black lettering on the map; drainage; land filling operations; open space; roads; telecommunications facilities; utility installations (other than gas holders or generating works).

4 Prohibited

Any purpose other than a purpose included in Item 3.

Zone No 9 (b)   (Arterial Road Reservation Zone)

1 Objectives of zone

The objective of this zone is to identify and protect land intended to be acquired for new arterial roads or the widening of existing arterial roads.

2 Without development consent

Arterial roads; arterial road widening.

3 Only with development consent

Land filling operations; telecommunications facilities; utility installations (other than generating works).

4 Prohibited

Any purpose other than a purpose included in Item 2 or 3.

Zone No 9 (c)   (Local Roads Reservation Zone)

1 Objectives of zone

The objectives of this zone are:

(a)  to ensure that land required for future roads is clearly designated, and

(b)  to provide for the acquisition of reserved land, and

(c)  to permit the development of reserved land where it is not immediately required, and

(d)  to allow the continued use of reserved land until it is required.

2 Without development consent

Drainage; local roads; widening of existing local roads.

3 Only with development consent

Land filling operations; telecommunications facilities; utility installations (other than generating works).

4 Prohibited

Any purpose other than a purpose included in Item 2 or 3.

Zone No 9 (d)   (Open Space Reservation Zone)

1 Objectives of zone

The objectives of this zone are:

(a)  to ensure that land required for future open space is clearly designated, and

(b)  to provide for the acquisition of reserved land, and

(c)  to permit the development of reserved land where it is not immediately required, and

(d)  to allow the continued use of reserved land until it is required.

2 Without development consent

Public parks; public recreation.

3 Only with development consent

Agriculture; drainage; forestry; land filling operations; recreation areas; roads; telecommunications facilities; utility installations (other than generating works).

4 Prohibited

Any purpose other than a purpose included in Item 2 or 3.

Zone No 9 (e)   (Regional Open Space Reservation Zone)

1 Objectives of zone

The objectives of this zone are:

(a)  to ensure that land required for future regional open space is clearly identified and reserved,

(b)  to provide for the acquisition of reserved land,

(c)  to permit limited development of reserved land where acquisition is not immediately required, and

(d)  to ensure that any development of reserved land does not reduce its significance as regional open space.

2 Without development consent

Bushfire hazard reduction works; gardening and landscaping (not involving the erection of a building); public parks; weed eradication.

3 Only with development consent

Agriculture; gardening and landscaping (involving the erection of a building); land filling operations; picnic facilities; recreation areas; roads; telecommunications facilities; utility installations (other than gas holders or generating works).

4 Prohibited

Any purpose other than a purpose included in Item 2 or 3.

cl 10, table: Am 10.7.1992; 21.8.1992; 23.4.1993; 20.9.1996; 26.6.1998; 6.8.1999; 24.12.1999; 31.8.2001; 22.11.2002; 4.6.2004; 2005 (575), Sch 1 [4]; 2006 (807), Sch 1 [3].

Part 3 Special provisions

11 Subdivision of land generally

A person shall not subdivide land to which this plan applies except with the consent of the council.

12 Subdivision of land—Zones Nos 1 (a1), 1 (a2), 1 (a3), 1 (b), 1 (c1) (i), 1 (c1) (ii), 1 (c1) (iii), 1 (c2), 5 (c1) and 5 (c2)

(1)  This clause applies to land within Zone No 1 (a1), 1 (a2), 1 (a3), 1 (b), 1 (c1) (i), 1 (c1) (ii), 1 (c1) (iii), 1 (c2), 5 (c1) or 5 (c2).

(2)  Except as provided by subclause (3), land to which this clause applies shall not be subdivided unless each separate allotment created thereby will have an area of not less than:

(a)  in the case of land within Zone No 1 (a1), 1 (b), 1 (c2) or 5 (c1)—40 hectares, or

(b)  in the case of land within Zone No 1 (a2) or 5 (c2)—16 hectares, or

(c)  in the case of land within Zone No 1 (a3)—100 hectares, or

(d)  in the case of land within Zone No 1 (c1) (i)—2 hectares, or

(e)  in the case of land within Zone No 1 (c1) (ii)—1 hectare, or

(f)  in the case of land within Zone No 1 (c1) (iii)—4,000 square metres,

and, if that land, being land other than land within Zone No 1 (c1) (i), 1 (c1) (ii) or 1 (c1) (iii), has frontage to an arterial road, a frontage thereto of not less than 300 metres.

(3)  The council may consent to the subdivision of land within Zone No 1 (c2) into allotments of less than 40 hectares if:

(a)  the parcel of land to be subdivided has an area of not less than 6 hectares and is land to which a reticulated water supply is available, and

(b)  1 allotment created by the subdivision will have an area of not less than 50 per cent of the total area of the land which is the subject of an application for consent under this subclause, and

(c)  each additional allotment created by the subdivision will have an area of not less than 3,000 square metres, and

(d)  the minimum length of any boundary of an allotment will be 30 metres, and

(e)  each allotment referred to in paragraph (c) will have at least 1 boundary in common with the allotment referred to in paragraph (b), and

(f)  the allotment referred to in paragraph (b) will, if the owner and the council agree, be dedicated to the council as a public reserve, or, if not so dedicated, is intended to be used for the purpose of private recreation.

(4)  The council shall not consent to the carrying out of subdivision of land within Zone No 1 (c1) (i), 1 (c1) (ii) or 1 (c1) (iii) unless the council is satisfied that arrangements satisfactory to the Water Board have been made with the Board for the provision of a reticulated water supply to each lot to be created.

(5)  Despite subclause (2), the Council may consent to the creation of (1), subdivision may be an allotment of less than 40 hectares in Zone 1 (b) but only if it forms part of a lot created pursuant to clause 13B.

cl 12: Am 20.9.1996.

12AAA Subdivision of land in Zones Nos 2 (a) and 2 (d)

Land within Zone No 2 (a) or 2 (d) which is not serviced by a reticulated sewerage scheme must not be subdivided, unless each separate allotment so created will have an area of not less than 975 square metres.

cl 12AAA: Ins 22.11.2002.

12AA Subdivision of land wholly or partly within Zone No 7 (d)

(1)  The council may consent to a subdivision of all or part of an original holding, but only if:

(a)  the total number of lots into which the original holding will be divided after the subdivision will not exceed the number of hectares comprising the original holding, and

(b)  none of the allotments to be created by the subdivision will have an area of less than 4,000 square metres, and

(c)  the size and shape of the allotments have regard to the physical attributes and effluent disposal capability of the land.

(2)  In this clause, original holding means land within Zone No 7 (d), or land partly within that zone and the residue of which is within Zone No 7 (e), that was held in the same ownership on the commencement of Wollondilly Local Environmental Plan 1991 (Amendment No 19).

cl 12AA: Ins 6.8.1999.

12A Subdivision of land—Zone No 9 (e)

A person shall not subdivide land within Zone No 9 (e).

cl 12A: Ins 10.7.1992.

13 Dwelling-houses on land within Zones Nos 1 (a1), 1 (a2), 1 (a3), 1 (b), 1 (c1) (i), 1 (c2), 5 (c1), 5 (c2) and 7 (d)

(1)  This clause applies to land within Zone No 1 (a1), 1 (a2), 1 (a3), 1 (b), 1 (c1) (i), 1 (c2), 5 (c1), 5 (c2) or 7 (d).

(2)  Except as provided by this clause, the council shall not consent to the erection of a dwelling-house on an allotment of land to which this clause applies unless the allotment has an area of not less than:

(a)  in the case of land within Zone No 1 (a1), 1 (b), 1 (c2) or 5 (c1)—40 hectares, or

(b)  in the case of land within Zone No 1 (a2) or 5 (c2)—16 hectares, or

(c)  in the case of land within Zone No 1 (a3)—100 hectares, or

(d)  in the case of land within Zone No 1 (c1) (i)—2 hectares, or

(e)  in the case of an allotment created under clause 12 (3)—3000 square metres, or

(f)  in the case of land within Zone No 7 (d)—4,000 square metres.

(3)  Notwithstanding subclause (2) but subject to subclauses (4)–(9), a dwelling-house may be erected on any allotment of land which was in existence as a separate allotment on the appointed day.

(4)  Subclause (3) does not operate to authorise the erection of a dwelling-house on land shown on the map as land to which this subclause applies (other than an allotment lawfully created under Interim Development Order No 7 or 17—Shire of Wollondilly) unless that land comprises a single allotment having an area of not less than 4,000 square metres and unless a reticulated water supply is available to that land.

(5)  Except as provided by clause 14, subclause (3) does not operate to authorise the erection of a dwelling-house on land shown on the map as land to which this subclause applies (other than an allotment lawfully created under Interim Development Order No 7—Shire of Wollondilly) unless the parcel of land has an area of not less than 40 ha.

(6)  Except as provided by clause 14, subclause (3) does not operate to authorise the erection of a dwelling-house on land shown on the map as land to which this subclause applies (other than an allotment lawfully created under Interim Development Order No 7—Shire of Wollondilly) unless the parcel of land has an area of not less than 100 ha.

(7)  Notwithstanding subclauses (5) and (6), a dwelling-house may be erected on any parcel of land which was not held in common ownership with any adjoining or adjacent land in respect of which consent to erect a country dwelling or a dwelling-house could have been granted by the council in accordance with the provisions of the Wollondilly Planning Scheme Ordinance as in force prior to 18 July 1973.

(8)  Notwithstanding any other provision of this plan, the council may consent to the erection of a dwelling-house on each of the parcels of land referred to in Schedule 4 subject to the conditions specified in that Schedule in relation to that land.

(9)  Notwithstanding any other provision of this plan Council may consent to the erection of a dwelling-house on an allotment created under this plan.

cl 13: Am 20.9.1996; 6.8.1999; 29.6.2001.

13AA Subdivision and erection of dwelling-houses within Zone No 1 (a)

(1)  The council must not consent to a subdivision of land within Zone No 1 (a) unless it is satisfied that all lots to be created will have an area of at least 20 hectares and the subdivision is required in conjunction with a specified sustainable agricultural use of each lot to be created.

(2)  The council must not consent to a subdivision of land within Zone 1 (a) if the council is satisfied the subdivision would be predominantly for residential purposes.

(3)  The council must not consent to the erection of a dwelling-house or a rural worker’s dwelling on land within Zone No 1 (a) unless the lot on which the dwelling-house or dwelling is to be erected:

(a)  is 20 hectares or larger, or

(b)  was created under the provisions of this plan (as inserted by Wollondilly Local Environmental Plan 1991 (Amendment No 11)) and a sustainable agricultural use has been established in compliance with the subdivision consent in accordance with which the lot was created.

(4)  Notwithstanding subclause (1)–(3), a dwelling-house may be erected on any allotment of land within Zone No 1 (a) which was in existence as a lot in a current plan (within the meaning of section 327AA (1) of the Local Government Act 1919) at 20 September 1996, being the date of publication in the Gazette of Wollondilly Local Environmental Plan 1991 (Amendment No 11).

(5)  The provisions of this clause do not apply to an adjustment of one boundary where it does not involve the creation of any additional allotment.

cl 13AA: Ins 20.9.1996. Am 20.12.1996. Subst 26.6.1998.

13A Dwelling-houses within Zone No 2 (a) at Buxton

(1)  This clause applies to land within Zone No 2 (a) at Buxton.

(2)  A person must not erect a dwelling-house on an allotment of land to which this clause applies if the allotment has an area of less than 975 square metres unless the dwelling-house could have been erected on the allotment in accordance with the provisions of the Wollondilly Planning Scheme Ordinance.

cl 13A: Ins 21.8.1992. Am 9.7.1993.

13B Subdivision and erection of dwelling-houses within Zone No 7 (c)

(1)  The council may consent to a subdivision of all or part of an original holding consisting of land within Zone No 7 (c), or of land partly within that zone and the residue of which is within Zone No 1 (b), only if:

(a)  the total number of lots into which the original holding will be divided after the subdivision will not exceed the number obtained by dividing, by 4, the area (in hectares) of the original holding that is within Zone No 7 (c) only, the dividend being rounded down to the nearest whole number, and

(b)  none of the allotments to be created by the subdivision will have an area of less than 2 hectares.

(2)  The council may consent to the erection of a dwelling-house on land within Zone No 7 (c) only if:

(a)  it is on an allotment created in accordance with subclause (1), or

(b)  it is on an allotment with an area greater than 2 hectares.

(2A)  Notwithstanding subclause (2) a dwelling-house may, with the consent of the council, be erected on any allotment of land within Zone No 7 (c) which was an existing lot in a current plan (within the meaning of the Conveyancing Act 1919) at 20 September 1996, and on which, in the opinion of the council, a dwelling house could have been erected.

(3)  In this clause, original holding means a lot in a current plan (within the meaning of section 327AA (1) of the Local Government Act 1919) as at the date of publication in the Gazette of Wollondilly Local Environmental Plan 1991 (Amendment No 11).

cl 13B: Ins 20.9.1996. Am 29.6.2001.

13C Community titles subdivision—Zone No 1 (b)

(1)  Subdivision of land within Zone No 1 (b) in accordance with the Community Land Development Act 1989 to create a neighbourhood scheme is permitted, but only with the consent of the council. Such subdivision is referred to in this clause as a community titles subdivision.

(2)  Despite clause 12, the council may consent to a community titles subdivision of all or part of an original holding within Zone No 1 (b), but only if:

(a)  the area of the original holding is 80 hectares or greater, and

(b)  none of the allotments to be created by the subdivision will have an area of less than 1 hectare or more than 2 hectares, except for a lot comprising neighbourhood property, and

(c)  the total number of lots into which the original holding will be divided after the subdivision will not exceed 10, excluding the neighbourhood property.

(3)  The council must not consent to a community titles subdivision of land within Zone No 1 (b) unless it is satisfied that the development of the land after the subdivision will meet the following requirements:

(a)  agriculture will be maintained on the majority of the land and this area will be used as the neighbourhood property,

(b)  an adequate area of land will be available for effluent disposal,

(c)  the visual impact of development on the character of the rural landscape will be minimised,

(d)  any rural land use conflict or land degradation resulting from the proposed development will be minimised,

(e)  the neighbourhood property will constitute the majority of high-class agricultural land,

(f)  the neighbourhood property will not be further subdivided.

(4)  In this clause, original holding means a lot in a current plan (within the meaning of section 327AA (1) of the Local Government Act 1919) at 20 September 1996, being the date of publication in the Gazette of Wollondilly Local Environmental Plan 1991 (Amendment No 11).

cl 13C: Ins 20.9.1996. Am 20.12.1996. Subst 26.6.1998.

13D Subdivision of land within Zone No 7 (e)

Notwithstanding any other provision of this plan, subdivision of land within Zone No 7 (e) is permitted, but only with consent and only if the consent is granted in accordance with clause 12AA, or if the land to be subdivided and within that zone forms part of a lot created pursuant to clause 12AA.

cll 13D: Ins 6.8.1999.

13E Development of certain land within Zone No 7 (e) at Buxton

(1)  This clause applies to land within Zone No 7 (e) at Buxton, as shown edged heavy black and lettered “7 (e)” on the map marked “Wollondilly Local Environmental Plan 1991 (Amendment No 19)”.

(2)  In this clause, building precinct means land shown edged heavy black and horizontally hatched on that map, and includes any area of land to which this clause applies which extends 5 metres from the edge of any land shown horizontally hatched on the map.

(3)  The council may consent to the erection of a dwelling-house, outbuilding, fencing or other structure only if it is situated within the building precinct.

(4)  In determining an application for consent for any such dwelling-house, outbuilding, fencing or other structure, the council must take into account the following considerations:

(a)  the potential impact of the proposed development on the ecological significance of the site,

(b)  the land capability of the site,

(c)  the ability of the site to support an effluent disposal area,

(d)  the potential impact of the proposed development on the water quality of receiving streams.

(5)  The council may grant consent to only one dwelling-house on land within the building precinct.

cll 13E: Ins 6.8.1999.

14 Rural worker’s dwelling

One additional dwelling-house may, with the consent of the council, be erected:

(a)  on land within Zone No 1 (a1), 1 (b), 1 (c2) or 5 (c1) which has an area of not less than 40 hectares for each 40 hectares of the land, or

(b)  on land within Zone No 1 (a2) or 5 (c2) which has an area of not less than 16 hectares, or

(c)  on land within Zone No 1 (a3) which has an area of not less than 100 hectares for each 100 hectares of the land,

if the council is satisfied that the dwelling-house will be occupied by a person engaged or employed by the owner of the land in the use, for the purpose of agriculture, of that land or land belonging to the owner which adjoins or is adjacent to that land.

cl 14: Am 20.9.1996.

14A Bed and breakfast establishments

(1)  Development of land to which this plan applies for the purposes of bed and breakfast establishments must not be carried out except as provided by this clause, despite any other provision of this plan.

(2)  Development of the kind referred to in subclause (1) may be carried out on land within Zone No 1 (a1), 1 (a2), 1 (a3), 1 (c1) (i), 1 (c1) (ii), 1 (c1) (iii), 1 (c2), 2 (a), 2 (d), 5 (c1), 5 (c2) or 7 (d), but only with the consent of the council.

cl 14A: Ins 29.7.1994. Am 6.8.1999.

14B Multiple dwellings

(1)  The council must not consent to the carrying out of development for the purpose of multiple dwellings unless each separate allotment is serviced by a reticulated sewerage scheme.

(2)  This clause does not apply to or in respect of a development application for multiple dwellings that was lodged, but not finally determined, before 21 August 2002.

cl 14B: Ins 22.11.2002. Am 2.4.2004.

14C Home enterprises

(1)  Development of land to which this plan applies for the purpose of home enterprises must not be carried out except as provided by this clause, despite any other provision of this plan.

(2)  Development of the kind referred to in subclause (1) may be carried out on land within Zone No 2 (e) but only with the consent of the consent authority.

(3)  In this clause:

home enterprise means the use of a dwelling or the land on which a dwelling is located, or of another building associated with a dwelling on any such land, for the purpose of an office, light industry or business, but only if:

(a)  the use is undertaken by the permanent residents of the dwelling, whether or not others are employed, and

(b)  the use does not interfere unreasonably in any way with the amenity of adjoining properties or the locality in which the dwelling is situated, and

(c)  the use does not involve the public display or retail sale of any goods from the premises, and does not include a different land use defined in clause 6, and

(d)  the use does not employ more than 4 non-residents at any one time or have a floor space exceeding 50 square metres, and

(e)  the use does not involve a brothel.

cl 14C: Ins 2005 (575), Sch 1 [5].

15 Home activities

The council may consent to the use of a building or part of a building on land within Zone No 1 (a1), 1 (a2), 1 (a3), 1 (c1) (i), 1 (c1) (ii), 1 (c1) (iii), 1 (c2), 2 (a), 2 (d), 5 (c1), 5 (c2) or 7 (d) for the purposes of a home activity only if:

(a)  the building or part of the building to be used for the purposes of a home activity has a floor area not exceeding 50 square metres, and

(b)  comment has been sought from persons who, in the opinion of the council, could reasonably be considered to be affected by that use, and

(c)  the council is satisfied that the granting of consent would not be contrary to the public interest.

cl 15: Am 6.8.1999.

15A Limitation on animal boarding or training establishments

(1)  Development of land to which this plan applies for the purposes of animal boarding or training establishments must not be carried out except as provided by this clause, despite any other provision of this plan.

(2)  Development of the kind referred to in subclause (1) may be carried out on land within Zone No 1 (a), 1 (a1), 1 (a2), 1 (a3), 1 (b), 5 (c1) or 5 (c2), but only with the consent of the council.

cl 15A: Ins 21.8.1992. Am 19.5.2000.

16 Advertising of certain applications

(1)  Any development application in respect of:

(a)  development for the purposes of a multiple dwelling comprising 3 or more dwellings, or

(b)  development for the purposes of a place of public worship, or

(c)  development for any other purpose that the council has resolved is of significant public interest, must be placed on public exhibition for a period of 14 days and notified in a newspaper circulating in the locality.

(2)  At the commencement of the exhibition of a development application, notice of the exhibition must be given to the owner of land adjoining the land to which the application relates.

cl 16: Subst 23.4.1993. Am 22.11.2002.

17 (Repealed)

cl 17: Rep 2006 (289), Sch 1.16.

18 Acquisition of land—Zones Nos 9 (a), 9 (b), 9 (c) and 9 (d)

Note—

Nothing in this clause is to be construed as requiring a public authority to acquire land—see section 27 (3) of the Act.

(1)  The owner of land within Zone No 9 (a), 9 (b), 9 (c) or 9 (d) may, by notice in writing, require:

(a)  in the case of land within Zone No 9 (a), 9 (c) or 9 (d)—the council, or

(b)  in the case of land within Zone No 9 (b)—the Roads and Traffic Authority, or

(c)  in the case of land within Zone No 9 (e)—the Corporation,

to acquire the land.

(2)  On receipt of a notice referred to in subclause (1) relating to land within Zone No 9 (a), 9 (c) or 9 (d), the council must acquire the land.

(3)  On receipt of a notice referred to in subclause (1) relating to land within Zone No 9 (b), the Roads and Traffic Authority must acquire the land if:

(a)  the land is vacant, or

(b)  the land is not vacant, but:

(i)  the land is included in a 5 year works program of the Authority or such other works program of the Authority as has been publicly notified by the Authority, or

(ii)  the Authority has decided not to give concurrence to an application for consent to the carrying out of development on the land, or

(iii)  the Authority is of the opinion that the owner of the land will suffer hardship if the land is not acquired within a reasonable time,

but the Authority is not required to acquire the land if it might reasonably be required to be dedicated under section 94 of the Act as a condition of consent to a development application.

(3A)  On receipt of a notice referred to in subclause (1) relating to land within Zone No 9 (e), the Corporation shall acquire the land, but the Corporation is not required to acquire the land if it might reasonably be required to be dedicated under section 94 of the Act as a condition of consent to a development application.

(4)  A person may, with the consent of the council, carry out development on land within Zone No 9 (b), not being land that is included in a works program referred to in subclause (3) (b) (i), for a purpose for which development may be carried out on land in an adjoining zone.

(5)    (Repealed)

(6)  Land acquired under this clause may be developed, with the consent of the council, for any purpose, until such time as it is required for the purpose for which it is acquired.

(7)  In this clause:

vacant land means land on which, immediately before the day on which a notice under subclause (1) is given, there were no buildings, other than fences, greenhouses, conservatories, garages, summer houses, private boat houses, fuel sheds, tool houses, cycle sheds, aviaries, milking bails, hay sheds, stables, fowl houses, pig sties, barns or the like.

cl 18: Am 10.7.1992; 2005 No 64, Sch 2.76 [1] [2]; 2008 (571), Sch 3.192 [1]–[4].

18A Buildings and works in Zone No 9 (e)

(1)  Except as provided by subclause (3), a person shall not, on land within Zone No 9 (e), erect any building or carry out or alter any work which, in the opinion of the council, is of a permanent character or make or alter any excavation which, in the opinion of the council, is of a permanent character (not being a building or a work of a permanent character or a permanent excavation required for, or incidental to, the purpose for which the land is zoned).

(2)  A person shall not carry out any development on land within Zone No 9 (e) so as to render it unfit for the purpose for which it is reserved.

(3)  Nothing in this clause shall operate to prohibit the erection of a fence on land within Zone No 9 (e) or the erection or construction on the land, with the consent of the council, of any utility installation.

cll 18A: Ins 10.7.1992.

18B Assessment of development in Zone No 9 (e)

(1)  The council shall not consent to the carrying out of development on land within Zone No 9 (e) unless in addition to those matters listed in section 90 of the Act, it has made an assessment of:

(a)  the extent to which the land will be disturbed or modified by works and vehicular access associated with the development,

(b)  the extent to which the land has been previously disturbed or modified with particular regard to:

(i)  weed infestation,

(ii)  drainage,

(iii)  clearing, and

(iv)  construction,

(c)  the adequacy of measures to safeguard and rehabilitate the environment,

(d)  whether consideration has been given to an alternative site for the development,

(e)  whether consideration has been given to an alternative method of carrying out the development,

(f)  whether adequate measures have been or will be taken with respect to the proper disposal of sewage, and

(g)  land capability and soil erosion hazard.

cll 18B: Ins 10.7.1992.

19 Suspension of certain laws etc

(1)  For the purpose of enabling development to be carried out in accordance with this plan (as in force at the time the development is carried out) or in accordance with a consent granted under the Act, the operation of any agreement, covenant or instrument which purports to impose restrictions on the carrying out of development on land to which this plan applies, to the extent necessary to serve that purpose, shall not apply to any such development.

(2)  Pursuant to section 28 of the Act, before making this plan, the Governor approved of subclause (1).

20 Development within proclaimed mine subsidence district

(1)  This clause applies to land situated within an area which has been proclaimed as a Mine Subsidence District under section 15 (1) of the Mine Subsidence Compensation Act 1961.

Note—

Nothing in this clause affects any requirement under the Mine Subsidence Compensation Act 1961.

(2)    (Repealed)

(3)  In deciding whether consent should be granted to development on land to which this clause applies, the council must take into consideration:

(a)  the potential use of the land for mining purposes, and

(b)  whether coal resources will be sterilised by the proposed development and the measures, if any, to be taken to prevent that sterilisation, and

(c)  whether conditions to prevent the surface effects of mine subsidence should be imposed on the granting of consent to the carrying out of the development, and

(d)  whether granting concurrence to the carrying out of the development is likely to encourage development applications which, if granted, would be likely to sterilise coal resources.

cl 20: Am 2008 (571), Sch 3.192 [5]–[7].

21 Retailing of bulky goods in industrial zones

(1)  This clause applies to land within Zone No 4 (a).

(2)  In this clause, bulky goods means large goods which are, in the opinion of the council, of such a size and shape as to require:

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

(b)  easy and direct vehicular access to enable the goods to be collected by customers after sale.

(3)  Subject to subclauses (4) and (5), nothing in this plan shall prevent a person, with the consent of the council, from carrying out development for the purpose of retailing bulky goods on land to which this clause applies.

(4)  The council shall not consent to an application for consent to the carrying out of development for the purpose of retailing bulky goods on land to which this clause applies unless it is satisfied that:

(a)  suitable land for the development is not available in any nearby business centre, and

(b)  to grant consent would not, by reason of the number of retail outlets which exist or are proposed on land within Zone No 4 (a), defeat the predominantly industrial nature of the zone, and

(c)  the proposed development will not detrimentally affect the viability of any business centre.

(5)  This clause does not apply to development for the purposes of shops selling food or clothing or development for the purposes of produce stores.

22 Supply of services in Zones Nos 2 (a), 2 (d), 4 (a) and 4 (c)

Notwithstanding any other provision of this plan, no development shall be carried out on an allotment of land within Zone No 2 (a), 2 (d), 4 (a) or 4 (c) unless the council is satisfied that a water supply can be provided to the allotment.

cl 22: Am 2008 (571), Sch 3.192 [8].

23 Development for certain additional purposes

(1)  Nothing in this plan prevents a person, with the consent of the council, from carrying out development on the land referred to in Schedule 5 for a purpose specified in relation to that land in that Schedule, subject to the conditions, if any, as are so specified.

(2)  Subclause (1) does not affect the application, to or in respect of development to which that subclause applies, of such of the provisions of this plan as are not inconsistent with that subclause or with a consent granted by the council in respect of the development.

24 Exhibition homes

(1)  A dwelling erected on land within Zone No 1 (a1), 1 (a2), 1 (a3), 1 (c1) (i), 1 (c1) (ii), 1 (c1) (iii), 1 (c2), 2 (a), 2 (d) or 7 (d) may, with the consent of the council, be used as an exhibition home.

(2)  The council may impose, as a condition of its consent under subclause (1) to the use of a dwelling as an exhibition home, a limit on the period during which the dwelling may be so used.

cl 24: Am 6.8.1999.

25 Produce stores

(1)  A person shall not erect or use a building for the purposes of a produce store on an allotment of land within Zone No 1 (a1), 1 (a2) or 1 (a3), if the allotment is less than 800 metres from any other allotment of land on which is erected a shop, general store or produce store.

(2)  A person shall not, on land within Zone No 1 (a1) or 1 (a2), erect or use a building for the purposes of a produce store closer to the alignment of a road than the building line fixed in respect of any adjoining premises or, where no such building line has been fixed, closer to such alignment than the distance generally applying in respect of other premises having frontage to that road.

26 Community use of school facilities and sites

(1)  This clause applies to land within Zone No 5 (a) designated for use for the purposes of schools, colleges and other educational institutions.

(2)  Where land to which this clause applies is used for the purposes of an educational establishment, the facilities of the establishment may, with the consent of the council, be used for the purposes of meeting rooms, public halls, public libraries, art galleries, sport or recreation, or for any other community purpose, whether or not any such use is a commercial use of the land.

27 Tree preservation

A tree preservation order made and in force under this plan immediately before the appointed day shall be deemed to be a tree preservation order made by the council under clause 8 of the Environmental Planning and Assessment Model Provisions 1980 and may be rescinded or varied by the council in accordance with that clause.

28 Setbacks from arterial roads

(1)  This clause applies to land within Zone No 1 (a1), 1 (a2), 1 (a3), 1 (c2), 5 (c1) or 5 (c2).

(2)  In this clause:

development does not include development for the purposes of access roads or landscaping or subdivision.

narrow road means an arterial road less than 40 metres wide.

wide road means an arterial road at least 40 metres wide.

(3)  Development of land with a frontage to a wide road for a purpose specified in Column 1 of the Table to this clause shall be set back at least the distance specified opposite that purpose in Column 2 of that Table.

(4)  Development of land with a frontage to a narrow road for a purpose specified in Column 1 of the Table to this clause shall be set back at least the distance specified opposite that purpose in Column 3 of that Table.

Column 1	Column 2	Column 3
Purpose	Distance in metres from adjacent wide road boundary	Distance in metres from adjacent narrow road boundary
Bulk store, caravan park, cemetery, drive-in theatre, hotel, motel, retail plant nursery, recreation establishment or facility, roadside stall, veterinary establishment, warehouse.	50	70
Industry (other than an offensive or hazardous industry).	30	50
Junk yard, offensive or hazardous industry, timber yard, transport terminal, waste depot.	400	420
Any other purpose.	20	40

29 Development along arterial roads

(1)  The council shall not consent to an application for consent to carry out development on land which has frontage to an arterial road unless:

(a)  access to that land is provided by a road other than the arterial road, wherever practicable, and

(b)  in the opinion of the council, the safety and efficiency of the arterial road will not be adversely affected by:

(i)  the design of the access to the proposed development,

(ii)  the emission of smoke or dust from the proposed development, or

(iii)  the nature, volume or frequency of vehicles using the arterial road to gain access to the proposed development.

(2)  The council shall not consent to the carrying out development on:

(a)  an allotment of land within Zone No 1 (a1), 1 (a2) or 1 (a3), for the purposes of a bulk store, drive-in theatre, general store, junk yard, offensive or hazardous industry, produce store, recreation area, retail plant nursery, roadside stall, timber yard, transport terminal, veterinary establishment, warehouse or waste depot, or

(b)  an allotment of land within Zone No 1 (c1) (i), 1 (c1) (ii), 1 (c1) (iii) or 1 (c2) for the purposes of a research establishment, or retail plant nursery, or

(c)  an allotment of land within Zone No 5 (c1) or 5 (c2) out for the purposes of a roadside stall,

where the carrying out of that development will have the effect of creating direct access for vehicles to an arterial road or to a road having a junction with an arterial road less than 90 metres from a junction with an arterial road.

30 Heritage items

(1)  A person must 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 must 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 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).

cl 30: Am 2008 (571), Sch 3.192 [9].

31 Development in the vicinity of heritage items

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

32 Heritage conservation areas

(1)  A person must not, in respect of a heritage conservation area:

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

(b)  damage or move a relic within the area, or

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

(d)  damage or despoil a place within the area, or

(e)  erect a building on or subdivide land within the area,

except with the consent of the council.

33 Heritage advertisements and notifications

(1)  Except as provided by this clause, the provisions of sections 84, 85, 86, 87 (1) and 90 of the Act apply to and in respect of:

(a)  the demolition of a heritage item, and

(b)  the demolition of a building work, relic or place within a heritage conservation area, and

(c)  the use of a building or land for a purpose which, but for clause 35, would be prohibited under this plan,

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

(2), (3)    (Repealed)

(4)  This clause does not apply to the partial demolition of a heritage item or of a building or work within a heritage conservation area if, in the opinion of the council of the partial demolition will be of a minor nature and will not adversely affect the heritage significance of the heritage item, building or work in relation to the environmental heritage of the land to which this plan applies.

cl 33: Am 2008 (571), Sch 3.192 [10].

34 Provisions relating to heritage items covered by a conservation instrument

Clauses 30, 32 and 33 shall not apply where the building, work, relic or place that is a heritage item or is within a heritage conservation area is the subject of a conservation instrument within the meaning of, and made pursuant to, the Heritage Act 1977.

35 Conservation incentives

(1)  Nothing in this plan prevents the council from granting consent to an application for consent to:

(a)  the use, for any purpose, of a building that is a heritage item or the land on which the building is erected, or

(b)  the use, for any purpose, of a building within a heritage conservation area or of the land on which the building is erected,

if it is satisfied that:

(c)  the proposed use would have little or no adverse effect on the amenity of the area, and

(d)  the conservation of the building depends on the council granting consent as provided by this clause.

(2)  When considering an application to erect a building on land on which there is situated a building which is a heritage item, the council may:

(a)  for the purposes of determining the floor space ratio, and

(b)  for the purposes of determining the number of parking spaces to be provided on the site, exclude from its calculation of the floor space of the buildings erected on the land the floor space of the item, but only if the council is satisfied that the conservation of the building depends upon the council making that exclusion.

36 Land subject to bushfire hazards

The council shall not consent to subdivision of or to the erection of a building on the land to which this plan applies which, in the opinion of the council is subject to bushfire hazards, unless it has made an assessment of:

(a)  whether adequate provision has been made for access to the land for fire fighting vehicles, fire breaks, reserves and fire radiation zones, and

(b)  in the case of a subdivision of land, whether the depth of any allotments to be created by the subdivision which would adjoin a perimeter road is adequate, and

(c)  the design of any proposed dwelling-house in relation to bushfire hazard.

37 Development near boundary of adjacent zones

(1)  Subject to subclause (2), development which is permitted within a zone may, with the consent of the council, be carried out on land in an adjacent zone other than Zone No 6 (a), 6 (b), 7 (a), 7 (b), 8 (a) or 9 (d) within 20 metres of the boundary between the zones.

(2)  The council may grant consent under the Act to the carrying out of development pursuant to subclause (1) only where the carrying out of the development is necessary, in the opinion of the council, due to planning, design, servicing or similar requirements relating to the optimum development of land to which this plan applies.

38 Assessment of the impact of development adjacent to Zone No 9 (e)

The council shall, when considering an application to carry out development on land adjacent to land within Zone No 9 (e), make an assessment of the impact of that development on the aesthetic, historical, natural, scenic and scientific attributes of the land within that zone.

cl 38: Ins 10.7.1992.

39 Classification and reclassification of public land as operational land

(1)  The public land described in Schedule 6 is classified, or reclassified, as operational land for the purposes of the Local Government Act 1993, subject to this clause.

(2)  Land described in Part 1 of Schedule 6 is not affected by the amendments made by the Local Government Amendment (Community Land Management) Act 1998 to section 30 of the Local Government Act 1993.

(3)  Land described in Part 2 of Schedule 6:

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

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

(4)  Land described in Columns 1 and 2 of Part 3 of Schedule 6, to the extent (if any) that it is a public reserve, ceases to be a public reserve on the commencement of the relevant amending plan and, by the operation of that plan, is discharged from all trusts, estates, interests, dedications, conditions, restrictions and covenants affecting the land or any part of the land except:

(a)  those (if any) specified for the land in Column 3 of Part 3 of Schedule 6, and

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

(c)  reservations of minerals (within the meaning of the Crown Lands Act 1989).

(5)  In this clause, the relevant amending plan, in relation to land described in Part 3 of Schedule 6, means the local environmental plan that inserted the land description in that Part.

(6)  Before the relevant amending plan inserted a description of land into Part 3 of Schedule 6, the Governor approved of subclause (4) applying to the land.

cl 39: Ins 27.12.1996. Subst 2006 (396), Sch 1 [2].

40 Temporary use of land

(1)  Regardless of any other provision of this plan, the council may grant consent to the temporary use of any land within Zone No 1 (a), 1 (a1), 1 (a2), 1 (a3), 1 (b), 1 (c1) (i), 1 (c1) (ii), 1 (c1) (iii), 1 (c2), 2 (a), 2 (d), 3 (a), 4 (a), 4 (c), 5 (a), 5 (b), 6 (a), 6 (b), 9 (a), 9 (b), 9 (c), 9 (d) or 9 (e) for any purpose (but not for designated development) for a maximum period of 12 days, whether consecutive or non-consecutive, in any one year.

(2)  In determining whether to grant consent as referred to in subclause (1), the council shall take into consideration:

(a)  the protection of the environment and the amenity of the locality during and immediately after the proposed use,

(b)  whether appropriate arrangements will be made for the provision of utility services, vehicular and pedestrian access, parking and restoration of the site to the condition prevailing immediately before the proposed use, and

(c)  whether the period for the proposed use is the shortest period that is reasonable in the circumstances.

(3)  However, the Council is not to grant consent to a temporary use of land that would require the permanent alteration of the land, the filling of land, the removal of native vegetation or alteration to a heritage item.

cl 40: Ins 11.12.1998.

41 Development of certain land, Remembrance Driveway, Camden Park

(1)  This clause applies to “Camden Park Urban Release Area”, meaning the land consisting of Lots 1 and 2, DP 551376 and Lots 2, 3, 4 and 5, DP 233005.

(2)  The council shall not consent to any development until it has approved a development control plan that contains comprehensive provisions relating to the subdivision of, building on and the landscaping of, the land to which this clause applies and includes details about colours of, and materials to be used in the exteriors of buildings, trees to be retained plantings to be made, fencing and the position of building envelopes and access roads.

(3)  The council shall not consent to the subdivision of so much of the land to which this clause applies within Zone No 1 (c1) (iii) or 2 (a), as is shown edged heavy black on the map marked “Wollondilly Local Environmental Plan 1991 (Amendment No 37)” unless the site is capable of being serviced by a reticulated sewerage system.

(4)  The council shall not consent to residential development on land the surface of which is or, after any proposed filling has been carried out, will be below the 1 percent annual event probability post-mining flood level (which is taken to be 72.6 metres AHD), unless the council is satisfied that a different flood level should apply.

(5)  The council shall not consent to residential development if the floor level of any habitable part of a residential building resulting from the carrying out of the development will be less than the height above that flood level that is considered by the council as adequate to avoid any adverse effect from flooding.

(6)  No residential development shall occur within 150 metres of the existing silage pits within the Elizabeth Macarthur Agricultural Institute, or such lesser distance from them as is identified as being potentially affected by offensive odour in an odour impact study prepared in accordance with the council’s requirements and adopted by the council.

(7)  Development for the purpose of exhibition homes or exhibition villages may be carried out with development consent on land to which this clause applies.

(8)  In this clause:

exhibition home means a dwelling built for the purposes of public exhibition and marketing which is intended to be used as a private dwelling after it has been used for those purposes and may include a sales office, and a place used for providing home financing, a materials display and the sale of take-away food, and the like.

exhibition village means a contiguous group of exhibition homes and other buildings or works used for the purpose of promoting house sales including sales offices, and places used for providing home financing, a materials display and the sale of take-away food, and the like.

cl 41: Ins 24.11.2000.

42 Requirements relating to subdivision of certain land at Thirlmere Way Picton

(1)  This clause applies to Lot 2 DP 60944 and Lot 1 DP 729601, Thirlmere Way, Picton, as shown edged heavy black on the map marked “Wollondilly Local Environmental Plan 1991 (Amendment No 25)”.

(2)  The council must not consent to the subdivision of land to which this clause applies unless:

(a)  arrangements satisfactory to the council have been made for the disposal of sewage through a sewage treatment plant located on Lot 6 DP 19 and Lot B DP 931915, and

(b)  the council has been provided with a geotechnical report that addresses:

(i)  the availability of an accessible building platform on each allotment to be created by the subdivision, and

(ii)  the design of all engineering civil works, and

(c)  each such allotment is provided with a building platform, and

(d)  the council is satisfied that an integrated system of waste water management will be implemented and maintained in respect of the land, and that water discharges and run off will maintain or improve existing levels of water quality.

cl 42: Ins 6.4.2001.

43 Remediation of land—Margaret Street, Picton

(1)  This clause applies to Lot 1, DP 790292, Margaret Street, Picton, as shown edged heavy black on the map marked “Wollondilly Local Environmental Plan 1991 (Amendment No 42)”.

(2)  A person must not carry out development (other than remediation work) on the land to which this clause applies until contamination of the land has been remediated in accordance with State Environmental Planning Policy No 55—Remediation of Land.

cl 43: Ins 26.10.2001.

45 Development of unsewered land

The council must not consent to the carrying out of development on unsewered land unless the applicant demonstrates that the land is capable of supporting the development having regard to the capability of the soil for effluent disposal and buffer distances to watercourses and drainage depressions.

cl 45: Ins 22.11.2002.

46 Development of certain land at Appin Road, Appin

(1)  This clause applies to Lot D, DP 162904, Lot 12, DP 752012, Lots 1 and 2, DP 598534, Lots 1 and 2, DP 819972 and Lot 100, DP 555116, Appin Road, Appin, as shown edged heavy black on the map marked “Wollondilly Local Environmental Plan 1991 (Amendment No 59)”.

(2)  Despite any other provision of this plan, a person may, with the consent of the council, carry out development on land within Zone No 2 (a) (Residential “A” Zone) or Zone No 7 (f) (Environmental Protection “F” (Biodiversity Conservation) Zone) for the purpose of the underground extraction of coal and other minerals.

(3)  The council must not consent to the subdivision of land within Zone No 2 (a) (Residential “A” Zone) unless arrangements satisfactory to the council have been made for the provision of water supply and reticulated sewerage services to the land.

(4)  The council must not consent to the subdivision of the land within Zone No 2 (a) (Residential “A” Zone) or the erection of any residential building on that land unless it is satisfied that the underground extraction of coal and other minerals and the effects of subsidence are complete.

(5)  The council must not consent to the subdivision of land to which this clause applies that will create a lot with an area of less than 40 hectares unless the Director-General has certified in writing to the consent authority that satisfactory arrangements have been made for contributions to the provision of regional transport infrastructure and services in relation to the land comprising that lot.

(6)  The object of contributions referred to in subclause (5) is to require assistance towards the provision of regional transport infrastructure and services to satisfy needs that will arise from urban development of land to which this clause applies.

(7)  The reference in subclause (5) to a lot of less than 40 hectares does not include a reference to any such lot that is:

(a)  identified in the certificate of the Director-General as a residue lot, or

(b)  proposed in the development application to be reserved or dedicated for public open space, public roads, public utilities, educational facilities or any other public purpose.

(8)  This clause does not apply to a subdivision of land for the purpose of rectifying an encroachment on any existing allotment.

(9)  State Environmental Planning Policy No 1—Development Standards does not apply to development to which this clause applies.

(10)  Nothing in this clause permits the subdivision of land or the erection of residential buildings in a zone other than Zone No 2 (a) (Residential “A” Zone).

cl 46: Ins 2006 (807), Sch 1 [4]. Am 2008 (571), Sch 3.192 [11].

47 Telecommunications facilities

The council may consent to the carrying out of development for the purpose of a telecommunications facility, but only if it is satisfied that:

(a)  the development meets current and future needs for competitive telecommunications facilities in the locality, and

(b)  the visual impact of the facility will be minimal, either by design, appearance, screening, location, colour, finish or scale, and

(c)  the technical and practical co-location with other existing or future utilities has been fully assessed, and

(d)  the facility will be designed, installed and operated to comply with national codes and standards relating to human exposure to electromagnetic energy, and

(e)  the disturbance to existing vegetation will be minimal, and

(f)  the facility will have minimal impact on the immediate adjoining residents or landowners.

cl 47: Ins 4.6.2004.

48 Limitations on development within Zone No 2 (e)

A development control plan relating to land within Zone No 2 (e) may recommend restrictions on specific types of development allowed with consent on the land.

cl 48: Ins 2005 (575), Sch 1 [6].

49 Environmentally significant land

(1)  This clause applies to all land shown on the environmentally significant land map with diagonal hatching and specified in Schedule 7.

(2)  The objectives of designating land as environmentally significant land and for development of that land are as follows:

(a)  to identify environmentally significant land, and

(b)  to maintain biodiversity, and

(c)  to retain and enhance the natural functions of riparian corridors, and

(d)  to provide for controlled pedestrian and bicycle access to, and sensitively integrated fire trails on, such land, and

(e)  to allow for controlled recreational uses having regard to environmentally significant values of the land, and

(f)  to protect items and places of Aboriginal heritage significance, and

(g)  to enable the appropriate location on such land of gas drainage infrastructure required for underground coal mining, having regard to environmentally significant values of the land, and to ensure that such infrastructure is designed in accordance with industry best practice guidelines, where existing.

(3)  Before granting consent to the carrying out of development on land to which this clause applies, the consent authority must be satisfied that the development:

(a)  would substantially retain existing vegetation, and

(b)  would not adversely affect to a significant extent:

(i)  the ecological value of the existing bushland vegetation, or

(ii)  native fauna, or

(iii)  the scenic qualities of the locality.

(4)  Before granting consent to the carrying out of development on land to which this clause applies, the consent authority must consider whether:

(a)  the locality has high biological diversity, and

(b)  the locality contains:

(i)  a disjunct population of native species or a species that is near the limit of its geographic range, or

(ii)  riparian vegetation, or

(iii)  vegetation associated with wetlands, and

(c)  the land has connective importance as, or as part of, a corridor of bushland forming a connection that allows for the potential passage of species of flora or fauna between two or more areas of bushland, and

(d)  the vegetation is adequately represented on land in the general locality, and

(e)  the land is important as a site along a migratory route for wildlife, and

(f)  the land functions as an important drought refuge for wildlife, and

(g)  clearing of the land would be likely to contribute significantly to:

(i)  soil erosion, or

(ii)  salinisation of soil or water, or

(iii)  acidification of soil, or

(iv)  landslip, or

(v)  deterioration in the quality of surface or ground water, or

(vi)  increased flooding, or

(h)  there is any need to conserve all or some of the bushland because:

(i)  of its unusually good condition or its significance as a sample of its type, or

(ii)  the development will increase the perimeter of the bushland, and so the ratio of the boundary to the area of the bushland, making it more vulnerable to negative impacts, or

(iii)  there is an archaeological site that has Aboriginal heritage significance on the land.

(5)    (Repealed)

cl 49: Ins 2005 (575), Sch 1 [6]. Am 2008 (571), Sch 3.192 [12].

50 Development of certain land, Lot 101 DP 1045369 and Lot 6 DP 836296, Wilton

Schedule 8 has effect with respect to land at Wilton Park described in that Schedule.

cl 50: Ins 2005 (575), Sch 1 [6].

51 Development of certain land at Marsh Road, Silverdale

(1)  This clause applies to Lots 1 and 2, DP 588912, Marsh Road, Silverdale, as shown edged heavy black on the map marked “Wollondilly Local Environmental Plan 1991 (Amendment No 71)”.

(2)  The consent authority must not consent to a subdivision of land to which this clause applies that will create a lot with an area of less than 40 hectares unless the Director-General has certified in writing to the consent authority that satisfactory arrangements have been made for contributions to the provision of regional transport infrastructure and services in relation to the land comprising that lot.

(3)  The object of subclause (2) is to require assistance towards the provision of regional transport infrastructure and services to satisfy needs that will arise from urban development of land to which this clause applies.

(4)  The reference in subclause (2) to a lot of less than 40 hectares does not include a reference to any such lot that is:

(a)  identified in the certificate of the Director-General as a residue lot, or

(b)  proposed in the development application to be reserved or dedicated for public open space, public roads, public utilities, educational facilities or any other public purpose.

(5)  The consent authority must not consent to a subdivision of land to which this clause applies unless it has considered the following:

(a)  the protection of water quality in, and the ecological integrity of, any special area in the vicinity of that land,

(b)  the security of any special area in the vicinity of that land,

(c)  whether the subdivision and any future development of the land will adversely affect the operation of the adjacent Sydney Water Catchment Authority helipad.

(6)  This clause does not apply to a subdivision of land for the purpose of rectifying an encroachment on any existing allotment.

(7)  State Environmental Planning Policy No 1—Development Standards does not apply to development to which this clause applies.

(8)  This clause has effect despite any other provision of this plan.

(9)  In this clause, special area has the same meaning as in the Sydney Water Catchment Management Act 1998.

cl 51: Ins 2007 (104), Sch 1 [2].

Schedule 1 Heritage items

(Clause 6)

sch 1, hdg: Am 2005 (575), Sch 1 [7].

APPIN

1 Former Weatherboard Shop (now house); lot 8 Section 1 No 20 Appin Road.

2 Schoolmasters Residence; Appin Public School, Appin Road.

3 Stone Cottage; lot 4 DP 235986 Appin Road.

4 St Bedes Roman Catholic Church and Graveyard; lot 1 DP 227868 King Street.

5 Former Courthouse; lot 9 Section 3 Corner Appin Road and Toggerai Streets.

6 Northamptondale Group House, Trees, Slab, Farm Outbuildings; lot 2 DP 594207 Brookes Point Road.

7 Windmill Hill House Ruin; part lot 2 DP 510762 Wilton Road.

8 Elladale; lot 101 DP 790844 Brookes Point Road.

9 Appin Inn Site; lot 2 DP 529457 Appin Road.

10 Site of Darcy’s House; lots 1 and 2 DP 594426 Appin Road.

11 Broughtons Pass Weir.

12 Cataract Dam.

13 Former St Marks Rectory; lot 27 DP 747041 Toggerai Street.

14 St Marks Anglican Church and Graveyard; lots 19 and 20 Section 3 Church Street.

15 “Upper Canal” Water Supply System.

BARGO

1 Wirrimbirra Sanctuary; lot 1 DP 789005, lots 18, 19, part lot 32, lots 33 and 203 DP 751250 Remembrance Driveway.

2 Bargo Railway Bridge south of Railway Station; Tylers Road.

3 Bargo Railway Bridge north of Railway Station; Wellers Road.

4 Hotel Bargo; lots 7 and 8 DP 9024 Southern Road.

5 Bargo Railway Station.

6 Bargo Railway Viaduct.

7 Old Coomeroo Homestead and Silo; lot 46 DP 751250 Southern Road.

8 Hawthorne; lot 232 DP 613595 Hawthorne Road.

9 Bargo Cemetery; Southern Road.

BUXTON

1 Buxton Primary School; lots 18 to 31 and 48 to 57 section 6 DP 2444 Wallaroo Road and Norwood Road.

2 Buxton House; lot 50 to 54 section 4 DP 2444 Corner East Parade and Matcham Road.

CAMDEN

1 Camden Valley Inn; lot Y DP 408826 Remembrance Driveway.

2 Brownlow Hill Group: Houses, Aviary, Garden, Roundhouse, Stables and Trees; lot 2 DP 569408 and lot 1 DP 614348 Brownlow Hill Loop Road.

3 Camden Park Estate Group: Lots 1 and 2, DP 213696, the land included in Permanent Conservation Order No 341, being the curtilage of the building known as “Camden Park”, Menangle; Former Camden Park Gatelodge, Lot 1, DP 168893; Macquarie Monument near Barragal Lagoon, Lot 1, DP 168893; 3 Cottages on ridge above the orchard, Lot 11, DP 531897; 3 Cottages on slope above the orchard, Lot 11, DP 531897; Orchard site including Camellia Garden, trees, piggery and storage shed, Lot 11, DP 531897; Cottage, Dairy and Hayshed at Dairy No 8 on western boundary adjacent to Remembrance Driveway, Lot 11, DP 531897; Cottage, Dairy and Feed Stalls at Dairy No 9, on western boundary adjacent to Remembrance Driveway, Lot 11, DP 580654; and Cottage, Dairy, Feed Sheds and Silos at Dairy No 4, on southern boundary adjacent to Woodbridge Road, Lot 1, DP 168893.

4 Aboriginal scarred trees on Lots 2, 3 and 5, DP 233005 and Lot 1, DP 551376 (Camden Park).

CAWDOR

1 Methodist Church Group: Church, Cemetery, Parsonage; part lot 12 DP 531898 Cawdor Road—undescribed lot, Cawdor Road and Parsonage—Pt lot 12 DP 531898 Cawdor Road.

2 Cawdor Village Group: church, house and slab shed, trees, school and school residence; part lot 10 DP 751265 Cawdor Road.

3 Cawdor Creamery Site; part lot 12 DP 531898, Cawdor Road.

4 Slab Hut and trees; lot 1 DP 180644 No 470 Cawdor Road.

5 House, Slab House and Hayshed; part lot 1 DP 5995 Cawdor Road.

COURIDJAH

1 Thirlmere Pumping Station; Thirlmere Lakes National Park.

2 Couridjah Railway Station.

3 Stone culvert under Former Loop Line 750m north of Couridjah Station.

DOUGLAS PARK

1 Mountbatten Group: house, chapel, and garden building; lot 2 DP 576136 and lot A DP 421246 Duggan Street.

2 St Mary’s Towers; lot 1 DP 250359 Mt Keira Road.

GLENMORE

1 Uniting Church Group: church, cemetery, and trees; lot 3 DP 778482 Moores Way.

2 Robert Moore’s house; lot 1 DP 584283 Moores Way.

3 Glenmore House; lot 1 DP 778482 Moores Way.

4 Former Schoolhouse; lot 21 DP 263003 Moores Way.

MALDON

1 Suspension Bridge (Nepean River).

MENANGLE

1 Menangle Railway Viaduct.

2 Menangle Railway Station.

3 Camden Park Estate Central Creamery; lot 2 DP 581462 Station Street.

4 Camden Park Rotolactor; lot 201 DP 590247 Station Street.

5 St Patrick’s Roman Catholic Church; lot 100 DP 790213 Menangle Road.

6 Menangle Store; lot 8 DP 531899 Menangle Road.

7 Gilbulla (Anglican Conference Centre); lot A DP 407248 and DP 370921 Moreton Park Road.

8 St James Anglican Church; DP 306367 and R.O.W. T and G A936648 of lot 17 DP 251588 Menangle Road.

MOUNT HUNTER

1 Mount Hunter Creamery; lot 15 DP 935994 Burragorang Road.

MOWBRAY PARK

1 Mowbray Park Group: gatehouse, group of buildings; part lot 1 DP 772643 Barkers Lodge Road.

2 Wellington Park Iceworks site; part lot 133 DP 751287 and part DP 64676 Rays Lane.

OAKDALE

1 Oakdale Timber Mill; lot 2 DP 598732 Mill Road.

2 Oakdale Winery Cottage; lot 10 DP 264139 Burragorang Road.

PICTON

1 Rogers Stone Cottage; lots 9 and 10 Section 7 Argyle Street.

2 James Cottage; lot DP 58853 Argyle Street.

3 Former Fairley Residence; lot 9 DP 58853 Argyle Street.

4 Redbank Uniting Church; part lot 9 and lot 10 Section 2 Corner Thirlmere Way and Argyle Street.

5 Abbotsford Group: house, cottage and brick outhouse, underground water storage tank, trees and garden; part lot 1 DP 207960 Oaks Road.

6 St Marks Anglican Church, Cemetery and Gardens; lots 7 and 8 Section 1, DP 939379 Menangle Street west.

7 Victorian House; lot 18 Section 2 DP 939379 Menangle Street west.

8 Larkin Cottage; lot 1 DP 742569 No 1 Elizabeth Street.

9 Larkin Cottage; lots 2 and 3 Section 13 DP 939379 No 5 Elizabeth Street.

10 Koorana Group: house and trees; lot 2 DP 207443 Remembrance Driveway.

11 Old Shire Hall; lot 2 DP 580175 Menangle Street.

12 Stonequarry Creek Bridge Piers; Argyle Street.

13 Wendover House; lot B DP154331 No 83 Menangle Street.

14 Courthouse; lot 5 DP 151904 Argyle Street.

15 Jarvisfield Group: house and barn; lot 2 DP 789555 Remembrance Driveway.

16 Vault Hill Cemetery; undescribed lot Remembrance Driveway.

17 Razorback Inn; part lot 146 DP 751287 Remembrance Driveway.

18 George IV Inn; lot A DP 366865 Argyle Street.

19 Railway Bridge (hole in the wall); Argyle Street.

20 Former Gatehouse; lot 1 DP 85000 Argyle Street.

21 Picton Loopline Level Crossing Site; Railway lands adjacent to former Gatehouse, Argyle Street.

22 Picton Mainline Railway Loop and Tunnel.

23 Former Mainline Railway Tunnel (Mushroom Tunnel).

24 Redbank Range Railway Tunnel.

25 Former Hotel Picton (now Pheasants Kitchen Restaurant); lot 1 DP 155642 corner Argyle Street and The Oaks Road.

26 Furniture Store; lot 1 and 2 DP 563577 Menangle Street.

27 Stonequarry Creek Quarry Site.

28 House; lot 15 Section 4 DP 192895 No 87 Menangle Street.

29 Former CBC Bank; part lot 2 Section 4 DP 192895 Argyle Street.

30 Former Coachhouse; part lot 2 Section 4 DP 192895 Argyle Street.

31 Post Office; part lot 1 corner Argyle and Menangle Streets.

32 Anglican Rectory; undescribed lot No 99–103 Argyle Street.

33 House; part lot 1 Section 11 DP 939379 No 49 Argyle Street.

34 House; lot 1 DP 742840 No 51 Argyle Street.

35 House; lot 9 DP 111356 No 53 Argyle Street.

36 Macquarie House; lot 8 Section 9 DP 939379 No 55 Argyle Street.

37 House; lot 6 Section 10 DP 939379 No 42 Argyle Street.

38 Picton Urban Conservation Area.

RAZORBACK

1 Wooden Mile Post; lot 101 DP 773131 Razorback Road.

2 Mt Hercules Group: house, slab barns, trees; lot 12 DP 112301 Mt Hercules Road.

TAHMOOR

1 Denfield Villa; lot 6 DP 597171 Remembrance Driveway.

2 Myrtle Creek bridge adjoining Remembrance Driveway.

3 Bellefield; lots 137 and 138 DP 8982 Pitt Street.

4 Stratford House; lot 2 DP 236262 Rockford Road.

5 Tahmoor House; lot 12 DP 10669 Remembrance Driveway.

6 Rockford Crossing; Remembrance Driveway at Bargo River.

7 Bunya Pine; Tahmoor Village Shopping Centre—lot 100 DP 791277 Remembrance Driveway.

THE OAKS

1 Noakes Store; lot 20 DP 939905 Corner Macintosh and John Streets.

2 Glendiver; lot 1 DP 714831 Glendiver Road.

3 St Matthews Anglican Church and Cemetery; lot 51 DP 751287 Old Oaks Road.

4 The Hermitage group: house, trees and garden, stone terracing and convict graves site; lot 1 DP 215211 Hermitage Road.

5 St Lukes Anglican Church and trees; part lot 3 Section 9 DP 975241 Merlin Street.

6 St Aloysius group: Church, Presbytery, Convent and small schoolhouse; lots 2–7 Section 1 DP 975241 Merlin Street.

7 The Oaks Schoolhouse; lots 9, 14 and part 15 Section 5 DP 975241 and undescribed lots John Street.

THERESA PARK

1 Theresa Park Church group: church, schoolmaster’s residence and school; lot 1 DP 626656 Werombi Road.

THIRLMERE

1 Thirlmere Public School and school residence; lot 1 DP 598357 Oaks Street.

2 Thirlmere House; lot 2 DP 773135 Burns Road.

3 Queen Victoria Hospital; lot 3 DP 264150 Thirlmere Way.

4 Thirlmere Cemetery; Station Street.

5 Thirlmere Urban Conservation Area.

WALLACIA

1 Ravenwood; lot 14 DP 569961 Bents Basin Road.

2 Sarahville; lot 21 DP 567670 Bents Basin Road.

3 Charleville; lot 16 and 17 DP 546709 Bents Basin Road.

4 Blaxlands Farm; part lot D DP 339526 Silverdale Road.

5 Blaxlands Crossing; Nepean River.

WARRAGAMBA

1 Warragamba Dam Group; Ropeway Dam, Cableway, Suspension Bridge, Light Railways.

WILTON

1 Wilton Park Group: Stables, coachhouse, water tanks, stallion boxes, covered yards; lot 8 DP 243079 Wilton Park Road.

2 St Lukes Anglican Church; lots 4–6 Section 1 DP 751297 Argyle Street.

3 Pheasants Nest Weir (Nepean River).

4 Cordeaux Dam and Pumping Station.

5 Aboriginal shelter sites at Lot 101 DP 1045369 (Wilton).

YERRANDERIE

1 Former Police Station.

2 Former Courthouse.

3 Roman Catholic Church.

4 Yerranderie Silver Mining Field.

sch 1: Am 24.11.2000; 2004 No 91, Sch 2.124 [2]; 2005 (575), Sch 1 [8]; 2007 No 27, Sch 2.62.

Schedule 2

(Clause 10)

Agricultural machinery manufacture.
Aluminium products manufacture.
Asbestos cement products manufacture.
Bag and sack (textile) manufacture.
Brick, tile, pipe and pottery manufacture.
Electric machinery manufacture.
Extractive industries.
Fibrous plaster manufacture.
Fireclay products manufacture.
Glass products manufacture.
Grain milling.
Heavy engineering.
Machinery manufacture (heavy).
Match manufacture.
Metal founding.
Motor vehicle manufacture and assembly.
Offensive or hazardous industries.
Panel beating.
Sawmilling.
Steel products manufacture (heavy).
Stone cutting and crushing.
Welding (heavy).

Schedule 3 (Repealed)

sch 3: Rep 21.8.1992.

Schedule 4

(Clause 13)

The following lots, parts of lots and combinations of lots, subject to the condition that the council must be satisfied that arrangements satisfactory to the council have been made for the provision of a water supply to the land concerned:

Douglas Park

DP 1320

Section 2—lot 1, lot 2, lot 21, lot 22, lot 23.
Section 3—lot 6, lot 7, lot 8, lot 9.
Section 4—lot 1, lot 2, lot 4.
Section 6—lot 1, lot 2, Part 3 and Part 4 combined.
Section 8—part lot 5.
Section 10—lot 6, lot 7, lot 8, lot 9, lot 10, lot 11, lot 12, lot 13, lot 14, lot 15, lot 16, lot 17, lot 18, lot 19, lot 20.
Section 11—lot 1, lot 2, Part 3 and Part 4 combined, Part 5 and Part 6 combined, lot 7, lot 8.
Section 12—lot 7, lot 8.

DP 1321

lot 2, lot 3, lot 4, lot 5, lot 6, lot 7.

DP 225272

lot 54.

South Camden

DP 207290

lot 492, lot 493, lot 494, lot 513, lot 525, lot 528, lot 530.

sch 4: Am 2008 (571), Sch 3.192 [13].

Schedule 5 Development for certain additional purposes

(Clause 23)

Crown land off the Appin-Bulli Road, Wedderburn—shooting complex.

Lot 17, DP 38325, Silverdale Road, Silverdale—garaging and servicing of trucks; dwelling for use in conjunction with the garaging and servicing of trucks.

Lot 24, DP 249865, Burragorang Road and Acacia Avenue, Oakdale—motor vehicle and farm machinery repair business.

Portions 136 and 76, Parish of Burragorang, Nolans Road, Oakdale—clay target shooting club.

Lot A, DP 420110, having frontage to Remembrance Driveway and Marshall Avenue, in the vicinity of Bargo—motor vehicle repair workshop.

Lot 2, DP 210296, Russell Lane, Oakdale—veterinary establishment.

Lots 12, 13 and 14 DP 773041 fronting South Western Freeway at Pheasants Nest—highway service centre providing fuel and fast food 24 hours a day 7 days a week.

Lot 10, Section 7, Town of Picton fronting Argyle Street, Picton—production, exhibition and sale of handicrafts, pottery, art works and the like.

Lot 19, DP 233292 on the corner of Argyle Street and Camden Street, Wilton—service station.

Portion 154, Crown Land Reserve 51860, Parish of Burragorang, Steveys Forest Road, Oakdale—motor cycle scramble track for junior riders for such period of time as may be determined by the council.

Lots 108 and 124, DP 751270, West Parade, Buxton—hobby ceramics studio.

Part lot 1, DP 213596 Remembrance Driveway, Bargo—motor vehicle dismantling yard and soil and gravel yard.

Lot 10, DP 792784, Hilton Park Road, Tahmoor—cattery.

Lot C, DP 162904, and Lot A, DP 13632, (Appin Greyhound Track) Appin Road, Appin—establishment and operation of retail markets using temporary or portable stalls for buying and selling goods.

Lots 13 and 14, DP 9024, Great Southern Road, Bargo—sale of farm produce and supplies.

Lot 95, DP 210649, Fourth Street, Warragamba, as shown edged heavy black on the map marked “Wollondilly Local Environmental Plan 1991 (Amendment No 16)”—veterinary practice.

Part of Lot 21, DP 812760, Glendiver Road, The Oaks, as shown edged heavy black on the map marked “Wollondilly Local Environmental Plan 1991 (Amendment No 21)”—dwellings.

Part of Lot 11, DP 580654, Remembrance Drive, Menangle, as shown hatched on the map marked “Wollondilly Local Environmental Plan 1991 (Amendment No 31)”—the staging of outdoor agricultural events or exhibitions where there is no permanent alteration to the site and where appropriate arrangements have been made for the provision of utility services, vehicular and pedestrian access, parking and restoration of the site to the condition prevailing immediately before the carrying out of the proposed use. For the purposes of this item, “event” or “exhibition” includes trade exhibits and field days, show functions or displays, athletic carnivals and the like but does not include markets or events of a primarily retail nature.

Lots 1 and 2, DP 551376, and Lots 2, 3, 4 and 5, DP 233005, Remembrance Driveway, Camden Park—underground extraction of coal and other minerals.

Lot 6 DP 583128 and Lot 71 DP 210649, Eighteenth Street Warragamba, as shown edged heavy black on the map marked “Wollondilly Local Environmental Plan 1991 (Amendment No 49)”—Workers’ Club and associated activities.

Part Lot 2, DP 798572, Alan Street, Yerranderie, as shown edged heavy black and hatched on Sheet 2 of the map marked “Wollondilly Local Environmental Plan 1991 (Amendment No 53)”—telecommunications facility, equipment shed and solar panels.

Land in Yerranderie, West Yerranderie and Quigtown, as shown edged heavy black on Sheet 1 of the map marked “Wollondilly Local Environmental Plan 1991 (Amendment No 53)”—underground cabling associated with development on land edged heavy black and hatched on Sheet 2 of that map.

sch 5: Am 21.8.1992; 1.9.1995; 22.5.1998; 16.7.1999; 24.11.2000; 8.3.2002; 24.10.2003.

Schedule 6 Classification and reclassification of public land as operational

(Clause 39)

Part 1 Land classified, or reclassified, under original section 30 of Local Government Act 1993

Column 1	Column 2
Locality	Description
Bargo
Biara Street	Lot 15, DP 246389, as shown edged heavy black on Sheet 2 of the map marked “Wollondilly Local Environmental Plan 1991 (Amendment No 20)”.
Hogans Drive	Lot 24, DP 791621, as shown edged heavy black on Sheet 1 of the map marked “Wollondilly Local Environmental Plan 1991 (Amendment No 20)”.
Buxton
Belair Road	Lot 62, Section 10, DP 2444, as shown edged heavy black on Sheet 3 of the map marked “Wollondilly Local Environmental Plan 1991 (Amendment No 20)”.
Douglas Park
Menangle Road	Lot 3, DP 588985, as shown edged heavy black on Sheet 4 of the map marked “Wollondilly Local Environmental Plan 1991 (Amendment No 20)”.
Oakdale
Burragorang Road	Lot 23, DP 253929, as shown edged heavy black on Sheet 11 of the map marked “Wollondilly Local Environmental Plan 1991 (Amendment No 20)”.
Picton
Argyle Street	Lot 31, DP 574494, as shown edged heavy black on Sheet 6 of the map marked “Wollondilly Local Environmental Plan 1991 (Amendment No 20)”.
Argyle Street	Part of Lot 25, as shown edged heavy black on Sheet 6 of the map marked “Wollondilly Local Environmental Plan 1991 (Amendment No 20)”.
Remembrance Driveway	Lot 2, DP 789555, as shown edged heavy black on Sheet 8 of the map marked “Wollondilly Local Environmental Plan 1991 (Amendment No 20)”.
Stonequarry Place	Part of Lot 5, DP 248667, as shown edged heavy black on Sheet 5 of the map marked “Wollondilly Local Environmental Plan 1991 (Amendment No 20)”.
Wild Street	Lots 4 and 5, DP 809401, as shown edged heavy black on Sheet 7 of the map marked “Wollondilly Local Environmental Plan 1991 (Amendment No 20)”.
Razorback
Stonebrook Meadows Road	Lots 232 and 233, DP 816116, as shown edged heavy black on Sheet 12 of the map marked “Wollondilly Local Environmental Plan 1991 (Amendment No 20)”.
Thirlmere
Bridge Street	Lot 5, DP 247831, as shown edged heavy black on Sheet 10 of the map marked “Wollondilly Local Environmental Plan 1991 (Amendment No 20)”.

Part 2 Land classified, or reclassified, under amended section 30 of Local Government Act 1993 —interests not changed

Column 1	Column 2
Locality	Description
Thirlmere
Westbourne Avenue	Lot 111, DP 736213, as shown edged heavy black on Sheet 2 of the map marked “Wollondilly Local Environmental Plan 1991 (Amendment No 52)”.

Part 3 Land classified, or reclassified, under amended section 30 of Local Government Act 1993 —interests changed

Column 1	Column 2	Column 3
Locality	Description	Trusts etc not discharged
Mount Hunter
Spring Creek Road	Lot 1, DP 974402, as shown edged heavy black and hatched on Sheet 1 of the map marked “Wollondilly Local Environmental Plan 1991 (Amendment No 36)”.
Tahmoor
Abelia Street	Lots 6 and 7, SP 40957, as shown edged heavy black and hatched on Sheet 2 of the map marked “Wollondilly Local Environmental Plan 1991 (Amendment No 36)”.
Theresa Park
McKee Road	Lot 70, DP 258766, as shown edged heavy black and hatched on Sheet 3 of the map marked “Wollondilly Local Environmental Plan 1991 (Amendment No 36)”.

sch 6: Ins 27.12.1996. Am 24.9.1999; 2006 (396), Sch 1 [3]–[5].

Schedule 7 Environmentally significant land

(Clause 49 (1))

Location	Property description
Wilton Condell Park Road	Part of Lot 101, DP 1045369, known as “Wilton Park”

sch 7: Ins 2005 (575), Sch 1 [9].

Schedule 8 Special provisions for land at Wilton Park

(Clause 50)

1 Land to which Schedule applies

The provisions of this Schedule apply to Lot 101, DP 1045369, and Lot 6, DP 836296, near Wilton, as shown edged heavy black on the map marked “Wollondilly Local Environmental Plan 1991 (Amendment No 56)”.

2 Development control plan for the land

(1)  Consent must not be granted to a development application relating to the land to which this Schedule applies unless a development control plan for the land has been approved by the consent authority.

(2)  If the consent authority has not approved a development control plan for the land within 60 days after the date of publication in the Gazette of Wollondilly Local Environmental Plan 1991 (Amendment No 56), the consent authority must determine any development application made in respect of the land after the expiration of that period even though no development control plan has been approved by the consent authority.

3 Residential development

(1)  Consent must not be granted to a subdivision that creates an allotment if the consent authority is of the opinion that the allotment will be used for residential purposes unless the consent authority is satisfied that:

(a)  the allotment is capable of being serviced by a reticulated sewerage system that allows treated water to be supplied to residences for watering gardens and to any golf course within the land to which this Schedule applies for the purpose of its irrigation, and

(b)  the allotment will be supplied by an adequate water supply and serviced by an adequate reticulated sewerage system of the kind referred to in paragraph (a), and

(c)  if the allotment includes land the surface of which is or, after any proposed filling has been carried out, will be below the 1 percent annual event probability post-mining flood level, appropriate flood control measures can be taken or imposed to ensure that any residential building on the allotment will not be detrimentally affected by flooding.

(2)  Consent must not be granted to residential development:

(a)  on land the surface of which is or, or after any proposed filling has been carried out, will be below the 1 percent annual event probability post-mining flood level, or

(b)  if the floor level of any habitable part of a residential building resulting from the carrying out of the development will be less than the height above that flood level that is considered by the consent authority as adequate to avoid any adverse effect from flooding.

(3)  Consent must not be granted to a subdivision for the purpose of residential development in the vicinity of a sewage treatment plant unless the consent authority:

(a)  has considered an odour impact study:

(i)  that identifies the land potentially affected by offensive odour from the plant, and

(ii)  that is prepared in accordance with such relevant requirements of the consent authority, the Department of Environment and Conservation and Sydney Water Corporation, as have been notified to, and are available from, the council, and

(b)  is satisfied that the development will be located at an appropriate distance away from the plant and in accordance with any guidelines adopted by the consent authority for the location of dwelling-houses in proximity to sewage treatment plants.

(4)  Consent must not be granted to residential development unless the consent authority:

(a)  has considered the likely impact on the proposed development of authorised underground coal mining operations in the vicinity, and

(b)  has considered a report prepared by a suitably qualified and experienced coal geologist that examines the risk relating to geological anomaly within the coal resource under the land the subject of the proposed development, and

(c)  is satisfied, after consultation with the Department of Primary Industries, that the proposed development is not likely to unduly constrain underground coal mining.

(5)  Consent must not be granted to a subdivision for the purpose of residential development unless:

(a)  the consent authority has considered any guidelines adopted by the consent authority for the location of dwelling-houses in proximity to gas drainage boreholes (being guidelines prepared by the consent authority after consultation with the Department of Primary Industries, the Department of Planning and the Department of Environment and Conservation), and

(b)  the consent authority has considered, in consultation with the Department of Primary Industries, whether any exploration:

(i)  that is required in the vicinity in connection with authorised underground coal mining operations, and

(ii)  that the consent authority considers is likely to have an impact on or be impacted on, by the proposed development,

has been completed and, if not completed, the scheduled, and the likely, time for its completion, and

(c)  the consent authority has considered, in consultation with the Department of Primary Industries, whether the proposed development is likely to unduly constrain the continuation or expansion of authorised underground coal mining operations in the vicinity, and

(d)  the consent authority has identified, in consultation with the Department of Primary Industries, appropriate sites for air vent shafts and gas drainage boreholes, in connection with authorised underground coal mining operations, in approved locations on or in the vicinity of the land the subject of the proposed development.

(6)  Consent must not be granted to development for the purpose of gas drainage infrastructure required in connection with authorised underground coal mining operations unless the consent authority is satisfied:

(a)  that the infrastructure is or will be designed in accordance with industry best practice guidelines, where existing, and

(b)  the infrastructure will be located in an approved location.

4 Further restriction on subdivision for purpose of residential development

(1)  Consent must not be granted to a subdivision for the purpose of residential development that will create a lot with an area of less than 40 hectares unless:

(a)  the Director-General has certified in writing to the council that satisfactory arrangements have been made for contributions to the provision of regional transport infrastructure and services in relation to the land comprising that lot, and

(b)  the provisions of any agreement for those or any other contributions relating to the proposed development have been complied with.

(2)  The object of contributions referred to in subclause (1) (a) is to require assistance towards the provision of regional transport infrastructure and services to satisfy needs that will arise from intensive urban development of land to which this Schedule applies.

(3)  The reference in subclause (1) to a lot of less than 40 hectares does not include a reference to any such lot:

(a)  that is identified in the certificate of the Director-General as a residue lot, or

(b)  that is proposed in the development application to be reserved or dedicated for public open space, public roads, public utilities, educational facilities or any other public purpose.

(4)  This clause does not apply to a subdivision of land for the purpose of rectifying an encroachment on any existing allotment.

(5)  State Environmental Planning Policy No 1—Development Standards does not apply to development to which this clause applies.

(6)  This clause has effect despite any other provisions of this plan.

5 Development in vicinity of heritage items

(1)  Consent must not be granted to the erection of a building or the carrying out of a work within 250 metres of a heritage item unless the consent authority has considered a conservation management plan for the item.

(2)  Subclause (1) operates in addition to, and does not derogate from, any other provision of this plan relating to heritage items.

6 Definitions

In this Schedule:

approved location in relation to coal mining infrastructure (including air vent shafts and gas drainage boreholes) means:

(a)  a location shown for such infrastructure on the map marked “Wollondilly Local Environmental Plan 1991 (Amendment No 56) Coal Mining Infrastructure Map”, or

(b)  a location that has been approved by the Director-General of the Department of Primary Industries for such infrastructure.

conservation management plan means a document prepared to the satisfaction of the council that establishes the heritage significance of an item or place and identifies conservation policies and management mechanisms that are appropriate to enable that significance to be retained.

authorised underground coal mining operations means underground coal mining operations carried out under mining leases or exploration licences.

sch 8: Ins 2005 (575), Sch 1 [9].